20220210 Ver 2_NWP 39 (SAW-2021-00395)_20230628

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2021-00395 County: Guilford U.S.G.S. Quad: NC -Guilford
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Koury Corp, LLC
Attn: Richard Vanore
Address: 2275 Vanstory Street, Suite 200
Greensboro, NC 27403
E-mail: rvanore(&kourycorp.com
Size (acres) —20.66 Nearest Town Greensboro
Nearest Waterway UT to East Fork Deep River River Basin Cape Fear
USGS HUC 03030003 Coordinates 36.067649,-79.949501
Location description: The proiect area is located at located at 415 Gallimore Dairy Road, in Greensboro, Guilford County,
North Carolina.
Description of projects area and activity: This verification authorizes the permanent discharge of fill material into 0.21 acre of
riparian non-riverine wetlands, necessary for the construction of access and infrastructure for four commercial buildings
including a 126,000-SF warehouse building, a 52,500-SF warehouse building, a 12,000-SF commercial buildinu, and a 10,800-
SF commercial building. This proiect will also result in the indirect reduction of wetland function via partial loss of hvdrologv
to an additional 0.27 acre of riparian non-riverine wetlands.
Applicable Law(s): ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Nationwide Permit 39. Commercial and Institutional Developments
SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
Conditions, your application signed and dated 3/22/2023, additional information received via email on 5111 and 6/2/2023, and
the enclosed plans 11415 Gallimore Dairy Road" Sheets 1 and 2 dated 2/1/2023. Any violation of the attached conditions or
deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative
penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit
authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general
permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided
it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit authorization
expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the
nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon
the nationwide and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the
date of the nationwide and/or regional general permit's expiration, modification or revocation, unless discretionary authority has been
exercised on a case -by -case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Resources (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior
to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State
or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of
Engineers regulatory program, please contact David E. Bailey at 919 817-2436 r David.E.Bailey2(a usace.army.mil.
Coros Reuulatory Official: /� Date: 06/28/2023
Expiration Date of Verification: 3/14/2026

SAW-2021-00395
SPECIAL CONDITIONS
1. In order to compensate for impacts associated with this permit, mitigation shall be provided in
accordance with the provisions outlined on the most recent version of the attached Compensatory
Mitigation Responsibility Transfer Form. The requirements of this form, including any special
conditions listed on this form, are hereby incorporated as special conditions of this permit
authorization.
2. Please note that future impacts and/or phases of the 415 Gallimore Dairy Road
industrial/commercial development, and related activities associated with Corps Action IDs:
SAW-20202100395, may be considered part of a single and complete project; these impacts may
be considered cumulative with impacts authorized during earlier phases with respect to
compensatory mitigation and Nationwide Permit thresholds. Current cumulative impacts to
waters of the US for the 415 Gallimore Dairy Road industrial/commercial single and complete
project include a total loss of 0.21 acre of wetlands/potential waters of the US.
Corps Regulatory Official: Date: 06/28/2023
Expiration Date of Verification: 3/14/2026
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so,
please complete the Customer Satisfaction Survey located at https://re ug latoE .o.ops.usace.army.mil/customer-service-survey/.
Copy furnished electronically:
Michelle Measday, ECS Southeast, LLP, MMeasdayLecslimited.com
Seren Homer, NCDEQ-DWR, seren.homerLncdenr.gov
Rebecca Chandler, NCDEQ-DWR, rebecca.chandler(a,ncdenr.gov

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Mitigation Responsibility Transfer Form
Permittee: Koury Corp, LLC Action ID: SAW-2021-00395
Project Name: 415 Gallimore Dairy Road / Greensboro / commercial/industrial County: Guilford
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure
that Wilmington District Project Manager identified on page two is in receipt of a signed copy of this form before conducting
authorized impacts, unless otherwise specified below. If more than one Mitigation Sponsor will be used to provide the
mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8-digit Hydrologic
Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must
be provided to the appropriate Mitigation Sponsors.
Instructions to Sponsor: The Sponsor verifies that the mitigation requirements (credits) shown below have been released
and are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified
mitigation, regardless of whether they have received payment from the Permittee. Once the form is signed, the Sponsor
must update the bank ledger and provide a copy of the signed form and the updated ledger to the Permittee, the Project
Manager who issued the permit, the Bank Project Manager, and the District Mitigation Office (see contact information on
page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements
Permitted Impacts Requiring Mitigation*: 8-digit HUC and Basin: 03030003, Cape Fear River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian Riverine
FRiparian Non-Riverine
Non -Riparian
Coastal
0.48
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03030003, Cape Fear River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
0.69
Mitigation Site Debited: NCDMS
(List the name of the bank to be debited. For umbrella banks, also list the specific site.
acceptance letter identifies a specific site, also list the specific site to be debited).
For NCDMS, list NCDMS. If the NCDMS
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the Wilmington
District, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide
the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigation Sponsor Name:
Name of Sponsor's Authorized Representative:
Signature of Sponsor's Authorized Representative Date of Signature
Page 1 of 2 Form Date July 7, 2020

USACE Wilmington District
Compensatory Mitigation Responsibility Transfer Form, Page 2
Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the District is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions.
• Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after
the District is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted
responsibility for providing the mitigation requirements listed herein. When NCDMS provides mitigation for authorized
impacts conducted bythe North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas
may proceed upon permit issuance; however, a copy of this form signed by NCDMS must be provided to the District
within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the District has received this
form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
• Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative
records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the District
Project Manager (address below) is provided with a signed copy of this form.
• If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the District, the Sponsor must obtain case -by -case approval from the District Project Manager and/or North Carolina
Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance
and a new version of this form must be completed and included in the District administrative records for both the permit
and the Bank/ILF Instrument.
Comments/Additional Conditions:
• A letter from NCDMS, confirming they are willing and able to accept the applicant's compensatory mitigation
responsibility was provided, dated 5/11/2023.
• The wetland credits required correspond to 0.21 acre of direct impacts at 2:1 and 0.27 acre of indirect reduction of
wetland function at 1:1.
This form is not valid unless signed below by the District Project Manager and by the Mitigation Sponsor on Page 1. Once
signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the
District Project Manager at the address below, 3) the Bank Manager listed in RIBITS, and 4) the Wilmington District
Mitigation Office, 3331 Heritage Trade Drive, Suite 105, Wake Forest, NC 27587 (or by email to [e-mail]. miU.
Questions regarding this form or any of the permit conditions may be directed to the District Mitigation Office.
USACE Project Manager: David E. Bailey
USACE Field Office: Raleigh Regulatory Office
US Army Corps of Engineers
3331 Heirtage Tade Drive, Suite 105
Wake Forest, North Carolina 27587
Email: [e-mail]
OF
Wilmington District Project Manager Signature
June 28, 2023
Date of Signature
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at http://ribits.usace.army.mi1.
Page 2 of 2

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1 — _ \ P 1 PG. 34 PART LOT 1 MOREHEAD TOWNSHIP - GREENSBORO NC
i TAX PARCEL 99787
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„�"' I 60' RIGHT OF WAY PER D.B. 1998 PG. 639 �ys�
E9.�' ns
North Carolina 27407
OWNER/DEVELOPER ngineeri g �Inc. Fax 336-854,8876 �� I KOURY CORPORATION Phone 336-854,8877
—Since 19'74
2275 VANSTORY STREET ST. 200 Firm License No.: C,0168
GREENSBORO, NC 27403 Engineers Surveyors Planners
H:\DRAWINGS\K0URY\415 GALLIMORE\415 GALL impact maps-02-01 —23

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WETLAND IMPACT #1 MAP
FOR
415 GALLIMORE DAIRY ROAD
GUILFORD COUNTY
\ MOREHEAD TOWNSHIP - GREENSBORO NC
FEBRUARY 01, 2023
40 0 20 40 80
1 inch = 40ft.
4609 Dundas Drive
OWNER/DEVELOPER \� Q7ans Greensboro,
KOURY CORPORATION — — + — North Carolina 27407
2275 VANSTORY STREET ST. 200 \ �lgblrileering, Inc. Fax [phone]
GREENSBORO, INC 27403 —Since 1974 Phone [phone]
1 Engineers Surveyors Planners Firm License No.: C-0168
H:\DRAWINGS\KOURY\415 GALLIMORE\415 GALL impact maps-02-01 -23
NOW

Action ID Number: SAW-2021-00395
Permittee: Koury Corp, LLC, Attn: Richard Vanore
Project Name: 415 Gallimore Dai
Date Verification Issued: 06/28/2023
Project Manager: David E. Bailey
County: Guilford
Road / Greensboro / commercial/industrial
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: David E. Bailey
Raleigh Regulatory Office
U.S Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
or
[e-mail]
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Date

A. Determination of Jurisdiction:
❑ There are waters, including wetlands on the above described project area that may be subject to Section 404
of the Clean Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33
USC § 403). This preliminary determination is not an appealable action under the Regulatory Program
Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD,
which is an appealable action, by contacting the Corps district for further instruction. Please note, if work is
authorized by either a general or nationwide permit, and you wish to request an appeal of an approved JD, the
appeal must be received by the Corps and the appeal process concluded prior to the commencement of any work
in waters of the United States and prior to any work that could alter the hydrology of waters of the United
States.
2. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit
requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean
Water Act (CWA) (33 USC § 1344). This determination may be relied upon for a period not to exceed five
years from the date of this notification, provided there is no change in law or our published regulations or new
information that warrants revision of this determination.
❑ There are waters, including wetlands within the above described project area that are subject to the permit
requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). This determination may be
relied upon for a period not to exceed five years from the date of this notification, provided there is no change in
law or our published regulations or new information that warrants revision of this determination.
4. A jurisdiction determination was not completed with this request. Therefore, this is not an appealable action.
However, you may request an approved JD, which is an appealable action, by contacting the Corps for further
instruction.
5. ® The jurisdictional areas within the above -described project area have been identified under a previous
action. Please reference jurisdictional determination issued 2/13/2023. Action ID: SAW-2021-00395.