20230669 Ver 1_USACE Permit_20230714

DEPARTMENT OF THE ARMY
U.S. ARMY CORPS OF ENGINEERS, WILMINGTON DISTRICT
WILMINGTON REGULATORY OFFICE
69 DARLINGTON AVENUE
WILMINGTON NORTH CAROLINA 28403
July 14, 2023
Regulatory Program/Division
Milt Rhodes
PM Development, LLC
11 Brookstown Avenue
Winston-Salem, NC 27101
Via Email: [e-mail]
Dear Mr. Rhodes:
This letter is in response to the Pre -Construction Notification (PCN) you submitted to
the Wilmington District, Charlotte Regulatory Office on May 4, 2023, for a Department of
the Army Nationwide permit (NWP) verification. This project has been assigned the file
number SAW-2021-02293 and is known as Ogden School Road. This file number
should be referenced in all correspondence concerning this project.
A review of the information provided indicates that the proposed work would include
0.019 acre of permanent stream impacts (loss), 0.017 permanent stream impacts, and
0.0024 acre temporary stream impacts for the construction of utility infrastructure
associated with a residential development. The project area for this determination
includes a 32.9 acre(s) area which is illustrated on the site plans/maps dated 5/4/2023.
The project/review area is located on the N side of Ogden School Road, about 0.5 mile
east of NC Highway 66, about 1 mile east of Teague Lane, at Latitude 36.063285 and
Longitude-80.077332; in Kernersville, Forsyth County, North Carolina.
We have determined that the proposed work is authorized by Nationwide Permit 58
(utility line activities for water and other substances). The proposed work must be
accomplished in strict accordance with the general permit conditions, any regional
conditions, the special conditions listed in this letter, the application materials, and the
plans dated 5/4/2023. If the extent of the project area and/or nature of the authorized
impacts to waters are modified, a revised PCN must be submitted to this office for
written approval before work is initiated. Any violation of permit conditions or deviation
from your submitted plans may subject the permittee to enforcement action.
This verification is valid until March 14, 2026, unless prior to this date the subject
NWP(s) is suspended, revoked, or is modified such that the activity no longer complies
with the terms and conditions of this NWP. If you commence or are under contract to
commence this activity before the date that the relevant NWP is modified or revoked,

you will have 12 months from the date of the modification or revocation of the NWP to
complete the activity under the present terms and conditions of this NWP.
Project Specific Special Conditions:
1. If the Tricolored Bat (Perimyotis subflavus) or other bat species are listed as
threatened or endangered prior to tree clearing within the Corps action area, the
applicant shall commit to a tree clearing moratorium between April 1 and October
15; OR
2. The applicant shall conduct acoustic surveys in accordance with the US Fish and
Wildlife Service (USFWS) survey protocols and provide the Corps and USFWS a
preliminary statement of the surveys within 24 hours and develop a relocation
plan as needed. Impacts to WOTUS at these locations shall not occur until the
Corps has coordinated with USFWS and received their concurrence.
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 Morehead City, NC, at [phone].
This NWP verification does not preclude the necessity to obtain any other Federal,
State, or local permits, licenses, and/or certifications, which may be required.
If you have any questions related to this verification or have issues accessing
documents referenced in this letter, please contact Jennifer Lawrence, Regulatory
Specialist of the Charlotte Regulatory Office at [phone], by mail at the above
address, or by email at [e-mail]. Please take a moment to
complete our customer satisfaction survey located at
https://regulatory.ops.usace.army.miI/ords/f?p=136:4.
Sincerely,
Jennifer Lawrence
Regulatory Specialist
Enclosures
Cc (w/enclosures)
David Brame, Pilot Environmental, Inc. (via [e-mail])

General Conditions (33 CFR PART 320-330):
1. The time limit for completing the work authorized ends on March 14, 2026.
2. You must maintain the activity authorized by this permit in good condition and in
conformance with the terms and conditions of this permit. You are not relieved of this
requirement if you abandon the permitted activity, although you may make a good faith
transfer to a third party in compliance with General Condition 4 below. Should you wish
to cease to maintain the authorized activity or should you desire to abandon it without a
good faith transfer, you must obtain a modification of this permit from this office, which
may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while
accomplishing the activity authorized by this permit, you must immediately notify this
office of what you have found. We will initiate the Federal and state coordination
required to determine if the remains warrant a recovery effort of if the site is eligible for
listing in the National Register of Historic Places.
4. If you sell the property associated with this permit you must obtain the signature
of the new owner on the transfer form attached to this letter and forward a copy to this
office to validate the transfer of this authorization.
5. If a conditioned water quality certification has been issued for your project, you
must comply with the conditions specified in the certification as special conditions to this
permit. For your convenience, a copy of the certification is attached if it contains such
conditions.
6. You must allow a representative from this office to inspect the authorized activity
at any time deemed necessary to ensure that it is being or has been accomplished in
accordance with the terms and conditions of your permit.

Compliance Certification Form
Action ID Number: SAW-2021-02293 County: Forsyth
Permittee: PM Development, LLC, Milt Rhodes
Project Name: Ogden School Road
Date Verification Issued: 7/14/2023
Project Manager: Jennifer Lawrence
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: Jennifer Lawrence
Charlotte Regulatory Office
U.S Army Corps of Engineers
8430 University Executive Park Drive, Suite 615
Charlotte, North Carolina 28262
or
[e-mail]
[phone]
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 including any
general or specific conditions, and the required mitigation was completed in accordance
with the permit conditions.
Signature of Permittee
Date