20231169 Ver 1_USACE Permit_20231221

•%%�� DEPARTMENT OF THE ARMY
U.S. ARMY CORPS OF ENGINEERS, WILMINGTON DISTRICT
WILMINGTON REGULATORY OFFICE
69 DARLINGTON AVENUE
WILMINGTON NORTH CAROLINA 28403
December 20, 2023
Regulatory Program/Division
Raleigh Regulatory Field Office
James Floyd
MG Suits, LLC
PO Box 10794
Greensboro, North Carolina 27404
Via Email: [e-mail]
Dear Mr./Ms. Floyd:
This letter is in response to the Pre -Construction Notification (PCN) you submitted to
the Wilmington District, Raleigh Regulatory Office on August 18, 2023, and updated on
November 15 and December 4, 2023, for a Department of the Army Nationwide permit
(NWP) verification. This project has been assigned the file number SAW-2022-02029
and is known as Providence Pointe Subdivision. 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
the permanent impact to 0.068 acre of Wetland WJ (Impact W1) with road crossing fill
(culvert, wall and riprap), and temporarily impact 0.004 acre (Impact W2) for temporary
construction access. Permanently impact 0.018 acre of Wetland HWD (Impact W3) and
88 linear feet (272 sf) of Stream HSA (Impact S1) with road crossing fill. This crossing
would also permanently impact 30 linear feet (90 sf) for riprap (Impact S2), and 42 linear
feet (125 sf) for temporary stream pump -around (Impact S3). Permanently impact 0.15
acre of Wetland HWB (Impact W4) with road crossing fill and temporarily impact 0.066
acres (Impact W5) temporary construction access. Permanent impact to 162 linear feet
(489 sf) of stream HSA (Impact S4) for a culvert and road fill, including 35 linear feet
(105 sf) for riprap (Impact S5), and 10 linear feet (30 sf) for temporary pump around
(Impact S6). Permanently impact 0.001 acre of wetland HWA from sewer line pier
footers (Impact W6) and temporarily impact 0.024 acres (Impact W7) for sewer line
installation. There would also be three stream crossings (Stream SF (Impact S7), HSA
(Impact S8), and Muddy Creek (Impact S9)) to install sanitary sewer service to the
development. Areas of temporary impacts will be restored to similar pre -construction
grade and stabilized with native herbaceous seed mix. Mitigation for the net loss impact
to wetlands is required.
The project area for this determination includes an approximate 156 acre tract, within
which several crossings of waters would occur. The site is illustrated on the enclosed

site plans/maps and is bounded on the west by Suits Road, the south by Poole Road,
and on the east by US Hwy 311, at Latitude 35.897670 and Longitude-79.916440-1 in
Archdale, Randolph County, North Carolina.
We have determined that the proposed work is authorized by Nationwide Permit 29
pursuant to authorities under Section 10 of the Rivers and Harbors Act of 1899 (33
U.S.C. § 403), and/or Section 404 of the Clean Water Act (33 U.S.C. § 1344) and
Section 14 of the Rivers and Harbors Act of 1899 (33 U.S.C. § 408). 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 enclosed plans "Providence Pointe Environmental Impacts" (22pp). 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 15, 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. 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. Suitable habitat for tricolored bat (Perimyotis subf/avus) may be present at the
site. On September 14, 2022, the USFWS published a proposal in the Federal
Register to list the tricolored bat as endangered under the Endangered Species
Act (ESA). The permittee understands and agrees that all work associated with
the clearing and removal of trees and removal or modification of culverts must be
completed prior to the effective date of the final listing in the Federal
Register. Work associated with the aforementioned activities not completed by
that time must cease and the permittee must contact the Corp's Project Manager,
Mr. Lyle Phillips to determine if additional coordination with the United States
Fish and Wildlife Service is required under Section 7 of the Endangered Species
Act prior to continuing work.
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 in Wilmington, 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 Chris Hopper, PM of the
Technical Regional Execution Center on behalf of the Raleigh Regulatory Office at
[phone], by mail at 100 West Oglethorpe St., Savannah, GA 31401, or by email
at Christopher. d.hopper(a)usace.army. mil. If you have any questions related to follow-up
actions associated with this permit, such as compliance inspections, please contact Lyle
Phillips, PM of the Raleigh Regulatory Office at [phone], by mail at 3331
Heritage Trade Drive, Suite 105, Wake Forest, North Carolina 27587, or by email at
George. L.Phillips(a)usace.army.mil. Please take a moment to complete our customer
satisfaction survey located at https://regulatory.ops.usace.army.mil/ords/f?p=136:4.
Sincerely,
11 y �
Chris Hopper
Team Lead / Wilmington District Liaison
Enclosures
Cc (w/enclosures)
Brad Luckey, Pilot Environmental (via [e-mail])

General Conditions (33 CFR PART 320-330):
1. The time limit for completing the work authorized ends on March 15, 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 as detailed in General Condition 29 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-2022-02029 County: Randolph
Permittee: MG Suits, LLC, James Floyd
Project Name: Providence Pointe Subdivision
Date Verification Issued: 12/20/2023
Project Manager: Lyle Phillips
Within 30 days of 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: Lyle Phillips
Raleigh Regulatory Office
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, and mitigation (if applicable), authorized by the above
referenced permit has been completed in accordance with the terms and conditions of
the said permit including any general or specific conditions.
Date Authorized Work Started:
Completed:
Describe any deviations from permit (attach drawing(s) depicting the deviations):
*Note: The description of any deviations on this form does not constitute approval by the Corps.
Signature of Permittee
Date

US Army Corps of Engineers —Wilmington District
Compensatory Mitigation Responsibility Transfer Form
Permittee: James Floyd Action ID: SAW-2022-02029
Project Name: Providence Pointe Subdivision County: Randolph
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
Riparian Non-Riverine
Non -Riparian
Coastal
0.24
*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
0.48
Mitigation Site Debited: NCDMS
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS
acceptance letter identifies a specific site, also list the specific site to be debited).
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

USACE Wilmington District — MRTF 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 by the 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,
dated August 14, 2023 was provided by the applicant.
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, NC27587 (or by email to SAWMITPusace.army. mil.
Questions regarding this form or any of the permit conditions may be directed to the District Mitigation Office.
USACE Project Manager: Christopher Hopper
USACE Field Office: Raleigh Regulatory Office
US Army Corps of Engineers
3331 Heritage Trade Drive,
Wake Forest
Email: [e-mail]
December 20. 2023
Wilmington District Project Manager Signature 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.mil.