20230803 Ver 1_USACE Permit_20231228

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2021-02183 County: Rockingham U.S.G.S. Quad: NC-Ellisboro
GENERAL PERNHT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: LGI Homes -NC, LLC
Attn: Josh Spiegel
Address: 5511 Capital Center Drive, Suite 560
Raleigh, NC 27606
E-mail: josh.spie2el(&l0homes.com
Size (acres) —525 Nearest Town Stokesdale
Nearest Waterway Jacobs Creek River Basin Roanoke
USGS HUC 03010103 Coordinates 36.2908146,-79.9224590
Location description: The project area is located on both sides of US Highway 220, approximately 0.75 mile south of its
intersection with Simpson Road, in Stokesdale, Rockingham County, North Carolina.
Description of projects area and activity: This verification authorizes the permanent discharge of fill material into 0.058 acre
(783 linear feet) of stream channel (0.041 acre [603 linear feet] of which is considered a permanent loss of waters) and 0.328
acre of riparian non-riverine wetlands, and the temporary discharge of fill material into 0.004 acre (191 linear feet) of stream
channel, necessary for construction of access and infrastructure for the Jacobs Creek multi -phase residential development.
Note that the impacts to 0.007 acre (60 linear feet) of stream channel under the footprint of the bottomless arch culvert, while
not a loss of waters, area considered a partial loss of stream function.
Applicable Law(s): © Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Nationwide Permit 29. Residential Developments, Nationwide Permit 14. Linear Transportation Projects
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 6/5/2023, additional information submitted via email on7/17, 8/30, 9/20, and
11/1/2023, and the enclosed plans "Jacobs Creek— Phase 1" Sheet No. C-2, and "Jacobs Creek— Phase 1 to 4" Sheet Nos. Overall,
EX-1, EX-2, EX-3, EX-4, EX-4A, EX-5, EX-6, EX-7, EX-7A, EX-8, EX-9, EX-10, EX-11, EX-12, and EX-13, submitted via email
on 11/1/2023. 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 [phone] or David.E.Bailev2(a),usace.armv.mil.
Corps Regulatory Official: r�y��G �" p Date: 12/27/2023
Expiration Date of Verification: 3/14/2026

SAW-2021-02183
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. No permanent discharges of dredged or fill material are authorized in the following potential
waters of the US:
a. Stream S34: impacts to this feature must be avoided via installation of a spanning structure
such as a pedestrian bridge, as shown on "Jacobs Creek — Phase 1 to 4" Sheet No. EX-5.
b. Jacobs Creek at Horn Drive: impacts to this feature must be avoided via installation of the
bridge shown on "Jacobs Creek — Phase 1 to 4" Sheet Nos. EX-7 and EX-7A.
c. Wetlands W16, W23, W24: impacts to these wetlands will be avoided by preventing fill
slopes from encroaching into these features, as shown on "Jacobs Creek — Phase 1 to 4"
Sheet Nos. EX-8 and EX-12
3. Suitable habitat for tricolored bat (Perimyotis subflavus) 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 Corps' (Attn: Mr. Richard Harmon, [phone] or
Richard. G.Harmon(c us ace. army. mil) 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.
4. Stream and wetlands impacts authorized herein are considered part of the Jacobs Creek
residential development single and complete project. Please note that future impacts and/or
phases of the Jacobs Creek residential development as well as related activities associated with
Corps Action ID: SAW-2021-02183 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 Jacobs Creek residential development single and complete
project include a total loss of 0.041 acre (603 linear feet) of streams and 0.328 acre of wetlands, or
a total of 0.369 acre of waters of the US.
Corps Regulatory Official: r Date: 12/27/2023
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://regulatory.ops.usace.army.mil/customer-service-survey.
Copy furnished electronically:
James Mason, Three Oaks Engineering, Inc., james.mason(a)threeoaksen ing eering com
Sue Homewood, NCDEQ-DWR, sue.homewood(cr,,ncdenr.gov

Compensatory Mitigation Responsibility Transfer Form
Permittee: LGI Homes -NC, LLC, Attn: Josh Spiegel
Project Name: Jacobs Creek residential development / Stokesdale
Action ID: SAW-2021-02183
County: Rockingham
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: 03010103, Roanoke River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian Riverine
FRiparian Non-Riverine
Non -Riparian
Coastal
663
1 0.328
*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: 03010103, Roanoke River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
1,266
0.657
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

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 9/20/2023 was included with the preconstruction notification.
• The stream credits required correspond to 603 linear feet of impacts at 2:1, and 60 linear feet of impacts at 1:1.
• The wetland credits required correspond to 0.328 acre of impacts at 2:1
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]. mil). 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 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Email: [e-mail]
E Project Manager Signature
12/27/2023
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.mil.