SAW-2023-01351_NWP.pdf

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2023-01351 County:Johnston U.S.G.S.Quad: NC-Coats
GENERAL PERMIT (REGIONAL AND NATIONWIDE)VERIFICATION
Permittee: JMS INVESTMENTS GROUP,LLC
Jared Shea
Telephone Number: [phone]
E-mail: imssitedevelopment(a gmail.com
Size(acres) —13.69 Nearest Town An ier
Nearest Waterway Black Creek River Basin Neuse
USGS HUC 03020201 Coordinates Latitude: 35.499058,-78.660428
Location description: The proiect location is 0.17 mile north of the intersection of Plain View Church Road and Piney Grove
Road in Johnston County North Carolina. The proiect is located at Johnston County Parcel number 160300-16-0734.
Description of projects area and activity: This verification authorizes the permeant discharge of fill material into 0.427 acre of
wetland waters for the construction of a storage yard.
Applicable Law(s): ©Section 404(Clean Water Act,33 USC 1344)
❑Section 10(Rivers and Harbors Act,33 USC 403)
Authorization: NWP 39: Commercial Development
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 11/9/2023,and the enclosed plans CWI-3.0"Proposed Impacts"dated 9/20/2023.
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(LAMA),prior
to beginning work you must contact the N.C.Division of Coastal Management Morehead City,NC,at(252)808-2808.
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 Matthew K.Martin at(984)800-3741or matthew.k.martin(&usace.army.mil.
Corps Regulatory Official: Date: 1/23/2024
Expiration Date of Verification: 3/16/2026

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
http://corpsmapu.usace.anny.miUcm_apex/Pp=l 36:4:0
Copy furnished:
Agent: Sage Ecological Services,Inc.
Nikki Thomson
Telephone Number: [phone]
E-mail: nthomson(a,saeeecological.com
Agent: Sage Ecological Services,Inc.
Sean Clark
Telephone Number: [phone]
E-mail: sclarkAsaueecolouical.com
Agency: North Carolina Department of Water Resources
Zach Thomas
Telephone Number: [phone]
E-mail: zachary.thomas(&deg.nc.uov

SAW-2023-01351
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 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 of this species in the
Federal Register. Work associated with the aforementioned activities not completed by that time
must cease and the permittee must contact Matthew Martin of the Corps at [phone] or
[e-mail] 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.

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— — — ' — - - TOTAL TEMPORARY 27,455 0.630 305 710 0.016 1 1,409 0.032 3,958 10.0911
SHEET NO.CWI-3.0 .$
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Action ID Number: SAW-2023-01351 County: Johnston
Permittee: JMS INVESTMENTS GROUP, LLC, Jared Shea
Project Name: JMS Storage
Date Verification Issued: 1/23/2024
Project Manager: Matthew K. Martin
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: Matthew K. Martin
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

Compensatory Mitigation Responsibility Transfer Form
Permittee: JMS INVESTMENTS GROUP, LLC,Jared Shea Action ID: SAW-2023-01351
Project Name:JMS Storage County:Johnston
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:03020201,Neuse River Basin
Stream Impacts(linear feet) Wetland Impacts(acres)
Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non-Riparian Coastal
0.427
*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:03020201,Neuse River Basin
Stream Mitigation (credits) Wetland Mitigation (credits)
Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non-Riparian Coastal
0.854
Mitigation Site Debited: Falling Creek Umbrella Mitigation Bank: McClenny Acres II Mitigation Site
(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 Wildlands Holdings III,LLC, confirming they are willing and able to accept the
applicant's compensatory mitigation responsibility,dated 9/25/2023 was included with the preconstruction notification.
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]). Questions regarding this form or any of the
permit conditions may be directed to the District Mitigation Office.
USACE Project Manager: Matthew K. Martin
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]
I ---
1/23/2024
USACE 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.