20231268 Ver 1_NWP 29_SAW-2017-02368_20240513

DEPARTMENT OF THE ARMY
U.S. ARMY CORPS OF ENGINEERS, WILMINGTON DISTRICT
RALEIGH REGULATORY FIELD OFFICE
3331 HERITAGE TRADE DRIVE SUITE 105
WAKE FOREST NORTH CAROLINA 27587
May 13, 2024
Regulatory Division
SAW-2017-02368
Sent Via email: [e-mail]
Wiley Sykes
O'Ferrell, LLC
3705 West Market Street
Suite A
Greensboro, North Carolina 27403
Dear Mr. Sykes:
This letter is in response to the Pre -Construction Notification (PCN) you submitted to
the Wilmington District, Raleigh Regulatory Field Office on March 1, 2024, for a
Department of the Army Nationwide permit (NWP) verification. This project has been
assigned the file number SAW-2017-02368 and is known as Bryan's Summit
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
impacts to stream and wetland resources associated with construction of Bryans'
Summit SD. Specifically this verification authorizes the permanent loss of 0.018 acre of
wetland to accommodate a road crossing and fill (Impact W1), and an additional 0.004
acre temporarily disturbed during construction (Impact W2), the permanent loss of 87
(435 square feet) linear feet of stream for a culvert (Impact S1), and an additional
permanent no -loss impact to 60 linear feet (300 square feet) of stream for riprap
stabilization. A temporary stream impact to 52 linear feet would also result from
installation of a perpendicular sanitary sewer line crossing (Impact S3). The project area
for this determination includes a 15.5 acre(s) area which is illustrated on the enclosed
site plans/maps. The project/review area is located in the Cape Fear Watershed at
Latitude 36.161488 and Longitude-79.734972; in Browns Summit, Guilford County,
North Carolina.
We have determined that the proposed work is authorized by Nationwide Permit 29
pursuant to authorities under Section 404 of the Clean Water Act (33 U.S.0 § 1344).
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. 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:
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' Laura Meyer via
telephone at 919-634-1595, at address 3331 Heritage Trade Drive, Suite 105,
Wake Forest, North Carolina 27587, or via email to
[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.
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 of the Technical
Regional Execution Center on behalf of the Raleigh Regulatory Field Office at 919-588-
9153, by mail at 100 West Oglethorpe St., Savannah, GA 31401, or by email at
[e-mail]. If you have any questions related to follow-up
actions associated with this permit, such as compliance inspections, please contact Ms.
Laura Meyer, PM of the Raleigh Regulatory Field Office at address 3331 Heritage Trade
Drive, Suite 105, Wake Forest, North Carolina 27587, or via email to
[e-mail]. Please take a moment to complete our customer
satisfaction survey located at https://regulatory.ops.usace.army.mil/ords/f?p=136:4.
Sincerely,
Christopher Hopper
SAD TREC Team Lead
Enclosures
Cc (w/enclosures)
Andrea Agee, BRK Consulting, PLLC (via [e-mail])

Compliance Certification Form
File Number: SAW-2017-02368 County: Guilford
Permittee: O'Ferrell, LLC, Wiley Sykes
Project Name: Bryan's Summit Subdivision
Date Verification Issued: 5/13/2024
Project Manager: Laura Meyer
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: Laura Meyer
Raleigh Regulatory Field Office
3331 Heritage Trade Drive Suite 105
Wake Forest, North Carolina 27587
or
lauraj. [e-mail]. miI
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

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PROJECT NO. 2023-2495

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PROJECT NO. 2023-2495
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