20120825 Ver 1_Time Extension Request_20181126

November 26, 2018
U.S, Army Corps of Engineers
Attn: Mr, Billy Standridge
2407 West Fifth Street
Washington, NC 27989
Dear Mr. Standridge,
This letter is with reference to Action ID SAW 2012-01410 issued to Mr. Billy Roughton to fill 1.33 jurisdictional
wetlands located at 0 The Woods Road, Kitty Hawk. North Carolina. 'This permit will expire December 31, 2018.
This request is to extend the development Period for the proposed project, reconfirm the wetland alignment at the
site, and to transfer the permit to Mr. Roughton's wife: Ms. Mildred Roughton. Mr. Roughton died on July 9, 2015,
and the property was transferred in 2016.
My site visit of November 23, 2018 revealed that no work has been undertaken that was authorized by this permit.
Please find attached a copy of the U.S. Army Corps of Engineers' Permit, NCDWQ Permit #12-0825, the
authorization for Environmental Professionals, Inc, to act as agent, and the confirmation that the mitigation credits
for these impacts have been purchased.
By copy of this letter to Ms. Karen Higgins of the North Carolina Department of Environmental Quality, a request
for extension of DWQ #12-0825 is also being requested.
Sincerely,
Environmental Professionals, Inc.
George H. Wood, CEP,PW-
Attachments: ais
cc: NC Department of Environmental Quality/Attn: Ms. Karen Higgins
Ms. Mildred Roughton
2791W
4`V.1 -CM IONV Z,244141239 EMAIL: 'm

In -
North Carolina Department nfEnvironment 8DHNntUnl ResDU[O8S
Division of Water Quality
Pat McCrory Thomas A. Reeder John E. SkV8rlG, IU
GOV8rn0[ Acting Director Secretary
June 17, 2013
BILL G.AOUGHTON
PO BOX 1877
KILL DEVIL HILLS, NCZ7948
D\N[}#lZ-0825
Dare County
Subject: APPROVAL OFINDIVIDUAL 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
ROUGHTONCOMMERCIAL COMPLEX
USACE Action ID. No. SAW -2012-01410
Dear Mr. Roughton:
Attached hereto isacopy ofCertification No. S96Dissued tmBill G. Roughton,dat8d
June 17,2O13. Please note that you should get any other federal, state orlocal permits
before proceeding with your project, indudingthoserequiredby(butnotOmnitedto)
Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations,
This approval and its conditions are final and binding unless contested. This Certification can be
contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for
an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A
petition form may beobtained from the DAH at or bycalling the (]AH
Clerk's Office at /919\ 431-3QOOfor information.
Within sixty (60) calendar days of receipt of this notice, apetition must be filed with the OAH.
Apetition isconsidered fi|edvvhentheo' 'na|andone/l\copya|ongvvUhanyappUoab|eOAH
filing fee is received in the OAH during normal office hours (Monday through Friday between
8:00am and 5:0opm, excluding official state holidays).
The petition may befaxed to the OAH at [phone], provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Wetlands, Buffers, Stwrnwater — Compliance and Permifting �Webscape) Unit One
1650 Mail Service Center, Raleigh, North Carolina 27699-1650 NofthCarohna
Locatiom f)12 N. Sa4sbury St Raleigh, North Carolina 276104
Phone- 919 807-6300 1 FAX [phone] \ Customer Service 1-877-623 6748 Vvaturlally
Interna www.ncwmterq"alitya0

Mailing address for the OAH:
if sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
BILL G. ROUGHTON
DWQ# 12-0825
Individual Certification #3960
Page 2 of 8
if sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DENR'
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1.601 Mail Service Center
Raleigh, NC 27699-1601
Unless such a petition Is filed, this Certification shall be final and binding.
This certification completes the review of the Division under section 401 of the Clean Water Act
and 15A NCAC 02H .0500. Contact Roberto Scheller at 252-948-3940 or
roberto,schellar 2ngdenr. ov or Jennifer Burclette at 919-807-6364 or
[e-mail] if you have any questions or concerns.
Sincerely, <
Karen Higgins, Supervisor
Wetlands, Buffers, Stormwater —
Compliance & Permitting Unit
cc: U.S. Army Corps of Engineers, Raleigh Regulatory Field Office, Wilmington District
Todd Bowers, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA
30303
George Wood, Environmental Professionals, Inc., PO Box 3368, Kill Devil Hills, NC
27948
DWQ WaRCI 401 files
DWQWebscape Unit
Filename: 120825RoughtonCommercialcomplex(Dare)-401-IC.docx

BILL G. ROUGHTON
0WQ#%2-0825
Individual Certification #396U
Page 3ofR
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #3960 is issued in conformity with the requirements of Section 401, Public Laws
92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC
02H .0500, to Bill G. Roughton, who have authorization for the impacts listed below, as described
within your application received bythe N.C.Division mfWater Quality /0viyion\nnAugust 3O,
2012 and subsequent information on February 8, 2013 and May 28, 2013, and by Public Notice
issued by the U. S. Army Corps of Engineers and received by the Division on November 30, 2013.
The State ufNorth Carolina certifies that this activity will not violate the applicable portions of
Sections 301~3O2,303,]O0,3O7ofthe Public Laws 9Z-50}and PLgS'217ifconducted im
accordance with the application, the supporting documentation, and conditions hereinafter set
forth.
This approval requires you tmfollow the conditions listed inthe certification below.
Conditions of Certification:
1.
Impacts Approved
The following impacts are hereby approved provided that all of the other specific and
general conditions ofthe Certification are met. Noother impacts are approved, including
incidental impacts.
Type of Impact
Amount Approved
Amount Approved
(units)
(units)
Permanent
Temporary
404/401 Wetlands
1 1.33 (acres)
0 (acres)
l
Mitigation '�edfmrth�propoSed|mopactsasspe�fhedinthetabiebekzvv The
-~-�� � |�� from the Farm Mitigation Bank to
0visiouha�r��elvedana�cept�nce letter .
meet this mitigation requirement. Until the Timberlake Farm Mitigation Bank receives and
dears your payment, and proof ofpayment has been provided to this office, no impacts
specified in this Authorization Certificate shall occur. For accounting purposes, this
Authorization Certificate authorizes payment tsthe Timberlake Farm Mitigation Bank to
meet the following compensatory mitigation requirement.
Type of Wetland Comp
,..gn2g2DrLMM gitigat ion River and Sub -basin
404/Wetland 2.66 (acres) — non -riparian Albemarle/03010205

BILL G.RDUGHTON
DWQ# 12-0825
individual Certification #396V
Page 4 of 8
3. Plan
AfinaLvxr�ten51ornmvxatermnanagernentplan (|ndud|ngasigned mndnotar�edOperatkon
- Agreement)shallhesubm��tD�e��e�o���r��ion|n�e
and Maintenance
Washington Regional Office at 943 Washington Sq. Mail Washington NC 27A89vvi1h1n60
~
days mfthe issuance of the 401VWater Quality Certification. The stornxatermanagement
plans shall be approved in writing by this Office before the impacts specified in this
Certification occur. The Stornnvvatermanagement plan must include construction plans,
59edficWt|ons,storrnxvaterBMP worksheets, and supporting calculations. Thestorrnxvater
best management practices are required tobmappropriate for the surface water
classification and designed to remove at least Q596TSS according tothe most recent version
ofthe NCDE0RStornnxVaterBest Management Practices Manual. These facilities must be
designed tntreat the runoff from the entire project, un>essuthenmiseexp|icit\yapprovedby
the Division ofWater Quality. Also, before any permanent building isoccupied atthe
suhiectsi��,thef��Uitieu/asmpproVedbyth|SOf�ce\sha||bVconstructedendopmn*t)ona|,
-^ `
and the stornwatermanagement plan (as approved bthis Office) shall beimplemented.
Thmstructura|stornmvxaterprmoticesasapprovedbyth|sOfOceasvveUaudra|n8gepatterns
must be maintained in perpetuity. No changes to the structural stormwater practices shall
be made without written authorization from the Division of Water Quality.
4 Nowa�e spoiiyu�|�s~�r0U���nykin�5�aUocCu,in��tandsvVatensqrMpahanareas
' ' `
beyond the footprint ofthe impacts depicted d ict d i n the Pre -Construction Notification for this
project. All construction activities, including the design, installation, operation,
rat)on.,and
maintenance ofsediment and �ro�ioncontrol Best Management Practices shaUbe
performed snthat noviolations ofstate water quality standards, statutes, orrules
n
ccur.
Approved plans and specifications for this project are incorporated byreference and are
enforceable parts ofthis permit.
5. practices |n�U�mpUan�v�aU�specifications
Erosion and sediment control p
governing the proper design, installation and operation and maintenance ofsuch Best
Management Practices and if applicable, comply with the specific conditions and
requirements of the NPDES Construction Stormwater Permit issued to the site:
a' Design, installation, qpenatimn,and maintenance ofthe sediment and erosion
control measures mu �s±b such that they equal or exceed the requirements specified
dEm�a�
Erosion on Cwntro/
Manual. The devices shall b8maintained onall construction sites, borrow sites, and
waste pile (spoU) projects, inC|ud|ngcontractopovwnedmr}eased borrow pits
associated with the pr project.
-^
b' For borrow pit siteS,the erosion and sediment contro| measures must bedesigned,
installed, operated, mn d maintained in accordance with the most recent version of
the North Carolina Surface Mining Manual.

BILL G.ROVGHT0N
DWQ#12+0825
individual Certificat[on#396Q
Page 5 of 8
c. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements ofthe Sedimentation Pollution Control Act and
the Mining Act ofl971.
d. Sufficient materials required for stabilization and/or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
6. Sediment and erosion control measures shall not be placed in wetlands or waters.
Exceptions to this condition require application submittal to and written approval by the
Division. |fplacement ofsediment and erosion control devices inwetlands and waters is
unavoidable, then design and placement of temporary erosion control measures shall not
be conducted in a manner that may result in dis-equilibrium of wetlands, stream beds, or
banks, adjacent tourupstreannonddoxvnstreanooftheabovestruotures. All sediment and
erosion control devices shall be removed and the natural grade restored within two (Z)
months of the date that the Division of Energy, Mineral and Land Resources (DEMLR) or
locally delegated program has released the specific area within the project.
7.
Construction Stormwater Permit NCGO10000
AnNPDE5Construction StormnvvaterPermit isrequired for construction projects thatdisturb
one (1)ormore acres mJland. This Permit allows stornnxvatertobedischarged during land
disturbing construction activities as stipulated in the conditions of the permit. if your
project is covered by this permit, full compliance with permit conditions including the
erosion & sedimentation control plan, inspections and maintenance, self-monitoring, record
keeping and reporting requirements isrequired. Acopy ofthe general permit
(NCG0lQOOO),inspection log sheets, and other information may befound av
8. Work in the D[y
All work in or adjacent to stream waters shall be conducted so that the flowing stream does
not nmrne in contact with the disturbed area. Approved best management practices from the
most current version of the NC Sediment and Erosion Control Manual, or the NC DOT
Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams,
and other diversion structures shall be used to minimize excavation in flowing water.
9. If concrete isused during the construction, then all necessary measures shall betaken to
prevent direct contact between uncured or curing concrete and waters of the state. Water
that inadvertently contacts uncured concrete shall not be discharged to waters of the state

BILL G.ROUGHTON
BWQ# 12-025
Individual Certification #J96O
Page 6 of 8
10.All temporary fill and culverts shall be removed and the impacted area returned to natural
conditions, within 6Odays ofthe determination that the temporary impact bnnlonger
necessary. The impacted areas shall be restored to original grade, including each stream's
original cross sectional dimensions, plan form pattern, and longitudinal bed and bed profile,
and the various sites shall be stabilized with natural woody vegetation (except approved
maintenance areas) and restored toprevent erosion.
12.All temporary p' es/cu p pads etc, shall be installed in all streams es outlined in the
most recent edition of the North Carolina Sediment and Erosion Control Planning and Design
Manual so as not to restrict stream flow or cause dis-equilibrium.
12. Anyhprap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the approved
construction activity. All riprapshall beburied and/or "keyed in" such that the original
stream elevation and streambank contours are restored and maintained. Placement ofr|prap
or other approved materials shall not result in cle-stabilization of the stream bed or banks
upstream ordownstream ofthe area.
13. Any riprapusedforstreannytabUizatkJnoh8Ube0fa size and density sDasnot tobeable to
be carried off by wave, current action, or stream flows and consist of clean rock or masonry
material free ofdebris nrtoxic pollutants. Riprapshall not beinstalled inthe stnemnnbed
except in specific areas required for velocity control and to ensure integrity of bank
stabilization measures.
14.Aone-time applicathonoffertUizertore-estab|Nh vegetation|sallowed indisturbed areas
including riparian buffers, but is restricted to no closer than 10 feet from top of bank of
streams, Any fertilizer application must comply with all other Federal, State and Local
regulations.
lS. Deed notifications orsimilar mechanisms shall be placed on all retained jurisdictional
wetlands, waters and protective buffers within the project bmundariesinur6ertoausure
compliance for future wetland, water and buffer impact. These mechanisms shall beput in
place at the time of recording of the property, or of individual lots, whichever is appropriate.
A sample deed notification can be downloaded from the 401/Wetlands Unit web site at
http://h2m.anr.state. nc.u«/ncvvmt|mnds The text ufthe sample deed notification may be
modified as appropriate to suit to this project, Documentation of deed notifications shall be
provided tothe Division upon request.
16. This Certification does not relieve the applicant of the responsibility to obtain all other

BILL G.KOUGHTON
DVVO#12-0825
individual Certification #396O
Page 7of8
17. Continuing Compliance
Mr. 8U| G. Roughton shall conduct construction activities in a manner consistent with State
water quality standards (including any requirements resulting from compliance with section
303(d) of the Clean Water Act) and any other appropriate requirements of State and Federal
law. If the Division determines that such standards or laws are not being met (including the
failure to sustain a designated or achieved use) or that State or federal law is being violated,
or that further conditions are necessary to assure compliance, the Division may reevaluate
and modify this Certification. Before modifying the Certification, the Division shall notify Mr.
Bill G. Roughton and the U.S. Army Corps of Engineers, provide public notice in accordance
with 15A NCAC 02H .0503 and provide opportunity for public hearing in accordance with 15A
N[AC82H.O5O4. Any new orrevised conditions shall baprovided toMr. Bill G.Roughton in
writing, shall beprovided tothe U.S.Army Corps ofEngineers for reference inany Permit
issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of
the 404 Permit for the project.
18.This approval |sfor the purpose and design described ioyour application and aydescribed in
the Public Notice. The plans and specifications for this project are|nozrporated6vreference
and are aDenforceable part pfthe Certification. |fyou change your project, y0unlVstnotitV
the Division and you may be required to submit a new application package with the
appropriate fee. |fthe property issold, the new owner must begiven acopy ofthis
Certification and is responsible for complying with all conditions. Any new owner must notify
the Division and request the Certification beissued intheir name.
19. The applicant and/or authorized agent shall provide a completed Certificate of Completion
Form to the DWQ Webscape Unit within ten days of project completion (available at:
20.This certification grants permission tothe director, anauthorized representative ofthe
Director, or DEN R staff, upon the presentation of proper credentials, to enter the property
during normal business hours.
This approval to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 or CAMA Permit. The
conditions in effect on the date of issuance shall remain in effect for the life of the project,
regardless ofthe expiration date ofthis Certification.

BILL G. ROUGHTON
DWQ# 12-0825
Individual Certification #3960
Page 8 of 8
Non-compliance with or violation of the conditions herein set forth may result in revocation of
this Certification and may also result in criminal and/or civil penalties.
This the 17th day of June 2013
DIVISION OF WATER QUALITY
Karen Higgins,
G -Ti n sA
Supervis r
Wetlands, Buffers, Stormwater —
Compliance & Permitting Unit
�M

The Great Dismal Swamp RestorationBank, LLC
P. Q. Box 6186
Chesapeake, VA 23323
February 27, 2015
Mr. George Wood
Environmental Professionals, Inc..
P.Q. Box 3368
Kill Devil Hills, NC 27948
Dear Mr. Wood:
Phone [phone]
Fax [phone]
This letter is to confirm that The Great Dismal Swamp RestorationBank, LLC has reported the
purchase of 2.66 Non -Riparian mitigation credits for Permittee Billy Roughton. The project is
Roughton Commercial Complex, Dere County, NC. The credits were sold from our Timberlake
mitigation bank for Project SAW -2014-171410, HUC Code 03010205,
Mr. Kyle Barnes, US Army Corps of Engineers has also been notified of this purchase.
It has been a pleasure assisting you with this purchase. Thank you.
Sincerely,
ikJ
Beverly M. White
Manager—Accounting J Sales
GDSRB
CC: File

ill "111Y REIER
Regulatory Division
Action ID. SAW -2012-01410
Billy Roughton
PO Box 1877
Kill Devil Hills, NC 27948
Dear Mr. Roughton,
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
Washington Regulatory Field Office
2407 W V' Street
Washington, North Carolina 27889
February 11, 2015
Enclosed is a Department of the Army permit to impact 1.33 acres of jurisdictional wetlands
F
located at 0 The Woods Road, south of US Highway 158, aTjLent to Jean Guite Creek, in Dare
County, North Carolina. The Corps is issuing this permit in response to your written request of
September 4,`2012, and the ensuing administrative record.
Any deviation in the authorized work will likely require modification of this permit. If a
change in the authorized work is necessary, you should promptly submit revised plans to the
Corps showing the proposed changes. You may not undertake the proposed changes until the
Corps notifies you that your permit has been modified.
Carefully read your permit. The general and special conditions are important. Your failure to
comply with these conditions could result in a violation of Federal law. Certain significant
conditions require that:
a. You must complete construction before December 31, 2018.
b. You must notify this office in advance as to when you intend to commence and
complete work.
c. You must allow representatives from this office to make periodic visits to your worksite
as deemed necessary to assure compliance with permit plans and conditions.
d. Per G.S. 143-214.11, the applicant will make payment to the Great Dismal Swamp'
Restoration Bank to offset impacts to 1.33 acres of jurisdictional wedands at a ratio of 2:1. This
will deviate from Special Condition (d) in the original permit. (,/`
e. It is understood that all of the other conditions of the original permit remain applicable
and that the expiration date is unchanged.

1
DEPARTMENT OF THE ARMY PERMIT
Permittee: Billy Roughton
Permit No.: SAW 2012-01410
Issuing Office: Washington Regulatory Field Office
NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this
office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted
activity or the appropriate official of that office acting under the authority of the commanding officer.
You are authorized to perform work in accordance with the terms and conditions specified below.
Project Description; The applicant proposes to fill 1.33 acres of jurisdictional wetlands with clean fill material to
develop the existing site to a more suitable commercial, retail, and storage property. Clean fill material will be trucked
in and laid in the permitted area depicted in the attached plaits. Fill material will be trucked in from an offsite source
and leveled with a bulldozer and other appropriate equipment. Only the areas depicted in the attached plans will be
impacted. Appropriate sedimentation and erosion control methods will be utilized to ensure the fill material stays
onsite and out of adjacent jurisdictional wetlands and waters of the US.
Project Location: The project is located at 0 The Woods Road, south of US Highway 158, adjacent to Jean Guite
Creek, in Kitty Hawk, Dare County, North Carolina. (36.094381 N, -75.733836 W)
Permit Conditions:
General Conditions:
1. The time limit for completing the work authorized ends on December 31, 20118 . If you find that you need more
time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one
month before the above date is reached.
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 or if the site is eligible for listing in the National
Register of Historic Places.
ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE. (33 CFR 325 (Appendix A))

4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided
validate the transfer of this authorization.
and forward a copy of the permit to this Office to v been issued for your Project, You must comply with the conditions specified
5. if a conditioned water quality certification has be
in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it
contains such conditions, to inspect the authorized activity at any time deemed necessary to ensure
6. you must allow representatives from this office
that it is being or has been accomplished in accordance with the terms and conditions of your permit,
Special Conditions,
SEE ATTACHED SPECIAL CONDITIONS
Further Information:
i. congressional Authorities: You have been authorized to undertake the activity described above pursuant to:
Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 4Q3).
X Section 404 of the Clean Water Art (33 U.S.C. 1344).
Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413).
2. Limits of this authorization'
an other Federal, state, or local authorizations required by law-
. This permit does not obviate the need to obtain
b. This permit does not grant any Property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal project.
3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following:
a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from naftaal
causes. future activities undertaken by or on behalf
b. Damages to the permitted project or uses thereof as a result of current or
of the United States in the public interest. r permitted or unpermitted activities or structures caused by the activity
c, Damages to persons, property, or to othe
authorized by this permit.
d. Design or construction deficiencies associated with the permitted work,

e. Damage claims associated with any future modification, suspension, Or revocation of this permit.
4. Reliance on Applicant's Data: The determination Of this Office that issuance of this Permit is not contrary to the public
interest was made in reliance on the information you provided.
n. This office may reevaluate its decision on this permit at any time the circumstances
warrant. Circumstances that could requir
5. Reevaluation of permit Decision, reevaluation include, but are not limited to, the following:
e a reev
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to have been false, incomplete, or
inaccurate (See 4 above). this office did not consider in reaching the original public interest decision.
c. Significant new information surfaces which that it is appropriate to use the suspension, modification, and revocation
Such a reevaluation may result in a determination such as those contained in 33 CFR 326.4 and 326.5, The
procedures contained in 33 CFR 325.7 or enforcement procedures
issuance of an administrative order requiring you to comply with the terms
referenced enforcement procedures provide for the
initiation of legal action where appropriate. You will be required to pay for any
and conditions of your pen -nit and for the comply with such directive, this office may in certain situations
corrective measures ordered by this office, and if you fail to Comf ill you for the
(such as those specified in 33 CFR 209-170) accomplish the corrective measures by contract or otherwise and b
cost. e completion of the activity authorized by this permit, Unless
6. Extensions. General condition I establishes a time limit for th rized cextension tivity or a of this reevalutimation ofe limit. the public interest
there are circumstances requiring either a prompt completion of the auth
decision, the Corps will normally give favorable consideration to a request for anaof this permit.
Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions
((PER�MAIVTEE) i�HyRo hton��� (DA TE)
This permit becomes Affective when the Federal official, designated to act for the Secretary Of the Army, has signed below.
/it I -20ts,
,piSTRICTENGINEE S even A. Bakery
(DATE)
erred, the terms and
conditions of this Permit will continue to be
tures or work authorized by this permit are still in existence at the time the property is transf transfer of this
When the struc binding on the new owner(s) of the property. TO validate the e sign and date
permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee
below.
(DATE)
(TRANSFEREE)
.U.S, COVERNM"T PRINTING OFFICE.. 1986 - 717A25

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
compensatory Mitigation Res__ olsibilitv Transfer Form
Action ID: SAW -2012-01410 Permittee: Billy Roughton
Project Name: Roughton commercial Complex NCDOT Project Reference:
County. Dare
instructions to Permittee: The Permittee must provide a copy of this form to the mitigation Bank or In -Lieu Fee (ILF)
Sponsor, who will sign the form to verify the transfer of the mitigation credits. Once the Sponsor has signed this form, it is
the Permittee's responsibility to ensure that to the U.S. Army Corps of Engineers (USACE) 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 mitigation associated with a single permit action, separate
forms shall be provided to each mitigation Sponsor.
Instructions to Sponsor: The Sponsor should verify that the mitigation requirements shown below are available and ensure
that they have received payment before signing this form. By signing below, the Sponsor is accepting responsibility for the
identified mitigation. once the form is signed, the Sponsor must update the appropriate ledger and provide a copy of the
signed form to the Permittee and to the USACE Bank/ILF Manager. The Sponsor must also comply with all reporting
requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements: an River Basin
Permitted impacts Requiring Mitigation* 8 -digit HUC and Basin: 03010205, Chow
Wetland Impacts (acres)
Stream impacts (linear feet) Riparian Riparian Coastal
Non -Riparian
Warm Cool Cold Riverine, Non-riverine
1.33
F=1 r the F it, - only include impacts to be mitigated by this sponsor.
*If more than one mitigation sponsor will be used for perm
Compensatory mitigation Requirements: 8 -digit HUG and Basin: 03010205, Chowan River Basin
Stream (credits) Wetland (credits)
Riparian Riparian Non -Riparian Coastal
Warm Cool Cold Riverine Non-riverine
2.66
statement of Mitigation Liability Acceptance: 1, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Bank/ILF Sponsor shown below, and certify that the Sponsor agrees to accept full
responsibility for providing the mitigation identified in this document (see table above), associated with the USACE
Permittee and Action ID number shown. I also verify that released credits (or advance credits for ILF programs), as
approved by the USACE, are currently available at the bank/lLF site identified below. 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.
Mitigation Bank/ILF Sponsor: Great Dismal Swam Restoration
Bank
Mitigation Site Debited; (List the bank site to be debited, or indicate "Advance Credits" for ILF use of advance credits)
Name of Sponsor's Authorized Representative:
Representative
page i of 2
Date of Signature
Form Updated 14 August, 2012

USACE Wilmington District
Compensatory Mitigation Responsibility Transfer Form, Page 2
Conditions for Transfer wfcompensatory Mitigation Credit: ��mndth U�C bin���of�egn��m'�e
w on��c�m�has �n����M���Stion identified in this form, though ..`P--
Permittee remains
Permittee is no longer responsible for providing the mhiQa
responsible for other mitigation requirements stated inthe permit conditions.
iso»a dlcti | areas
w Construction within �urf this document signed by the Sponsor, confirming that the Sponsor has
after the USACE b in receipt »t a copy o listed herein For authorized impacts conducted by
accepted responsibility for providing the mitigation requirements' a» may proceed upon
the North Carolina Dppa�memtofTmnsporlmt|on(NCDOT)'construction w«hh\ojurisdictionalareA�Ew�hin3Udays��
�i anoe'hmwmveracnpyofth\uYormsigned bythe Sponsor must beprovided tothe USO )
perm issuance; ' ib\ for them|t\Dationund|theUSA[Ehaomce\vedthiuform,mom confirming
�erm\tisuance��CDOTremoi»sfuUY'esp»ma e|dinQ�hem|d8at|onrequiremuentoV�tedherein'
that the Sponsor has accepted r*sPongbouYfor pro«
0 Signed copies of this document must be retained by the Permittee, Mitigation 8ank—/IL_F Sponsor, and in
the USmCE
administrative records for both the permit and the 8ank/|LF|nstrument. it is thePerm|�tee'oresponsibilitytoprovidnu
~
signed copy ofthis form tnthe USACEProject Manager atthe address below.
if changes are proposed to the type, amount or location of mitigation after thisform has been
signed and returned
to
the U3ACE' the Sponsor must obtain case-by-case approval from the U6ACE Project Manager and/or North Carolina
Interagency Review Team (NC|RT). 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 USACE administrative records for both
the permit and the 8avk/|LFInstrument.
comments/Additional Conditions:
This form is not valid unless signed by the mitigation Sponsor and WSACE Project Manager. For questions regarding this
form or any of the conditions of the permit authorization, contact the Project Manager at the address below.
USACEPrmject Manager:
Josh Pelletier
Washington Regulatory Field office
USArmy Corps nfEngineers
Z407West Fifth Street
Washington, NC27O89
USACE PtQject Manager
February 4, 2015
Date of Signature
�
mitigation fun��na|u�esmen�,and
yyHu
ndn�1on D�/omitigation guidance, "'°~~^'g^'--ation-- reand�etandgroupings) "��^nnbank�cudonand ava|a�Ut�and omditdmsdfcubons(ivdud\n0s�eamtempe�cu v ' l»
available at .
page ZcfZ
The Wilmingtonm�,/�/oco���eu»ovmv�mmm=mo���vev/�ppo�mumoom�.n,��m,mm�wu�nmnw
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SPECIAL CONDITIONS: ACTION I.D. 4 2012-01410
a. All work authorized by this permit must be performed in strict compliance with
the attached plans, which are a part of this Permit. Any modification to these
plans must be approved by the U.S. Army Corps of Engineers (USACE) prior to
implementation.
b. Except as authorized by this permit or any USACE approved modification to this
permit, no excavation, fill or mechanized land -clearing activities shall take place
at any time in the construction or maintenance of this project, within waters or
wetlands. This permit does not authorize temporary placement or double
handling of excavated or fill material within waters or wetlands outside the
permitted area. This prohibition applies to all borrow and fill activities
connected with this project.
c. Except as specified in the plans attached to this permit, no excavation, fill or
mechanized land -clearing activities shall take place at any time in the construction
or maintenance of this project, in such a manner as to impair normal flows and
circulation patterns within waters or wetlands or to reduce the reach of waters or
wetlands.
In order to compensate for impacts to 1-,33 acres of wetlands, the permittee shall
make payment to the Great Dismal Swamp Restoration Bank in the amount
determined sufficient to perform the restoration of 2.66 acres of non -riparian
wetlands in the Pasquotank River Basin, Cataloging Unit 03020105.
e. The Permittee shall preserve and maintain the remaining A6_ acres of DA
jurisdictional wetlands identified on the attached plat. The Permittee is prohibited
from performing any of the following activities on the property: Filling; grading;
excavating; earth movement of any kind; construction of roads, walkways,
buildings, signs, or any other structure; any activity that may alter the drainage
patterns on the property; the destruction, mowing, or other alteration of vegetation
on the property; disposal or storage of any garbage, trash, or other waste material;
or any other activity which would result in the wetlands being adversely impacted
or destroyed.
f. Prior to beginning work authorized by this permit, the Permittee shall execute and
cause to be recorded a conservation easement prohibiting those activities listed in
condition e, above. The holder of this easement shall be approved by the Corps of
Engineers prior to recordation of the easement. The Permittee shall provide the
Corps of Engineers, a copy of the recorded easement within 60 days of the
recordation of the easement. The Permittee shall take no action inconsistent with
the terms and purpose of the conservation easement on the property described
therein.

You should address all questions regarding this authorization to Josh Pelletier of the
Washington Regulatory Field Office.
Sincerely,
/Y/,. A 1�
William J. Biddlecome
Chief, Washington Field Office
Enclosures
Copy Furnished with enclosures:
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Fritz Rhode
National Marine Fisheries Service
Habitat Conservation Service
101 Pivers Island Road
Beaufort, North Carolina 28516
Mr. Jeffrey Garnett
Wetlands and Marine Regulatory Section
Water Protection Division -Region IV
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. Doug Huggctt
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
1638 Mail Service Center
Raleigh, North Carolina 27699-1638

g. Construction within jurisdictional areas on the property shall begin only
after the permittee has made full payment to the.34MP and provided a
copy of the payment documentation to the Corps'.'
h. In order to compensate for impacts associated with this permit, mitigation shall be
provided in accordance with the provisions outlined in the U.S. Army Corps of
Engineers, Wilmington District, 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.

AUTHORIZATION TO ACT AS REPRESENTATIVE FORM
Landowner of record authorizes Environmental Professionals, Inc. to:
1. enter the property to gather environmental and site information, including delineation of
environmental regulatory jurisdictions;
2. enter the site with the regulatory agencies (i.e. U.S. Army Corps of Engineers,
North Carolina Division of Coastal Management, North Carolina Division of Water
Quality, etc.) as needed to review regulatory alignment(s) and/or to identify additional
regulatory jurisdictions;
3. submit plats and other information to acquire regulatory agency confirmations, approvals,
and/or determinations (U.S. Army Corps of Engineers, North Carolina Division of
Coastal Management, North Carolina Division of Water Quality, and
4. act as agent for the purposes of obtaining environmental permits, authorizations, and/or
determinations.
V
LandowWer Date
Date
Client