0016067_Federally Funded Certification_Let.pdf

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Attached to
Norcross Greenway - LCI Shared Use Path Enhancement
Solicitation number
PE-66780-NONST-2026-000000043
Issued by
Gwinnett County, Georgia

About this file

This file comprises federal and state environmental authorization documents for the Norcross Greenway project in Gwinnett County, Georgia, involving the Georgia Department of Transportation (GDOT), the U.S. Army Corps of Engineers Savannah District, and the Georgia Environmental Protection Division (EPD). The project entails construction of a 3.3-mile multi-use trail adjacent to roadways from Buford Highway to Beaver Ruin Road, including segments along South Cemetery Street, Mitchell Road NW, and Pinnacle Way, in the City of Norcross. The project (GDOT PI #0016067) will permanently impact 27 linear feet (0.01 acre) of stream and 0.05 acre of wetlands, and temporarily impact 21 linear feet (0.007 acre) of stream and 0.39 acre of wetlands. Environmental permits and approvals were issued between March 2026 and March 26, 2026, including Regional General Permit (RGP) 34 authorization from the Corps of Engineers (File No. SAS-2020-00656), issued March 17, 2026, and a stream buffer variance from Georgia EPD (File No. BV-067-25-14), issued March 26, 2026.

The project requires compensatory mitigation consisting of 243 legacy stream mitigation credits from the Little Sandy Creek 2 mitigation bank and 0.04 (2018) wetland credits from the Georgia-Alabama Land Trust In-lieu fee program. Payment of $40,000 for the wetland credits was confirmed on March 19, 2026. Special provisions from GDOT mandate protection of ecological resources, including the federally protected gray bat and Altamaha shiner, with specific requirements for maintaining 200-foot buffers from streams and wetlands, implementing erosion and sediment control measures, and establishing incident reporting and logging protocols. All project personnel must be trained on protected species identification and penalties for violations. The authorization is valid until the RGP expires on October 5, 2028, and all work must comply with the Georgia Erosion and Sedimentation Control Act of 1975, as amended.

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February 9, 2026

DEPARTMENT OF TRANSPORTATION

STATE OF GEORGIA

SPECIAL PROVISION

PI #0016067

Gwinnett County

Section 107 Legal Regulations and Responsibility to the Public

Add the following to Subsection 107.23:

H. Protection of Ecological Resources

The following conditions are intended as a minimum to protect this species and its habitat during any activities that are in close proximity to the known location(s) of this species.

1. All Project personnel shall be advised about the potential presence and appearance of the state/federal protected gray bat (Myotis grisescens) and Altamaha shiner (Cyprinella xaenura). Pictures and habitat information shall be posted in a conspicuous location in the Project field office until such time that Project construction activities have been completed and time charges have stopped. In addition, the Contractor shall be responsible for maintaining one set of pictures and habitat information on the Project site that is easily accessible at all times. If a Project field office is not present, a copy of the pictures and habitat information shall be supplied to the Project personnel to be kept on the Project during construction activities. All personnel shall be advised that there are civil and criminal penalties for harassing, harming, pursuing, hunting, shooting, wounding, killing, capturing, or collecting of the above species in knowing violation of the Endangered Species Act of 1973 and the Georgia Endangered Wildlife Act of 1973.

Additionally, all bats are protected under Georgia state law (Official Code of Georgia § 27-1-28).

2. Erodible stockpiled materials and excavation spoil should be placed at least 200 feet away from streams, wetlands, and open waters, if feasible. All disturbed soil located within 200 feet of a stream, wetland, or open water shall be mulched daily or covered with erosion control mats until work in such areas has been completed. If mulch is necessary, mulch with tackifiers or soil stabilizers that are anionic and non-oil based (e.g., granular PAM) shall be used to reduce turbidity and increase longevity. Erosion and sediment control devices (e.g., compost filter socks or silt fence) shall be installed around erodible stockpiles and excavation spoils within 200 feet of a stream, wetland, or open water.

3. Within 200 feet of a stream, wetland, or open water, secondary containment and spill response procedures (e.g., spill kits) shall be provided on site for all heavy equipment to prevent the spread of pollutants during oil changes, refueling, and equipment maintenance. When feasible, mineral based hydraulic fluids should be replaced with synthetic biodegradable hydraulic fluid.

PI No. 0016067, Gwinnett County

SP 107.23H Protection of Ecological Resources

4. The contractor should take care not to exceed the Specification spread rate for fertilizer in and around all areas that have potential for runoff into Perennial Stream (PS) 01 (Beaver Ruin Creek), PS 02, PS05a (Beaver Ruin Creek), PS 05b (Beaver Ruin Creek), and PS 10 (Beaver Ruin Creek); (see Environmental Resource Impact Table [ERIT] for station numbers). Furthermore, precautions shall be used to minimize potential runoff of excess fertilizer into PS 01 (Beaver Ruin Creek), PS 02, PS05a (Beaver Ruin Creek), PS 05b (Beaver Ruin Creek), and PS 10 (Beaver Ruin Creek), such as, but not limited to, refrain from filling the spreader or storing of fertilizer in these areas.

5. In the event any incident occurs that causes injury to the above species along the Project corridor, the Contractor shall report the incident immediately to the Engineer who in turn will notify the State Environmental Administrator, Georgia Department of Transportation, Office of Environmental Services at (404) 631-1100. With the exception of traffic control and erosion control, all activity shall cease pending consultation by the Department with the Fish and Wildlife Service, Georgia Department of Natural Resources Wildlife Resources Division, and the lead Federal Agency.

6. The Contractor shall keep a log detailing any incidents that cause harm or injury to the above species on or adjacent to the Project until such time that Project construction has been completed and time charges have stopped. Within thirty (30) days of Project completion, the log and a report summarizing any incidents that caused harm to these species shall be submitted by the Contractor to the Engineer, and via email to the GDOT Office of Environmental Services (ecology_submittals@dot.ga.gov) with the PI number in the subject line of the email. GDOT in turn will provide copies of the report to the Fish and Wildlife Service, Georgia Department of Natural Resources Wildlife Resources Division, and the lead Federal Agency.

7. All costs pertaining to any requirement contained herein shall be included in the overall bid submitted unless such requirement is designated as a separate Pay Item in the Proposal.

December 18, 2025

DEPARTMENT OF TRANSPORTATION

STATE OF GEORGIA

SPECIAL PROVISION

P.I. No. 0016067

Section 165 Maintenance of Temporary Erosion and Sedimentation Control Devices

Delete the opening text of Subsection 165.3.05 and replace with the following and retain lettered subsections:

As a minimum, clean sediment from all temporary erosion control devices (except temporary sediment basins) installed on the project when:

One-third the capacity by volume, as measured by depth, has been reached when the erosion control device is within 200 feet of Perennial Stream (PS) 01 (Beaver Ruin Creek), PS 02, PS05a (Beaver Ruin Creek), PS 05b (Beaver Ruin Creek), PS 06, and PS 10 (Beaver Ruin Creek) (see Environmental Resource Impact Table [ERIT] for station numbers) for added protection of ecological resources (see Special Provision 107.23H); or

One-half the capacity by volume, as measured by depth, has been reached otherwise for all other erosion control devices (except temporary sediment basins).

Clean sediment from all temporary sediment basins installed on a project when one-third the capacity of the storage volume has been filled.

Handle excavated sediment from any erosion or sediment control device in one of the following ways:

Remove sediment from the immediate area and immediately stabilize it to prevent the material from refilling any erosion or sediment control device.

Place and mix it in the roadway embankment or waste it in an area approved by the Engineer.

Repair or replace at no cost to the Department any erosion or sediment control device that is not functioning properly or is damaged due to negligence or abuse.

DEPARTMENT OF THE ARMY

U.S. ARMY CORPS OF ENGINEERS, SAVANNAH DISTRICT

4751 BEST ROAD, SUITE 140

COLLEGE PARK, GEORGIA 30337

March 17, 2026

Regulatory Division

SAS-2020-00656

GDOT P.I. 0016067

Mr. Amir Mahfoozpour City of Norcross 65 Lawrenceville Street Norcross, Georgia 30071

Dear Mr. Mahfoozpour:

I refer to the Pre-Construction Notification (PCN) received on December 23, 2025, and supplemental information received March 5, 2026, for verification for use of Regional General Permit (RGP) 34 to permanently impact 27 linear feet (0.01 acre) of stream and 0.05 acre of wetlands; and temporarily impact 21 linear feet (0.007 acre) of stream and 0.39 acre of wetlands to construct 3.3 miles of the Norcross Greenway, a multi-use trail located adjacent to the roadways from Buford Highway to Beaver Ruin Road, along South (S.) Cemetery Street, Mitchell Road NW, and Pinnacle Way, with connecting trails between those roadways, in the City of Norcross, Gwinnett County, Georgia (approximate midpoint Latitude 33.933789, Longitude -84.201468). I also refer to our letter of October 6, 2020, which verified a previous aquatic resources delineation for this project area, which this letter supersedes. This project has retained the previously assigned number SAS-2020-00656, and it is important that you refer to this number in all communication concerning this matter.

We have completed a delineation for this site. Any wetlands on-site were delineated in accordance with criteria contained in the 1987 "Corps of Engineers Wetland Delineation Manual,” as amended by the most recent regional supplements to the manual. The enclosed exhibits entitled, “Figures 3a through 3d, Aquatic Resources Map (Aerial), Norcross Greenway LCI, GDOT P.I. # 0016067, Gwinnett County, Georgia,” dated December 5, 2025, accurately identifies the delineated limits of all aquatic resources located within the Environmental Survey Area. Please note, this delineation may require re-verification and is subject to change based on site conditions at the time of re-evaluation.

The delineation included herein has been conducted to identify the location and extent of the aquatic resource boundaries for purposes of the Clean Water Act for the particular site identified in this request. This delineation may not be valid for the Wetland Conservation Provisions of the Food Security Act of 1985, as amended. If you or your tenant are USDA program participants, or anticipate participation in USDA programs,

- 2 -you should discuss the applicability of a certified wetland determination with the local USDA service center, prior to starting work.

This communication does not convey any property rights, either in real estate or material, or any exclusive privileges. It does not authorize any injury to property, invasion of rights, or any infringement of federal, state or local laws, or regulations. It does not obviate your requirement to obtain state or local assent required by law for the development of this property. If the information you have submitted, and on which the U.S. Army Corps of Engineers has based its determination is later found to be in error, this decision may be revoked.

On March 5, 2026, the City of Norcross provided a Statement of Credit Availability (SOCA) for 243 legacy stream credits from Little Sandy Creek 2 mitigation bank. On March 5, 2026, the City of Norcross provided a SOCA for 0.04 (2018) wetland credits from the Georgia-Alabama Land Trust In-lieu fee (GALT). Once these credits are purchased, it would fulfill the compensatory mitigation requirements for this project.

We have completed coordination with other federal and state agencies as described in Part VIII of RGP 34, issued on October 5, 2023. This RGP can be found at http://www.sas.usace.army.mil/Missions/Regulatory/Permitting/GeneralPermits/Regiona lGeneralPermits.aspx. During our coordination procedure, no adverse comments regarding the proposed work were received.

As a result of our evaluation of your project, we have determined that the proposed activity is authorized under RGP 34. Your use of this RGP is valid only if:

a. The activity is conducted in accordance with the information submitted and meets the conditions applicable to the RGP.

b. You shall obtain and comply with all appropriate federal, state, and local authorizations required for this type of activity. A stream buffer variance may be required from the Georgia Department of Natural Resources, Environmental Protection Division (Georgia EPD), as defined in the Georgia Erosion and Sedimentation Control Act of 1975, as amended. Information concerning variances can be obtained at the Georgia EPD's website at www.epd.georgia.gov, or by calling (404) 463-1511.

c. All work conducted under this permit shall be located, outlined, designed, constructed, and operated in accordance with the minimal requirements of the Georgia Erosion and Sedimentation Control Act of 1975, as amended. Utilization of plans and specifications contained in the "Manual for Erosion and Sediment Control," (Latest Edition), published by the Georgia Soil and Water Conservation

- 3 -

Commission, will aid in achieving compliance with the aforementioned minimal requirements.

d. You shall install and maintain erosion and sediment control measures in upland areas of the project site, in accordance with the Georgia Erosion and Sedimentation Control Act of 1975, as amended, to minimize the introduction of sediment into and the erosion of streams, wetlands and other waters of the United States. This permit does not authorize installation of check-dams, weirs, bulkheads or other erosion control measures in streams, wetlands or other waters of the United States. Authorization would be required from the Corps prior to installing any erosion control measures in waters of the United States.

e. You shall install and maintain erosion and sediment control measures for all fill material that is authorized to be discharged in streams, wetlands and other waters of the United States, in accordance with the Georgia Erosion and Sedimentation Control Act of 1975, as amended, and permanently stabilize fill areas at the earliest practicable date.

f. The project shall be constructed in accordance with the enclosed plans and drawings entitled: “City of Norcross, Plan and Profile of Proposed Norcross Greenway – LCI, Shared-Use Path Enhancement,” Drawing No. 01-0001, dated 12/9/2025; “Construction Plan, Norcross Greenway-LCI,” Drawing Nos. 13-0001 and 13-0002, dated 12/16/2025; “Construction Plan, Norcross Greenway-LCI,” Drawing Nos. 13-0003 through 13-0006, dated 11/4/2025; “Construction Plan, Norcross Greenway-LCI ,” Drawing No. 13-0007, dated 12/9/2025; “Construction Plan, Norcross Greenway-LCI ,” Drawing No. 13-0008, dated 11/4/2025;

“Construction Plan, Norcross Greenway-LCI ,” Drawing No. 13-0009, dated 12/9/2025; “Construction Plan, Norcross Greenway-LCI,” Drawing Nos. 13-0010 through 13-0014, dated 11/4/2025; “Construction Plan, Norcross Greenway-LCI ,” Drawing No. 13-0015, dated 12/9/2025; “Construction Plan, Norcross Greenway-LCI ,” Drawing No. 13-0016, dated 11/4/2025; “Construction Plan, Norcross Greenway-LCI,” Drawing Nos. 13-0017 through 13-0021, dated 11/10/2025; “Construction Plan, Norcross Greenway-LCI,” Drawing Nos. 13-0022 through 13-0032, dated 10/6/2025; “Norcross Greenway LCI Gwinnett County, 0016067,” Drawing No. 35-0001, 35-0002, 35-0006 and 35-0007, dated April 2025; and “Drainage Profiles, Norcross Greenway – LCI,” Drawing No. 22-0005, dated 6/30/2025.

g. You shall notify the Corps, in writing, at least 10 days in advance of commencement of work authorized by this permit.

h. You fill out and sign the enclosed certification and return it to our office within 30 days of completion of the activity authorized by this permit.

- 4 -

i. Prior to the commencement of any permitted work in aquatic resources, the permittee shall purchase 243 legacy stream mitigation credits from the Little Sandy Creek 2 mitigation bank and 0.04 (2018) wetland credits from the GALT.

The credit purchase documentation must reference the Corps file number assigned to the permitted project. If all or any portion of the required credits are not available from Little Sandy Creek 2 and/or GALT, the permittee shall obtain written approval from the Corps prior to purchasing credits from an alternate mitigation bank.

The Corps, as the lead federal agency, reviewed this project in accordance with Section 7 of the Endangered Species Act. The Corps determined that the project would “may affect, not likely to adversely affect” the endangered gray bat (Myotis grisescens) and would have “no effect” on all other federally listed species. Authorization of an activity by a RGP does not authorize the "take" of threatened or endangered species.

In the absence of separate authorization, both lethal and non-lethal "takes" of protected species are in violation of the Endangered Species Act.

This verification is valid until the RGP is modified, reissued or revoked. All of the transportation RGPs are scheduled to expire on October 5, 2028. If the authorized work is not initiated or completed prior to the RGP expiration date, the project will be conditionally re-authorized if and when the RGPs are re-issued by the Corps for a subsequent five-year period, provided: (a) the expired and re-issued RGP used to authorize the project are substantively the same; and (b) the RGP authorized project is unchanged. In such cases, you are not required to request written verification from the Corps that the project continues to be authorized by the re-issued RGP. Please note, a RGP authorized project can only be conditionally re-authorized once. Further, should your project not be initiated or completed by the end of the second five-year RGP authorization period, you must submit a new PCN to the Corps and request verification of use of a RGP to complete the project. It is incumbent upon you to remain informed of changes to the RGP.

This authorization should not be construed to mean that any future projects requiring Department of the Army authorization would necessarily be authorized. Any new proposal, whether associated with this project or not, would be evaluated on a case-by-case basis. Any prior approvals would not be a determining factor in making a decision on any future request. Revisions to your proposal may invalidate this authorization. In the event changes to this project are contemplated, I recommend that you coordinate with us prior to proceeding with the work.

This communication does not relieve you of any obligation or responsibility for complying with the provisions of any other laws or regulations of other federal, state or local authorities. It does not affect your liability for any damages or claims that may

- 5 -arise as a result of the work. It does not convey any property rights, either in real estate or material, or any exclusive privileges. It also does not affect your liability for any interference with existing or proposed federal projects. If the information you have submitted and on which the Corps bases its determination/decision of authorization under the RGP is later found to be in error, this determination may be subject to modification, suspension, or revocation. If you have any questions, please call Ms.

Nicole Liette, Project Manager, Management Branch, at (678) 422-2729.

Sincerely, Edward B. Johnson Jr.

Chief, Management Branch

Enclosures

Regulatory Division

CERTIFICATION OF COMPLIANCE

WITH

DEPARTMENT OF THE ARMY

REGIONAL GENERAL PERMIT 34

PERMIT FILE NUMBER: SAS-2020-00656, GDOT P.I. 0016067

PERMITTEE ADDRESS: Mr. Amir Mahfoozpour, City of Norcross, 65 Lawrenceville Street, Norcross, Georgia 30071.

LOCATION OF WORK: The project is located adjacent to the roadways from Buford Highway to Beaver Ruin Road, along South Cemetery Street, Mitchell Road NW, and Pinnacle Way, with connecting trails between those roadways, in the City of Norcross, Gwinnett County, Georgia (Latitude 33.9338, Longitude -84.2015).

PROJECT DESCRIPTION: To construct a 3.3-mile multi-use trail.

ACRES AND/OR LINEAR FEET OF WATERS OF THE UNITED STATES IMPACTED:

To permanently impact 27 linear feet (0.01 acre) of stream and 0.05 acre of wetlands;

and temporarily impact 21 linear feet (0.007 acre) of stream and 0.39 acre of wetlands.

DATE WORK IN WATERS OF UNITED STATES COMPLETED:__________________

COMPENSATORY MITIGATION REQUIRED: Yes- On March 5, 2026, the City of Norcross provided a Statement of Credit Availability (SOCA) for 243 legacy stream credits from Little Sandy Creek 2 mitigation bank. On March 5, 2026, the City of Norcross provided a SOCA for 0.04 (2018) wetland credits from the Georgia-Alabama Land Trust In-lieu fee. Once these credits are purchased, it would fulfill the compensatory mitigation requirements for this project.

I understand that the permitted activity is subject to a U.S. Army Corps of Engineers' Compliance Inspection. If I fail to comply with the permit conditions as specified in Regional General Permit 34, issued on October 5, 2023, it may be subject to suspension, modification or revocation.

I hereby certify that the work authorized by the above referenced permit as well as any required mitigation (if applicable) has been completed in accordance with the terms and conditions of the said permit.

Signature of Permittee Date

Jeffrey W. Cown, Director

EPD Director’s Office 2 Martin Luther King, Jr. Drive Suite 1456, East Tower Atlanta, Georgia 30334 404-656-4713

Amir Mahfoozpour

City of Norcross

65 Lawrenceville Street NW

Norcross, GA 30071

RE: Request for Variance under the Provisions of O.C.G.A. § 12-7-6(b)(15)

Norcross Greenway

File: BV-067-25-14

Dear Amir Mahfoozpour:

The Georgia Environmental Protection Division (EPD) has reviewed your stream buffer variance application for the above-referenced project. The review was conducted to consider the potential impacts of the proposed project’s encroachment on buffers to State waters within the context of the Georgia Erosion and Sedimentation Act and the potential impact to State waters within the context of Georgia’s National Pollutant Discharge Elimination System (NPDES) General Permits for Stormwater Discharges Associated with Construction Activities. This review, and the variance granted herein, is limited to only the request(s) in the application that you submitted for permission to conduct land-disturbing activities within 25-foot areas located immediately adjacent to the banks of State waters where vegetation has been wrested by normal stream flow or wave action. To the extent that your buffer variance application includes a request to conduct land-disturbing activities within 25 feet of State waters where there is no vegetation that has been wrested by normal stream flow or wave action, such request has not been considered by EPD, and the related activity is not addressed in the variance granted herein.

Pursuant to Ga. Comp. R. and Regs. 391-3-7-.05(2)(f) and subject to the conditions and contingencies described further below, authorization is hereby granted to encroach within the 25-foot buffer adjacent to State waters as delineated in your application dated December 24, 2025.

Buffer impacts authorized by this variance must be completed within five years of the date of this approval letter. If the approved buffer impacts cannot be completed prior to the expiration date, a time extension must be requested in writing at least 90 calendar days prior to the expiration date with justifiable cause demonstrated.

Authorization for the above referenced project is subject to the following conditions and contingencies:

1) All graded slopes 3:1 or greater must be hydroseeded and covered with Georgia DOT approved wood fiber matting or coconut fiber matting. If not hydroseeded, Georgia

DOT approved matting that has been incorporated with seed and fertilizer must be used. All slopes must be properly protected until a permanent vegetative stand is established;

Mar 26, 2026

Amir Mahfoozpour

Norcross Greenway

2) The amount of land cleared during construction must be kept to a minimum;

3) All disturbed areas must be seeded, fertilized, and mulched as soon as the final grade is achieved. Also, these disturbed areas must be protected until permanent vegetation is established; and

4) A double row of Georgia DOT type “C” silt fence or an approved high performance silt fence must be installed between the land disturbing activities and State waters where appropriate.

The granting of this approval does not relieve you of any obligation or responsibility for complying with the provisions of any other law or regulations of any federal, local or additional

State authority, nor does it obligate any of the aforementioned to permit this project if they do not concur with its concept of development/control.

If you have questions concerning this letter, please contact Madison McCrary, Erosion and Sedimentation Control Unit, Nonpoint Source Program, at (470) 524-0622.

Sincerely, Jeffrey W. Cown

Director

JWC:mm cc: Sergi Picas, Environmental Scientist, NV5

Blake Ellett, Environmental Services Group Manager, NV5

Craig Newton, Mayor, City of Norcross

John Lee Thomson, Wildlife Resources Division, Region II Fisheries Management

Mitch Attaway, Georgia Soil and Water Conservation Commission, Region I

Brian Boutelle, EPD Mountain District Office, Atlanta

File: BV-067-25-14

Jordan, Taylor

From: Blake Ellett <Blake.Ellett@nv5.com> Sent: Thursday, March 19, 2026 8:40 AM To: Jordan, Taylor Cc: Kathryn Wong; Jennifer Corcoran Subject: Fw: Payment confirmation: Invoice #SAS-2020-00656-(Georgia-Alabama Land Trust, Inc.)

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Please find payment details for wetland credits below.

Blake Ellett, PWS | Environmental Services Group Manager SE| NV5 10745 Westside Way, Suite 300 | Alpharetta, Georgia 30009 C: 256.483.6860

From: QuickBooks Payments <quickbooks@notification.intuit.com> Sent: Thursday, March 19, 2026 8:23:51 AM To: Blake Ellett <Blake.Ellett@nv5.com> Subject: Payment confirmation: Invoice #SAS-2020-00656-(Georgia-Alabama Land Trust, Inc.)

Manage payment

You paid $40000.00 to Georgia-Alabama Land Trust, Inc. on 03/19/2026

Payment details

Invoice no. SAS-2020-00656

Invoice amount $40000.00

Total amount $40000.00

Status Paid

Payment method Personal checking *********8069

Authorization ID 11A09FDUBY6S

Please don't reply to this email, if you need any help regarding this message, please contact the business directly.

Thank you, Georgia-Alabama Land Trust, Inc.

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0016067_Federally Funded Certification_Let
ect_sp
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BV-067-25-14 Gwinnett County APPROVAL LETTER
mitigation

File details come from the government source that posted it. Updated .