19910022 Ver 3_Smithfield 404 IP_20191009

Regulatory Division
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
October 23, 2017
Action ID SAW -2017-00550 (Smithfield Foods, Inc.)
Smithfield Foods, Inc.
c/o: Corey Ragole
115500 NW Ambassador Drive
Suite 500
Kansas City, Missouri 64153
Dear Mr. Ragole:
In accordance with your complete written request of June 14, 2017, and the ensuing
administrative record, enclosed are two copies of a Department of the Army permit to directly
discharge fill material into jurisdictional waters of the U.S., including wetlands, adjacent to
Goodman Swamp, to construct an expansion of the existing Smithfield Foods Distribution
Center, located at 15855 NC Highway 87 West, north of Tar Heel, Bladen County, North
Carolina. The proposed project permanently impacts 2.83 acres of jurisdictional wetlands and
0.01 acre of jurisdictional ditch within a 77 -acre project site.
You should acknowledge that you accept the terms and conditions of the enclosed permit
by signing and dating each copy in the spaces provided ("Permittee" on page 3). Your signature,
as permittee, indicates that, as consideration for the issuance of this permit, you voluntarily
accept and agree to comply with all of the terms and conditions of this permit. All pages of both
copies of the signed permit with drawings should then be returned to this office for final
authorization. A self-addressed envelope is enclosed for your convenience.
Title 33, Part 325.1(f), of the Code of Federal Regulations reads, in part, that, "A $10 fee
will be charged for permit applications when the work is non-commercial in nature and provides
personal benefits that have no connection with a commercial enterprise...", and "A fee of $100
will be charged for permit applications when the planned or ultimate purpose of the project is
commercial or industrial in nature and is in support of operations that charge for the production,
distribution, or sale of goods or services." As your application fits the latter category, you are
requested to remit your check for $100.00, made payable to the Finance and Accounting Officer,
USAFD, Wilmington. The check should accompany the signed and dated copies of your permit.

-2 -
This correspondence contains a proffered permit for the above described site. If you object
to this decision, you may request an administrative appeal under Corps regulations at 33 CFR
part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request
for Appeal (RFA) form. If you request to appeal this decision you must submit a completed
RFA form to the South Atlantic Division, Division Office at the following address:
Administrative Appeal Review Officer
CESAD-ET-CO-R
U.S. Army Corps of Engineers
South Atlantic Division
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is
complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been
received by the Division Office within 60 days of the date of the NAP.
After the permit is authorized in this office, the original copy will be returned to you; the
duplicate copy will be permanently retained in this office. Should you have questions, contact
Mr. Thomas Charles of my Wilmington Field Office regulatory staff by email at
Thomas.p.Charles(a usace.anny.mil or by telephone at [phone].
Sincerely,
Eric G. Reusch, Chief
Wilmington Regulatory Field Office
Enclosures

DEPARTMENT OF THE ARMY PERMIT
Permittee Smithfield Foods, Inc.
c/o: Corey Ragole
115500 NW Ambassador Drive
Suite 500
Kansas City, Missouri 64153
Permit No. SAW -2017-00550
Issuing Office CESAW-RG-L
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.
t
Project Description: The project is to discharge fill material within 2.83 acres of freshwater, forested wetlands and 0.01 -
acre of relatively permanent waters for the purpose of expanding an existing food processing facility, with associated
parking and trailer staging lots.
Project Location: 15855 Highway 87 West (Parcel ID No. 035600822686), in Tar Heel, Bladen County, North Carolina,
28392
Permit Conditions:
General Conditions:
1. The time limit for completing the work authorized ends on December 31, 2022. 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 white 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.
4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space
provided and forward a copy of the permit to this office to validate the transfer of this authorization.
5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions
specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is
attached if it contains such conditions.
6. You must allow representatives from this office to inspect the authorized activity at anytime deemed necessary to
ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit.
ENG FORM 1721, Nov 86 (33 CFR 325 (Appendix A))

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. No authorized work may begin in jurisdictional waters
of the U.S., including wetlands, prior to submitting the attached Compensatory Mitigation Responsibility Transfer
Form completed in full to the District (ATTN: Thomas Charles).
2. This permit does not authorize any additional fill material in waters of the U.S., including jurisdictional
wetlands, other than what is stated in the permit. This permit authorizes permanent impacts to 2.83 -acres of
jurisdictional wetlands and 0.01 -acre of relatively permanent waters for construction of an expansion of the existing
food distribution center.
3. All fill material used within waters of the U.S., including jurisdictional wetlands, must be clean and free of
toxins and must come from an upland source. Dredging for fill material within waters of the U.S., including
jurisdictional wetlands, is not permitted by this authorization.
4. All wetland areas adjacent to construction areas, other than those authorized for impact by this verification,
shall be protected with blaze orange fencing, or similar methods during construction activities. The fencing must be
removed after construction is complete.
S. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase
in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited
to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance
or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must
remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General
Statutes Chapter 113A Article 4).
Further Information:
1. 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. 403).
(X) Section 404 of the Clean Water Act (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.
a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law.
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 natural
causes.
ENG FORM 1721, Nov 86 (33 CFR 325 (Appendix A))

b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of
the United States in the public interest.
c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity
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.
5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances
warrant. Circumstances that could require a reevaluation include, but are not limited to, the following:
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).
c. Significant new information surfaces which this office did not consider in reaching the original public interest decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and
revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4
and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to
comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be
required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this
office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by
contract or otherwise and bill you for the cost.
6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit, unless
there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public
interest decision, the Corps will normally give favorable consideration to a request for an extension of this time limit.
Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit.
(PERMITTEE)
(DATE)
This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below.
(DIM[CT COMMANDER)
(DATE)
When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and
conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit
and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below.
(TRANSFEREE)
(DATE)
ENG FORM 1721, Nov 86 (33 CFR 325 (Appendix A))