HomeMy WebLinkAbout20180765 Ver 4_USACE Permit_20200512U partment or
DEPARTMENT OF THE ARMY Environmental Quality
WILMINGTON DISTRICT, CORPS OF ENGINEERS Received
151 PATTON AVENUE
ROOM 208 Pv o Y 15 20
ASHEVILLE, NORTH CAROLINA 28801-5006
Winston-Salem
May 12, 2020 Regional Office
Regulatory Division
Action ID: SAW-2017-02218
Mr. Owen Schultz
Daniel Communities, LLC
Post Office Box 2489
Cashiers, North Carolina 28717
Dear Mr. Schultz:
Enclosed is a Department of the Army permit to place fill in 1,181 linear feet of
stream channels, 0.326 acres of wetlands, and 0.15 acres of open waters resulting in
impacts to waters of the U.S., associated with the High Hampton Redevelopment
Project. The above noted impacts are 200 linear feet of temporary stream impacts
(utility crossings); 881 linear feet of permanent stream impacts (golf course redesign,
stream crossings for roads, stream bank stabilization); 0.326 acres of permanent
wetland impacts (golf course redesign and crossings for roads); and 0.15 acres
permanent open water impacts (beach relocation/construction). The Corps is issuing
this permit in response to your written request of July 1, 2019, 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 April 16, 2030.
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.
-2-
d. 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.
You should address all questions regarding this authorization to David Brown at the
Asheville Regulatory Field Office, telephone (828) 271-7980 extension 4232.
FOR THE COMMANDER
Digitally signed by
SJON
�� ES.MICHAEL.SCOTf.1258314
073
Date: 2020.05.11 15:41:58-04'00'
Scott Jones, PWS
Chief
Asheville/Charlotte Regulatory Field Offices
Enclosures
cc (with enclosures):
Mr. Clement Riddle
ClearWater Environmental Consultants, Inc.
32 Clayton Street
Asheville, North Carolina 28801
Mr. S. Daniel Smith
NC Department of Environmental Quality
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1671
V1Vls. Sue Homewood
NC Department of Environmental Quality
Division of Water Resources
450 W. Hanes Mill Road, Suite 300
Winston Salem, North Carolina 27105
cc (with special conditions and plans):
Ms. Andrea Leslie
NC Wildlife Resources Commission
645 Fish Hatchery Road
Marion, North Carolina 28752
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant:
File Number:
Date:
Daniel Communities, LLC
SAW-2017-02281
May 12, 2020
Attached
is:
See Section below
❑I
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
NJ
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
❑
PERMIT DENIAL
C
❑
APPROVED JURISDICTIONAL DETERMINATION
D
❑
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at http://wwwlusace.army.miIlinet/functions/cwlcecwo/reg or
Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district
engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your
work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the
permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved
jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may
request that the permit be modified accordingly. You must complete Section 11 of this form and return the form to
the district engineer. Your objections must be received by the district engineer within 60 days of the date of this
notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district
engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify
the permit to address some of your objections, or (c) not modify the permit having determined that the permit
should be issued as previously written. After evaluating your objections, the district engineer will send you a
proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district
engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your
work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the
permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved
jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and
conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal
Process by completing Section II of this form and sending the form to the division engineer. This form must be
received by the division engineer within 60 days of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal
Process by completing Section II of this form and sending the form to the division engineer. This form must be
received by the division engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60
days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to
appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer.
This form must be received by the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding
the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which
may be appealed), by contacting the Corps district for further instruction. Also you may provide new information
for further consideration by the Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision
If you only have questions regarding the appeal process
and/or the appeal process you may contact:
you may also contact:
Mr. Philip Shannin, Administrative Appeal Review Officer
District Engineer
CESAD-PDO
USACE- Wilmington Regulatory Division
U.S. Army Corps of Engineers, South Atlantic Division
Attn: Mr. David Brown
60 Forsyth Street, Room 1OM15
151 Patton Avenue, Room 208
Atlanta, Georgia 30303-8801
Asheville, NC 28801
Phone: (404) 562-5137
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any
government consultants, to conduct investigations of the project site during the course of the appeal process.
You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all
site investigations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Mr. David Brown, 69 Darlington
Avenue, Wilmington, North Carolina 28403
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this
form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Philip
Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta,
Georgia 30303-8801 Phone: (404) 562-5137
SPECIAL CONDITIONS
Action ID: SAW-2017-02281
WORK LIMITS / NOTIFICATION
1.0 CONSTRUCTION PLANS: All work authorized by this permit shall be performed in
strict compliance with the attached permit plans dated July 18, 2019, and last revised on
April 1, 2020, which are a part of this permit. The Permittee shall ensure that the
construction design plans for this project do not deviate from the permit plans attached
to this authorization. Any modification to the attached permit plans must be approved by
the U.S. Army Corps of Engineers (Corps) prior to any active construction in waters or
wetlands.
2.0 UNAUTHORIZED DREDGE OR FILL: Except as authorized by this permit or any
Corps -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.
3.0 PERMIT DISTRUTION: The Permittee shall require its contractors and/or agents to
comply with the terms and conditions of this permit in the construction and maintenance
of this project, and shall provide each of its contractors and/or agents associated with
the construction or maintenance of this project with a copy of this permit. A copy of this
permit, including all conditions and drawings shall be available at the project site during
construction and maintenance of this project.
4.0 PRECONSTRUCTION MEETING: The Permittee shall conduct an onsite
preconstruction meeting between its representatives, the contractor's representatives
and the appropriate U.S. Army Corps of Engineers Project Manager prior to undertaking
any work within jurisdictional waters and wetlands to ensure that there is a mutual
understanding of all terms and conditions contained within the Department of the Army
permit. The Permittee shall schedule the preconstruction meeting for a time frame when
the Corps, NCDCM, and NCDWQ Project Managers can attend. The Permittee shall
invite the Corps, NCDCM, and NCDWQ Project Managers a minimum of thirty (30) days
in advance of the scheduled meeting in order to provide those individuals with ample
opportunity to schedule and participate in the required meeting. The thirty (30) day
requirement can be waived with the concurrence of the Corps.
5.0 NOTIFICATION OF CONSTRUCTION COMMENCEMENT AND COMPLETEION:
The Permittee shall notify the U.S. Army Corps of Engineers in writing prior to beginning
the work authorized by this permit and again upon completion of the work authorized by
this permit.
6.0 REPORTING ADDRESS: All reports, documentation, and correspondence required
by the conditions of this permit shall be submitted to the following: U.S. Army Corps of
Engineers, Wilmington District Regulatory Division, Asheville Regulatory Field Office,
c/o Mr. David Brown, 151 Patton Avenue, Room 208, Asheville, NC 28801-5006, and by
telephone at: 828-271-7980. The Permittee shall reference the following permit number,
SAW-2017-02281, on all submittals.
7.0 PERMIT REVOCATION: The Permittee, upon receipt of a notice of revocation of
this permit or upon its expiration before completion of the work will, without expense to
the United States and in such time and manner as the Secretary of the Army or his
authorized representative may direct, restore the water or wetland to its pre -project
condition.
8.0 REPORTING VIOLATIONS: Violation of these permit conditions or violation of
Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act shall be
reported to the Corps in writing and by telephone at: 828-271-7980 within 24 hours of
the Permittee's discovery of the violation.
9.0 ENDANGERD SPECIES ACT: The Permittee shall implement all necessary
measures to ensure the authorized activity does not kill, injure, capture, harass, or
otherwise harm any federally -listed threatened or endangered species. While
accomplishing the authorized work, if the Permittee discovers or observes an injured or
dead threatened or endangered species, the U.S. Army Corps of Engineers, Wilmington
District Ashville Field Office, Attn: David Brown at 828-271-7980, or
david.w.brown @usace.army.miI will be immediately notified to initiate the required
Federal coordination.
RELATED LAWS
10.0 MAINTAIN FLOWS AND CIRCULATION PATTERNS OF WATERS: 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 and/or wetlands.
11.0 SEDIMANT AND EROSION CONTROL:
1) During the clearing phase of the project, heavy equipment shall not be operated in
surface waters or stream channels. Temporary stream crossings will be used to access
the opposite sides of stream channels. All temporary diversion channels and stream
crossings will be constructed of non -erodible materials. Grubbing of riparian vegetation
will not occur until immediately before construction begins on a given segment of stream
channel.
2
2) No fill or excavation impacts for the purposes of sedimentation and erosion control
shall occur within jurisdictional waters, including wetlands, unless the impacts are
included on the plan drawings and specifically authorized by this permit. This includes,
but is not limited to, sediment control fences and other barriers intended to catch
sediment losses.
3) The Permittee shall remove all sediment and erosion control measures placed in
waters and/or wetlands, and shall restore natural grades on those areas, prior to project
completion.
4) The Permittee shall use appropriate sediment and erosion control practices which
equal or exceed those outlined in the most recent version of the "North Carolina
Sediment and Erosion Control Planning and Design Manual" to ensure compliance with
the appropriate turbidity water quality standard. Erosion and sediment control practices
shall be in full compliance with all specifications governing the proper design,
installation and operation and maintenance of such Best Management Practices in
order to ensure compliance with the appropriate turbidity water quality standards. 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 shall remain in full compliance with all aspects of the Sedimentation Pollution
Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). Adequate
sedimentation and erosion control measures shall be implemented prior to any ground
disturbing activities to minimize impacts to downstream aquatic resources. These
measures shall be inspected and maintained regularly, especially following rainfall
events. All fill material shall be adequately stabilized at the earliest practicable date to
prevent sediment from entering into adjacent waters or wetlands.
12.0 CLEAN FILL: The Permittee shall use only clean fill material for this project. The
fill material shall be free of items such as trash, construction debris, metal and plastic
products, and concrete block with exposed metal reinforcement bars. Soils used for fill
shall not be contaminated with any toxic substance in concentrations governed by
Section 307 of the Clean Water Act. Unless otherwise authorized by this permit, all fill
material placed in waters or wetlands shall be generated from an upland source.
13.0 WATER CONTAMINATION: All mechanized equipment shall be regularly
inspected and maintained to prevent contamination of waters and wetlands from fuels,
lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum
products or any other hazardous waste, the Permittee shall immediately report it to the
N.C. Division of Water Quality at (919) 733-3300 or (800) 858-0368 and provisions of
the North Carolina Oil Pollution and Hazardous Substances Control Act shall be
followed.
14.0 IN -WATER WORK MORATORIUM: To avoid adverse impacts to spawning
populations of fish species at this project site, no in -water work shall be conducted
between October 15 and April 15 within streams in the project area.
15.0 AQUATIC LIFE MOVEMENT: No activity may substantially disrupt the necessary
life cycle movements of those species of aquatic life indigenous to the waterbody,
including those species that normally migrate through the area. All discharges of
dredged or fill material within waters of the United States shall be designed and
constructed to maintain low flows to sustain the movement of aquatic species.
16.0 PROHIBITIONS ON CONCRETE: The Permittee shall take measures necessary
to prevent live or fresh concrete, including bags of uncured concrete, from coming into
contact with any water in or entering into waters of the United States. Water inside
coffer dams or casings that has been in contact with concrete shall only be returned to
waters of the United States when it no longer poses a threat to aquatic organisms
(concrete is set and cured).
COMPENSATORY MITIGATION
17.0 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.
CULTURAL RESOURCES
18.0. HISTORIC PROPERTIES (MOA): The Permittee shall fully implement the
Memorandum of Agreement between the Permittee, the North Carolina State Historic
Preservation Officer and the U.S. Army Corps of Engineers, Wilmington District, dated
April 13, 2020, which is incorporated herein by reference. Copy attached.
CULVERTS
19.0 CULVERTS:
1) Unless otherwise requested in the application and depicted on the approved permit
plans, culverts greater than 48 inches in diameter shall be buried at least one foot below
the bed of the stream. Culverts 48 inches in diameter and less shall be buried or placed
on the stream bed as practicable and appropriate to maintain aquatic passage, and
every effort shall be made to maintain existing channel slope. The bottom of the culvert
shall be placed at a depth below the natural stream bottom to provide for passage
during drought or low flow conditions. Culverts shall be designed and constructed in a
manner that minimizes destabilization and head cutting.
0
2) Measures shall be included in the culvert construction/installation that will promote
the safe passage of fish and other aquatic organisms. The dimension, pattern, and
profile of the stream above and below a culvert or pipe shall not be modified by
widening the stream channel or by reducing the depth of the stream in connection with
the construction activity. The width, height, and gradient of a proposed opening shall be
such as to pass the average historical low flow and spring flow without adversely
altering flow velocity. Spring flow should be determined from gauge data, if available. In
the absence of such data, bankfull flow can be used as a comparable level.
3) The Permittee shall implement all reasonable and practicable measures to ensure
that equipment, structures, fill pads, work, and operations associated with this project do
not adversely affect upstream and/or downstream reaches. Adverse effects include, but
are not limited to, channel instability, flooding, and/or stream bank erosion. The
Permittee shall routinely monitor for these effects, cease all work when detected, take
initial corrective measures to correct actively eroding areas, and notify this office
immediately. Permanent corrective measures may require additional authorization by
the U.S. Army Corps of Engineers.
4) Culverts placed within wetlands must be installed in a manner that does not restrict
the flows and circulation patterns of waters of the United States. Culverts placed across
wetland fills purely for the purposes of equalizing surface water shall not be buried, but
the culverts must be of adequate size and/or number to ensure unrestricted
transmission of water.
20.0 NAVIGATION: This permit does not authorize the interference with any existing or
proposed Federal project, and the Permittee will not be entitled to compensation for
damage or injury to the authorized structure or work which may be caused from existing
or future operations undertaken by the United States in the public interest. No attempt
will be made by the Permittee to prevent the full and free use by the public of all
navigable waters at or adjacent to the authorized work. Use of the permitted activity
must not interfere with the public's right to free navigation on all navigable waters of the
United States.
UTILITY LINES
21.0 TEMPORARY IMPACTS RESTRATION MEASURES: Within thirty (30) days of the
date of completing the authorized work, the Permittee shall remove all temporary fills in
waters of the United States and restore the affected areas to pre -construction contours
and elevations. The affected areas shall be re -vegetated with native, non-invasive
vegetation as necessary to minimize erosion and ensure site stability. In wetland areas
where pipeline installation via trenching is authorized, wetland topsoil shall be
segregated from the underlying subsoil, and the top 6 to 12 inches of the trench shall be
backfilled with topsoil from the trench.
22.0. Cleared wetland areas shall be re -vegetated with a wetland seed mix or a mix of
native woody species. Fescue grass or any invasive species such as Lespedeza spp.,
shall not be used within the wetland areas.
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HIGH HAMPTON PROJECT DATA
TOTAL PROJECT AREA:
683.58 ACRES
JURISDICTIONAL WATER OF THE US
PERENNIAL & INTERMITTENT STREAMS 37,265 LF
WETLANDS 27,5724 AC.
OPEN WATERS 16.45 AC.
JURISDICTIONAL IMPACTS
STREAM — ROAD CULVERTS
STREAM — GOLF COURSE
SUBTOTAL
STREAM — UTILITY LINE (TEMPORARY)
STREAM BANK STABILIZATION
WETLAND — ROADS
WETLAND — GOLF COURSE
SUBTOTAL
OPEN WATERS — DEVELOPMENT
(BEACH AREA)
AVOIDANCE
STREAM
BRIDGE — ROAD
WETLANDS
OPEN WATERS
MITIGATION
PHASE
NCDMS STREAM MITIGATION
HISTORIC CUMULATIVE MITIGATION
SUBTOTAL
NCDMS WETLAND MITIGATION
PHASE II
NCDMS STREAM MITIGATION
WGLA ENGINEERING, PLLC
724 5th AVENUE
HENDERSONVILLE, NC 28739
(828) 687-7177
WGLA.COM
NC LICENSE P-1342
175 LF
506 LF
681 LF
200 LF
300 LF
0.011 AC. (479 S.F.)
0.314 AC. (13,678 S.F.)
0.325 AC. (14,157 S.F.)
0.15 AC (6,750 SF)
36,584 LF
9 EA.
27.258 AC,
16.282 AC.
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5.010
(828) 687-7177
JACKSON COUNTY
Job #: 18118
Date: 4/1/20
WGLA.COM
NORTH CAROLINA
NC LICENSE P-1342
Scale: 1"=500'
ROY COOPER
Governor
MICHAEL S.REGAN
Secretary
LINDA CULPEPPER
Director
Daniel Communities
Attn: Owen Schultz
1525 Highway 107 South
Cashiers NC 28717
NORTH CAROLINA
Environmental Quality
January 21, 2020
DWR # 20180765 v3
Jackson County
Subject: Approval of Individual 401 Water Quality Certification with Additional Conditions
High Hampton Redevelopment Project
USACE Action ID. No. SAW-2017-02281
Dear Mr. Schultz: ' * I -
Attached hereto is a copy of Certification No. WQC004212 issued to Mr. Owen Schultz and Daniel
Communities, dated January 21, 2020. Please note that you should get any other federal, state or local
permits before proceeding with the subject project, including those required by (but not limited to)
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) within sixty (60)
calendar days.
A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's
Office at (919) 431-3000 for information. A petition is considered filed when the original and one (1)
copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday
through Friday between 8:00am and 5:00pm, excluding official state holidays).
The petition may be faxed to the OAH at (919) 431-3100, 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.
Mailing address for the OAH:
North Carolina Department of Environmental Quality I Division of Water Resources
D E 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh. North Carolina 27699-1617
4r NOf "Q
r4UNA 919,707.9000
High Hampton Redevelopment Project
DWR Project #20180765 v3
Individual Certification #WQC004212
Page 2 of 9
If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
William F. Lane, General Counsel
Department of Environmental Quality
1601 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 Sue Homewood at 336-776-9693 or sue.homewood ncdenr.gov if you have
any questions or concerns.
Sincerely,
4acupt, Acting Supervisor
401 & Buffer Permitting Branch
cc: Clement Riddle, ClearWater Environmental Consultants, Inc. (via email)
David Brown, USACE Asheville Regulatory Field Office (via email)
Byron Hamstead, USFWS (via email)
Andrea Leslie, NCWRC (via email)
Todd Bowers, EPA, (via email)
DWR ARO 401 file
DWR 401 & Buffer Permitting Branch file
Filename: 20180765v3HighHampton(Jackson)_401_IC.docx
High Hampton Redevelopment Project
DWR Project #20180765 v3
Individual Certification #WQC004212
Page 3 of 9
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC004212 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 Mr. Owen Schultz and Daniel Communities, who have authorization for the impacts listed below, as
described within your application received by the N.C. Division of Water Resources (Division) on July 2,
2019 and subsequent information on August 20, 2019, September 17, 2019, October 8, 2019, October 17,
2019 and December 11, 2019, and by Public Notice issued by the U. S. Army Corps of Engineers and
received by the Division on July 19, 2019.
The State of North Carolina certifies that this activity will not violate the applicable portions of Sections
301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in accordance with the
application, the supporting documentation, and conditions hereinafter set forth.
This approval requires you to follow the conditions listed in the Certification below.
Conditions of Certification:
The following impacts are hereby approved. No other impacts are approved, including incidental
impacts. (15A NCAC 02H .0506(b) and/or (c)]
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Stream
Stream Impact #3
55 (linear feet)
0 (linear feet)
Stream Impact #4
53 (linear feet)
0 (linear feet)
Stream Impact #7
68 (linear feet)
0 (linear feet)
Stream Impact #8
30 (linear feet)
0 (linear feet)
Stream Impact #9
11(linear feet)
0 (linear feet)
Stream Impact #10
66 (linear feet)
0 (linear feet)
Stream Impact #11
55 (linear feet)
0 (linear feet)
Stream Impact #14
(After the Fact)
60 (linear feet)
0 (linear feet)
Stream Impact #17
23 (linear feet)
0 (linear feet)
Stream Impact #19
75 (linear feet)
0 (linear feet)
Stream Impact #20
74 (linear feet)
0 (linear feet)
Stream Impact 421
75 (linear feet)
0 (linear feet)
Stream Impact #22
382 (linear feet)
0 (linear feet)
Stream Impact #23
146 (linear feet)
0 (linear feet)
Stream Impact #24
36 (linear feet)
0 (linear feet)
Stream Impact #UC1
0 (linear feet)
20 (linear feet)
Stream Impact #UC2
0 (linear feet)
20 (linear feet)
Stream Impact #UC3
0 (linear feet)
20 (linear feet)
Stream Impact #UC4
0 (linear feet)
20 (linear feet)
High Hampton Redevelopment Project
DWR Project #20180765 v3
Individual Certification #WQC004212
Page 4 of 9
-----....----------- -------- .....
Stream Impact #UC5
0 (linear feet)
20 (linear feet)
Stream Impact #UC6
0 (linear feet)
20 (linear feet)
Stream Impact #UC7
0 (linear feet)
20 (linear feet)
Stream Impact #UC8
0 (linear feet)
20 (linear feet)
Stream Impact #UC9
0 (linear feet)
20 (linear feet)
Stream Impact #UC10
0 (linear feet)
20 (linear feet)
Streambank Stabilization
adjacent to Hole 2 & 4
150 (linear feet)
0 (linear feet)
Streambank Stabilization
adjacent to Bridge #3
150 (linear feet)
0 (linear feet)
404/401 Wetlands
Wetland Impact #1
0.003 (acres)
0 (acres)
Wetland Impact #2
0.008 (acres)
0 (acres)
Wetland Impact #6
0.005 (acres)
0 (acres)
Wetland Impact #7
0.001 (acres)
0 (acres)
Wetland Impact #8
_
0.044 (acres)
0 (acres)
Wetland Impact #9
(After the Fact)
0.007 (acres)
0 (acres)
Wetland Impact #11
0.065 (acres)
0 (acres)
Wetland Impact #14
(After the Fact)
0.046 (acres)
0 (acres)
Wetland Impact #15
(After the Fact)
0.011 (acres)
0 (acres)
Wetland Impact #17
0.005 (acres)
0 (acres)
Wetland Impact #18
0.006 (acres)
0 (acres)
Wetland Impact #20
0.098 (acres)
0 (acres)
Wetland Impact #21
0.039 (acres)
0 (acres)
Wetland Impact #22
0.004 (acres)
0 (acres)
Wetland Impact #23
0.001 (acres)
0 (acres)
Wetland Impact #24
0.006 (acres)
0 (acres)
Wetland Impact #25
0.014 (acres)
0 (acres)
Wetland Impact #26
0.006 (acres)
0 (acres)
Wetland Impact #27
0.002 (acres)
0 (acres)
Wetland Impact #28
0.012 (acres)
0 (acres)
Wetland Impact #29
(After the Fact)
0.008 (acres)
_
0 (acres)
Wetland Impact #30
(After the Fact)
0.004 (acres)
0 (acres)
Open Waters
0.15 (acres)
0 (acres)
High Hampton Redevelopment Project
DWR Project #20180765 v3
Individual Certification #WQC004212
Page 5of9
2, This approval is for the purpose and design described in your application and as described in the Public
Notice. The plans and specifications for this project are incorporated by reference and are an
enforceable part of the Certification, Any modifications to the project require notification to DWR and
may require an application submittal to DWR with the appropriate fee. [15A NCAC 02H .0501 and
.0502]
3. Mitigation must be provided for the proposed impacts as specified in the table below. The Division
has received an acceptance letter from the NC Division of Mitigation Services (DMS) to meet this
mitigation requirement. Until the DMS receives and clears your payment, and proof of payment has
been provided to this Office, no impacts specified in this Authorization Certificate shall occur. For
accounting purposes, this Authorization Certificate authorizes payment to the DMS to meet the
following compensatory mitigation requirement [15A NCAC 02H .0506 (b)(6)]:
Compensatory Mitigation Required River and Sub -basin Number
Stream 1,209 (feet) Savannah 030601021
4. The Permittee shall maintain compliance with DEQ State Stormwater Permit No. SW1190301 or any
modified approvals therein. [15A NCAC 02B .0506(b)(5)1
5. In order to protect downstream uses for Trout Waters a requirement of this Certification is that with
the requested exception of Stream Impacts #11 and #19, any work conducted within the stream
may not occur between the dates of October 15 through April 15. [15A NCAC 02H .0506 (b)(2) and
15A NCAC 04B .0125]
6. A minimum release flow of 0.475 cubic feet per second, in accordance with Division of Energy Mineral
and Land Resources approval letter JACKS-002 issued January 10, 2020, shall be maintained in the
receiving stream downstream of Hampton Lake at all times. To meet this requirement, a cold -water
gate valve will remain in an open position at all times. The following requirements shall apply to
irrigation withdrawals from the lake: [15A NCAC 028 .0211 (2)]
Lake water level elevation
Irrigation allowance
When water is flowing over the dam
57,000 gpd
Below 1 foot below the top of dam
28,500 gpd
Below 2 feet below the top of dam
None
7. After the Fact stream impacted #14 (culvert installation) shall be restored as proposed in the UT2
Enhancement Plan & Profile dated Revised September 26, 2019 and received by the Division on
October 8, 2019. [15A NCAC 02H .0501 and .0502] In order to protect downstream uses for Trout
Waters this restoration work may not occur between the dates of October 15 through April 15. [15A
NCAC 02H .0506 (b)(2) and 15A NCAC 04B .0125)
High Hampton Redevelopment Project
DWR Project #20180765 v3
Individual Certification #WQC004212
Page 6 of 9
8. All retained jurisdictional wetlands and waters, within the residential areas of the project shall be
preserved in open space in order to assure compliance with NC Wetland Rules (15A NCAC 021-1.0500).
[15A NCAC 02H .0501 and .0502)
9. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of the
impacts (including temporary impacts) as authorized under this Certification. [15A NCAC 02H .0501
and .0502]
10. All construction activities shall be performed and maintained in full compliance with G.S. Chapter
113A Article 4 (Sediment and Pollution Control Act of 1973).
11. Sediment and erosion control measures shall not be placed in wetlands or waters except within the
footprint of temporary or permanent impacts authorized under this Certification. [15A NCAC 02H
.0501 and .0502]
12. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along
stream banks or within wetlands. [15A NCAC 02B .0201]
13. An NPDES Construction Stormwater Permit (NCG010000) is required for construction projects that
disturb one (1) or more acres of land. The NCG010000 Permit allows stormwater to be discharged
during land disturbing construction activities as stipulated in the conditions of the permit. If the
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 is required. [15A NCAC 02H .0506(b)(5) and (c)(5)]
14. All work in or adjacent to streams shall be conducted so that the flowing stream does not come 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. [15A NCAC 02H .0506(b)(3) and (c)(3)]
15. Culverts shall be designed and installed in such a manner that the original stream profiles are not
altered and allow for aquatic life movement during low flows. The dimension, pattern, and profile of
the stream above and below a pipe or culvert shall not be modified by widening the stream channel or
by reducing the depth of the stream in connection with the construction activity. The width, height,
and gradient of a proposed culvert shall be such as to pass the average historical low flow and spring
flow without adversely altering flow velocity. [15A NCAC 02H .0506(b)(2) and (c)(2)j.
If bedrock is discovered during construction, then DWR shall be notified by phone or email within 24
hours of discovery.
Installation of culverts in wetlands shall ensure continuity of water movement and be designed to
adequately accommodate high water or flood conditions.
The establishment of native woody vegetation and other soft stream bank stabilization techniques
shall be used where practicable instead of riprap or other bank hardening methods.
High Hampton Redevelopment Project
DWR Project #20180765 v3
Individual Certification #WQC004212
Page 7 of 9
16. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas and/or
wetlands shall be conducted at agronomic rates and shall comply with all other Federal, State and
Local regulations. Fertilizer application shall be accomplished in a manner that minimizes the risk of
contact between the fertilizer and surface waters. [15A NCAC 02B .0200 and 15A NCAC 02B .0231]
17. If concrete is used during construction, then all necessary measures shall be taken 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. [15A NCAC 02B .02001
18. No temporary impacts are allowed beyond those included in this Certification. All temporary fill and
culverts shall be removed and the impacted area shall be returned to natural conditions within 60
calendar days after the temporary impact is no longer necessary. The impacted areas shall be
restored to original grade, including each stream's original cross sectional dimensions, planform
pattern, and longitudinal bed profile. All temporarily impacted sites shall be restored and stabilized
with native vegetation. [15A NCAC 02H .0506(b)(2) and (c)(2)]
19. All proposed and approved temporary pipes/culverts/riprap pads etc. in streams shall be installed as
outlined in the most recent edition of the North Carolina Sediment and Erosion Control Planning and
Design Manual or the North Carolina Surface Mining Manual or the North Carolina Department of
Transportation Best Management Practices for Construction and Maintenance Activities so as not to
restrict stream flow or cause dis-equilibrium during use of this Certification. [15A NCAC 02H
.0506(b)(2) and (c)(2))
20. Any riprap 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 riprap shall be buried and/or "keyed in" such that the original stream elevation and streambank
contours are restored and maintained. Placement of riprap or other approved materials shall not
result in de -stabilization of the stream bed or banks upstream or downstream of the area. [15A NCAC
02H .0506(b)(2)]
21. Any riprap used for stream stabilization shall be of a size and density to prevent movement by stream
flows and shall consist of clean rock or masonry material free of debris or toxic pollutants. Riprap shall
not be installed in the streambed except in specific areas required for velocity control and to ensure
structural integrity of bank stabilization measures. [15A NCAC 02H .0506(b)(2)]
22. This Certification does not relieve the applicant of the responsibility to obtain all other required
Federal, State, or Local approvals before proceeding with the project, including those required by, but
not limited to Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and Trout
Buffer regulations.
23. All mechanized equipment operated near surface waters shall be inspected and maintained regularly
to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic
materials. Construction shall be staged in order to minimize the exposure of equipment to surface
waters to the maximum extent practicable. Fueling, lubrication and general equipment maintenance
High Hampton Redevelopment Project
DWR Project #20180765 v3
Individual Certification #WQC004212
Page 8 of 9
shall not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuels and
oils. [15A NCAC 02H .0506(b)(3) and (c)(3) and 15A NCAC 026.0211 (12)]
24. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to
minimize soil disturbance. [15A NCAC 02H .0506(b)(3) and (c)(3)]
25. In accordance with 143-215.85(b), the applicant shall report any petroleum spill of 25 gallons or more;
any spill regardless of amount that causes a sheen on surface waters; any petroleum spill regardless
of amount occurring within 100 feet of surface waters; and any petroleum spill less than 25 gallons
that cannot be cleaned up within 24 hours.
26. Mr. Owen Schultz and Daniel Communities 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.
[15A NCAC 02B .0200] 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. Owen
Schultz and Daniel Communities 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 NCAC 02H .0504. Any new or revised conditions shall be provided to Mr. Owen Schultz and Daniel
Communities in writing, shall be provided to the U.S. Army Corps of Engineers for reference in any
Permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the
404 Permit for the project.
27. Upon completion of all permitted impacts included within the approval and any subsequent
modifications, the applicant shall be required to return a certificate of completion (available on the
DWR website https://edocs.deg.nc.gov/Forms/Certificate-of-Completion). [15A NCAC 02H .0502(f)]
28. If the property or project is sold or transferred, the new Permittee shall be given a copy of this
Certification (and written authorization if applicable) and is responsible for complying with all
conditions. [15A NCAC 02H .0501 and .0502]
29. This Certification neither grants nor affirms any property right, license, or privilege in any waters, or
any right of use in any waters. This Certification does not authorize any person to interfere with the
riparian rights, littoral rights, or water use rights of any other person and this Certification does not
create any prescriptive right or any right of priority regarding any usage of water. This Certification
shall not be interposed as a defense in any action respecting the determination of riparian or littoral
rights or other rights to water use. No consumptive user is deemed by virtue of this Certification to
possess any prescriptive or other right of priority with respect to any other consumptive user
regardless of the quantity of the withdrawal or the date on which the withdrawal was initiated or
expanded.
High Hampton Redevelopment Project
DWR Project #20180765 v3
Individual Certification #WQC004212
Page 9 of 9
30. This Certification grants permission to the director, an authorized representative of the Director, or
DENR staff, upon the presentation of proper credentials, to enter the property during normal business
hours. [15A NCAC 02H .0502(e)]
31. Non-compliance with or violation of the conditions herein set forth by a specific project may result in
revocation of this General Certification for the project and may also result in criminal and/or civil
penalties.
32. The permittee shall report to the Asheville Regional Office any noncompliance with this Certification,
any violation of stream or wetland standards [15A NCAC 02B .0200] including but not limited to
sediment impacts, and any violation of state regulated riparian buffer rules [15A NCAC 02B
.0200]. Information shall be provided orally within 24 hours (or the next business day if a weekend
or holiday) from the time the applicant became aware of the circumstances. A written submission
shall also be provided within 5 business days of the time the applicant becomes aware of the
circumstances. The written submission shall contain a description of the noncompliance, and its
causes; the period of noncompliance, including exact dates and times, if the noncompliance has not
been corrected, the anticipated time compliance is expected to continue; and steps taken or planned
to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Division may waive the
written submission requirement on a case -by -case basis.
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 of the expiration date of this
Certification. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506]
This the 21" day of January 2020
'0�
c Haupt, Acting Supervisor
401 & Buffer Permitting Branch
SLH
WQC004212
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Mitigation Responsibility Transfer Form
Permittee: Daniel Communities / Attn.: Owen Schultz
Project Name: High Hampton Resort Redevelopment
Action ID: SAW-2017-02281
County: Jackson
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 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 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 must verify that the mitigation requirements (credits) shown below are available at
the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of
whether or not 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 bank ledger to the Permittee, the USACE Project
Manager, and the Wilmington 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: 03060102, Savannah River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
794
0.326
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
CmmnPnsatnry Mitigation Reauirements: 8-digit HUC and Basin: 03060102, Savannah River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
1,588
0.65
Mitigation Site Debited: NCDMS
(List the name of the bank to be debited. For umbrella banks, also list the specific site.
NCDMS acceptance letter identifies a specific site, also list the specific site to be debited).
Section to be completed by the Mitigation Sponsor
For NCDMS, list NCDMS. If the
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 USACE, 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 Representati
Signature of Sponsor's Authorized Representative Date of Signature
Page 1 of 2 Form Updated 12 September, 2014
USACE Wilmington District
Compensatory Mitigation Responsibility Transfer Form, Page 2
Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the USACE 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 USACE 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. 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 the Sponsor must be provided to the USACE within 30 days of
permit issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming
that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
6 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 USACE Project Manager (address below) is provided with a signed copy of this form.
b If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the USACE, the Sponsor must obtain case -by -case approval from the USACE 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 USACE administrative records for both
the permit and the Bank/ILF Instrument.
Comments/Additional Conditions:
NOTES:
1) Stream and wetland credits are to be in the Savannah River Basin 03060101 or 03060102. If no or a limited number
of credits are available in the Savannah River Basin, then stream credits can be from the Little Tennessee 06010203
and wetland credits can be from the Little Tennessee 06010203 or 06010202.
2) Purchase of credits will be as follows:
• Upon issuance of the permit the permittee will purchase 1,238 stream credits and 0.65 wetland credits.
• The permittee will purchase the remaining 350 credits prior to any stream impacts associated with the
residential development stream crossings (impact numbers 7, 8, 9, and 10). However, these credits are to
be purchased no later than December 31, 2025.
This form is not valid unless signed below by the USACE 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
USACE Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell, 3331
Heritage Trade Drive, Suite 105, Wake Forest, NC 27587 (email: todd. tug well@ usace. army. mil). Questions regarding this
form or any of the permit conditions may be directed to the USACE Project Manager below.
USACE Project Manager: David Brown
USACE Field Office: Asheville Regulatory Field Office
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Email: david.w.brown@usace.army.miI
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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 our website at http://regulatory.usacesurvey.com/ to complete the survey online.
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
r I -
David Brown
USACE Project Manager Signature
April 14, 2020
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.mi1.
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Form Updated 12 September, 2014