20180612 Ver 2_USACE Permit_20200911

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
151 PATTON AVENUE
ROOM 208
ASHEVILLE, NORTH CAROLINA 28801-5006
September 11, 2020
Regulatory Division
Action ID- SAW-2015-00263
Mr. Joe Walker
Associate Vice Chancellor
Facilities Management
Western Carolina University
3476 Old Cullowhee Road
Cullowhee, North Carolina 28723
Dear Mr. Walker:
Reference the Department of the Army (DA) permit issued on January 9, 2019, for
the Western Carolina University 2014 Master Plan Improvement Projects (Central Drive
parking lot and intramural fields improvements) in Cullowhee, Jackson County, North
Carolina. A written request for permit modifications was received on January 7, 2020.
This permit modification requested authorization for an additional 0.35 acres of
permanent impacts to wetlands associated with further improvements to the Norton
athletic/intramural fields facilities.
The Navigable Water Protection Rule (NWPR) definition of waters of U.S. (WoUS)
went into effect on June 22, 2020. Under this rule several aquatic resources previously
determined to be WoUS at the project site are not WoUS under the NWPR. Due to the
changes in jurisdiction, the DA has revised the permit modification request for 0.14
acres of permanent impacts to wetlands associated with further improvements to the
fields.
I have determined that the proposed project modifications described above are not
contrary to the public interest and are consistent with the 404(b)(1) Guidelines and
therefore, the DA permit is hereby modified. The additional authorized work shall be
completed in accordance with the attached drawings. All other conditions of the original
permit remain applicable and the expiration date is unchanged. The permit
modifications are as follows:
• Placement of an additional 0.14 acres of fill into wetlands, resulting in permanent
impacts to WoUS of the U.S. associated with further improvements to the Norton
athletic / intramural fields facilities.

-2-
In order to compensate for the additional impacts associated with this permit
modification, mitigation shall be provided in accordance with the provisions
outlined in the attached 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 the issued permit authorization.
This approved modification should be attached to the original permit and will be
utilized for future compliance reviews of the project. If you have questions, please
contact David Brown at the Asheville Regulatory Field Office, telephone [phone]
extension 4232.
FOR THE COMMANDER
/ :54�_
Digitally signed by
JON ES.M ICHAEL.SCOTT.1258314073
Date: 2020.09.11 13:49:24-04'00'
Scott Jones, PWS
Chief
Asheville/Charlotte Regulatory Field Offices
Enclosures
cc (with enclosures):
NOAA/National Ocean Service
1315 East -west Hwy., Rm 7316
Silver Spring, Maryland 20910-3282
Mr. Byron Hamstead
U.S. Fish and Wildlife Service
160 Zillicoa Street
Asheville, North Carolina 28801
National Marine Fisheries Service
Habitat Conservation Division
101 Pivers Island Road
Beaufort, North Carolina 28516
Mr. Todd Bowers
Wetlands Protection Section — Region IV
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303

-3-
Division of Coastal Management
N.C. Department of Environmental Quality
400 Commerce Avenue
Morehead City, North Carolina 28557
National Marine Fisheries Service
219 Fort Johnson Road
Charleston, South Carolina 29412-9110
Mr. Clement Riddle
ClearWater Environmental Consultants, Inc.
32 Clayton Street
Asheville, North Carolina 28801
cc (via email):
NC DENR - Division of Water Resources
NC WRC

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Mitigation Responsibility Transfer Form
Permittee: Western Carolina University / Mr. Joe Walker Action ID: SAW-2015-00263 - Modification 01
Project Name: WCU 2014 Master Plan Improvement Projects 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: 06010203, Little Tennessee River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian Riverine
FRiparian Non-Riverine
Non -Riparian
Coastal
0.14
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements: 8-digit HUC and Basin: 06010203, Little Tennessee River Basin*
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
0.14
(*see comment below)
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 Representative:
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.
• 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.
• 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:
The Corps will accept compensatory mitigation requirement credits from HUCs 06010202, 06010203, and/or 06010204
within the Little Tennessee Basin. These mitigation requirements are associated with additional impacts authorized by the
permit modification 01, September 2020.
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. tugwell@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: [e-mail]
USACE Project Manager Signature
September 11, 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.mil.
Page 2 of 2
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.usacesuryeV.com/ to complete the survey online.

WCU Master Plan Improvements - Pernit Modification 01
Proposed Wetland Impact
W1 (0.07 AC)
Proposed Wetland Impact
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Impacts Authorized Jan 9, 2019
SAW-201500263; DWR# 20180612
Legend
Project Area
Wetland Impacts
Permitted Wetland Impacts (0.383 AC)
Proposed Wetland Impacts (0.14 AC)
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NCBELS# C-2784

DocuSign Envelope ID: CD775D83-CEF7-4D74-8F10-91237F402993
ROY COOPER
Governor
MICHAEL S. REGAN
Secretory
S. DANIEL SMITH
Director
Western Carolina University
Attn: Joe Walker, P.E.
3476 Old Cullowhee Rd
Cullowhee NC 28723
NORTH CAROLINA
Environmental Quality
June 17, 2020
DWR # 20180612 v2
Jackson County
Subject: Approval of Individual 401 Water Quality Certification with Additional Conditions
Western Carolina University Master Plan Improvements
USACE Action ID. No. SAW-2015-00263
Dear Mr. Walker:
Attached hereto is a copy of Certification No. WQC004170 issued to Mr. Joe Walker and Western
Carolina University, dated June 17, 2020. This Certification replaces the Certification issued on
September 21, 2018. 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 [phone] 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 [phone], provided the original and one copy of the
petition along with any applicable OAH filing fee is received by the OAH within five (5) business days
following the faxed transmission.
EQ�J
�, -North Carolina Department of Environmental Quality I Division of water Resources
�512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
�pH •�c.N•:r..�.ir�a
oaNert�em m E�r.anmemai U.h /"'� 919.707.9000

DocuSign Envelope ID: CD775D83-CEF7-4D74-8F10-91237F402993
Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Western Carolina University
DWR Project #20180612 v2
Individual Certification # WQC004170
Page 2of9
If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to 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 [e-mail] if you have
any questions or concerns.
Sincerely,
DocuSignn�e/d by:
�aiw� W020
949D91BA53EF4E0...
Paul Wojoski, Supervisor
401 & Buffer Permitting Branch
cc: Clement Riddle, ClearWater Environmental Consultants Inc (via email)
David Brown, USACE Asheville Regulatory Field Office (via email)
Andrea Leslie, NCWRC (via email)
Byron Hamstead, FWS (via email)
Todd Bowers, EPA, (via email)
DWR ARO 401 file
DWR 401 & Buffer Permitting Branch file
Filename: 20180612v2WCUMasterPlan(Jackson)_401_IC.docx

DocuSign Envelope ID: CD775D83-CEF7-4D74-8F10-91237F402993
Western Carolina University
DWR Project #20180612 v2
Individual Certification # WQC004170
Page 3 of 9
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION # WQC004170 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. Joe Walker and Western Carolina University, who have authorization for the impacts listed below,
as described within your modification application received by the N.C. Division of Water Resources
(Division) on January 10, 2020 and subsequent information on March 17, 2020, April 24, 2020, and May 6,
2020, and by Public Notice issued by the U. S. Army Corps of Engineers and received by the Division on
February 5, 2020. This modification is being issued to incorporate additional impacts to wetlands and open
waters from additional improvements to the Intramural Fields and for a parking area to serve the
Intramural Fields.
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 provided that all of the other specific and general
conditions of the Certification are met. 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
Central Drive Lot
500 (linear feet)
0 (linear feet)
404/401 Wetlands
Central Drive Lot
0.293 (acres)
0 (acres)
Intramural Fields
0.44 (acres)
0 (acres)
Open Waters
Intramural Fields
0.47 (acres)
0 (acres)
2. 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 & Sub -basin Number
Little Tennessee
Stream
500 (linear feet)
LTN02

DocuSign Envelope ID: CD775D83-CEF7-4D74-8F10-91237F402993
Western Carolina University
DWR Project #20180612 v2
Individual Certification # WQC004170
Page 4 of 9
3. The Division approves the Stormwater Management Plan (SMP) for the Central Drive Lot consisting
of a proprietary system, Contech Storm Filters and all associated stormwater conveyances, inlet and
outlet structures, and the grading and drainage patterns depicted on plan sheets dated June 27,
2018, which are incorporated by reference and are enforceable by the Division. The following
conditions also apply [15A NCAC 02H .0506(b)(5)]:
a. The maximum allowable drainage area for the approved Contech StormFilters shall be 182,737
square feet and the maximum allowable built -upon area within that drainage area shall be
149,076 square feet. Any changes to these allowable maximum areas shall require the
applicant to submit and receive approval from the Division prior to any construction or
modification of the current site.
b. The footprint of all stormwater management device(s) as well as an additional 10-foot wide
area on all sides of the device(s) shall be located in either public rights -of -way, dedicated
common areas or recorded easement areas. The final plats for the project showing such
rights -of -way, common areas and easement areas, shall be in accordance with the approved
plans.
c. The approved SMP shall be constructed and operational before any permanent building or
other structure is occupied at the site.
d. The SMP may not be modified without prior written authorization from the Division.
e. Maintenance activities for stormwater management device(s) shall be performed in accordance
with the notarized O&M agreements signed by Joe Walker on August 30, 2018. The O&M
agreement shall transfer with the sale of the land or transfer of ownership/responsibility for
the approved diffuse flow plan. The Division shall be notified promptly of every transfer.
f. The applicant and/or authorized agent shall provide a completed Certificate of Completion
form to the Division within thirty (30) days of project completion (available at
https://edocs.deg.nc.gov/Forms/Certificate-of-Completion).
4. The Division approves the Stormwater Management Plan (SMP) for the Intramural Fields Parking
Area consisting of a bioretention cell and all associated stormwater conveyances, inlet and outlet
structures, and the grading and drainage patterns depicted on plan sheets dated March 9, 2020,
which are incorporated by reference and are enforceable by the Division.. The following conditions
also apply [15A NCAC 02H .0506(b)(5)]:
a. The maximum allowable drainage area for the approved bioretention cell shall be 88,863
square feet and the maximum allowable built -upon area within that drainage area shall be
51,837 square feet. Any changes to these allowable maximum areas shall require the applicant
to submit and receive approval from the Division prior to any construction or modification of
the current site.
b. All drainage discharge outfalls into buffer area(s) shall do so at a non -erosive velocity to
prevent channelized flow within the buffers.
c. The footprint of all stormwater management device(s) as well as an additional 10-foot wide
area on all sides of the device(s) shall be located in either public rights -of -way, dedicated

DocuSign Envelope ID: CD775D83-CEF7-4D74-8F10-91237F402993
Western Carolina University
DWR Project #20180612 v2
Individual Certification # WQC004170
Page 5 of 9
common areas or recorded easement areas. The final plats for the project showing such rights -
of -way, common areas and easement areas, shall be in accordance with the approved plans.
The approved SMP shall be constructed and operational before any permanent building or
other structure is occupied at the site.
The SMP may not be modified without prior written authorization from the Division.
Maintenance activities for stormwater management device(s) shall be performed in accordance
with the notarized O&M agreements signed by Curtis Monteith (of WCU) on April 8, 2020. The
O&M agreement shall transfer with the sale of the land or transfer of ownership/responsibility
for the approved SMP. The Division shall be notified promptly of every transfer
Upon completion of construction and prior to operation of the approved stormwater control
device(s), a certification from an appropriate designer for the device certifying that it has been
installed in accordance with the approved plans, specifications, and other supporting
documentation, shall be submitted to the Division (C/O Chonticha McDaniel; 1617 Mail Service
Center, Raleigh, NC 27699-1617).
5. To protect rare and listed species in the Tuckasegee River, the erosion control plan shall be designed
in accordance with 15A NCAC 4B .0124, Design Standards in Sensitive watersheds. In addition,
disturbed areas should be seeded, mulched, and/or matted as soon as possible, preferably at the
end of each work day; at a minimum, disturbed areas should be stabilized within five working days
or seven calendar days, whichever is shorter. [15A NCAC 02H .0506(b)(2) and 15A NCAC 04B .0125]
6. 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]
7. 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]
8. 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).
9. 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]
10. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along
streambanks or within wetlands. [15A NCAC 02B .0201]

DocuSign Envelope ID: CD775D83-CEF7-4D74-8F10-91237F402993
Western Carolina University
DWR Project #20180612 v2
Individual Certification # WQC004170
Page 6of9
11. 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)]
12. 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)]
13. 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)].
Placement of culverts and other structures in streams shall be below the elevation of the streambed
by one foot for all culverts with a diameter greater than 48 inches, and 20% of the culvert diameter
for culverts having a diameter less than or equal to 48 inches, to allow low flow passage of water and
aquatic life.
If bedrock is discovered during construction, then DWR shall be notified by phone or email within 24
hours of discovery.
14. 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]
15. 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 .0200]
16. 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)]

DocuSign Envelope ID: CD775D83-CEF7-4D74-8F10-91237F402993
Western Carolina University
DWR Project #20180612 v2
Individual Certification # WQC004170
Page 7 of 9
17. 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)]
18. 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)]
19. 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.
20. 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
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 02B .0211 (12)]
21. 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)]
22. In accordance with 143-215.85(b), the Permittee shall report to the Asheville Regional Office at 828-
296-4500 (after hours and on weekends call 800-858-0368) 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.

DocuSign Envelope ID: CD775D83-CEF7-4D74-8F10-91237F402993
Western Carolina University
DWR Project #20180612 v2
Individual Certification # WQC004170
Page 8 of 9
23. Mr. Joe Walker and Western Carolina University 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. Joe Walker and Western Carolina University 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. Joe
Walker and Western Carolina University 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.
24. 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)]
25. 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]
26. 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.
27. This Certification grants permission to the director, an authorized representative of the Director, or
DEQ staff, upon the presentation of proper credentials, to enter the property during normal business
hours. [15A NCAC 02H .0502(e)]
28. 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.

DocuSign Envelope ID: CD775D83-CEF7-4D74-8F10-91237F402993
Western Carolina University
DWR Project #20180612 v2
Individual Certification # WQC004170
Page 9of9
29. The permittee shall report to the Asheville Regional Office at 828-296-4500 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 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 17t" day of June 2020
DocuS®ign�e/d by:
�G+�wG N/O20
949D91 BA53EF4E0...
Paul Wojoski, Supervisor
401 & Buffer Permitting Branch
SLH
WQC004170