FINAL U-5798 SAW2020-00079 fully executed 404 Permit

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
January 26, 2022
Regulatory Division
Action ID. SAW-2020-00079
Mr. Phillip S. Harris, 111, P.E
North Carolina Department of Transportation
Environmental Analysis Unit
1598 Mail Service Center
Raleigh, North Carolina 27699
Dear Mr. Harris,
In accordance with the written request of July 29, 2021, and the ensuing
administrative record, enclosed is a permit to discharge dredged or fill material into
waters of the U.S. in association with construction activities related to the road widening
and bridge replacement project located along Gillis Hill Road, in Cumberland and Hoke
Counties, near Fayetteville, North Carolina. STIP: U-5798.
Any deviation in the authorized work will likely require modification of this permit. If
any 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 general conditions require that:
a.You must complete construction before December 31, 2027.
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.
You should address all questions regarding this authorization to Ms. Liz Hair at the
Wilmington Regulatory Field Office, telephone [phone].
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DEPARTMENT OF THE ARMY PERMIT
Permittee:North Carolina Department of Transportation
ATTN: Mr. Philip S. Harris III, P.E., C.P.M.
Permit No.: SAW-2020-00079, STIP U-5798
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.

Project Description: The North Carolina Department of Transportation (NCDOT) proposes to widen 1.8 miles
of SR 1102 (Gillis Hill Road) from US 401 (Raeford Road) to SR 1418 (Lindsay Road) and replace the
structurally deficient bridge over Little Rockfish Creek.

Proposed total impacts associated with the overall U-5798 project include permanent impacts to 1,047 linear
feet of streams and 1.47 acres of wetlands, temporary impacts to 26 linear feet of streams and 0.31 acre of hand
clearing to wetlands.

Project Location: The proposed project is located along existing SR 1102 (Gillis Hill Road), from US
Highway 401 (Raeford Road) to SR 1418 (Lindsay Road), in Fayetteville, in Cumberland and Hoke Counties,
North Carolina.

THIS IS A PHASED PERMIT AUTHORIZATION: This permit only authorizes work on Section U-5798A
(Phase 1 for permitting) of the STIP U-5798 project. Construction on the remaining section of STIP U-5798
(i.e., U-5798B) shall not commence until final design has been completed for that section; the permittee has
minimized impacts to waters and wetlands to the maximum extent practicable, and; any modifications to the
plans, and the compensatory mitigation plans, have been approved by the US Army Corps of Engineers (the
Corps).

General Conditions:

1. The time limit for completing the work authorized ends on December 31, 2027. If you find that you need more
time to complete the authorized activity, submit your request for a time extension to this office for consideration at
least one month before the above date is reached.
2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and
conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although
you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish
to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must
obtain a modification of this permit from this office, which may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while accomplishing the activity
authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal

ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE. (33 CFR 325 (Appendix A))
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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 any time deemed necessary
to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit,
Special Conditions:
SEE ATTACHED SPECIAL CONDITIONS
Further Information:

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.

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.

ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE. (33 CFR 325 (Appendix A))
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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)Mr. Philip Harris (DATE)
This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has
signed below.
FOR THE DISTRICT COMMANDER
__________________________________________ ______________________
(DISTRICT ENGINEER)Benjamin A. Bennett, Colonel, U.S. Army (DATE)
District Commander
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)
*U.S. GOVERNMENT PRINTING OFFICE: 1986 - 717-425
January 26, 2022
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: North Carolina Department of
Transportation
File Number: Saw-2008-01509 Date: March 26, 2022
Attached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A
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://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx 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 II 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 division 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 and/or the
appeal process you may contact:
District Engineer, Wilmington Regulatory Division,
Attn: Ms. Liz Hair
Wilmington Regulatory Field Office
69 Darlington Avenue
Wilmington, NC 28403
If you only have questions regarding the appeal process you may
also contact:
Mr. Philip Shannin, Administrative Appeal Review Officer
CESAD-PDO
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 10M15
Atlanta, Georgia 30303-8801
Phone: [phone]
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.
________________________________________
Signature of appellant or agent.
Date:Telephone number:
For appeals on Initial Proffered Permits send this form to:

District Engineer, Wilmington Regulatory Division, Attn: Ms. Liz Hair, 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: [phone]
SPECIAL CONDITIONS
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U-5798

WORK LIMITS / NOTIFICATION
1.Work Limits: All work authorized by this permit shall be performed in strict compliance with
the attached permit plans entitled Wetland and Surface Water Impacts-U-5798 and the
Wetland and Surface Water Impacts Summary Tables dated July 12, 2021. The Permittees
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.
a. This permit only authorizes work on Section A TIP: U-5798. Construction on Section B
of TIP: U-5798 shall not commence until all the following occur: (a) final design has
been completed for those sections and submitted to the U.S. Army Corps of
Engineers (Corps); (b) the Permittee has minimized impacts to waters and wetlands
to the maximum extent practicable and the Corps concurs with this assessment; (c)
any modification to the plans have been approved by the Corps in writing; and (d) a
final compensatory mitigation plan has been submitted by the Permittee and approved
by the Corps.
2.Unauthorized Dredge and/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, or shall any activities take place that cause the degradation of waters or
wetlands. There shall be no excavation from, waste disposal into, or degradation of,
jurisdictional wetlands or waters associated with this permit without appropriate modification
of this permit, including appropriate compensatory mitigation. This prohibition applies to all
borrow and waste activities connected with this project. In addition, 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, into, or out of waters or
wetlands or to reduce the reach of waters or wetlands.
3. Permit Distribution: The Permittees 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.
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4.Preconstruction Meeting: The Permittee shall schedule and attend a preconstruction
meeting between its representatives, the contractor’s representatives, and the Corps,
Wilmington Field Office, NCDOT Regulatory Project Manager, prior to any work within
jurisdictional waters and wetlands to ensure that there is a mutual understanding of all the
terms and conditions contained with this Department of Army Permit. The Permittee shall
provide the Corps, Wilmington Field Office, NCDOT Project Manager, with a copy of the final
permit plans at least two weeks prior to the preconstruction meeting along with a description
of any changes that have been made to the project’s design, construction methodology or
construction timeframe. The Permittee shall schedule the preconstruction meeting for a time
frame when the Corps and North Carolina Division of Water Resources (NCDWR) Project
Managers can attend. The Permittee shall invite the Corps and NCDWR 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.Notification of Construction Commencement and Completion:The Permittees shall
notify the Corps in writing prior to beginning the work authorized by this permit and again
upon completion of the work authorized by this permit.

6.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 Wilmington Field Office, Attn: Liz Hair at 910-251-4049 /
[e-mail]. The Permittees shall reference the following permit number,
SAW-2008-01509, on all submittals.
7.Permit Revocation: The Permittees, 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. Reporting Violations: Violation of these permit conditions or violation of Section 404 of the
Clean Water Act shall be reported to the Corps in writing and by telephone at: 910-251-4049
/ [e-mail] within 24 hours of the Permittee’s discovery of the violation.
9.Endangered Species Act: The Permittees 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 Permittees discover or observe an injured or dead threatened or endangered
species, the U.S. Army Corps of Engineers, Wilmington District Wilmington Field Office, Attn:
Liz Hair at 910-251-4049/ [e-mail] will be immediately notified to initiate
the required Federal coordination.
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10. The U.S. Fish and Wildlife Service’s (USFWS’s) Programmatic Biological Opinion (PBO)
titled, “NCDOT Program Effects on the Northern Long-eared Bat in Divisions 1-8”, dated
November 6, 2020, contains agreed upon conservation measures for the NLEB. As noted in
the PBO, applicability of these conservation measures varies depending on the location of
the project. Your authorization under this Department of the Army permit is conditional upon
your compliance with all applicable agreed upon conservation measures in the PBO, which
are incorporated by reference in this permit. Failure to comply with the applicable these
conservation measures would constitute non-compliance with your Department of the Army
permit. The USFWS is the appropriate authority to determine compliance with the terms and
conditions of its PBO, and with the ESA.
11.National Historic Preservation Act:While accomplishing the authorized work, if the
Permittees discover any previously unknown cultural resources, the District Engineer will be
immediately notified so that required coordination can be initiated with the North Carolina
Division of Natural and Cultural Resources.

a. NCDOT shall abide by all stipulations identified in the Memorandum of Agreement
between the U.S. Army Corps of Engineers and the North Carolina State Historic
Preservation Officer, executed on March 30, 2020, copy attached and identified as
Exhibit A.

12. Culverts:

a. 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.

b. Measures shall be included in the 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 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 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.
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c. 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 Corps.

d. 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.
13.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.
14.Sediment and Erosion Control:
a. 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.
b. 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.

c. The Permittees 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.
d. The Permittees shall use appropriate sediment and erosion control practices which
equal or exceed those outlined in the most recent version of the “North Carolina
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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 adjacent
waters or wetlands.

15. Clean Fill: The Permittees 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.

16.Temporary Fills: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.
17. Borrow and Waste: To ensure that all borrow and waste activities occur on high ground
and do not result in the degradation of adjacent waters and wetlands, except as authorized
by this permit, the Permittee shall require its contractors and/or agents to identify all areas to
be used as borrow and/or waste sites associated with this project. The Permittee shall
provide the Corps with appropriate maps indicating the locations of proposed borrow and/or
waste sites as soon as such information is available. The Permittee shall submit to the
Corps site-specific information needed to ensure that borrow and/or waste sites comply with
all applicable Federal requirements, to include compliance with the Endangered Species Act
and the National Historic Preservation Act, such as surveys or correspondence with
agencies (e.g., the USFWS, the NC-HPO, etc.). The required information shall also include
the location of all aquatic features, if any, out to a distance of 400 feet beyond the nearest
boundary of the site. The Permittee shall not approve any borrow and/or waste sites before
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receiving written confirmation from the Corps that the proposed site meets all Federal
requirements, whether or not waters of the U.S., including wetlands, are located in the
proposed borrow and/or waste site. All delineations of aquatic sites on borrow and/or waste
sites shall be verified by the Corps and shown on the approved reclamation plans. The
Permittee shall ensure that all borrow and/or waste sites comply with Special Condition 2 of
this permit. Additionally, the Permittee shall produce and maintain documentation of all
borrow and waste sites associated with this project. This documentation will include data
regarding soils, vegetation, hydrology, any delineation(s) of aquatic sites, and any
jurisdictional determinations made by the Corps to clearly demonstrate compliance with
Special Condition 2. All information will be available to the Corps upon request. The
Permittee shall require its contractors to complete and execute reclamation plans for each
borrow and/or waste site and provide written documentation that the reclamation plans have
been implemented and all work is completed. This documentation will be provided to the
Corps within 30 days of the completion of the reclamation work.
18.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 Permittees shall immediately report it to the N.C. Division of Water
Resources at [phone] or [phone] and provisions of the North Carolina Oil
Pollution and Hazardous Substances Control Act shall be followed.

AQUATIC LIFE
19.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, except as authorized
as indirect impacts, to maintain low flows to sustain the movement of aquatic species.
20.Prohibitions on Concrete:The Permittees 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 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
21. 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,
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including any special conditions listed on the form, are hereby incorporated as special
conditions of this permit.

September 22, 2021
Mr. Philip S. Harris, III, P.E., CPM
Natural Environment Section Head
Project Development and Environmental Analysis
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh, North Carolina, 27699-1598

Subject: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with
ADDITIONAL CONDITIONS for the proposed widening of SR 1102 (Gillis Hill Road) from US 401
(Raeford Road) to SR 1418 (Lindsay Road), Cumberland and Hoke Counties, TIP U-5798A and U-
5798B.
NCDWR Project No. 20210307

Dear Mr. Harris:

Attached hereto is a copy of Certification No. WQC004465 issued to The North Carolina Department of
Transportation (NCDOT) dated September 22, 2021.

If we can be of further assistance, do not hesitate to contact us.

Sincerely,

S. Daniel Smith, Director
Division of Water Resources

Attachments

Electronic copy only distribution:
Liz Hair, US Army Corps of Engineers, Wilmington Regulatory Field Office
Jim Rerko, Division 6 Environmental Officer
Chris Rivenbark, NC Department of Transportation
Beth Harmon, Division of Mitigation Services
Hannah Sprinkle, NC Division of Water Resources Wilmington Regional Office
File Copy

401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with ADDITIONAL
CONDITIONS

THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and
95-217 of the United States and subject to the North Carolina Division of Water Resources (NCDWR) Regulations
in 15 NCAC 2H .0500. This certification authorizes the NCDOT to impact 2.54 acres of jurisdictional wetlands,
and 1,073 linear feet of jurisdictional streams in Cumberland and Hoke County. The project shall be constructed
pursuant to the application dated received July 29, 2021. The authorized impacts are as described below:

Stream Impacts in the Cape Fear River Basin

Site
Type Permanent
(linear feet)
Temporary
(linear feer)
Total Stream
Impacts (linear ft)
Stream impacts
requiring
mitigation
(linear ft)
Section A Impacts
1 P 232 26 258 n/a
Section A
Total:

232 26 258 n/a
Section B Impacts
1
P 660 ---- 660 660
4
P 155 ---- 155 n/a
Section B
Total:
815 ---- 815 660
Total Project Impacts
Project
Total:

1047

26

1073

660
Total Stream Impact for Project: 1073 linear feet
n/a = < 300 lf of impact, no mitigation required

Wetland Impacts in the Cape Fear River Basin
Site

Fill
(ac)
Fill
(temporary)
(ac)
Excavation
(ac)
Mechanized
Clearing
(ac)
Hand
Clearing
(ac)
Permanent
Wetland
Impact (ac)
Total
Wetland
Impact (ac)
Impacts Section A
1 0.41 ---- <0.01 0.05 0.30 0.46 0.76
2 0.09 ---- ---- 0.04 0.01 0.13 0.14
Total 0.50 ---- <0.01 0.09 0.31 0.59 0.90
Utilities
1
<0.01 ---- ---- ---- 0.10 <0.01 0.11
2 0.03 ---- ---- <0.01 0.03 0.03 0.06
Total 0.04 ---- ---- <0.01 0.13 0.04 0.17
Section A
Total:
0.54 ---- <0.01 0.09 0.44 0.63 1.07
Impacts Section B
1 ---- ---- ---- ---- ---- ---- ----
2 0.63 ---- 0.06 ---- ---- 0.69 0.69
3 0.15 ---- ---- ---- ---- 0.15 0.15
4 ---- ---- ---- ---- ---- ---- ----
Section B
Total:
0.78 ---- 0.06 ---- ---- 0.84 0.84
Total Project Impacts
Project
Total:
1.32 ---- 0.06 0.09 0.44 1.47 2.54
Total Wetland Impact for Project: 2.54 acres; 1.47 acres requiring mitigation.

The application provides adequate assurance that the discharge of fill material into the waters of the Cape Fear
River Basin in conjunction with the proposed development will not result in a violation of applicable Water Quality
Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate
the applicable portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance
with the application and conditions hereinafter set forth.

This approval is only valid for the purpose and design that you submitted in your application dated received July 29,
2021. Should your project change, you are required to notify the NCDWR and submit a new application. If the
property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby
responsible for complying with all the conditions. If any additional wetland impacts, or stream impacts, for this

project (now or in the future) exceed one acre or 150 linear feet, respectively, additional compensatory mitigation
may be required as described in 15A NCAC 2H .0506 (h) (6) and (7).

For this approval to remain valid, you are required to comply with all the conditions listed below. In addition, you
should obtain all other federal, state or local permits before proceeding with your project including (but not limited
to) Sediment and Erosion control, Coastal Stormwater, Non-discharge and Water Supply watershed regulations.
This Certification shall expire on the same day as the expiration date of the corresponding Corps of Engineers
Permit.

Condition(s) of Certification:
Project Specific Conditions

1. The NCDOT Division Environmental Officer or Environmental Assistant will conduct a pre-construction
meeting with all appropriate staff to ensure that the project supervisor and essential staff understand the
potential issues with stream and pipe alignment at the permitted site. NCDWR staff shall be invited to the
pre-construction meeting. [15A NCAC 02H.0506(b)(2) and (b)(3)]

2. Compensatory mitigation for 660 linear feet of impact to streams is required. We understand that you
have chosen to perform compensatory mitigation for impacts to streams through the North Carolina
Division of Mitigation Service (DMS) (formerly NCEEP), and that the DMS has agreed to implement the
mitigation for the project. The DMS has indicated in letters dated July 28, 2021 and July 29, 2021 that they
will assume responsibility for satisfying the federal Clean Water Act compensatory mitigation requirements
for the above-referenced project, in accordance with the DMS Mitigation Banking Instrument signed July
28, 2010.

3. Compensatory mitigation for impacts to 1.47 acres wetlands is required. We understand that you have
chosen to perform compensatory mitigation for impacts to wetlands through the North Carolina Division of
Mitigation Services (DMS) (formerly NCEEP), and that the DMS has agreed to implement the mitigation
for the project. DMS has indicated in letter dated July 28, 2021 and July 29, 2021 that they will assume
responsibility for satisfying the federal Clean Water Act compensatory mitigation requirements for the
above-referenced project, in accordance with DMS’s Mitigation Banking Instrument signed July 28, 2010.

4. When final design plans are completed for U-5798 Section B, a modification to the 401 Water Quality
Certification shall be submitted along with appropriate fees to the NC Division of Water Resources. Final
designs shall reflect all appropriate avoidance, minimization, and mitigation for impacts to wetlands,
streams, and other surface waters, and buffers. No construction activities that impact any wetlands,
streams, surface waters, or buffers located in U-5798 Section B shall begin until after the permittee applies
for, and receives a written modification of the 401 Water Quality Certification from the NC Division of
Water Resources.

5. Channel relocations shall be completed and stabilized, and approved on site by NCDWR staff, prior to
diverting water into the new channel. Stream banks shall be matted with coir-fiber matting. Vegetation
used for bank stabilization shall be limited to native riparian vegetation, and should include establishment
of a vegetated buffer on both sides of the relocated channel to the maximum extent practical. Also, rip-rap
may be allowed if it is necessary to maintain the physical integrity of the stream, but the applicant must
provide written justification and any calculations used to determine the extent of rip-rap coverage
requested. Once the stream has been turned into the new channel, it may be necessary to relocate stranded
fish to the new channel to prevent fish kills. [15A NCAC 02H .0506(b)(3)]

General Conditions

6. The issuance of this certification does not exempt the Permittee from complying with any and all statutes, rules,
regulations, or ordinances that may be imposed by other government agencies (i.e. local, state, and federal)
having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil
erosion and sedimentation control requirements, etc.

7. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)]

8. The Permittee shall report any violations of this certification to the Division of Water Resources within 24
hours of discovery. [15A NCAC 02B.0506(b)(2)]

9. The outside buffer, wetland or water boundary located within the construction corridor approved by this
authorization, including all non-commercial borrow and waste sites associated with the project, shall be clearly
marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are
prohibited unless otherwise authorized by this certification. [15A NCAC 02H.0501 and .0502]

10. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification. [15A NCAC 02H.0506(b)(2)]

11. NCDOT shall be in compliance with the NCS000250 issued to the NCDOT, including the applicable
requirements of the NCG010000. Please note the extra protections for the sensitive watersheds.

12. As a condition of this 401 Water Quality Certification, the bridge demolition and construction must be
accomplished in strict compliance with the most recent version of NCDOT’s Best Management Practices
for Construction and Maintenance Activities. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H
.0506(b)(5)]

13. Bridge piles and bents shall be constructed using driven piles (hammer or vibratory) or drilled shaft
construction methods. More specifically, jetting or other methods of pile driving are prohibited without
prior written approval from the NCDWR first. [15A NCAC 02H.0506(b)(2)]

14. All bridge construction shall be performed from the existing bridge, temporary work bridges, temporary
causeways, or floating or sunken barges. If work conditions require barges, they shall be floated into
position and then sunk. The barges shall not be sunk and then dragged into position. Under no
circumstances should barges be dragged along the bottom of the surface water. [15A NCAC 02H
.0506(b)(3)]

15. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that
precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized
and installed. [15A NCAC 02H.0506(b)(2)]

16. A turbidity curtain will be installed in the stream if driving or drilling activities occur within the stream
channel, on the stream bank, or within 5 feet of the top of bank, or during the removal of bents from an old
bridge. This condition can be waived with prior approval from the NCDWR. [15A NCAC 02H .0506(b)(3)]

17. No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface
waters. This water shall be captured, treated, and disposed of properly. [15A NCAC 02H .0506(b)(3)]

18. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact
between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be
discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills.
[15A NCAC 02B.0200]

19. During the construction of the project, no staging of equipment of any kind is permitted in waters of the
U.S., or protected riparian buffers. [15A NCAC 02H.0506(b)(2)]

20. The dimension, pattern and profile of the stream above and below the crossing shall not be modified.
Disturbed floodplains and streams shall be restored to natural geomorphic conditions.
[15A NCAC 02H.0506(b)(2)]

21. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream
stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage.
[15A NCAC 02H.0506(b)(2)]

22. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures
from the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags,
rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water.
[15A NCAC 02H.0506(b)(3) and (c)(3)]
23. Heavy equipment shall be operated from the banks rather than in the stream channel in order to minimize
sedimentation and reduce the introduction of other pollutants into the stream. [15A NCAC 02H.0506(b)(3)]

24. All mechanized equipment operated near surface waters must be regularly inspected and maintained to
prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. [15A
NCAC 02H.0506(b)(3)]

25. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification. [15A NCAC 02H.0506(b)(3)]

26. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited. [15A NCAC 02H.0506(b)(3)]

27. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water
quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act)
and any other appropriate requirements of State and Federal law. If the NCDWR 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 NCDWR may reevaluate
and modify this certification. [15A NCAC 02B.0200]

28. Unless otherwise approved in this certification, placement of culverts and other structures in open waters
and streams, shall be placed below the elevation of the streambed by one foot for all culverts with a
diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less
than 48 inches, to allow low flow passage of water and aquatic life. Design and placement of culverts and
other structures including temporary erosion control measures shall not be conducted in a manner that may
result in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of
the above structures. The applicant is required to provide evidence that the equilibrium is being maintained
if requested in writing by the NCDWR. If this condition is unable to be met due to bedrock or other
limiting features encountered during construction, please contact the NCDWR for guidance on how to
proceed and to determine whether or not a permit modification will be required. [15A NCAC
02H.0506(b)(2)]

29. If multiple pipes or barrels are required, they shall be designed to mimic natural stream cross section as
closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate.
Widening the stream channel should be avoided. Stream channel widening at the inlet or outlet end of
structures typically decreases water velocity causing sediment deposition that requires increased
maintenance and disrupts aquatic life passage. [15A NCAC 02H.0506(b)(2)]

30. Pipes and culverts used exclusively to maintain equilibrium in wetlands, where aquatic life passage is not a
concern, shall not be buried. These pipes shall be installed at natural ground elevation.

31. Native riparian vegetation must be reestablished in the riparian areas within the construction limits of the project
by the end of the growing season following completion of construction. [15A NCAC 02B.0506(b)(2)]

32. Tall fescue shall not be used in the establishment of temporary or permanent groundcover within riparian
areas. For the establishment of permanent herbaceous cover, erosion control matting shall be used in
conjunction with an appropriate native seed mix on disturbed soils within the riparian area and on disturbed
steep slopes with the following exception. Erosion control matting is not necessary if the area is contained

by perimeter erosion control devices such as silt fence, temporary sediment ditches, basins, etc. Matting
should be secured in place with staples, stakes, or wherever possible, live stakes of native trees. Erosion
control matting placed in riparian areas shall not contain a nylon mesh grid, which can impinge and entrap
small animals. For the establishment of temporary groundcover within riparian areas, hydroseeding along
with wood or cellulose based hydro mulch applied from a fertilizer- and limestone-free tank is allowable at
the appropriate rate in conjunction with the erosion control measures. Discharging hydroseed mixtures and
wood or cellulose mulch into surface waters in prohibited. Riparian areas are defined as a distance 25 feet
landward from top of stream bank.

33. Erosion and sediment control practices must be in full compliance with all specifications governing the proper
design, installation and operation and maintenance of such Best Management Practices in order to protect
surface waters standards [15A NCAC 02H.0506(b)(3) and (c)(3)]:

a. The erosion and sediment control measures for the project must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Sediment and Erosion
Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures must
be such that they equal, or exceed, the requirements specified in the most recent version of the North
Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction
sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits
associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated,
and maintained in accordance with the most recent version of the North Carolina Surface Mining
Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act.

34. Sediment and erosion control measures shall not be placed in wetlands or surface waters, or within 5 feet of
the top of bank, without prior approval from DWR. [15A NCAC 02H.0506(b)(3) and (c)(3)]

35. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with this
permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow
sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact
from road construction activities. [15A NCAC 02H.0506(b)(3) and (c)(3)]

36. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT
Division Engineer shall complete and return the "Certification of Completion Form" to notify the NCDWR
when all work included in the 401 Certification has been completed. [15A NCAC 02H.0502(f)]

37. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition,
the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division
Engineer and the on-site project manager. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and
(c)(2)]

Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal
and/or civil penalties. This Certification shall become null and void unless the above conditions are made
conditions of the Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the
expiration of the 404 or CAMA permit.

If you wish to contest any statement in the attached Certification you must file a petition for an administrative
hearing. You may obtain the petition form from the office of Administrative hearings. You must file the petition
with the office of Administrative Hearings within sixty (60) days of receipt of this notice. A petition is considered
filed when it is received in the office of Administrative Hearings during normal office hours. The Office of
Administrative Hearings accepts filings Monday through Friday between the hours of 8:00am and 5:00pm, except
for official state holidays. The original and one (1) copy of the petition must be filed with the Office of

Administrative Hearings.

The petition may be faxed-provided the original and one copy of the document is received by the Office of
Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:

Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: [phone]

A copy of the petition must also be served on DEQ as follows:

Mr. Bill F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center

This the 22nd day of September, 2021

DIVISION OF WATER RESOURCES

S. Daniel Smith, Director

WQC No. WQC004465
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Page 1 of 2 Form Date July 7, 2020
Compensatory Mitigation Responsibility Transfer Form
Permittee: NC DOT, Mr. Phillip S. Harris, III, P.E. Action ID: SAW-2020-00079
Project Name: U-5798 Gillis Hill Road widening County: Cumberland

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 Wilmington District 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 verifies that the mitigation requirements (credits) shown below have been released
and are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified
mitigation, regardless of whether 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 ledger to the Permittee, the Project
Manager who issued the permit, the Bank Project Manager, and the 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: 03030004, Cape Fear River Basin
Stream Impacts (linear feet) Wetland Impacts (acres)
Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non-Riparian Coastal
232 0.63
*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: 03030004, Cape Fear River Basin
Stream Mitigation (credits)Wetland Mitigation (credits)
Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non-Riparian Coastal
464 1.26

Mitigation Site Debited: NC DMS
(List the name of the bankto be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS
acceptance letter identifies a specific site, also list the specific site to be debited).

Section to be completed by the Mitigation Sponsor

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 Wilmington
District, 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
USACE Wilmington District
Compensatory Mitigation Responsibility Transfer Form, Page 2
Page 2 of 2
Conditions for Transfer of Compensatory Mitigation Credit:
Once this document has been signed by the Mitigation Sponsor and the District 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 District 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. When NCDMS provides mitigation 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 NCDMS must be provided to the District
within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the District 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 District
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 District, the Sponsor must obtain case-by-case approval from the District 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 District administrative records for both the permit
and the Bank/ILF Instrument.
Comments/Additional Conditions:
Form 1 of 2 (Section U-5798 A)
This form is not valid unless signed below by the District 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
District Project Manager at the address below, 3) the Bank Manager listed in RIBITS, and 4) the Wilmington District
Mitigation Office, 3331 Heritage Trade Drive, Suite 105, Wake Forest, NC 27587 (or by email to [e-mail]).
Questions regarding this form or any of the permit conditions may be directed to the District Mitigation Office.
USACE Project Manager:Liz Hair
USACE Field Office: Wilmington Regulatory Field Office
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
Email:[e-mail]
January 25, 2022
Wilmington District Project Manager Signature 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.