FINAL Fully Executed 404 Permit I-5987A and B SAW 2019-01276

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
March 2 , 2022
Regulatory Division/1200A
Action ID: SAW- 2019-01276
North Carolina Department of Transportation (NCDOT)
Division 6
Attn: Gregory Price
PO Box 150
Fayetteville, NC 28302
Dear Mr. Price:
In accordance with the written request of October 7, 2021, revised on November 9,
2021, and the ensuing administrative record, enclosed is a permit to discharge fill
material with 14.40 permanent wetland impacts, including 0.26 acre of non-404 hand
clearing of wetlands, 1.27 acre of permanent surface water impacts, 0.78 acre of
temporary surface water impacts, 1,496 linear feet of permanent stream impacts, and
529 linear feet of temporary stream impacts. These impacts are associated with the
construction of TIP I-5987; I-95 Widening, from US 301 (Exit 22), to south of the
proposed I-295, in Robeson County, North Carolina.
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,
Wilmington Regulatory Field Office, at telephone [phone].
FOR THE ACTING CHIEF, REGULATORY DIVISION
Monte Matthews
Lead Project Manager
Wilmington District
Enclosures:
Department of the Army Permit Special Conditions
Permit Drawings
Copies Furnished (with enclosures):
Chief, Source Data Unit
NOAA/National Ocean Service
1315 East-west Highway, Room 7316
Silver Spring, Maryland 20910-3282
Copies Furnished with Special Conditions and Plans:
U. S. Fish and Wildlife
Raleigh Ecological Services Field Office
PO Box 33726
Raleigh, NC 27636-3726
Mr. Todd Bowers
Wetlands and Marine Regulatory Section
Water Protection Division – Region IV
U. S. Environmental Protection Agency
61 Forsyth St. SW
Atlanta, Georgia 30303-8931
Division of Water Resources
Department of Environmental Quality
1617 Mail Service Center
Raleigh, North Carolina 27699
1
DEPARTMENT OF THE ARMY PERMIT
Permittee North Carolina Department of Transportation, Division 6
ATTN: Mr. Greg Price
Permit No. AID SAW- 2019-01276, STIP I-5987A and B
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: TIP I-5987A and B; I-95 Widening, impacting 2,025 linear feet of stream, 2.05 acres of surface water
impacts, and 14.40 acres of wetlands, including 0.26 acre of non-404 hand clearing in wetlands.
Project Location: Existing I-95 corridor, from US 301 (Exit 22), to south of the proposed I-295, in Robeson County,
NC. Latitude and Longitude (near center of project at E. McDuffie Crossing Rd): 34.770 N, -78.996 W.
Permit Conditions:
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 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,

ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE. (33 CFR 325 (Appendix A))
2
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.

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
ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE. (33 CFR 325 (Appendix A))
3
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) NCDOT Division 6 (DATE)
ATTN: Greg Price
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 COMMANDER) BENJAMIN A. BENNETT, COLONEL (DATE)
When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and
conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit
and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date
below.
___________________________________________________ _______________________________________________
(TRANSFEREE) (DATE)
*U.S. GOVERNMENT PRINTING OFFICE: 1986 - 717-425

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Owner: NCDOT_Div. 6; TIP I-5987; I-95 Widening/ File Number: SAW-2019-01276 Date: 3/22/2022
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 district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.

SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)

ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
appeal process you may contact:
District Engineer, Wilmington Regulatory Division,
Attn: Liz Hair
US Army Corps of Engineers, Wilmington District
69 Darlington Avenue
Wilmington, North Carolina 28403

If you only have questions regarding the appeal process you may
also contact:
Mr. Phillip Shannon, 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: Liz Hair, 69 Darlington Avenue, Wilmington, North Carolina
28403

NCDOT_I-5987A&B_I-95Widen_Robeson_Div6; DA# SAW- 2019-01276
Special Conditions
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WORK LIMITS / NOTIFICATION
1. Work Limits:All work authorized by this permit shall be performed in strict
compliance with the permit plans, labeled for Section I-5987A as “TIP PROJECT; I-
5987A, Last Revis. 9 Nov 2021” and labeled for Section I-5987B as “TIP PROJECT; I-
5987B, Last Revis. 9 Nov 2021”. These plans are incorporated by reference as a part
of this permit. The Permittee shall ensure that the construction design plans for this
project do not deviate from the permit plans. Any modification to the permit plans must
be approved by the US Army Corps of Engineers prior to any active construction in
waters or wetlands.

2. Unauthorized Dredge or Fill: Except as authorized by this permit or any U.S. Army
Corps of Engineers 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 permit plans, 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 Permittee shall require its contractors and/or agents to
comply with the terms and conditions of this permit in the construction and maintenance
of this project, and shall provide each of its contractors and/or agents associated with
the construction or maintenance of this project with a copy of this permit. A copy of this
permit, including all conditions, drawings and attachments shall be available at the
project site during the construction and maintenance of this project.

4. Pre-Construction Meeting: The Permittee shall schedule and attend a
preconstruction meeting between its representatives, the contractors representatives,
and the U.S. Army Corps of Engineers, 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, NCDCM, and NCDWR Project Managers can attend. The Permittee shall invite
the Corps, NCDCM, and NCDWR Project Managers a minimum of thirty (30) days in
advance of the scheduled meeting in order to provide those individuals with ample
NCDOT_I-5987A&B_I-95Widen_Robeson_Div6; DA# SAW- 2019-01276
Special Conditions
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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 Permittee
shall notify the U.S. Army Corps of Engineers in writing prior to beginning the work
authorized by this permit and again upon completion of the work authorized by this
permit.
6.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 Regulatory Field Office, Attn: Liz Hair, 69
Darlington Avenue, Wilmington, NC 28403, or [e-mail]. The
Permittee shall reference the following permit number, SAW- 2019-01276, on all
submittals.
7.Permit Revocation: The Permittee, upon receipt of a notice of revocation of this
permit or upon its expiration before completion of the work will, without expense to the
United States and in such time and manner as the Secretary of the Army or his
authorized representative may direct, restore the water or wetland to its pre-project
condition.
8.Reporting Violations:Violation of these permit conditions or violation of Section 404
of the Clean Water Act or Section 10 of the Rivers and Harbors Act shall be reported to
the Corps in writing and by telephone at: 910.251.4049, within 24 hours of the
Permittee’s discovery of the violation.
9.Clean Fill: The Permittee shall use only clean fill material for this project. The fill
material shall be free from items such as trash, construction debris, metal and plastic
products, and concrete block with exposed 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.
10.Endangered Species Act:The Permittee shall implement all necessary measures
to ensure the authorized activity does not kill, injure, capture, harass, or otherwise harm
any federally-listed threatened or endangered species. While accomplishing the
authorized work, if the Permittee discovers or observes an injured or dead threatened or
endangered species, the U.S. Army Corps of Engineers, Wilmington District, Wilmington
Regulatory Field Office, Attn: Liz Hair, 69 Darlington Avenue, Wilmington, NC 28403, or
[e-mail], will be immediately notified to initiate the required
Federal coordination.
11. Culverts:
1) Unless otherwise requested in the application and depicted on the approved
permit plans, culverts greater than 48 inches in diameter shall be buried at least one
NCDOT_I-5987A&B_I-95Widen_Robeson_Div6; DA# SAW- 2019-01276
Special Conditions
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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.
2) 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.
3) The Permittee shall implement all reasonable and practicable measures to
ensure that equipment, structures, fill pads, work, and operations associated with this
project do not adversely affect upstream and/or downstream reaches. Adverse effects
include, but are not limited to, channel instability, flooding, and/or stream bank erosion.
The Permittee shall routinely monitor for these effects, cease all work when detected,
take initial corrective measures to correct actively eroding areas, and notify this office
immediately. Permanent corrective measures may require additional authorization by
the U.S. Army Corps of Engineers.

4) Culverts placed within wetlands must be installed in a manner that does not
restrict the flows and circulation patterns of waters of the United States. Culverts placed
across wetland fills purely for the purposes of equalizing surface water shall not be
buried, but the culverts must be of adequate size and/or number to ensure unrestricted
transmission of water.

12. Sediment and Erosion Control:

1) During the clearing phase of the project, heavy equipment shall not be
operated in surface waters or stream channels. Temporary stream crossings will be
used to access the opposite sides of stream channels. All temporary diversion channels
and stream crossings will be constructed of non-erodible materials. Grubbing of riparian
vegetation will not occur until immediately before construction begins on a given
segment of stream channel.

2) 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.

NCDOT_I-5987A&B_I-95Widen_Robeson_Div6; DA# SAW- 2019-01276
Special Conditions
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3) The Permittee shall remove all sediment and erosion control measures placed
in waters and/or wetlands, and shall restore natural grades on those areas, prior to
project completion.

4) The Permittee shall use appropriate sediment and erosion control practices
which equal or exceed those outlined in the most recent version of the “North Carolina
Sediment and Erosion Control Planning and Design Manual” to ensure compliance with
the appropriate turbidity water quality standard. Erosion and sediment control practices
shall be in full compliance with all specifications governing the proper design,
installation and operation and maintenance of such Best Management Practices in
order to ensure compliance with the appropriate turbidity water quality standards. This
shall include, but is not limited to, the immediate installation of silt fencing or similar
appropriate devices around all areas subject to soil disturbance or the movement of
earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the
project shall remain in full compliance with all aspects of the Sedimentation Pollution
Control Act of 1973 (North Carolina General Statutes Chapter 113A, Article 4).
Adequate sedimentation and erosion control measures shall be implemented prior to
any ground disturbing activities to minimize impacts to downstream aquatic resources.
These measures shall be inspected and maintained regularly, especially following
rainfall events. All fill material shall be adequately stabilized at the earliest practicable
date to prevent sediment from entering into adjacent waters or wetlands.

13. 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.

14. 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 U.S. Army Corps of Engineers 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 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 U.S. Army Corps of Engineers and
shown on the approved reclamation plans. The Permittee shall ensure that all borrow
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Special Conditions
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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 U.S. Army Corps of Engineers 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 U.S. Army Corps of Engineers within 30 days of
the completion of the reclamation work.
COMPENSATORY MITIGATION
15. In order to compensate for impacts associated with this permit, mitigation shall be
provided in accordance with the provisions outlined on the most recent version of the
attached Compensatory Mitigation Responsibility Transfer Form. The requirements of
this form, including any special conditions listed on this form, are hereby incorporated
as special conditions of this permit.

January 11, 2022
Gregory W. Price
Division 6 Environmental Program Supervisor
Project Development and Environmental Analysis
North Carolina Department of Transportation
421 Transportation Drive
Fayetteville, NC 28302

Subject: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water with ADDITIONAL
CONDITIONS for the proposed widening of I-95 to eight lanes from US 301 (Exit 22) to south of the
proposed I-295 interchange in Robeson County, TIP I-5987.
NCDWR Project No. 20211107.

Dear Mr. Price:

Attached hereto is a copy of Certification No. 4582 issued to The North Carolina Department of Transportation
(NCDOT) dated January 11, 2022.

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
Chris Rivenbark, NC Department of Transportation
Amanetta Somerville, US Environmental Protection Agency
Gary Jordan, US Fish and Wildlife Service
Travis Wilson, NC Wildlife Resources Commission
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 14.14 acres of jurisdictional wetlands,
and 3293 linear feet of jurisdictional streams in Robeson County. The project shall be constructed pursuant to the
application dated received July 11, 2021. The authorized impacts are as described below:

Wetland Impacts in the Lumber River Basin- Section A
*includes utilities*

Stream Impacts in the Lumber River Basin-Section A
Permit
Drawing
Site
Number
Type Permanent
Fill
(ac)
Temporary
Fill
(ac)
Excavation
(ac)
Mechanized
Clearing
(ac)
Hand
Clearing
Total
Wetland
Impact
(ac)
4 Riparian 0.005 -- -- 0.003 -- 0.008
5 Riparian 0.001 -- 0.029 -- -- 0.030
10 Riparian 3.029 -- -- 0.306* -- 3.335
12 Riparian 0.401 -- -- 0.354 -- 0.755
14 Riparian 0.020 -- -- 0.023 -- 0.043
16 Riparian 0.354 -- -- 0.285 -- 0.639
17 Riparian 0.035 -- 0.024 -- -- 0.059
18 Riparian 0.024 -- -- 0.019 -- 0.043
19 Riparian 0.012 -- -- 0.001 -- 0.013
20 Riparian 0.139 -- 0.022 0.119 -- 0.280
21 Non-
Riparian
0.057 -- 0.112 0.122 -- 0.291
22 Riparian 0.003 -- 0.001 -- -- 0.004
Total Riparian 4.023 -- 0.076 1.11 -- 5.500
Total Non-
Riparian
0.057 -- 0.112 0.122 -- --
Total Permanent
Wetland Impacts
5.500
Permit
Drawing
Site
Number
Type Permanent
Impacts
(lf)
Temporary
Impacts
(lf)
Total
Impact
(lf)
Stream
Impacts
Requiring
Mitigation
(lf)
1 Perennial 155 36 191 N/A
11 Perennial 120 40 160 N/A
15 Perennial 108 20 128 N/A
19 Perennial 164 26 190 N/A
20 Perennial 192 104 296 N/A
21A Intermittent -- 488 488 N/A
22 Perennial 119 45 164 N/A
23 Perennial 90 40 130 N/A

Open Water Impacts in Lumber River Basin- Section A

Wetland Impacts in the Lumber River Basin-Section B
*includes utilities*

Total Perennial
Stream Impact
948 311 1259
Total Intermittent
Stream Impact
-- 488 488
Total Stream Impact 948 799 1747
Permit
Drawing
Site
Number
Type Permanent
Impacts
(ac)
Temporary
Impacts
(ac)
Total
Impacts
(ac)
2 Tributary 0.003 0.015 0.018
3 Tributary 0.002 0.009 0.011
4 Tributary 0.005 0.030 0.035
6 Tributary 0.003 0.001 0.004
7 Tributary 0.023 0.004 0.027
8 Tributary 0.028 0.002 0.03
9 Tributary 0.049 0.002 0.051
10 Tributary 0.018 0.003 0.021
13 Tributary 0.004 0.001 0.005
21A Tributary 0.013 0.040 0.053
22 Tributary 0.022 -- 0.022
Total Open Water 0.170 0.107 0.277
Permit
Drawing
Site
Number
Type Permanent
Fill
(ac)
Temporary
Fill
(ac)
Excavation
(ac)
Mechanized
Clearing
(ac)
Hand
Clearing
Total
Wetland
Impact
(ac)
1 Riparian -- -- 0.056 0.118 -- 0.174
3 Riparian 0.074 -- -- 0.026 -- 0.10
4 Riparian -- -- -- 0.023 -- 0.023
5 Riparian 1.181 -- 0.565 0.646 0.094* 2.486
9 Riparian 0.315 -- 0.010 0.088 -- 0.413
10 Riparian 0.226 -- 0.181 0.126 0.166* 0.699
11 Riparian -- -- 0.004 0.014 -- 0.018
12 Riparian 2.883 -- 0.003 0.929 -- 3.815
13 Riparian 0.753 -- 0.014 0.409 -- 1.176
Total Riparian 5.432 -- 0.833 2.379 0.260 8.904
Total Non-
Riparian
-- -- -- -- -- --
Total Permanent
Wetland Impacts
8.644

Stream Impacts in the Lumber River Basin-Section B

*mitigation required if impacts >300 linear feet on perennial streams

Open Water Impacts in Lumber River Basin- Section B

The application provides adequate assurance that the discharge of fill material into the waters of the Lumber 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 11,
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.
Permit
Drawing
Site
Number
Type Permanent
Impacts
(lf)
Temporary
Impacts
(lf)
Total
Impact
(lf)
Stream
Impacts
Requiring
Mitigation
(lf)
2 Intermittent 80 20 100 N/A
3 Perennial 90 30 120 N/A
5 Perennial 10 150 160 N/A
8 Intermittent 83 10 93 N/A
9 Perennial 179 110 289 N/A
10 Perennial 320* 40 360 320
11 Perennial 101 23 124 N/A
12 Perennial 150 30 180 N/A
13 Perennial 100 20 120 N/A
Total Perennial
Stream Impact
950 403 1353
Total Intermittent
Stream Impact
163 30 193
Total Stream Impact 1113 433 1546
Permit
Drawing
Site
Number
Type Permanent
Impacts
(ac)
Temporary
Impacts
(ac)
Total
Impacts
(ac)
1 Tributary 0.072 0.001 0.073
6 Tributary 0.015 0.003 0.018
7 Tributary 0.169 -- 0.169
7A Tributary 0.017 0.005 0.022
Total Open Water 0.273 0.009 0.282

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 320 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 a letter dated October 6, 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 14.14 (13.850 ac Riparian, 0.290 ac Non-Riparian) 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 a letter dated October 6,
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. 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 downstream of
the above structures. The applicant is required to provide evidence that the equilibrium is being maintained
if requested in writing by NCDWR. If this condition is unable to be met due to bedrock or other limiting
features encountered during construction, please contact 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)]

General Conditions

5. 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.

6. 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)]

7. 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)]

8. 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]’

9. 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]

10. 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)]

11. 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)]

12. 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)]

13. 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)]

14. 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)]
15. 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)]

16. In accordance with commitments made in your application, all clearing of vegetation for purpose of
relocating overhead power lines within jurisdictional wetlands shall be performed without the use of
mechanized equipment. [15A NCAC 02H.0506(b)(3)

17. 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)]

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

19. When applicable, 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). Regardless of
applicability of the Sediment and Pollution Control Act, all projects shall incorporate appropriate Best
Management Practices for the control of sediment and erosion so that no violations of state water
quality standards, statutes, or rules occur. [15A NCAC 02H .0506{b)(3) and (c)(3) and 15A NCAC
02B .0200]

20. Design, installation, operation, and maintenance of all sediment and erosion control measures shall be
equal to or exceed the requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual, or for linear transportation projects, the NCDOT Sediment and
Erosion Control Manual.

21. All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites,
including contractor-owned or leased borrow pits associated with the project. Sufficient materials
required for stabilization and/or repair of erosion control measures and stormwater routing and
treatment shall be on site at all times.

22. For borrow pit sites, the erosion and sediment control measures shall be designed, installed, operated,
and maintained in accordance with the most recent version of the North Carolina Surface Mining
Manual. Reclamation measures and implementation shall comply with the reclamation in accordance
with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971.

23. 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]

24. 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)]

25. 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.

26. 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)]

27. The post-construction removal of any temporary bridge structures must return the project site to its
preconstruction contours and elevations. The impacted areas shall be revegetated with appropriate native
species. [15A NCAC 02H .0506(b)(2)]

28. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across the
bridge and pre-treated through site-appropriate means (grassed swales, pre-formed scour holes, vegetated
buffers, etc.) before entering the stream. To meet the requirements of NCDOT’s NPDES permit
NCS000250 please refer to the most recent version of the North Carolina Department of Transportation
Stormwater Best Management Practices Toolbox manual for approved measures. [15A NCAC 02H
.0507(d)(2) and 15A NCAC 02H .0506(b)(5)]

29. 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)]

30. 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)

31. 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)

32. 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)

33. 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)]

34. 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)]

35. 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)]

36. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the
maximum extent practicable. Efforts must be made to minimize impacts to the stream banks, as well as to
vegetation responsible for maintaining the stream bank stability. Any applicable riparian buffer impact for
access to stream channel shall be temporary and be revegetated with native riparian species. [15A NCAC
02H.0506(b)(2)]

37. 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.

38. 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. This condition can be waived with prior
approval from the NCDWR. [15A NCAC 02H .0506(b)(3)

39. 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)]

40. 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.

41. 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.

42. 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)]

43. 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)

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

45. 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 11th day of January 2022

DIVISION OF WATER RESOURCES

S. Daniel Smith, Director

WQC No. 4582
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Page 1 of 2 Form Date July 7, 2020
Compensatory Mitigation Responsibility Transfer Form

Permittee: NCDOT Division 6 Action ID: SAW-2019-01276
Project Name: I-5987 A & B; I-95Widening County: Robeson

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: 03040203, Lumber River Basin
Stream Impacts (linear feet) Wetland Impacts (acres)
Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non-Riparian Coastal
1,663 13.85 0.29
*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: 03040203, Lumber River Basin
Stream Mitigation (credits) Wetland Mitigation (credits)
Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non-Riparian Coastal
3,125 27.70 0.58

Mitigation Site Debited: NCDMS
(List the name of the bank to 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, asper 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:
Stream mitigation: 1,462 lf perennial impacts @ 2:1 = 2,924 lf
201 lf intermittent impacts @ 1:1 = 201 lf; Total = 3,125 lf
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
)g
o [e-mail]). @@@ yyy )
Questions regarding this form or any of the permit conditions may be directed to the District Mitigation Office.e.
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]
February 2, 2022
Wilmington District Project Manager Signature (Eric Alsmeyer)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.