FINAL - Fully Signed Section 404 Permit - A-0009C - SAW 2009-01346 7-11-2022.pdf

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
July 8, 2022
Regulatory Division
Action ID- SAW-2009-01346
North Carolina Department of Transportation (NCDOT)
Division 14
Attn: Ms. Wanda Austin
253 Webster Road
Sylva, North Carolina 28779
Dear Ms. Austin:
Enclosed is a Department of the Army permit to the A-0009C project which
involves improvements along US 129, NC 143, and NC 28 from Robbinsville to Stecoah
in Graham County Specific impacts include the impact to 8,478 linear feet of streams,
1.14 acre of wetlands and 0.12 acres of open waters. The Corps is issuing this permit in
response to your written request of December 15, 2021, and the ensuing administrative
record.
Any deviation in the authorized work will likely require modification of this permit.
If a change in the authorized work is necessary, you should promptly submit revised
plans to the Corps showing the proposed changes. You may not undertake the
proposed changes until the Corps notifies you that your permit has been modified.
Carefully read your permit. The general and special conditions are important.
Your failure to comply with these conditions could result in a violation of Federal law.
Certain significant conditions require that:
a. You must complete construction before 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.
d. In order to compensate for impacts associated with this permit, mitigation shall
be provided in accordance with the provisions outlined in the U.S. Army Corps of
Engineers, Wilmington District, Compensatory Mitigation Responsibility Transfer Form.

-2-
The requirements of this form, including any special conditions listed on this form, are
hereby incorporated as special conditions of this permit authorization.
You should address all questions regarding this authorization to Crystal Amschler
at the Asheville Regulatory Field Office, telephone [phone] extension 4231.
FOR THE CHIEF, REGULATORY DIVISION
o.t Date: 2022.07.08
a� 11:09:08-04'00'
Monte Matthews
Lead Project Manager
Enclosures
Electronic or hard copy furnished as appropriate:
Project Development and Environmental Analysis Unit,
Attn: Mr. Michael Turchy
1548 Mail Service Center
Raleigh, NC 27699-1598
Mr. Todd Bowers
Wetlands Protection Section — Region IV
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. Clarence Coleman
FHWA — NC Division
310 New Bern Avenue, Suite 410
Raleigh, NC 27601
Ms. Amy S. Chapman
Transportation Permitting Unit
NC Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
Mr. Dave McHenry
NC Wildlife Resources Commission
20830 Great Smoky Mountains Expressway
Waynesville, NC 28786

-3-
US Fish and Wildlife Service
Asheville Ecological Services Field Office
Attn: Ms. Holland Youngman
160 Zillicoa Street
Asheville, NC 28801-1082
Ms. Renee Gledhill -Early
Environmental Review Coordinator
NC State Historic Preservation Office
4617 Mail Service Center
Raleigh, NC 27699-4617
Cherokee Nation
Ms. Elizabeth Toombs
Secretary of Natural Resources
Post Office Box 948
Tahlequah, OK 74465-0948
United Keetoowah Band of Cherokee Indians in Oklahoma
Acee Watt
PO Box 746
Tahlequah, OK 74465
Eastern Band of Cherokee Indians
Mr. Stephen Yerka
Post Office Box 455
Cherokee, North Carolina 28719
Eastern Band of Cherokee Indians (EBCI)
Water Quality Office (WQO)
P.O. Box 1925
Cherokee, NC 28719
Forest Service
National Forests in North Carolina
Ms. Allyson Conner
Land Management Planner/NCDOT Liaison
160A Zillicoa Street
Asheville, NC 28801

DEPARTMENT OF THE ARMY PERMIT
Permittee NORTH CAROLINA DEPARTMENT OF TRANSPORTATION,
DIVISION 14
ATTN: MS. WANDA AUSTIN
Permit No. SAW-2009-01346, STIP A-0009C
Issuing Office CESAW-RG-A
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 A0009C Project involves improvements along US 129, NC 143, and NC 28 from Robbinsville
to Stecoah in Graham County, North Carolina. Specific impacts include the impact to 8,478 linear feet of streams,1.14
acre of wetlands and 0.12 acres of open waters.
Project Location: The A0009C Project involves improvements along US 129, NC 143, and NC 28 from Robbinsville to
Stecoah in Graham County, North Carolina.
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 conditioned water quality certifications have been issued for your project, you must comply with the conditions
specified in the certifications as special conditions to this permit. For your convenience, copies of all certifications are attached
if it contains such conditions.
ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE. (33 CFR 325 (Appendix A))

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

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.
EDocuSigned bny: - - L _
B88118F1 E31 C453...
(PERMITTEE) NC DEPARTMENT OF TRANSPORTATION
ATTN: MS. WANDA AUSTIN
07/07/2022
(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
�&#tk- Date: 2022.07.08 11:37:03
/�a4� �-04'00'
FOR (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)
*1 J.S. GOVERNMENT PRINTING OFFICE: 1996 - 717-425

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: North Carolina Department of
File Number: SAW-2009-01346
Date: July 8, 2022
Transportation (NCDOT)
Attached is:
See Section below
❑ INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission)
A
® PROFFERED PERMIT Standard Permit or Letter ofpermission)
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/inet/functions/ew/cecwo/reg or
Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section 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 11- 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
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
Mr. Philip Shannin, Administrative Appeal Review Officer
District Engineer, Wilmington Regulatory Division,
CESAD-PDO
Attn: Ms. Crystal Amschler
U.S. Army Corps of Engineers, South Atlantic Division
USACE
60 Forsyth Street, Room 10M15
151 Patton Avenue, Room 208
Atlanta, Georgia 30303-8801
Asheville, NC 28801
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 o ortuni to participate in all site investi ations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Ms. Crystal Amschler, 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 1OM15, Atlanta,
Georgia 30303-8801
Phone: [phone]

SPECIAL CONDITIONS
Action ID: SAW-2009-01346
STIP: A-0009C
1. Work Limits: All work authorized by this permit shall be performed in strict
compliance with the attached permit plans dated 12/13/2021, which are a part of this
permit. The Permittee shall ensure that the construction design plans for this project do
not deviate from the permit plans attached to this authorization. Any modification to the
attached permit plans must be approved by the 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 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 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, Asheville 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, Asheville 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 NCDWQ Project Managers can attend. The Permittee shall invite
the Corps, NCDCM, and NCDWQ Project Managers a minimum of thirty (30) days in
advance of the scheduled meeting in order to provide those individuals with ample

SPECIAL CONDITIONS
Action ID: SAW-2009-01346
STIP: A-0009C
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 Asheville Regulatory Field Office, Attn: Crystal Amschler
151 Patton Avenue, Room 208 or [e-mail]. The Permittee
shall reference the following permit number, SAW-2009-01346, 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: 828-271-7980 ext. 4231 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. Water Contamination: All mechanized equipment shall be regularly inspected and
maintained to prevent contamination of waters and wetlands from fuels, lubricants,
hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or
any other hazardous waste, the Permittee shall immediately report it to the N.C. Division
of Water Quality at [phone] or [phone] and provisions of the North
Carolina Oil Pollution and Hazardous Substances Control Act shall be followed.
11. 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.

SPECIAL CONDITIONS
Action ID: SAW-2009-01346
STIP: A-0009C
12. 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 Asheville
Regulatory Field Office, Attn: Crystal Amschler, 151 Patton Avenue, Room 208 or
[e-mail] will be immediately notified to initiate the required
Federal coordination.
In order to avoid and minimize effects to Indiana bat (Myotis sodalis) NCDOT will
comply with the following measures:
• NCDOT will only remove the trees required for this project during October 15 to
April 15, avoiding impacts to potentially roosting bats.
• NCDOT will add no additional permanent lighting to the project area and will limit
temporary lighting and night work to the single area needed for the wildlife
passage/Appalachian Trail land bridge, to be completed over a few nights
between November and March.
• NCDOT will perform the demolition of man-made structures only during the
winter or after confirming the absence of roosting bats.
• Per the EBCI Office of Natural Resources, on any tract held in trust by the EBCI
and where trees will be cut, evaluation for Indiana Bat, Northern Long Bat, and
Small Whorled Pogonia presence and habitat shall be performed both pre- and
post harvest.
• Per the EBCI Office of Natural Resources, on any tract held in trust by the EBCI
NCDOT will only remove trees during October 15 to April 15, with minimal night-
time lighting as needed to achieve the work. If work is not taking place, all lighting
should be shut down.
13. Culverts:
1) Unless otherwise requested in the application and depicted on the approved
permit plans, culverts greater than 48 inches in diameter shall be buried at least one
foot below the bed of the stream or, if prior approval given, set at the current stream bed
elevation. 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. 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

SPECIAL CONDITIONS
Action ID: SAW-2009-01346
STIP: A-0009C
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.
14. 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.
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

SPECIAL CONDITIONS
Action ID: SAW-2009-01346
STIP: A-0009C
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.
15. 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.
16. Aquatic Life Movement: No activity may substantially disrupt the necessary life
cycle movements of those species of aquatic life indigenous to the waterbody, including
those species that normally migrate through the area. All discharges of dredged or fill
material within waters of the United States shall be designed and constructed to
maintain low flows to sustain the movement of aquatic species.
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 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
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

SPECIAL CONDITIONS
Action ID: SAW-2009-01346
STIP: A-0009C
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.
18. Compensatory Mitigation: 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. NOTE: Two (2) separate
Compensatory Mitigation Responsibility Transfer Forms are attached to this permit..
19. Compliance Inspection: A representative of the Corps of Engineers will
periodically and randomly inspect the work for compliance with these conditions.
Deviations from these procedures may result in an administrative financial penalty
and/or directive to cease work until the problem is resolved to the satisfaction of the
Corps.
20. NCDWR and EBCI 401 Cert: In accordance with 33 U.S.C. 1341(d), all conditions
of the North Carolina Division of Water Resources 401 Water Quality Certification No.
3845 Dated February 22, 2022, are hereby incorporated as special conditions of this
permit, as are the conditions of the EBCI 401 Water Quality Certification Grant With
Special Conditions dated 10/25/2021 for portions of the project that cross Tribal land.
21. Prohibitions on Concrete: The permittee shall take measures to prevent live or
fresh concrete, including bags of uncured concrete, from coming into contact with any
water in or entering into waters of the United States. Water inside coffer dams or
casings that has been in contact with concrete shall only be returned to waters of the
United States when it no longer poses a threat to aquatic organisms (concrete is set
and cured).
22. Historic Properties Programmatic Agreement (PA): The Permittee shall fully
implement the Section 106 Programmatic Agreement (PA) between the North Carolina
Department of Transportation, the Advisory County on Historic Preservation, North
Carolina State Historic Preservation Officer, the US Forest Service, the Federal
Highways administration, and the Eastern Band of Cherokee Indians that was executed
in March of 2021. This PA is attached to the permit.
23. Discovery of Previously Unknown Remains and Artifacts: If you discover any
previously unknown historic, cultural or archeological remains and artifacts while
accomplishing the activity authorized by this permit, you must immediately notify the
district engineer of what you have found, and to the maximum extent practicable, avoid
construction activities that may affect the remains and artifacts until the required

SPECIAL CONDITIONS
Action ID: SAW-2009-01346
STIP: A-0009C
coordination has been completed. The district engineer will initiate the Federal, Tribal,
and state coordination required to determine if the items or remains warrant a recovery
effort or if the site is eligible for listing in the National Register of Historic Places.
24. Trout: Per the NC Wildlife Resources Commission's letter dated February 4, 2022,
and the EBCI letter, as well as a follow up email from the EBCI dated 12/14/2021,
NCDOT is prohibited from doing any in -stream work and land disturbance within the 25-
foot trout buffer from January 1 to April 15 to protect the egg and fry stages of Rainbow
Trout. Additionally, Design Standards in Sensitive Watersheds shall be implemented
with this project.
25. WRC and EBCI other recommended environmental conditions: The following
condition(s) received from the Eastern Band of Cherokee Indians, are hereby
incorporated as special conditions of this permit:
• The pristine wetland referenced in EBCIs letter and Sweetwater Creek will be
avoided.
• The logging road at Bowman Lane should not be accessed by equipment at any
time, following the EBCI 401 special condition
• Applicable measures from the current NCDOT Erosion and Sediment Control
Design and Construction Manual should be adhered to. Tall fescue and straw
mulch must not be used in riparian areas (Note, there also is prescriptive seeding
that may prohibit tall fescue or sericea lespedeza on USFS property in the
special use authorization). Matting needed in riparian areas should not contain
nylon mesh because it entangles and kills wildlife. Coir matting should be used
on disturbed stream banks that are steep or susceptible to high water and
securely anchored with wooden stakes according to NCDOT specifications.
• Herbaceous vegetation should be planted on all bare soil within 15 days of ground
disturbing activities to provide long term erosion control.
• Disturbed soils in steep slopes and riparian areas should be stabilized with heavy
fiber matting in addition to seeding. Matting should be secured in place with
staples, stakes, or wherever possible, live stakes of native trees. Discharging
hydro -seed mixtures and washing out hydro -seeders and other equipment in or
adjacent to surface waters is prohibited.
• Heavy equipment should be utilized from the stream bank and not in the channel
whenever feasible. All mechanized equipment operated near surface waters
should be inspected and maintained regularly to prevent contamination of stream
waters from fuels, lubricants, hydraulic fluids, or other toxic materials. Uncured
concrete must not contact the stream because this can kill fish.
• All work within the stream should be completed in the dry with the use of
temporary diversion structures. Materials used for flow diversions should be
removed from the stream bed after completing the construction work.
• Native material or rip rap backfill (whichever is specified by plans/details) should
be compacted in streams to the appropriate elevation immediately downstream
of culvert replacements and extensions to help prevent outlet scour.

SPECIAL CONDITIONS
Action ID: SAW-2009-01346
STIP: A-0009C
Riprap placed for bank stabilization should be limited to the stream bank below
the high-water mark and vegetation should be used above. Rip rap should not be
placed in the stream channel in a manner that obstructs aquatic life passage.
Rip rap specified in plans should be embedded into (aka "keyed -in") the soil of
channel relocations wherever possible to expedite/promote surface flow and
aquatic organism passage. Native streambed materials should be used as top -
dressing on culvert inlet/outlet benches where embedment is not possible. High
flow barrels that are backfilled with rip rap should be similarly treated to promote
wildlife passage.
Removal of vegetation in riparian areas and wetlands should be minimized. Banks
on stream relocations and abandoned roadways need to be reforested. This
minimally should include impact site 23 in Section A and impact sites 11, 17, and
19 in Section C.

DocuSign Envelope ID: CD51FD01-E36B-4F19-A558-6F496A6C6CF8
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
Ms. Wanda Austin, Division 14 Engineer
NCDOT, Division 14
253 Webster Road
Sylva, NC 28779
NORTH CAROLINA
Environmental Quality
February 22, 2022
Subject: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with
ADDITIONAL CONDITIONS for Proposed improvements to NC 129 and NC 143 in Graham County,
Federal Aid Project No. APD-074(178), TIP A-0009C.
NCDWR Project No.20201371
Dear Ms. Austin:
Attached hereto is a copy of Certification No. WQC004651 issued to The North Carolina Department of
Transportation (NCDOT) dated February 22, 2022.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
DocuSigned by:
aW.1
9C9886312DCD474...
S. liamel Nmitn, liirector
Division of Water Resources
Electronic copy only distribution:
Crystal Amschler, US Army Corps of Engineers, Asheville Field Office
Patrick Breedlove, Environmental Specialist Division 14
Amanetta Somerville, US Environmental Protection Agency
Holland Youngman, US Fish and Wildlife Service
Dave McHenry, NC Wildlife Resources Commission
Beth Harmon, Division of Mitigation Services
File Copy
North Carolina Department of Environmental Quality j Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORn-jcnAouNA i` _'
919.707,9000

DocuSign Envelope ID: CD51FD01-E36B-4F19-A558-6F496A6C6CF8
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 1.11 acres of jurisdictional wetlands,
8,209 linear feet of jurisdictional streams, and 0.12 acre of open water in Graham County. The project shall be
constructed pursuant to the application dated received December 17, 2021. The authorized impacts are as described
below:
Stream
Impacts in
the Little Tennessee
River Basin
Site
Permanent
Temporary
Permanent
Temporary
Total
Stream
Fill in
Fill in
Fill in
Fill in
Stream
Impacts
Intermittent
Intermittent
Perennial
Perennial
Impact
Requiring
Stream
Stream
Stream
Stream
(linear feet)
Mitigation
(linear feet)
(linear feet)
(linear feet)
(linear feet)
S1
I 39
I
I
39
S2
I 20
I
20
S3
I 24
I
I
24
S4
I
I
I 12
12
S5
I
I
I
20
20
S6
I
I
I 30
30
S7
I
I
I 26
26
S8
I
I
I
15
15
S9
I
I
I 18
18
S10
I
I
I
20
20
S11
I 18
I
I
18
S12
I
I
I 15
15
S13
I
I
I 48
48
S14
I
I
I
10
10
S15
I
I
I 44
44
S16
I
I
I 48
48
S17
I
I
I 93
93
S18
I
I
I
10
10
S19
I
I
I 18
18
S20
I
I
I 56
56
S21
I
I
I
8
8
S22
I
I
I 14
14
S23
I
I
I 91
91
S24
I
I
I
50
50
S25
I 45
I
I
45
S26
I
I 11
I
11
S27
I
I 3
I
3
S28
I
I
I 13
13
S29
I
I
I
20
20
S30
I
I
I
20
20
S31
I
I
I 18
18
S32
I
I
I 22
22
S33
I
I
I
91
91
S34
I
I
I 29
29
S35
I
I
I
37
37
S36
I
I
I 50
50
S37
I
I
I
10
10
S38
I
I
I 35
35
S39
I
I
I 32
32
S40
I
I
I
10
10
S41
10
10

DocuSign Envelope ID: CD51FD01-E36B-4F19-A558-6F496A6C6CF8
Site
Permanent
Temporary
Permanent
Temporary
Total
Stream
Fill in
Fill in
Fill in
Fill in
Stream
Impacts
Intermittent
Intermittent
Perennial
Perennial
Impact
Requiring
Stream
Stream
Stream
Stream
(linear feet)
Mitigation
(linear feet)
(linear feet)
(linear feet)
(linear feet)
S42
I
I
I 12
12
S43
I
I
I
18
18
S44
I
I 16
I
16
S45
I
I
I
20
20
S46
I 53
I
53
S47
I
I
I 39
39
S48
I
I
I
10
10
S49
I
I
I 10
10
S50
I
I
I 32
32
S51
I
I
I 42
42
S52
I
I
I
10
10
S53
I
I
I 32
32
S54
I
I
I
10
10
S55
I
I
I 3
3
S56
I
I
I 11
11
S57
I
I
I 27
27
S58
I
I
I
16
16
S59
I
I
I 24
24
S60
I
I
I
11
11
S61
I
I
I 18
18
S62
I
I
6
6
S63
I
I
I 38
38
S64
I
I
I
5
5
S65
I 24
I
I
24
S66
I
I 11
I
11
S67
I
I
I 18
18
S68
I
I
I
14
14
S69
I
I
I 25
25
S70
I
I
I 41
41
S71
I
I
I
9
9
S72
I
I
I 23
23
S73
I
I
I
87
87
S74
I 25
I
I
25
S75
I
I 13
I
13
S76
I 23
I
I
23
S77
I
I 8
I
8
S78
I
I
I 62
62
S79
I
I
I 64
64
S80
I
I
I
105
105
S81
I
I
I 10
10
S82
I
I
I 10
10
S83
I
I
I 68
68
S84
I
I
I
10
10
S85
I
I 11
I
11
S86
I
I
I 21
21
S87
I
I
I
11
11
S88
I
I 25
25
S89
I
I 27
27
S90
I
I
I
14
14
S91
I
I
I 6
6
S92
I
I
I 6
6
S93
66
66

DocuSign Envelope ID: CD51FD01-E36B-4F19-A558-6F496A6C6CF8
Site
S94
S95
S96
S97
S98
S99
S100
S101
S102
S103
S104
S105
S106
S107
S108
S109
S110
Sill
S112
S113
S114
S115
S116
S117
S118
S119
S120
S121
S122
S123
S124
S125
S126
S127
S128
S129
S130
S131
S132
S133
S134
S135
S136
S137
S138
S139
S140
S141
S142
S143
S144
S145
Permanent
Temporary
Permanent
Temporary
Fill in
Fill in
Fill in
Fill in
Intermittent
Intermittent
Perennial
Perennial
Stream
Stream
Stream
Stream
(linear feet)
(linear feet)
(linear feet)
(linear feet)
62
4
14
15
17
20
22
127
27
25
16
12
8
6
15
13
17
89
20
14
58
14
10
41
2
12
53
68
22
34
37
24
29
10
6
17
21
20
30
7
21
5
6
55
10
9
26
33
22
10
31
Total Stream
Stream Impacts
Impact Requiring
(linear feet) Mitigation
62
4
14
15
17
20
22
16
16
12
8
6
6
15
17
13
21
27
17
20
30
89
20
14
7
21
58
14
5
10
6
41
55
2
12
10
53
68
9
22
26
34
37
33
127
25
24
22
29
10
10
31

DocuSign Envelope ID: CD51FD01-E36B-4F19-A558-6F496A6C6CF8
Site
Permanent
Temporary
Permanent
Temporary
Total
Stream
Fill in
Fill in
Fill in
Fill in
Stream
Impacts
Intermittent
Intermittent
Perennial
Perennial
Impact
Requiring
Stream
Stream
Stream
Stream
(linear feet)
Mitigation
(linear feet)
(linear feet)
(linear feet)
(linear feet)
S146
I
I
I 93
93
S147
I
I
I
50
50
S148
I
I
I 14
14
S149
I
I
I
28
28
S150
I
I
I 10
10
S151
I
I
I 20
20
S152
I
I
I
10
10
S153
I
I 3
I
3
S154
I
I
I 12
12
S155
I
I
I
23
23
S169
I 38
I
I
38
S170
I
I 54
I
54
S171
I
I
I
69
69
S172
I
I
I 18
18
S173
I
I
I
17
17
S174
I
I
I
16
16
S175
I
I
I 12
12
S176
I
I
I
20
20
S177
I
I
I
27
27
S178
I
I
I 12
12
S179
I
I
I
24
24
S180
I
I 18
I
18
S181
I
I 24
I
24
S182
I
I
I
83
83
S183
I 43
I
I
43
S184
I
I
I 22
22
S185
I
I
I
21
21
S186
I
I
I 47
47
S187
I
I
I
11
11
S188
I
I
50
50
S189
I
I
I 8
8
S190
I
I
I
19
19
S191
I
I
I 14
14
S192
I
I
I
14
14
S193
I
I
I 23
23
S194
I
I
I
26
26
S195
I 4
I
I
4
S196
I
I 16
I
16
S197
I
I
I 288
288
S198
I
I
I
16
16
S199
I
I
I 37
37
S200
I
I
I 20
20
S201
I
I
38
38
S202
I
I
I 240
240
S203
I
I
I
16
16
S204
I
I
I 191
191
S205
I
I
I 16
16
S206
I
I
I
8
8
S207
I 72
I
I
72
S208
I
I 15
I
15
S209
I
I
I
19
19

DocuSign Envelope ID: CD51FD01-E36B-4F19-A558-6F496A6C6CF8
Site
Permanent
Temporary
Permanent
Temporary
Total
Fill in
Fill in
Fill in
Fill in
Stream
Intermittent
Intermittent
Perennial
Perennial
Impact
Stream
Stream
Stream
Stream
(linear feet)
(linear feet)
(linear feet)
(linear feet)
(linear feet)
S210
I
I
I 84
84
S211
I
I
I
20
20
S212
I
I
I
20
20
S213
I
I
I 67
67
S214
I
I
I
22
22
S215
I
I 21
I
21
S216
I 6
I
I
6
S217
I
I 419
I
419
S218
I
I
I
50
50
S219
I
I
I
16
16
S220
I
I
67
67
S221
I
I
I 77
77
S222
I
I
I
42
42
S223
I
I
I 50
50
S224
I
I
I
20
20
S225
I
I
I 30
30
S226
I
I
I 24
24
S227
I
I
I
3
3
S228
I
I
I 10
10
S229
I
I
I 23
23
S230
I
I
I
20
20
S231
I
I
209
209
S232
I
I
I
12
12
S233
I
I
I 31
31
S234
I
I
I
20
20
S235
I
I
I 226
226
S236
I
I
I
66
66
S237
I
I
I
361
361
S238
I
I
I 31
31
S239
I
I
I
31
31
S240
I
I
35
35
S241
I
I
I 54
54
S242
I
I
I
65
65
S243
I
I
I 43
43
S244
I
I
I 9
I 9
S245
I
I
I
16
I 16
S246
I
I
I 91
I 91
S247
I
I
I
11
I 11
Total
I 488
I 778
I 4,446
2,497
I 8,209
Total Stream Impact for Project: 4,934 linear feet of permanent and 3,275 feet of temp
Site
W 1(A4)
W2(A13)
W3(A13)
W4(A13)
W5(A13)
W6(A13)
Wetland Impacts in the Little Tennessee River Basin
Permanent Fill Temporary Fill Total Wetland
(acres) (acres) Impact (acres)
010
010
010
070
010
030
.010
.010
.010
.030
.070
.010
Stream
Impacts
Requiring
Mitigation
orary.
Impacts
Requiring
Mitigation
(acres)
.010
.010
.010
.030
.070
.010

DocuSign Envelope ID: CD51FD01-E36B-4F19-A558-6F496A6C6CF8
W7(A13)
I .020
.020
.020
W8(A13)
I .030
.030
.030
W9(A14)
.020
.020
.020
W10(A14)
.010
.010
.010
Wll(A14)
.010
.010
.010
W12(A16)
.090
.090
.090
W13(A18)
.010
.010
.010
W I4(A21)
.010
.010
.010
W15(A23)
.020
.020
.020
W16(A23)
.070
.070
.070
W17(A23)
.110
.110
.110
W18(A23)
.010
.010
.010
W19(A23)
.010
.010
.010
W20(A23
.050
.050
.050
W21(A24)
.020
.020
.020
W22(135)
.010
.010
.010
W23(136)
.060
.060
.060
W24(136)
.010
.010
.010
W25(36)
.010
I
.010
.010
W26(136)
.010
.010
.010
W27(1310)
.030
.030
.030
W28(1312)
.080
.080
.080
W29(1312)
.010
.010
.010
W29(1312)
.010
.010
.010
W30(1315)
.040
.040
.040
W31(1315)
.020
I
.020
.020
W32(1315)
.010
.010
.010
W33(1319)
.010
.010
.010
W33(1319)
.010
.010
.010
W34(1319)
.010
.010
.010
W37(C1)
.010
.010
.010
W38(CI)
.010
.010
.010
W39(C7)
.010
.010
.010
W40(C7)
.010
.010
.010
W41(C7)
.020
.020
.020
W42(C22)
.070
.070
.070
W43(C22)
.010
.010
.010
W44(C22)
.010
.010
.010
Total
0.69
0.42
1.11
1.11
Total Wetland Impact for Project: 0.69 acres of permanent and 0.42 acres of temporary.
Open Water Impacts in the Little Tennessee River Basin
Site
Fill acres
Total Impact acres
01
0.12
0.12
Total
0.12
0.12
Total Open Water Impact for Project: 0.12 acres.
The application provides adequate assurance that the discharge of fill material into the waters of the Little Tennessee
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
December 17, 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 0.1 acre or 300 linear feet, respectively, additional compensatory

DocuSign Envelope ID: CD51FD01-E36B-4F19-A558-6F496A6C6CF8
mitigation may be required as described in 15A NCAC 2H .0506 (c). 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. The permittee will need to adhere to all appropriate in -water work moratoria (including the use of pile
driving or vibration techniques) prescribed by the NC Wildlife Resources Commission. No in -water
work is permitted between January 1 and April 15 of any year, without prior approval from the NC
Division of Water Resources and the NC Wildlife Resources Commission.
In -stream work and land disturbance within the 25-foot buffer zone are prohibited during the trout -
spawning season of January 1 through April 15 to protect the egg and fry stages of trout.
3. Prior to commencing ground disturbing activities, an acceptable monitoring and mitigation plan for the
presence of sulfide -bearing rock must be approved by the NCDWR.
4. The permittee shall use Design Standards in Sensitive Watersheds (15A NCAC 4B.0124[a]-[e]) in areas
draining to Trout waters.
Compensatory mitigation for impacts to 1.11 acres riverine 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 February 10, 2022, 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.
6. Channel relocations at sites 11, 17, and 19 of Section C 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. [I 5A NCAC 02H .0506(b)(3)]
General Conditions
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)]

DocuSign Envelope ID: CD51FD01-E36B-4F19-A558-6F496A6C6CF8
2. 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. [I 5A NCAC 02B.0200]
3. 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)]
4. 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)]
5. 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)]
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
(e)(2)]
7. 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)]
8. 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)]
9. 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)]
10. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification. [I5ANCAC 02H.0506(b)(3)]
11. Discharging hydroseed mixtures and washing out hydro seeders and other equipment in or adjacent to
surface waters is prohibited. [15A NCAC 02H.0506(b)(3)]
12. 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]
13. 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)]
14. 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)]
15. The outside buffer, wetland or water boundary located within the construction corridor approved by this
authorization 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]

DocuSign Envelope ID: CD51FD01-E36B-4F19-A558-6F496A6C6CF8
16. 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.
17. 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)]
18. 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)]
19. 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)]
20. 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)]
21. 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.
22. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise
approved by this Certification. [15A NCAC 02H.0506(b)(3) and (c)(3)]
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 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:OOam and 5:OOpm, except
for official state holidays. The original and one (1) copy of the petition must be filed with the Office of
Administrative Hearings.

DocuSign Envelope ID: CD51FD01-E36B-4F19-A558-6F496A6C6CF8
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: (919)-431-3100
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 February 2022
DIVISION OF WATER RESOURCES
DocuSigned by:
4/�
9C9886312DCD474...
S. Daniel Smith, Director
WQC No. WQC004651

DocuSign Envelope ID: CD51FD01-E36B-4F19-A558-6F496A6C6CF8
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
�� awsvmt°�
NORTH CAROLINA
Environmental Quality
NCDWR Project No.:
Applicant:
Project Name:
County:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant is required to return this certificate to the 401 Transportation Permitting
Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form
may be returned to NCDWR by the applicant, the applicant's authorized agent, or the project engineer. It is not
necessary to send certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature:
Agent's Certification
Date:
I, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Date:
Engineer's Certification
Partial Final
I, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project for the
Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the
construction such that the construction was observed to be built within substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature Registration No.
Date
Q ��� North Carolina Department of Environmental Quality 1 Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center l Raleigh, North Carolina 27699-1617
o•o•��ro� /� 919.707.9000

J�J't, RES�G
'� 90
z H
'yD OF COV13
Eastern Band of Cherokee Indians (EBCI)
Water Quality Office (WQO)
Mailing address:
P.O. Box 1925
Cherokee, NC 28719
Phone [phone]
401 Water Quality Certification
Grant with Special Condition
Applicant: NC Department of Transportation
Physical address:
Water Quality Office
2000 Old #4 Road
Cherokee, NC 29719
Issued: 10/25/2021
Pursuant to CWA Section 401(33 U.S.C.1251,1341), the Eastern Band of Cherokee Indians (EBCI) is
required to certify whether the activity described below will not violate applicable water quality
standards. Accordingly, The EBCI Water Quality Office (WQO) requires reasonable assurance that the
activity will not violate provisions of EBCI Water Quality Standards, Administrative Procedure Act,
Cherokee Code, Chapter 150, provisions of EBCI Fish & Game Regulations and Guidelines, and other
EBCI water protection provisions, law or regulations.
The Eastern Band of Cherokee Indians Water Quality Office (WQO) issues this letter to serve as
notification of water quality certification as required for the road construction/upgrades to NC 143 from
SR 1223 to 0.5 miles north of the Appalachian Trail, Graham County NC.
Based on information submitted as part of the application for a 401 Water Quality Certification, followed
by a Technical Review, the EBCI Water Quality Office and EBCI Fish & Game Office has concluded that
special conditions are required. The logging road at Bowman Lane should not be accessed by equipment
at any time. This logging road is located in a wetland that contains waters with macroinvertebrates,
indicating pristine habitat, and must not be compromised.
Therefore, the EBCI WQO is issuing this grant with special condition of 401 Certification, also subject
to the 401 General Conditions attached. This certification is issued to the NC DOT for the road
construction/upgrades to NC 143 from SR 1223 to 0.5 miles north of the Appalachian Trail, Graham
County NC.
I, Aaron Ducker grant with special and general conditions CWA 401 Water Quality Certification
to the NC DOT for road construction.
Signed
�M"t' �ac'L
Cc: Mr. Michael Bolt, Water Quality Supervisor
EBCI Water Quality Office
[phone]

EBCI 401 CERTIFICATION GENERAL CONDITIONS.
1. Measures shall be taken to prevent or control spills of fuels, lubricants or other toxic
materials used in construction from entering the watercourse.
2. All dredged material shall be removed to an upland location and/or graded on adjacent
areas (so long as such areas are not regulated wetlands), to obtain original streamside
elevations, i.e. overbank flooding shall not be artificially obstructed.
3. In areas not riprapped or otherwise stabilized, revegetation of stream banks and
riparian zones shall occur concurrently with project progression. At a minimum,
revegetation will approximate pre -disturbance conditions.
4. To the maximum extent practicable, all instream work under this certification shall be
performed during low flow.
Heavy equipment, e.g. bulldozers, backhoes, draglines, etc., if required for this project,
should not be used or operated within the stream channel. In those instances where
such instream work is unavoidable, then it shall be performed in such a manner and
duration as to minimize suspension of sediments and disturbance to substrates and
bank or riparian vegetation.
6. Any fill or riprap including refuse fill, shall be of such composition that it will not
adversely affect the biological, chemical or physical properties of the receiving waters
and/or cause violations of water quality standards. If riprap is utilized, it is to be of
such weight and size that bank stress or slump conditions will not be created because
of its placement.
7. If there are water supply intakes located downstream that may be affected by increased
turbidity and suspended solids, the permittee shall notify the operator when work will
be done.
8. Removal of existing riparian vegetation should be restricted to the minimum necessary
for project construction.
9. Should evidence of stream pollution or jurisdictional wetland impairment and/or
violations of water quality standards occur as a result of this activity (either from a
spill or other forms of water pollution), the EBCI Water Quality Section shall be
notified immediately by calling 828-359-6772.
* EBCI Water Quality Standards are incorporated as Section 113E of the Cherokee Code.
EBCI Water Quality Office
[phone]

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Mitigation Responsibility Transfer Form
Permittee: North Carolina Department of Transportation (NCDOT) Action ID: SAW-2009-01346
Project Name: A009C US 129, NC 143, and NC 28 Improvement Project County: Graham
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure
that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed copy of this
form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be
used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one
8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor
and/or HUC must be provided to the appropriate mitigation Sponsors.
Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at the
identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of
whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank
ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and
the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all
reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements
Permitted Impacts Requiring Mitigation*: 8-digit HUC and Basin: 06010202, Little Tennessee River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
1,944
0.09
*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: 06010202, Little Tennessee River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
3,335
0.17
Mitigation Site Debited: NC DMS
(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 USACE, are
currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the
required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigation Sponsor Name:
Name of Sponsor's Authorized Representative:
Signature of Sponsor's Authorized Representative Date of Signature
Page 1 of 2 Form Updated 14 September, 2017

USACE Wilmington District
Compensatory Mitigation Responsibility Transfer Form, Page 2
Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions.
• Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after
the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted
responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North
Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit
issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit
issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming that the
Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
• Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative
records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE
Project Manager (address below) is provided with a signed copy of this form.
• If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the USACE, the Sponsor must obtain case -by -case approval from the USACE Project Manager and/or North Carolina
Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance
and a new version of this form must be completed and included in the USACE administrative records for both the permit
and the Bank/ILF Instrument.
Comments/Additional Conditions:
This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once
signed, the Sponsor should provide copies of this form along with an updated bank ledger to:1) the Permittee, 2) the USACE
Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell, 3331 Heritage
Trade Drive, Suite 105, Wake Forest, NC 27587 (email. [e-mail]). Questions regarding this form or
any of the permit conditions may be directed to the USACE Project Manager below.
USACE Project Manager: Crystal Amschler
USACE Field Office: Asheville Regulatory Field Office
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
Email:
Crsta I AmschlerDate: Digitally signed by Crystal Amschler
Y2022.O�, Je%�r1agatP4'00'
USACE 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.mi1.
Page 2 of 2
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the
Customer Satisfaction Survey located at our website at http://regulatory.usacesurvey.com/ to complete the survey online.

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Mitigation Responsibility Transfer Form
Permittee: North Carolina Department of Transportation (NCDOT) Action ID: SAW-2009-01346
Project Name: A009C US 129, NC 143, and NC 28 Improvement Proiiect County: Graham
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure
that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed copy of this
form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be
used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one
8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor
and/or HUC must be provided to the appropriate mitigation Sponsors.
Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at the
identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of
whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank
ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and
the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all
reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements
Permitted Impacts Requiring Mitigation*: 8-digit HUC and Basin: 06010204, Little Tennessee River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
1,490
0.697
*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: 06010204, Little Tennessee River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
2,917
1.32
Mitigation Site Debited: NC DMS
(List the name of the bank to be debited. For umbrella banks, also list the specific site.
acceptance letter identifies a specific site, also list the specific site to be debited).
For NCDMS, list NCDMS. If the NCDMS
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 USACE, are
currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the
required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigation Sponsor Name:
Name of Sponsor's Authorized Representative:
Signature of Sponsor's Authorized Representative Date of Signature
Page 1 of 2 Form Updated 14 September, 2017

USACE Wilmington District
Compensatory Mitigation Responsibility Transfer Form, Page 2
Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions.
• Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after
the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted
responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North
Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit
issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit
issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming that the
Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
• Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative
records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE
Project Manager (address below) is provided with a signed copy of this form.
• If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the USACE, the Sponsor must obtain case -by -case approval from the USACE Project Manager and/or North Carolina
Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance
and a new version of this form must be completed and included in the USACE administrative records for both the permit
and the Bank/ILF Instrument.
Comments/Additional Conditions:
This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once
signed, the Sponsor should provide copies of this form along with an updated bank ledger to:1) the Permittee, 2) the USACE
Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell, 3331 Heritage
Trade Drive, Suite 105, Wake Forest, NC 27587 (email: todd. tugwell@usace. army. mil). Questions regarding this form or
any of the permit conditions may be directed to the USACE Project Manager below.
USACE Project Manager: Crystal Amschler
USACE Field Office: Asheville Regulatory Field Office
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
Email:
Crystal Amschler
Digitally signed by Crystal Amschler
Date: 2022.06.30 19:37:14-04'00'
Click here to enter a date.
USACE 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.
Page 2 of 2
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the
Customer Satisfaction Survey located at our website at http://regulatorV.usacesurvey.com/ to complete the survey online.