20230686 Ver 1_USACE Permit_20231103

\% DEPARTMENT OF THE ARMY
_ WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
November 3, 2023
Regulatory Division
Action ID: SAW-2023-00994
Greater Asheville Regional Airport Authority
Attn: Mr. Michael Reisman
61 Terminal Drive
Fletcher, NC 28732
Dear Mr. Reisman:
In accordance with your written request of May 9, 2023, and the ensuing
administrative record, enclosed is a copy of a permit to place fill in 745 linear feet of
stream channels and 0.064 acre of wetlands in order to construct additional parking off
Terminal Drive and adjacent to Rental Car Drive, at the Asheville Regional Airport
located at 61 Terminal Drive, in Asheville, NC.
You should acknowledge that you accept the terms and conditions of the enclosed
permit by signing and dating in the space provided ("Permittee" on page 3). Your
signature, as permittee, indicates that, as consideration for the issuance of this permit,
you voluntarily accept and agree to comply with all of the terms and conditions of this
permit. All pages of the signed permit with drawings should then be returned to this
office for final authorization. A self-addressed envelope is enclosed for your
convenience.
Title 33, Part 325.1(f), of the Code of Federal Regulations reads, in part, that, "A
$10 fee will be charged for permit applications when the work is noncommercial in
nature and provides personal benefits that have no connection with a commercial
enterprise...", and "A fee of $100 will be charged for permit applications when the
planned or ultimate purpose of the project is commercial or industrial in nature and is in
support of operations that charge for the production, distribution, or sale of goods or
services." As your application fits the latter category, you are requested to remit your
payment electronically via Pay.gov (https://www.pay.gov). Pay.gov instructions can be
found at https://usace.contentdm.ocic.org/utils/getfile/collection/pl6021coll11/id/5786.
As an option, you may choose to pay with a check for $100, made payable to the
Finance and Accounting Officer, USAED, Wilmington. The check should accompany
the signed and dated copy of your permit.
This correspondence contains a proffered permit for the above -described site. If
you object to this decision, you may request an administrative appeal under Corps
regulations at 33 CFR part 331. Enclosed you will find a Notification of Appeal Process
(NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this
decision you must submit a completed RFA form to the following address:

District Engineer, Wilmington Regulatory Division
Attn: Amanda Jones Fuemmeler
69 Darlington Avenue
Wilmington, North Carolina 28403
In order for an RFA to be accepted by the Corps, the Corps must determine that it is
complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has
been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by December
30, 2023.
It is not necessary to submit an RFA form to the Division Office if you do not object
to the decision contained in this correspondence. After the permit is authorized in this
office, we will then return the signed permit to you. If you have questions, please
contact Ms. Amanda Jones Fuemmeler at the Asheville Regulatory Field Office,
telephone [phone], extension 4225 or via email at
amanda.jones(a)-usace.army.m il.
Thank you in advance for completing our Customer Survey Form. This can be
accomplished by visiting our website at
http://corpsmapu.usace.army.mil/cm apex/f?p=136:4:0 and completing the survey on-
line. We value your comments and appreciate your taking the time to complete a
survey each time you interact with our office.
FOR THE COMMANDER Sincerely,
JONES.MICHAEL.SCOT
�GoD� 2023.1 1.03 08:53:33
-04'00'
Scott Jones, PWS
Chief, Asheville Regulatory Field Office
Enclosures
Copy Furnished w/attachments:
Mr. Eric Romaniszyn, EnviroScience, Inc.
eromaniszyn(a)-enviroscienceinc.com
Ms. Sue Homewood, NC Division of Water Resources
sue. homewood(a)-ncdenr.gov
Mr. Todd Bowers, EPA
Bowe rs.todd(a)-epa.gov

DEPARTMENT OF THE ARMY PERMIT
Permittee Greater Asheville Regional Airport Authority, Attn: Mr. Michael Reisman
Permit No. SAW-2023-00994
Issuing Office SAW-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:
To place fill in 745 linear feet of stream channels and 0.064 acre of wetlands in order to construct additional parking off
Terminal Drive and adjacent to Rental Car Drive, at the Asheville Regional Airport located at 61 Terminal Drive, in Asheville,
NC.
Project Location:
Asheville Regional Airport, 61 Terminal Drive, Asheville, NC.
Permit Conditions:
General Conditions:
1. The time limit for completing the work authorized ends on 12/31/2028 . 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.
ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE. (33 CFR 325 (Appendix A))

5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions
specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is
attached if it contains such conditions.
6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary
to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit,
Special Conditions:
SEE ATTACHED SPECIAL CONDITIONS
Further Information:
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).
7 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.
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.
(REVERSE OF ENG FORM 1721)

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).
b. Significant new information surfaces which this office did not consider in reaching the original public interest
decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and
revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR
326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order
requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where
appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply
with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the
corrective measures by contract or otherwise and bill you for the cost.
6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit,
unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation
of the public interest decision, the Corps will normally give favorable consideration to a request for an extension
of this time limit.
Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of
this permit.
(PERMITTEE) GREATER ASHEVILLE REGIONAL AIRPORT (DATE)
AUTHORITY
This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed
below.
(DISTRICT COMMANDER) BRAD MORGAN
COLONEL, U.S. ARMY
DISTRICT COMMANDER
(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

AID: 2023-00994
Asheville Regional Airport Parking Expansion
Special Permit Conditions
a. Work Limits: All work authorized by this permit shall be performed in strict
compliance with the attached permit plans dated May 2023, which are a part of this
permit. The Permittee shall ensure that the construction design plans for this project
do not deviate from the permit plans attached to this authorization. Any modification
to the attached permit plans must be approved by the U.S. Army Corps of
Engineers (Corps) prior to any active construction in waters or wetlands.
b. Unauthorized Dredge and/or Fill: Except as authorized by this permit or any
Corps -approved modification to this permit, no excavation, fill or mechanized land -
clearing activities shall take place at any time in the construction or maintenance of
this project, within waters or wetlands. This permit does not authorize temporary
placement or double handling of excavated or fill material within waters or wetlands
outside the permitted area. This prohibition applies to all borrow and fill activities
connected with this project.
c. 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 and drawings shall be available
at the project site during construction and maintenance of this project.
d. Preconstruction Meeting: The Permittee shall conduct an onsite preconstruction
meeting between its representatives, the contractor's representatives, and the
appropriate U.S. Army Corps of Engineers Project Manager prior to undertaking any
work within jurisdictional waters and wetlands to ensure that there is a mutual
understanding of all terms and conditions contained within the Department of the
Army permit. The Permittee shall schedule the preconstruction meeting for a time
frame when the Corps and NCDWR Project Managers can attend. The Permittee
shall invite the Corps and NCDWR Project Managers a minimum of thirty (30) days
in advance of the scheduled meeting to provide those individuals with ample
opportunity to schedule and participate in the required meeting. The thirty (30) day
requirement can be waived with the concurrence of the Corps.
e. 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.

f. 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: Amanda
Jones Fuemmeler, 151 Patton Avenue, Room 208, Asheville, NC 28801, or
[e-mail]. The Permittee shall reference the following permit
number, AID: 2023-00994, on all submittals.
g. 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.
h. Reporting Violations: Violation of these permit conditions or violation of Section
404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act shall be
reported to the Corps in writing and by telephone at: 828-271-7980 within 24 hours
of the Permittee's discovery of the violation.
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: Amanda Jones Fuemmeler, 151
Patton Avenue, Room 208, Asheville, NC 28801 (828-271-7980 ext. 4225) will be
immediately notified to initiate the required Federal coordination.
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.
k. 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 to ensure compliance with the appropriate turbidity
water quality standards. This shall include, but is not limited to, the immediate
installation of silt fencing or similar appropriate devices around all areas subject
to soil disturbance or the movement of earthen fill, and the immediate
stabilization of all disturbed areas. Additionally, the project shall remain in full
compliance with all aspects of the Sedimentation Pollution Control Act of 1973
(North Carolina General Statutes Chapter 113A Article 4). Adequate
sedimentation and erosion control measures shall be implemented prior to any
ground disturbing activities to minimize impacts to downstream aquatic
resources. These measures shall be inspected and maintained regularly,
especially following rainfall events. All fill material shall be adequately stabilized
at the earliest practicable date to prevent sediment from entering adjacent waters
or wetlands.
L. Clean Fill: The Permittee shall use only clean fill material for this project. The fill
material shall be free of items such as trash, construction debris, metal and
plastic products, and concrete block with exposed metal reinforcement bars.
Soils used for fill shall not be contaminated with any toxic substance in
concentrations governed by Section 307 of the Clean Water Act. Unless
otherwise authorized by this permit, all fill material placed in waters or wetlands
shall be generated from an upland source.

m. 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 Resources at [phone] or [phone] and provisions of
the North Carolina Oil Pollution and Hazardous Substances Control Act shall be
followed.
n. Prohibitions on Concrete: The Permittee shall take measures necessary to
prevent live or fresh concrete, including bags of uncured concrete, from coming into
contact with any water in or entering 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).
o. Compensatory Mitigation: 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.