20001195 Ver 15_Corps of Engineer Correspondence_20151030

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
151 PATTON AVENUE
ROOM 208
ASHEVILLE, NORTH CAROLINA 28801-5006
October 231, 2015
Regulatory Division
Action ID: SAW-2014-00838
Federal Aviation Administration (FAA)
Attn: Ms. Courtney Nolan
AJW-E 11 D
1701 Columbia Avenue
College Park, Georgia 30337
Dear Ms. Nolan:
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OC.[' e 0 2015
DE " A F E R
401 P _.- . iRA '-s
In accordance with your written request of September 2, 2014 and the ensuing administrative
record, enclosed are two copies of a permit authorizing the impact to 709 linear foot of
intermittent stream channel and 0.007 acres of wetlands associated with the construction of a
new Airport Traffic Control Tower (ATCT) and Terminal Radar Approach Control (TRACON)
building at the Charlotte-Douglas International Airport (CLT).
You should acknowledge that you accept the terms and conditions of the enclosed permit by
signing and dating each copy in the spaces 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 pen-nit. All pages of both copies
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 check for $100, made payable to the Finance and Accounting Officer,
USAED, Wilmington. The check should accompany the signed and dated copies 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:

Ms. Karen Higgins
North Carolina Department of
Environment and Natural Resources
Division of Water Resources
Mail service center
1650 Mail Service Center,
Raleigh, North Carolina 27699-1650
Mr. Todd Bowers
Permit Review Specialist
Wetlands Regulatory Section
USEPA — Region 4
Sam Nunn Atlanta Federal Center
61 Forsyth Street, SW
Atlanta, Georgia 30303-8960
Ms. Shari Bryant
Western Piedmont Coordinator
NCWRC
1.721 Mail Service Center
Raleigh, North Carolina 27699
US Fish and Wildlife Service
Asheville Ecological Services Field Office
Attn: Janet Mizzi
160 Zillicoa Street
Asheville, NC 28801

DEPARTMENT OF THE ARMY PERMIT
Permittee FEDERAL AVIATION ADMINISTRATION
Permit No. SAW - 2014 -00838
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 project involves the construction of a new Airport Traffic Control Tower
(ATCT) and Terminal Radar Approach Control (TRACON) building and attendant facilities, and
will result in the permanent impact to 709 linear foot of intermittent stream channel and 0.007
acres of wetlands.
Project Location: Charlotte- Douglas International Airport (CLT), Mecklenburg County, NC
Permit Conditions:
General Conditions:
1. The time limit for completing the work authorized ends on December 31, 2020. 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.
ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE. (33 CPR 325 (Appendix A))

4. If you sell the property associated with this permit, you must obtain the sionatUre of the new owner in the space provided
and forward u copy uf the permit io this office ou validate the transfer o[ this authorization.
5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified
in the certification us special conditions <n this permit. For your convenience, a copy of the certification ia attached ifit
contains such conditions.
6. You must allow representatives from this office to inspect the authorized activity ot any time deemed necessary to ensure
that itiobcbuAor has been accomplished ionoordanco"/hh the terms and conditions of your permit,
Special Conditions:
SEE ATTACHED SPECIAL CONDITIONS
Further Information:
l. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:
( ) Section |Ooy the Rivers and Harbors Act of|8yo(33D.S.C.403).
(X) Section 404 of the Clean Water Act (33 U.S.C. ]344).
( ) Section |83of the Marine Protection, KuacnrubundSunctum6uaAc of|g72(33U.G.C. 1413).
2. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, state, mlocal authorizations required by law.
h. This permit does not grant any property rights m exclusive privileges.
c. This permit does not authorize any injury u» the property or rights ufothers.
d. This permit does not authorize interference with any existing orproposed Federal project.
3. Limits nf Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following:
u. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural
causes.
h. Damages to the permitted project nr uses thereof oa ureook of current or future uobvidcu undertaken by oroubehalf
of the United States io the public iui*rooL
c. Damages to purooua, property, or/o other permitted oronpcnoiUcdactivities or structures caused hy the activity
authorized by this permit.
d. Design or construction dcficiunoicaassociated with the permitted work.
o. Damage clairris associated with any future modification, suspension, or revocation of this permit.

4� Reliance on Applicant's Data: The dcwrn imoion of this office that issuance of this punnb is not contrary to the public
interest was made ioreliance on the information you provided.
5. Reevaluation of Permit Decision. This office may cucvu|m4c its decision on this permit at any time the circumstances
nanom. Circumstances that could require arcevu|uuion include, but are not limited to, the following:
u. You fail tn comply with the terms and conditions oftbiopermit.
b. The information provided by you in support of your permit application proves to have been false, incomplete, or
inaccurate (See 4ubmvo).
c. Significant new information surfaces which this office did not consider in reaching the original public interest decision.
Such u reevaluation may oyuU in u determination that it is appropriate to use the ouupuuoim\ modification, and revocation
procedures contained in 33 CBl3257 or enforcement procedures such aa those contained in 33 CEK326.4 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 pcnnh 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 tocomply with such directive, this office may in certain situations
(such as |bomu opcoiGcd in 33 CRK20o.|70) accomplish the corrective measures by contract urotherwise and bill you for the
cost.
6. Extensions. General condition | establishes u 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, uypenmittee. indicates that you accept and agree to comply with the terms and conditions of this permit.
(P6RMITTEE)FEDERAL AVIATION
ADMINISTRATION
This pen-nit becomes effective when the Federal official, designated Nact for the Secretary of the Army, has signed below.
(DISTRICT COMMANDER) KEVIN |P,LANNERS,SR. (DA ?Z)
COLONEL
When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and
conditions ofthis permit will continue tobu binding oo the new nvmec(o) nf 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
hu|ovv.
*1 J.S GOVERNMENT PRINTING OFFICE 1986 - 717-425

Applicant: Federal Aviation Administration File Number: Date:
(FAA) SAW- 2014 -00838 October 23, 2015
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
i Additional information may be found at htto- / /www.usace. armv. millinetlfunctions /cw /cecwo /reu or
Corps regulations at 33 C:FR 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 pen-nit 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
1 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 terns and conditions, and approved jurisdictional determinations associated with the
i permit.
OBJECT: If you object to the permit (Standard or LOP) because of certain teens 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 pen-nit to address some of your
objections, or (c) not modify the permit having detennined 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
0 ACCEPT: If you received a Standard Permit, you may sign the pennit 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 pen-nit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
j
permit.
Y APPEAL: If you choose to decline the proffered pen-nit (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 forn 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 OB.IECTIONS: (Describe your reasons for appealing the decision or your objections to all 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 gONTnpCTegFOdR QUESTIONS OR oFORMATI ©yNou he ing this deon anr the only have questions regarding the appeal process you may
appeal process you may contact: also contact:
District Engineer, Wilmington Regulatory Division,
Attn: Crystal Anischler
USACE
Mr. Jason Steele, Administrative Appeal Review Officer
CESAD-PDO
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room I OM 15
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 opportunity to participate in all site investigations.
Date: Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Crystal Arnschler, 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. Jason Steele,
Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room IOMIS, Atlanta, Georgia
30303-8801 Phone: [phone]

ff''iffil A I �, 1,44 .
Failure to institute and uuny out the details of the following special conditions will result in a
directive to ocayc all ongoing and pen-nitted work within waters of the U.S. associated with the
permitted project, or such other remedies and/or fine usthe Wilmington District Envinccr, or his
authorized representatives, seek
u, CONSTRUCTION PLANS: All work authorized by this must be performed in
strict compliance with the attached plans l0/2|/20l4, which are a part nf this permit. Any
modification to these plans must be approved by the US Annv Corps of Engineers UJS/\CFl
prior to mn}cmootu1
h. UNAUTHORIZED DREDGE OR FILL: Except ua authorized bw this permit orany
[lS/\CE approved modification to this permit, no excavation, fill or mechanized land-
clearing activities shall take place at any t1ine in the construction or maintenance of this
yr(Ycc t` within waters wetlands. This permit does not autho ' ze temporary p| oceocn t
or
double hund)/ n-o [ excavated or material within wo| crsnrxetl uo d uou|y/ d 1hcycnn/ tic d
area. This prohibition applies to all borrow and fill activities connected witil this project.
u. MAINTAIN CIRCULATION AND FLOW OF WATERS: Except as specified in the
plans attached to this permit, no excavation, fill or mechanized land-clearing activities shall
1ukc nJocu at any time in the construction or maintenance o[thispn4ec1, in such urounncr as
to impair normal flows and circulation patterns within waters or wetlands or to reduce the
reach o[waters or wetlands.
d, PROHIBITIONS ON : The shall take measures ho prevent live or
fresh concrete, including bags of uncured concrete, from coming into contact with any water
in nr entering into vvo1erx of the United States. Water inside coffer dams orcasings that has
been in contact with concrete shall only bereturned to vvzdero o[thu United States when i1no
longer poses u threat tu aquatic organisms (concrete is set and cured).
RELATED LAWS
c. WATER CONTAMINATION: All mechanized cn\wU|bcrrmJnrk/ inspected and
maintained k` prevent contamination of'v,u{cro and wetlands from fuels, lubricants, ic
fluidsmother toxic materials. In the event o[u spill o[petroleurn products orany other
hazardous waste, the permittee shall immediately report it to the N.C. Division of Water
Resources m1(9lg) 733-330Onr(80O) 05H-A36@ and provisions of the North Carolina Oil
Pollution and Hozurdouu Substances Control Act will bcfollowed.
f. NC0}WR 401Coft:hn accordance with ]3iJ.S.C.l34l(J), all conditions oF the North

Carolina Division of Water Resources 401 Water Resources Certification No. 3845 Dated
December 22, 2010 are hereby incorporated as special conditions of this permit.
lu A] u- 101INIZEIVOT"
g. CLEAN FILL: Unless otherwise authorized by this permit, all fill material placed in waters
or wetlands shall be generated from an upland source and will be clean and free of any
pollutants except in trace quantities. Metal products, organic materials (including debris from
land clearing activities), or unsightly debris will not be used. Soils used for fill shall not be
contaminated with any toxic substance in concentrations governed by Section 307 of the
Clean Water Act.
h. PERMIT DISTRIBUTION: The pen-nittee 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 pen-nit. A copy of this permit,
including all conditions, shall be available at the project site during construction and
maintenance of this project.
i. SILT-FENCING: The pen-nittee shall employ all sedimentation and erosion control
measures necessary to prevent an increase in sedimentation or turbidity within waters and
wetlands outside the permit area. 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 must remain in full compliance with all aspects of the
Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter I I 3A
Article 4).
j. 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.
k. EROSION CONTROL MEASURES IN WETLANDS: The permittee shall remove all
sediment and erosion control measures placed in wetlands or waters, and shall restore natural
grades in those areas, prior to project completion.
REPORTING VIOLATIONS OF THE CLEAN WATER ACT AND RIVERS AND
HARBORS ACT: Violation of these conditions or violation of Section 404 of the Clean
Water Act of Section 10 of the Rivers and Harbors Act must be reported in writing to the
Wilmington District U.S. Army Corps of Engineers within 24 hours of the permitee's
discovery of the violation.
m. 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.
n. 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 pen-nit authorization.
ESA
o. 'THREATENED AND ENDANGER-ED SPECIES: All necessary precautions and
measures will be implemented so that any activity will not kill, injure, capture, harass, or
measures will be implemented so that any activity will not kill, injure, capture, harass, or
otherwise harm any protected federally listed species. While accomplishing the authorized
work, if the permittee discovers or observes a damaged or hurt listed endangered or
threatened species, the District Engineer will be immediately notified to initiate the required
Federal coordination. The following additional conditions will be implemented regarding
endangered species:
(I ) In order to ensure that the project does not result in any adverse affects to the Northern
long-eared bat (NLEB) (Myoils selWentrionalis), a tree cutting moratorium of May 15-
August 15 will be in effect.

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Mitigation Responsibilitv Transfer Forl
Pennittee: Federal Aviation Administration (rAA) Action ID: SAW-2014-00838
Project Name: Charlotte- Doualas International Airvort, ATC'r/FRACON County: Mecklenburg
Instructions to Pennhtee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Ecosystem Enhancement Program (N[EEP), who will then sign the form tn 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 nfe signed
copy of this fnnn 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 (HUq' multiple forms will be attached tn 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 shown below are available at the
identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of
whether nr not they have received payment from the Permiuee. Once the form is signed' the Sponsor must update the
appropriate ledger and provide a copy of the signed fnnn to the Permiuee and to the U5A[E Bank/|n-Lieu Fee Program
Manager. The Sponsor must also comply with all reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements:
Permitted Impacts Requiring Mitigation* &digitHUC and Basin: 08O50103 Catawba River Basin
Stream Impacts (linear feet) Wetland Impacts (acres)
| | Riparian | Riparian | Non-Riparian Coastal
709 1 1 1 1
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements: O-digbHUC and Basin: oso4OIu5 Yadkin River Basin
Stream Mitigation (credits) Wetland Mitigation (credits)
Riparian Riparian ��nn [ou| Cold Non-Riparian Coastal
Riverine Non-riverine
| 709
Mitigation Site Debited: NCDIVIS
(List the name nf the bank tobe debited. For umbrella banks ' also list the specific site. For N[EEP, list NCEEP.|f the NCEEP
acceptance letter identifies a specific site, also list the specific site to be debited).
Section mbo completed bythe Mitigation Sponsor
Statement of Mitigation Liability Acceptance: |' the undersigned, verify that | am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and | 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
0 number shown. | also verify that released credits (and/o, advance credits for NCEEP)' as approved by the U5ACE, are
currently available at the mitigation site identified above. Further, | understand that if the Sponsor fails to provide the
required compensatory mitigation, the U5ACE 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 lof2 Form Updated l8 September, 2O12

USACE Wilmington District
Compensatory Mitigation Responsibility Transfer Form, Page 2
Conditions for Transfer nfCompensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the U5ACE is in receipt of the signed form' the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Pennhtee 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 USA[E is in receipt of 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 Permiuee, Mitigation Sponsor, and in the USA[E
administrative records for both the permit and the Bank/|LF Instrument. |tisthe Permiuee'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 U5A[E' the Sponsor must obtain case-by-case approval from the U5A[E Project Manager and/or North Carolina
Interagency Review Team <NORT>. 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 8ank/|LFInstrument.
Comments/Additional Conditions:
This form is not valid unless signed by the mitigation Sponsor and U5A[E Project Manager. For questions regarding this
form or any of the conditions of the permit authorization, contact the Project Manager at the address below.
uSxCE Project Manager:
USACE Field Office:
Email:
Crysxe|Amsch|er
Asheville Regulatory Field Office
US Army Corps ofEngineers
15I Patton Avenue, Room ZO8
Asheville, North Carolina 28DOl'5006
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 Onoupings) is
available at htto://ribits.usace.armv.mil.
Page 2 of 2
The Wilmington District is committed no providing the highest level m support m the public. n, help us ensure °e continue muo so, please complete the
Customer Satisfaction Survey located at our website at httr)://reRulatorv.usacesurvev.com/ to complete the su rvey online.

rq
1,1, WETLAND IMPACTS
1
WETlANf)
h±AlviE gg IMPACT AREA
0.007 ACRE
TOTAL 0007 ACRE
NE TIAND IMPACT AREAS

North Carolina Department nf Environmental (lUalit«
Pat McCrory
Governor
October 13'2O15
Federal Aviation Administration
Terminal Engineering Center
At n: Ms. Courtney ]. Nolan, P. E.
PD Box Z0G36
Atlanta, 6A3Q32O
Donald R. van der Vaart
Secretary
DVVR#00-I195V1S
Mecklenburg County
Subject: Approval of Individual 401 Water Quality Certification with Additional Conditions
[LT Airport Traffic Control Tower Project
USACE Action ID. No. SAVV-2014-00838
Dear Ms. ND/am
Attached hereto is a copy ofCertification No. 4834 issued to Ms, Courtney J. Nolan and Federal
Aviation Administration, dated October 13, 2015. Please note that you should get any other
federal, state orlocal permits before proceeding with the subject project, including those required
by (but not limited t0) Sediment and Erosion Control, Non-Discharge, and Water Supply
Watershed regulations,
This approval and its conditions are final and binding unless contested, This Certification can be
contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an
administrative hearingtothe Office of Administrative Hearings (hereby known as0AH)VVithinshxtv
(60) calendar days.
A petition form may be obtained from the OAH ath nrbvcaUing the OAH
Clerk's Of�ceat(919)431-3OOO for inforrnat|0n. Ap�dtiDn isconsidencdfiled when the original
and One (I) copy along with any applicable OAH filing fee is received in the OAH during normal
office hours /Monday through Friday between 8:00arn and 5�00pm, excluding official state
The petition may be faxed to the OAH at (919) 43I`3I00, provided the original and one copy of
the petition along with any applicable OAH filing fee is received bythe OAH within five (5) business
days following the faxed transmission.
Dw&Nn�N'nmrRmm_­u�ce -401& 'Buffer PamibngU,N
1817 Mad Service Cen��Raleiak,NcmhCamhna27699_1817
Looetinn. 512QDa|iyiu�y SLRae(QA.NoithCard/na276O

Mailing address for the DAH:
If sending via UJ Postal Service:
Office VfAdministrative Hearings
6724 Mail Service Center
Raleigh, NC 27699-6714
Federal Aviation Administration
DWRtt 00-2195 V15
Individual Certification #4034
Page Zot7
!fsending via delivery service (UPS'FedEx, etc
Office of Administrative Hearings
17lI New Hope Church Road
Raleigh, N[276O9-6385
One (1) copy of the petition must also be served to DENR:
Sam K4. Hayes, General Counsel
Department of Environmental Quality
IGOl Mail Service Center
Raleigh, N[37G99'I60I
This certification completes the review of the Division Linder section 401 of the Clean Water Act
and I5AN[A[O2H.O503. Contact Alan Johnson at704-Z]5'ZJOOor al if
you have any questions orconcerns,
Sincerely,
Karen Higgins, Supen/isorL/
401 & Buffer Permitting Unit
cc: Mr. Charles Benton, AECOM/URS, 1600 Perimeter Park Drive, Morrisville, NC 27560
USA[E Asheville Regulatory Field Office
Todd Bowers, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303
DVVRMR{)4O1file
DWR 401 & Buffer Permitting Unit file
Filename: 0Ol195Vl5ChadutteDuuglas}ntAirportTraffic[untm[TVwer(Meck|enburg)_4O��[.docx

Federal Aviation Administration
Individual Certification #4034
Page 3 of 7
The State of North Carolina certifies that this activity will not violate the applicable portions of
Sections ]O1,3O2,3Q],3O6, 307 of the Public Laws 92'5DO and PLq5-217 if conducted in
accordance with the application, the supporting documentation, and conditions hereinafter set
forth.
1111 11 Bill'
The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification are met. No other impacts are approved, including
incidental impacts. [15A NCAC 02H 0506 (b) & (c)]
�
Type ofImpact Amount Approved Amount Approved
Permanent Temporary
� Wetlands �
_
,�-_
Site / 0.007 (acre) | U(acre)
Streams
Site 1 709 (linear feet) . O (linear feet) -
��__�
Mitigation must be provided for the proposed wetland impacts as specified in the table
below. The Division has received an acceptance letter from the NC Division of Mitigation
Services (DMS) to meet this mitigation requirement. Until the DMS receives and clears yo
payment, and proof of payment has been provided to this Office, impacts specified in this
Authorization Certificate shall occur. For accounting purposes, this Authorization Certifical
?uthorizes payment to the DMS to meet the following compensatory mitigatic-��
requirement [15A NCAC 02H 0506 (b)(6)]:

Federal Aviation Administration
ovvR#OU-l195VlS
Individual Certification #4U34
Page 4of7
Compensatory
River and
Mitigation Required
Sub-basin
|
Number
Catawba/
--'
Streams
| 709 (linear
/
` '
03050103
3. Stormwater Management Plan
You are required to provide one copy of the approved SMP, including plan details on full-sized plan
sheets, with proof of City uf Charlotte's approval. The approved SK4P shall be submitted tn the DVVR
4U1J' Buffer Permitting Unit (l6I7 Mail Service Center, Raleigh, NC I7699'1617) before any
impacts authorized in this certification occur. After his approved and submitted to the Division, the
SMP may not be modified without prior written authorization from City of Charlotte. /y the Sk4Pis
modified in the future, then you shall provide one modified SMP with proof of approval to the DWR
401 &Buffer Permitting Unit prior to the commencement of the modifications. [15ANCACO2H
4. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre-Construction Notification for this
project. All construction activities, including the design, installation, operation, and
maintenance of sediment and erosion control Best Management Practices shall be
performed so that no violations of state water quality standards, statutes, or rules occur.
Approved plans and specifications for this project are incorporated by reference and are
enforceable parts of this permit. [15A NCAC 02H .0501 and .0502]
5. Sediment and Erosion Control
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. |f applicable, the project must comply with the specific conditions
and requirements of the NPDES Construction Sturmnvvater Permit issued to the site and the
following requirements [15ANCA[02H .0506(b)(3) and (c)/3Q:
a. 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.
b. 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.
c. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and

Federal Aviation Administration
Individual Certification 44034
d. Sufficient materials required for stabilization and/or repair of erosion contmi.,
measures and stormwater routing and treatment shall be on site at all times.
W4 194 E 71 M L 940�1 NO
All work in or adjacent to stream waters shall be conducted so that the flowing stream does
not come in contact with the disturbed area, Approved best management practices from the
most current version of the NC Sediment and Erosion Control Manual, or the NC DOT
and other diversion structures shall be used to minimize excavation in flowing water. [15A
ms mwffllmsmmz:�
if concrete is used during the construction, then all necessary measures shall be taken to
prevent direct contact between uncured or curing concrete and waters of the state. Water
that inadvertently contacts uncured concrete shall not be discharged to waters of the state
due to the potential for elevated pH and possible aquatic life/fish kills. [15A NCAC 02B .0200]
10. Any riprap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the approved
construction activity. All riprap shall be buried and/or "keyed in" such that the original
stream elevation and streambank contours are restored and maintained. Placement of ripra,*,

Federal Aviation Administration
DVVR#QO-1lg5Vl5
Individual Certification #4O34
Page 6of7
or other approved materials shall not result in de-stabilization of the stream bed or banks
upstream or downstream of the area. [15A NCAC 02H .0506(b)(2))
11. Any riprap used for stream stabilization shall be of a size and density to prevent movement by
wave action, current action, or stream flows and consist of clean rock or masonry material
free of debris or toxic pollutants. Riprup shall not be installed in the streannbad except in
specific areas required for velocity control and to ensure integrity of bank stabilization
measures. [15ANCACO2H.0506(b)(2)]
12�Aone-time application of fertilizer to re-establish vegetation is allowed in disturbed areas
including riparian buffers, but is restricted to no closer than 10 feet from top of bank of
streams. Any fertilizer application must comply with all other Federal, State and Local
regulations. [15AN[A[028.0231l
13. This Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or Local approvals,
l4. Continuing Compliance
Ms. Courtney J. Nolan and Federal Aviation Administration shall conduct construction
activities in a manner consistent with State water quality standards (including any
requirements resulting from compliance with section 303(d) of the Clean Water Act) and any
other appropriate requirements of State and Federal law. [15AN[A[028 0I001 if the
Division determines that such standards or laws are not being met (including the failure to
sustain a designated or achieved use) or that State or federal law is being violated, or that
further conditions are necessary to assure compliance, the Division may reevaluate and
modify this Certifioation. Before modifying the Certification, the Division shall notify Ms.
Courtney J. Nolan and Federal Aviation Administration and the U.S. Army Corps of Engineers,
provide public notice in accordance with 15A NCAC 02H .0503 and provide opportunity for
public hearing in accordance with 15ANCACO2H.O504. Any new or revised conditions shall
be provided to Ms. Courtney J. Nolan and Federal Aviation Administration in writing, shall be
provided to the U.S. Army Corps of Engineers for reference in any Permit issued pursuant to
Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for
the project.
15. This approval is for the purpose and design described in your application and as described in
the Public Notice. The plans and specifications for this project are incorporated by reference
and are an enforceable part of the Certification. |f you change your project, you must notify
the Division and you may be required to submit a new application package with the
appropriate fee. |f the property is sold, the new owner must be given a copy ofthis
Certification and is responsible for complying with all conditions. Any new owner must notify
the Division and request the Certification be issued in their name. [15ANC4[02H .0501 and

Federal Aviation Administration
DVVR#0O-II95V15
individual Certification #4O54
Page 7 of 7
16. The applicant and/or authorized agent shall provide a completed Certificate of Completion
Form to the DWR 401 & Buffer Permitting Unit within ten days of project completion
/avaUab|eat:httpf/nmrta|.ncdenr.u(g/m/eb/uvq/swp/ws/4OI/certsandperm|ts/app/y/forrns).
[25AN[AC82H.0502(O]
17. This certification grants permission to the director, an authorized representative of the
Director, or DENR staff, upon the presentation of proper credentials, to enter the property
during normal business hours. [15A NCAC 02H .0502(e)]
This approval to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 or CAMA Permit. The
conditions in effect on the date of issuance shall remain in effect for the life of the project,
regardless of the expiration date of this Certification, [15A NCAC 02H 0507(d)(2) and 15A NCAC
02H .0506]
Non-compliance with or violation of the conditions herein set forth may result in revocation of
this Certification and may also result in criminal and/or civil penalties.
This the l3th day of October 2015
Karen HigQns,Supervis0 /
4O1B^ Buffer Permitting Unit
EM