20090861 Ver 1 - NWP 3 Authorization_UT to Bald Creek_Yancey County_SAW-2009-01559 - 9/20/2016

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID: SAW -2009-01559 County: Yancey USGS Quad: Bald Creek
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Owner/Applicant: North Carolina Division of Mitigation Services ATTN: Mr. Lin Xu
Address: 1652 Mail Service Center
Raleigh, NC 27699-1652
Size and location of property (waterbody, road name/number, town, etc.): The 12.7 -acre UT to Bald Creek mitigation
site is located adjacent to Sweethollow Road, north of Highway 19, west of Burnsville, Yancey County, North
Carolina.
Site Coordinates: 35.92193° N —82.430146° W Waterway: Bald Creek River Basin: French Broad River
Description of project area and activity: This permit authorizes excavation and the placement of fill associated with
stream repair activities along an unnamed tributary to Bald Creek. Authorized impacts to waters of the U.S. are
identified on page 2 of this authorization and include temporary impacts to 85 linear feet of stream channel, and 0.02
acre of wetlands.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Nationwide or Regional General Permit Number(s): 3
SEE ATTACHED NATIONWIDE CONDITIONS AND SPECIAL CONDITIONS ON PAGE 2 OF THIS FORM
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted application and attached information received August 25, 2016. Any violation of the attached
conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and/or
appropriate legal action.
• This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or
modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements
of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such
that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced
(i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized
provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or
revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization.
• Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Resources (telephone [phone]) to determine Section 401 requirements.
• For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (LAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management.
• This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
• If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Andrea Hughes at telephone [phone] x59
Corps Regulatory Official:
165
HUGH ES.ANDREA.WADE.12 DNic=US!onU.S.Go eed by rnment,louED DAou=1PK8ou9U5A,
cn=H UGH ES.AN D REA. W ADE.1258339165
58339165 Date: 2016.09.20 08:49:17 -04'00'
Expiration Date of Nationwide Permit Verification: March 18, 2017
Page 1 of 3
Date: September 19, 2016

Summary of Authorized Impacts and Required Mitigation
*Impacts are associated with stream restoration and enhancement activities and are expected to result in a net gain in
Waters of the US.
Additional Remarks and/or Special Permit Conditions:
1. The activities will be conducted in accordance with the information submitted and meet the conditions applicable
to the NWP, as described at Part C of the NWP Program and the Wilmington District NWP Regional Conditions.
These activities must also comply with the Browns Summit Creek Final Mitigation Plan dated January 2016,
including without limitation, all monitoring and performance standards.
2. This Nationwide Permit verification does not imply approval of the suitability of this property for
compensatory mitigation for any particular project. The use of any portion of this site as compensatory mitigation
for a particular project will be determined during our public interest review and 404 (b) (1) Guidelines analysis
during the permit review process for that project.
Copy Furnished: NCIRT (Electronic Copy)
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://regulatoa.usacesurvey.co to
complete the survey online.
Page 2 of 3
Oen Waters Wetlands
Streams
NWP
Type Label Acres Impact Type Impact
Acres
Impact Type Impact
Linear Ft
27
Fill Wl
.008
Excavation/fill S1
50
27
Fill W2
.012
Excavation/fill S2
35
27
27
27
27
27
27
27
27
27
27
27
27
27
27
27
27
27
27
27
27
27
27
Impact
Totals
Open Wetlands
Water
0.02
Streams
85
Total Loss of Waters of the U.S. (ac)
0*
Total Loss of Waters of the U.S. (If)
0*
Required Wetland Mitigation (ac)
0*
Required Stream Mitigation (If)
0*
*Impacts are associated with stream restoration and enhancement activities and are expected to result in a net gain in
Waters of the US.
Additional Remarks and/or Special Permit Conditions:
1. The activities will be conducted in accordance with the information submitted and meet the conditions applicable
to the NWP, as described at Part C of the NWP Program and the Wilmington District NWP Regional Conditions.
These activities must also comply with the Browns Summit Creek Final Mitigation Plan dated January 2016,
including without limitation, all monitoring and performance standards.
2. This Nationwide Permit verification does not imply approval of the suitability of this property for
compensatory mitigation for any particular project. The use of any portion of this site as compensatory mitigation
for a particular project will be determined during our public interest review and 404 (b) (1) Guidelines analysis
during the permit review process for that project.
Copy Furnished: NCIRT (Electronic Copy)
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://regulatoa.usacesurvey.co to
complete the survey online.
Page 2 of 3

Determination of Jurisdiction
A. ® Based on preliminary information, there appear to be waters of the US including wetlands within the above
described project area. This preliminary determination is not an appealable action under the Regulatory Program
Administrative Appeal Process (Reference 33 CFR Part 331).
B. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit
requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is
a change in the law or our published regulations, this determination may be relied upon for a period not to exceed
five years from the date of this notification.
C. ❑ There are waters of the US and/or wetlands within the above described project area subject to the permit
requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law
or our published regulations, this determination may be relied upon for a period not to exceed five years from the
date of this notification.
D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please
reference the jurisdictional determination issued on
Basis of Jurisdictional Determination: The site contains wetlands as determined by the 1987 Corps of Engineers Wetland
Delineation Manual and Eastern Mountain and Piedmont Regional Supplement. These wetlands are adjacent to stream
channels located on the property that exhibit indicators of ordinary high water marks. The stream channels on the property
are unnamed tributaries to Bald Creek which flows into the Cane River, the French Broad River, and the Atlantic Ocean.
E. Attention USDA Program Participants: This delineation/determination has been conducted to identify the limits of
Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination
may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are
USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland
determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in
B and C above): This correspondence constitutes an approved jurisdictional determination for the above described
site. If you object to this determination, 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 determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 1OM15
Atlanta, Georgia 30303-8801
Phone: [phone]
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 . It is not necessary to submit
an RFA form to the District Office if you do not object to the determination in this correspondence.
Corps Regulatory Official:
Date: September 19, 2016
Page 3 of 3
Digitally signed by HUGH ES.ANDREA.WADE.1258339165
HUGHES.ANDREA.WADE.
DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA,
cn=HUGHES.ANDREA.WADE.1258339165
1258339165
Date: 2016.09.20 08:49:48 -04'00'
Expiration Date of Jurisdictional Determination: N/A

WILMINGTON DISTRICT
POST -CONSTRUCTION COMPLIANCE FORM
Action ID Number: SAW -2009-01559 County: Yancey
Permittee: North Carolina Division of Mitigation Services Attn: Mr. Lin Xu
Date Permit Issued: September 19, 2016
Project Manager: Andrea Hughes
Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign
this certification and return it to the address of the Regulatory Field Office indicated below:
❑ Asheville Regulatory Field Office
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
❑ Washington Regulatory Field Office
US Army Corps of Engineers
2407 West Fifth Street
Washington, NC 27889
❑ Raleigh Regulatory Field Office ® Wilmington Regulatory Field Office
US Army Corps of Engineers US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105 69 Darlington Avenue
Wake Forest, North Carolina 27587 Wilmington, NC 28403
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. If you fail to comply with this permit you are subject to permit suspension,
modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has been completed in accordance
with the terms and condition of the said permit, and required mitigation was completed in accordance with
the permit conditions.
Signature of Permittee
Date

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: NCDMS Attn: Mr. Lin Xu
File Number: SAW -2009-01559
Date: September 19, 2016
Attached is:
See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
❑ PROFFERED PERMIT (Standard Permit or Letter of permission)
B
PERMIT DENIAL
C
❑ APPROVED JURISDICTIONAL DETERMINATION
D
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above
decision. Additional information may be found at 11ttp://www.usace.army.mil/inet/functions/cw/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 division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.
Page 1 of 9

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding
the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which
may be appealed), by contacting the Corps district for further instruction. Also you may provide new information
for further consideration by the Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to this
form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the review
officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add
new information or analyses to the record. However, you may provide additional information to clarify the
location of information that is already in the administrative record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or If you only have questions regarding the appeal process you
the appeal process you may contact: may also contact:
Andrea Hughes Mr. Jason Steele, Administrative Appeal Review Officer
Wilmington District, Regulatory Division CESAD-PDO
3331 Heritage Trade Dr. STE 107 U.S. Army Corps of Engineers, South Atlantic Division
Wake Forest, NC 27587 60 Forsyth Street, Room 1OM15
[phone] x59 Atlanta, Georgia 30303-8801
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any
government consultants, to conduct investigations of the project site during the course of the appeal process. You
will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site
investigations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits and approved Jurisdictional Determinations send this form to:
District Engineer, Wilmington Regulatory Division
Andrea Hughes
3331 Heritage Trade Dr. STE 107
Wake Forest, NC 27587
[phone] x59
For Permit denials and Proffered Permits send this form to:
Mr. Jason Steele, Administrative Appeal Review Officer
CESAD-PDO
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 10M 15
Atlanta, Georgia 30303-8801
Page 2 of 9