20151162 Ver 2_USACE Permit_20170613

Burdette, Jennifer a
From: Spencer, Thekla M CIV USARMY CESAW (US) <[e-mail]>
Sent: Tuesday, June 13, 2017 3:19 PM
To: Burdette, Jennifer a; [e-mail]; Bullard, Teresa R CIV USARMY CESAW
(US)
Cc: Hair, Sarah E CIV CESAW CESAD (US)
Subject: SAW-2005-01340_21st Special Tactics Squadron (STS) Operations
Facility_STEPHENSON
Attachments: SAW-2005-01340_21ST STS_STEPHENSON.pdf
Per Liz Hair.

Regulatory Division
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
fig DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 29443-1343
.lune 12, 2017
Action ID. SAW -2005-01340
Project Name: 21" Special Tactics Squadron. (STS) Operations Facility
United States of America
Department of the Army
Fort Bragg Directorate of Public Works
Attn: Ms. Monica Stephenson
2175 Reilly Road, Stop A
Fort Bragg, Forth Carolina 28310
Dear Ms. Stephenson:
Reference the Department of the Army (DA) permit issued on March 14, 2016, and revised on March
21, 2016, for the discharge of fill material into wetlands adjacent to an unnamed tributary to Tank Creek,
in order to construct the Special Tactics Squadron facility, at Pope Array Airfield, on Fort Bragg, in
Cumberland County, North Carolina. Reference is also made to your permit modification request dated
April 14, 2017. This information was submitted to provide final design and revised wetland impact
calculations for the proposed facility.
I have determined that the proposed project modifications described above are not contrary to the
public interest and consistent with the 404 (B) (1) and therefore, the DA permit is hereby modified with
one revised condition addressing mitigation needs. Permanent impacts to waters of the U.S. associated
with the facility have been further reduced, and now total 0.51 acre wetland filled. It is understood that all
other conditions of the original permit remain applicable, including the permit expiration date of
December 31, 2021.
Additional Special Condition:
- In order to compensate for additional 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
modification authorization.

-2 -
This approved modification should be attached to the original permit and will be utilized for future
compliance of the project. If you have questions, please contact Liz Hair of the Wilmington Regulatory.
Field Office, at telephone number [phone].
Sinclely„
Kevin P. Landers Sr.
Colonel, U. S. Arany
District Commander
Enclosures
cc (electronic):
Ms. Jennifer Burdette, NCDEQ-DWR
Mr. Todd Bowers, US EPA
Mr. Pete Benjamin, US FWS
Ms. Teresa Bullard, USACE-ECP-PE
Mr. Erich Hoffman, Fart Bragg DPW -Environmental Branch
cc (w/mitigation transfer form - electronic):
Mr. Todd Tugwell, USACE-RG-R
Ms. Andrea Hughes, USACE-RG-R

6'
UPWI
WaterResources
ENVIRONMENTAL QUALITY
May 12, 2017
United States of America
Department of the Army
Attn: Mr. Gregory Bean
Directorate of Public Works
2175 -Reilly Road, Stop A
Fort Bragg,' NC 28310
Ploy COOPER
Goventol.
MICHAEL S. REGAN
secrelaq
S. JAY ZIMMERMAN
Director
DWR # 15-1162 v2
Cumberland County
Subject: Approval of Individual 401 Water Quality Certification with Additional Conditions
Ft Bragg Pope 21't Special Tactics Squadron (AFSOC TMKH003003)
USACE Action ID, No, SAW -2005-01340
Dear Mr. Bean:
Attached hereto is a copy of Certification No. 4045 issued to Mr, Gregory Bean and U. S.
Department of the Army, dated May 12, 2017. This Certification replaces the Certification Issued
on January 20, 2016. Modification of this Certification was requested by the applicant to reflect a
revised site plan that results in less wetland impact. Please note that you should get any other
federal, state or local permits before proceeding with the subject project, including those required
by (but not limited to) 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 1506 by filing a written petition for an
administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty
(60) calendar days.
A petition form may be obtained from the OAH at http:/Iwww,ncoah.com or by calling the OAH
Clerk's Office at [phone] for Information. A petition is considered filed when the original
and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal
office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state
holidays).
Th6 petition may be faxed to the OAH at [phone], provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5) business
days following the faxed transmission.
staie omorfli Carolina I Eavitonmental Quality I Water Resources
1617 Mail Seryloo Center i Raleigh, North Carolina 27699-1617
919 1107 6300

Mailing address for the OAH:
If sending via US Postal Service;
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
U. S. Department of the Army
DWR# 15-1162 Q
Individual Certification #4045
Page 2 of 7
if sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DENR:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
Unless such a petition Is filed, this Certification shall be final and binding.
This certification completes the review of the Division under section 401 of the Clean Water Act
and 15A NCAC 02H .0500, If you have any questions, please contact Chad Turlington at 910-433-
3320 or chad.turlington_@)ncdenr.gov or Jennifer Burdette at [phone] or
jennifer,[e-mail].
Sincerely,
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
cc: Ms. Teresa Bullard, USACE-Wilmington District -ECP -PE, 69 Darlington Avenue,
Wilmington, NC 28403
USAGE Wilmington Regulatory Field Office
Todd Bowers, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303
DWR FRO 401 file
DWR 401 & Buffer Permitting Branch file
Rename: 151162v2FtBraggPope21stSpecialTacticsSquadron(Cumberiand)_�401_IC—Mod.docx

U. S. Department of the Army
DVVR# 15-1162 v2
Individual Certification #4045
Page 3 of 7
CERTIFICATION #4045 is issued in conformity with the requirements of Section 401, Public Laws
92-500 and 95-217 of the United States and subject to North Carolina's Regulations In 15A NCAC
02H .0500, to Mr, Gregory Bean and U. S. Department of the Army, who have authorization for the
Impacts listed below, as described within your application received by the N.C. Division of Water
Resources (Division) on November 5, 2015 and subsequent information on January 11, 2016, by
Public Notice issued by the U. S. Army Corps of Engineers and received by the Division on October
9, 2015, and a modification request received by the Division on May 11, 2017.
The State of North Carolina certifies that this activity will not violate the applicable portions of
Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in
accordance with the application; the supporting documentation, and conditions hereinafter set
forth.
This approval requires you to follow the conditions listed in the certification below.
Conditions of Certification-.
1. Impacts Approved
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 02B .0506(c)]
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
404/401 Wetlands
0,51 (acres)
0 (acres)
2. Stormwater Management Plan
You are required to provide one copy of the stormwater management plan (SMP) approval
letter from the Division of Energy, Mining and Land Resources (DEMLR) to the D.WR 401 &
Buffer Permitting Branch (1617 Mail Service Center, Raleigh, NC 27699-1617) before any
impacts authorized In this certification occur. The project must be constructed and maintained
in compliance with the approved SMP. After the approval letter is submitted to the Division,
the SMP may not be modified without prior written authorization from DEMLR. If the SMP is
modified in the future, then you shall provide an approval letter for the modifications to the
DWR 401 & Buffer Permitting Branch prior to the commencement of the modifications. [15A
NCAC 02H .0506(c)(5)]

U. S. Department of the Army
DWR# 15-1162 Q
individual Certification #4045
Page 4 of 7
3. 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)
4. Sediment and Erosion Gontrol
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. If applicable, the project must comply with the specific conditions
and requirements of the NPDES Construction Stormwater Permit issued to the site and the
following requirements [15A NCAC 021-1 .0506(b)(3) and (c)(3)1:
a. Design, installation, operation, and maintenance cif 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 [eased 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 the
Mining Act of 1971.
d. Sufficient materials required forstabllization and/or repair of erosion control
measures and stormwater routing and treatment shall he on site at all times,
5, Sediment and erosion control measures shall not be placed In wetlands or waters.
Exceptions to this condition require application submittal to and written approval by the
Division. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, then design and placement of temporary erosion control measures shall not be
conducted in a manner that may result in dis-equilibrium of wetlands, stream beds, or banks,
adjacent to or upstream and downstream of the above structures. All sediment and erosion
control devices shall be removed and the natural grade restored within two (2) months of
the date that the Division of Energy, Mineral and Land Resources (DEIVILR) or locally

U. S. Department of the Army
DWR# 15-1162 v2
Individual Certification 94045
Page 5 of 7
delegated program has released the specific area within the project, [15A NCAC 02H .0501
and .0502]
6. Construction Stormwater Permit NCGO10000
An NPDES Construction Stormwater Permit is required for construction projects that disturb
one (1) or more acres of land. This,Permit
Permit allows stormwater to be discharged during land
disturbing construction activities as stipulated In the conditions of the permit, If your project
is covered by this permit, full compliance with permit conditions including the erosion &
sedimentation control plan, inspections and maintenance, self-monitoring, record keeping
and reporting requirements Is required. A copy of the general permit (NCG010000),
inspection log sheets, and other information may be found at:
http://Portal.ncdenr,org/web/­w--q/­`w--stsu/npdessw#tab-w, 15A NCAC 02H .0506(c)(5)]
7, Work In the D
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
Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams,
and other diversion structures shall be used to minimize excavation in flowing water. [15A
NCAC 02H .0506(c)(3)1
S. 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 028.0200]
9. All temporary fill and culverts shall be removed and the impacted area returned to natural
conditions, within 60 days of the determination that the temporary impact is no longer
necessary. The impacted areas shall be restored to original grade, including each stream's
original cross sectional dimensions, plan form pattern, and longitudinal bed and bed profile,
and the various sites shall be stabilized with natural woody vegetation (except approved
maintenance areas) and restored to prevent erosion. [15A NCAC 02H .0506 (c)(2)]
10., A one-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, [15ANCAC 02B.0231]

U. S. Department of the Army
DWR# 15-1162 Q
Individual Certification #4045
Page 6 of 7
11. This Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or Local approvals.
12, Continuing Compliance
Mr. Gregory Bean and U. S. Department of the Army shall conduct construction activities in a
manner consistent with State water quality standards (including any requirements resulting
from compliance with section 303(4) of the Clean Water Act) and any other appropriate
requirements of State and Federal law, [15A NCAC 02B .0200] 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 a ' nd modify this Certification.
Before modifying the Certification, the Division shall notify Mr. Gregory Bean and U, S.
Department of the Army 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 15A NCAC 02FI .0504, Any new or revised conditions shall be provided to Mr.
Gregory Bean and U. S, Department of the Army 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.
13. 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. If you change your project, you must notify
the Division and you may be required to submit a new application package with the
appropriate fee. If the property is sold, the new owner must be given a copy of this
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, [15A NCAC 02H .0501 and
.0502]
14, The applicant and/or authorized agent shall provide a completed Certificate of Completion
Form to the DWR 401 & Buffer Permitting Branch within ten days of project completion
(available at: httE.1/portal.ncdenr.org/­`web/wq/swp/wsL401/certsandpermitsLa I pRiLf o
rm
[15A NCAC 02H .0502(f)]
15, 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)]
Th Is 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 LAMA 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)

U. S. Department of the Army
DWR# 15-1162 v2
Individual Certification #4045
Page 7 of 7
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 12th day of May. 2017
1A
64-1
K ar
�r n Higgins, Supervisor
401 & Buffer Permitting Branch
KAH/Jab
4045

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U.S. ARMY CORPS OF ENGINEERS �
Wilmington District
Compensatory Mitigation Responsibility Transfer Form
Permittee: Mr. Gregory Bean, Fort Bragg, Directorate ofPublic Works Actin ID: SAW -2005-01340
Project Name: Pope Army Airfield 21't STS County: Cumberland
Instructions to Permittee: The Permittee must provide a copy ofthis 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 ofthe 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.condectiogauthor|ze6 impacts, unless otherwise specified below. |fmore than one mitigation Sponsor m/i|� 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 (HU{), multiple forms will be attached to the permit, and the separate forms for each Sponsor
and/or HUCmust beprovided tothe appropriate mitigation Sponsors.
Instructions toSponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available atthe
identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of
whether ornot they have received payment from the Permittee. Once the form |ssigned, the Sponsor must update the bank
ledger and provide ocopy ofthe signed form and the updated bank ledger tothe Permittee, the U8ACEProject Manager, and
the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all
reporting requirements established intheir authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements:
Permitted Impacts Requiring Mitigation* 8-digitHUCand Basin: U383UU04,Cape Fear River Basin
Stream Impacts (linear feet) Wetland Impacts (acres)
Warm
Cool
-Co I d Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
0.51
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Comoensatory Mitipation Requirements: 8-digitHUC and Basin: 03030004, Cape Fear River Basin
Stream Mitigation (credits) Wetland Mitigation (credits)
Warm
Cool
Cold Riparian Riverine
Riparian Non-Riverine
Non -Riparian
coastal
1.02
Mitigation Site Debited: NC DIVIS
(List the name ofthe bank tobedebited. For umbrella banks, also list the specific site. ForNO]MI |btNCD[NS. |fdheNCDK83
acceptance letter identifies aspecific site, also list the specific site tobedebited).
Section tobrcompleted bythe Mitigation Sponsor
Statement of Mitigation Liability Acceptance: 1, the undersigned, verify that | am authorized to approve nmN&mtmm
transactions for the Mitigation Sponsor shown below' and | certify that the Sponsor agrees va accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
|D number shown. | also verify that released credits (and/or advance credits for WCDK8S)' as approved by the USACE, aro
currently available at the mitigation site identified above. Further, | understand that |fthe 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 Nam
Name ofSponsor's Authorized Representative:
Signature ofSponsor's Authorized Representative Date ofSignature
Page I of 2 Form Updated 23 November, 2015

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 nolonger responsible for providing the mitigation identified inthis 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 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 hythe North
Carolina Department ofTransportation (NCDLT), construction within jurisdictional areas may proceed upon permit
issuance; however, acopy ofthis form signed bythe Sponsor must beprovided iothe U3ACEwithin 3Udays ofpermit
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 oanW|LF Instrument. It is the Permittee^s responsibility toensure that the VSACE
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 US&CE Project Manager and/or North Carolina
Interagency Review Team (NC|RT). 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/|LFInstrument.
Comm ents/Addkdmna(Conditions:
This form is not valid unless signed below by the U%ACE Project Manager and by the Mitigation Sponsor on Page l. Once
signed, the Sponsor should provide copies qfthisform along with /mupdated bank ledger to: z/the Permittee, 2)the USAce
Project Manager otthe address below, and 30the Wilmington District Mitigation Office, Attn: Todd Tugmell,21405Falls
oƒNeuse Road, Wake Forest, /VC3J987(ymo/[e-mail]. m«). Questions regarding this form vrany nfthe
permit conditions may bcdirected tothe USACEProject Manager below.
UISACE Project Manager: Liz Hair
USACEField Office: Wilmington Regulatory Field Office
USArmy Corps o!Engineers
6gDarlington Avenue
VVi|ming¢oo'NC284O3
Email: saroh.e.hair@^usace.army.mU
June 12, 2017
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 .
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