20180612 Ver 1_DMS Mitigation invoice request_20190107

Homewood, Sue
From:Homewood, Sue
Sent:Tuesday, January 8, 2019 3:27 PM
To:Williams, Kelly
Subject:RE: WCU Master Plan DMS Mitigation invoice request
I’m sorry Kelly. My fault again, we will accept mitigation that is within the same river basin in accordance with our rules.

Thanks,

Sue Homewood
Division of Water Resources, Winston Salem Regional Office
Department of Environmental Quality

336 776 9693 office
336 813 1863 mobile
[e-mail]

450 W. Hanes Mill Rd, Suite 300
Winston Salem NC 27105

Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

From: Williams, Kelly
Sent: Tuesday, January 8, 2019 3:22 PM
To: Homewood, Sue <[e-mail]>
Subject: RE: WCU Master Plan DMS Mitigation invoice request

Sue-
Sorry to bug you again, but I need to verify whether or not DWR’s approval was valid for the conditions DMS
proposed. Your email yesterday indicated “both” HUCs were okay, but the conditional acceptance was worded so that
DMS could use credits from all 3 HUCs in Little TN if needed at the time we make this debit.

Dave agreed to this and modified his MRTF. I noted that I would suggest DMS include this as a topic to discuss with the
IRT if needed, but it may be already occurring given the work they are doing on the “new” service areas.
Thanks,
Kelly

From: Williams, Kelly
Sent: Monday, January 07, 2019 4:00 PM
To: Homewood, Sue <[e-mail]>; Brown, David W CIV USARMY CESAW (US)
<[e-mail]>
Subject: FW: WCU Master Plan DMS Mitigation invoice request

1

Sue and Dave-
Dave, I spoke to you earlier today and said I’d get back with more info and Sue, you responded by email.
To give you an update, I just met with Jim Stanfill (who met with our assistant director) and he confirmed that our
acceptance letter was issued with those conditions as a reflection of DMS’s current credit status.
DMS does not have sufficient credit to provide all of the stream mitigation in either the 03 or 02 HUCs; therefore
proposed to use cold stream credits in the LT basin in the acceptance letter.
We can confirm that DMS has sufficient riparian wetland credits in Little TN 06010203 (where the impact is).

Unfortunately, this means the permits’ stream mitigation requirement would either need to allow for use of credits in
06010202 or 06010204 if credits are not available in 06010203 when the debit is due OR the permittee would need to
seek another source of stream mitigation.

Let me know what is decided. If you need to speak to Jim or Jeff, I can get you their contact info.
Take care,
kelly

From: Williams, Kelly
Sent: Monday, January 07, 2019 12:04 PM
To: Higgins, Karen <[e-mail]>; Brown, David W CIV USARMY CESAW (US)
<[e-mail]>
Subject: WCU Master Plan DMS Mitigation invoice request

Karen and Dave-
I wanted to follow up on this DMS request. We accepted it using a conditional acceptance letter indicating if credits are
not available within Little Tennessee 06010203 DMS would use available credits from within the basin. Do your
permits/authorizations allow for this? Both seem to indicate the mitigation is required in 06010203.

Thanks,
Kelly

From: Alea Tuttle <[e-mail]>
Sent: Monday, January 07, 2019 10:05 AM
To: Williams, Kelly <[e-mail]>
Subject: \[External\] Mitigation invoice request
Kelly,

We have received the 404 and 401 permits for the WCU Master Plan Improvements Project. I have attached the permits
and the ILF conditional acceptance letter. Please generate an invoice for this ILF request.
Thank you,

Alea

32 Clayton Street
Asheville, NC 28801
Office: 828-698-9800
Mobile: [phone]
[e-mail]

2

Strickland, Bev
From: Homewood, Sue
Sent: Monday, January 07, 2019 1:25 PM
To: Williams, Kelly
Cc: Higgins, Karen; 'Brown, David W CIV USARMY CESAW (US)'
Subject: FW: WCU Master Plan DMS Mitigation invoice request
Hi Kelly,
Happy New Year. I apologize for my error, I should have included the conditional language from your acceptance letter
in our 401 approval. The Division will accept credits from either HUC as both are in the Little Tennessee basin. I will
place this email in our file for future reference.
Thanks,
Sue Homewood
Division of Water Resources, Winston Salem Regional Office
Department of Environmental Quality
336 776 9693 office
336 813 1863 mobile
Sue. [e-mail]
450 W. Hanes Mill Rd, Suite 300
Winston Salem NC 27105
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Higgins, Karen
Sent: Monday, January 7, 2019 12:56 PM
To: Homewood, Sue <[e-mail]>
Subject: FW: WCU Master Plan DMS Mitigation invoice request
See below for clarification
Karen
Karen Higgins
401 & Buffer Permitting Branch Supervisor
Division of Water Resources
Department of Environmental Quality
[phone] office "please note my phone number has changed"

karen.hippins(a�ncdenr.gov
https:Hdeg.n-wetlands-buffer-
permitsc.gov/about/divisions/water-resources/water-resources-permits/wastewater-branch/401
512 N. Salisbury Street (Archdale Building), Suite 942-E, Raleigh, NC 27604
1617 Mail Service Center, Raleigh, NC 27699-1617
Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed
to third parties.
From: Williams, Kelly
Sent: Monday, January 7, 2019 12:51 PM
To: Higgins, Karen <[e-mail]>
Subject: RE: WCU Master Plan DMS Mitigation invoice request
Karen -
Sorry, the impacts are in 06010203 and the 401 required the mitigation in 06010202.
Dave is okay with credits coming from 06010202 IF we cannot use existing 06010203 (in HUC) credits.
The current status is DMS has the credits on the 03 HUC, but a portion of them is subject to DOT approving use of them
for a non -DOT impact.
This is why we issued the letter with those conditions- we don't know if DOT will approve the transfer until we submit it
to them.
Sorry for the confusion.
Kelly
From: Williams, Kelly
Sent: Monday, January 07, 2019 12:04 PM
To: Higgins, Karen <[e-mail]>; Brown, David W CIV USARMY CESAW (US)
<David.W.Brown(@usace.armv.mil>
Subject: WCU Master Plan DMS Mitigation invoice request
Karen and Dave -
I wanted to follow up on this DMS request. We accepted it using a conditional acceptance letter indicating if credits are
not available within Little Tennessee 06010203 DMS would use available credits from within the basin. Do your
permits/authorizations allow for this? Both seem to indicate the mitigation is required in 06010203.
Thanks,
Kelly
From: Alea Tuttle <alea(@cwenv.com>
Sent: Monday, January 07, 2019 10:05 AM
To: Williams, Kelly <[e-mail]>
Subject: [External] Mitigation invoice request
Kelly,
We have received the 404 and 401 permits for the WCU Master Plan Improvements Project. I have attached the permits
and the ILF conditional acceptance letter. Please generate an invoice for this ILF request.
Thank you,
Alea

CLear\NaLer
32 Clayton Street
Asheville, NC 28801
Office: 828-698-9800
Mobile: [phone]
alea(cDcwenv.com

Regulatory Division
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
151 PATTON AVENUE
ROOM 208
ASHEVILLE, NORTH CAROLINA 28801-5006
December 27, 2018
Action ID: SAW -2015-00263 dw f
OUM93
Mr. Joe Walker 1
11 JAM - 7 2019
Associate Vice Chancellor, Facilities Management i �^
Western Carolina University
3476 Old Cullowhee Road
Cullowhee, North Carolina 28723
Dear Mr. Walker:
In accordance with your written request of May 3, 2018, and the ensuing
administrative record, enclosed are two copies of a permit to place fill in 500 linear feet
of stream channel and 0.38 acres of wetlands, resulting in impacts to waters of the U.S.,
associated with the Western Carolina University 2014 Master Plan Improvement
Projects (Central Drive parking lot and intramural fields improvements). The above
noted impacts are 500 linear feet of permanent stream impacts to a UT of Cullowhee
Creek (parking lot construction); 0.293 acres of permanent wetland impacts (parking lot
construction); and 0.09 acres of permanent wetland impacts (intramural fields
improvements).
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 permit. 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 $100 will be charged for permit applications when the planned or ultimate
purpose of the project is commercial or industrial in nature and is in support of
operations that charge for the production, distribution, or sale of goods or services". As
your application fits the [latter/former] category, you are requested to remit your check
for [$*], made payable to the Finance and Accounting Officer, USAED, Wilmington. The
check should accompany the signed and dated copies of your permit.

-2 -
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: Mr. David Brown
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
February 25, 2019.
It is not necessary to submit an RFA form to the Division Office if you do not object
to the decision in contained in this correspondence.
After the permit is authorized in this office, the original copy will be returned to you;
the duplicate copy will be permanently retained in this office. If you have questions,
please contact Mr. David Brown at the Asheville Regulatory Field Office, telephone
828-271-7980, extension 4232.
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=13604:0 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,
Amanda Jones
Acting Field Office Chief
Asheville/Charlotte Regulatory Field Offices
Enclosures

-3 -
cc (with enclosures).-
Ms.
nclosures):
Ms. Karen Higgins
North Carolina Department of Environmental Quality
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1671
Mr. Zan Price
North Carolina Department of Environmental Quality
Division of Water Resources
2090 U.S. Highway 70
Swannanoa, North Carolina 28778
Ms. Andrea Leslie
North Carolina Wildlife Resources Commission
20830 Great Smoky Mountain Expressway
Waynesville, North Carolina 28786
Mr. Clement Riddle
ClearWater Environmental Consultants, Inc.
32 Clayton Street
Asheville, North Carolina 28801

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: File Number: Date:
WESTERN CAROLINA UNIVERSITY SAW -2015-00263 December 27, 2018
Attached is: See Section below
ZI INITIAL PROFFERED PERMIT (Standard Permit or Letter ofpermission) A
❑ PROFFERED PERMIT (Standard Permit or Letter ofpermission) B
❑ PERMIT DENIAL C
❑ APPROVED JURISDICTIONAL DETERMINATION D
❑ PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at http://www.usace.army.mil/inet/functions/cw/cecwo/reg or
Corps regulations at 33 CER 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 11 of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
SECTION t1.7 REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:''
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division,
Mr. Jason Steele, Administrative Appeal Review Officer
Attn: Mr. David Brown
CESAD-PDO
USACE
U.S. Army Corps of Engineers, South Atlantic Division
151 Patton Avenue, Room 208
60 Forsyth Street, Room 1OM15
Asheville, NC 28801
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 send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Mr. David Brown, 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 1OM15, Atlanta, Georgia 30303-
8801
Phone: [phone]

r� 1
bivisic;i c; i's'a?cr R� �ces
DEPARTMENT OF THE ARMY PERMIT
Permittee Western Carolina University JAN _ 219
1Mat�, iJr �Itf+, �
Permit No. SAW -2015-00263
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:
To place fill in 500 linear feet of stream channel and 0.38 acres of wetlands, resulting in impacts to waters of the U.S., associated
with the Western Carolina University 2014 Master Plan Improvement Projects (Central Drive parking lot and intramural fields
improvements). The above noted impacts are 500 linear feet of permanent stream impacts to a UT of Cullowhee Creek (parking
lot construction); 0.293 acres of permanent wetland impacts (parking lot construction); and 0.09 acres of permanent wetland
impacts (intramural fields improvements).
Project Location:
Cullowhee, Jackson County, North Carolina.
Permit Conditions:
General Conditions:
1. The time limit for completing the work authorized ends on 12/27/2023 '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:
1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:
I1 Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
Section 404 of the Clean Water Act (33 U.S.C. 1344).
Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413).
2. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal project.
3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the
following:
a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or
from natural causes.
b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or
on behalf of the United States in the public interest.
c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the
activity authorized by this permit.
d. Design or construction deficiencies associated with the permitted work.
e. Damage claims associated with any future modification, suspension, or revocation of this permit.
4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the
public interest was made in reliance on the information you provided.
(REVERSE OF ENG FORM 172 1)

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) WESTERN CAROLINA UNIVERSITY (DATE)
This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed
below.
(DISTRICT COMMANDER) ROBERT J. CLARK
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

SPECIAL CONDITIONS
SAW -2015-00263
WORK LIMITS
1. CONSTRUCTION PLANS: All work authorized by this permit must be
performed in strict compliance with the attached plans May 8, 2018, and
August 13, 2018, which are a part of this permit. Any modification to these
plans must be approved by the US Army Corps of Engineers (USACE)
prior to implementation.
2. UNAUTHORIZED DREDGE OR FILL: Except as authorized by this permit
or any USACE 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.
3. 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 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 or wetlands.
4. DEVIATION FROM PERMITTED PLANS: The permittee shall ensure
that the construction design plans for this project do not deviate from the
permit plans attached to this authorization. Written verification shall be
provided that the final construction drawings comply with the attached
permit drawings prior to any active construction in waters of the United
States, including wetlands. Any deviation in the construction design plans
will be brought to the attention of the Corps of Engineers, Mr. David
Brown, Asheville Regulatory Field Office prior to any active construction in
waters of wetlands.
5. PRECONSTRUCTION MEETING: The Permittee shall schedule an onsite
preconstruction meeting between its representatives, the contractor's
representatives and the appropriate 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

notify the Corps of Engineers Project Manager a minimum of thirty (30)
days in advance of the scheduled meeting in order to provide that
individual with ample opportunity to schedule and participate in the
required meeting.
RELATED LAWS
6. WATER CONTAMINATION: All mechanized equipment will be regularly
inspected and maintained to prevent contamination of waters and
wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In
the event of a spill of petroleum products or any other hazardous waste,
the permittee shall immediately report it to the N.C. Division of Water
Quality at [phone] or [phone] and provisions of the North
Carolina Oil Pollution and Hazardous Substances Control Act will be
followed.
CULTURAL RESOURCES
7. DISCOVERY OF PREVIOUSLY UNKNOWN REMAINS AND
ARTIFACTS: If you discover any previously unknown historic, cultural or
archeological remains and artifacts while accomplishing the activity
authorized by this permit, you must immediately notify the Corps of
Engineers Project Manager of what you have found, and to the maximum
extent practicable, avoid construction activities that may affect the remains
and artifacts until the required coordination has been completed. The
Corps of Engineers Project Manager will initiate the Federal, Tribal, and
state coordination required to determine if the items or remains warrant a
recovery effort or if the site is eligible for listing in the National Register of
Historic Places.
PROJECT MAINTENANCE
8. NOTIFICATION OF CONSTRUCTION COMMENCEMENT AND
COMPLETION: The permittee shall advise the Corps in writing prior to
beginning the work authorized by this permit and again upon completion of
the work authorized by this permit.
9. 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.
2

10. 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, shall be available at the project site during construction and
maintenance of this project.
11. SILT -FENCING: The permittee 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 113A Article 4).
12. 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.
13. 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.
ENFORCEMENT
14. REPORTING ADDRESS: All reports, documentation and correspondence
required by the conditions of this permit shall be submitted to the following
address: U.S. Army Corps of Engineers, Regulatory Division, Asheville
Regulatory Field Office, c/o Mr. David Brown, 151 Patton Avenue, Room
208, Asheville, NC 28801-5006, and by telephone at: 828-271-7980. The
Permittee shall reference the following permit number, SAW -2015-00263,
on all submittals.
15. 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, U.S. Army Corps of Engineers, Regulatory Division, Asheville
3

Regulatory Field Office, Attn: Mr. David Brown, 151 Patton Avenue, Room
208, Asheville, NC 28801-5006 and by telephone at: 828-271-7980, within
24 hours of the permitee's discovery of the violation.
16. 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.
COMPENSATORY MITIGATION
17. COMPENSATORY MITGATION RESPONIBILITY TRANSFER FORM: In
order to compensate for impacts associated with this permit, mitigation
shall be provided in accordance with the provisions outlined on the most
recent version of the attached Compensatory Mitigation Responsibility
Transfer Form. The requirements of this form, including any special
conditions listed on this form, are hereby incorporated as special
conditions of this permit authorization.
CONCRETE CONDITION
18. PROHIBITIONS ON CONCRETE: The permittee shall take measures to
prevent live or fresh concrete, including bags of uncured concrete, from
coming into contact with any water in or entering into waters of the United
States. Water inside coffer dams or casings that has been in contact with
concrete shall only be returned to waters of the United States when it no
longer poses a threat to aquatic organisms (concrete is set and cured).
CULVERTS
19. INSTALLATION OF CULVERTS: For construction of culverts, measures
will be included in the construction that will promote the safe passage of
fish and other aquatic organisms. For all culvert construction activities, the
dimension, pattern, and profile of the stream, (above and below a pipe or
culvert), should not be modified by widening the stream channel or by
reducing the depth of the stream. Culvert inverts will be buried at least one
foot below the bed of the stream for culverts greater than 48 inches in
diameter. For culverts 48 inches in diameter or smaller, culverts must be
buried below the bed of the stream to a depth equal to or greater than 20
percent of the diameter of the culvert.
rd

ESA
20. THREATENED AND ENDANGERED SPECIES: All necessary
precautions and 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.

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NORTH CAROLINA
ROY COOPER Environmental Quality
Gm-ernApr
MICHAEL S. REGAN
Serre -Y
LINDA CULPEPPER
lntedm [Director
September 21, 2018
Western Carolina University
Attn: Joe Walker, P.E.
3476 Old Cullowhee Rd
Cullowhee NC 28723
DWR # 20180612
Jackson County
Subject: Approval of Individual 401 Water Quality Certification with Additional Conditions
Western Carolina University Master Plan Improvements
USACE Action ID. No. SAW -2015-00263
Dear Mr. Walker:
Attached hereto is a copy of Certification No. WQC004170 issued to Mr. Joe Walker and
Western Carolina University, dated September 21, 2018. 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 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://www.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).
The 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.
-eo-e-n-- 4-A�
aw�matsr�n�l
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

Western Carolina University Master Plan Improvements
DWR Project #20180612
Individual Certification #4170
Page 2 of 8
Mailing address for the OAH:
If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
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. Contact Sue Homewood at 336-776-9693 or
[e-mail] if you have any questions or concerns.
Sincerely,
Karen Higgins, Supervi r
401 & Buffer Permitting ranch
cc: Clement Riddle, ClearWater Environmental Consultants Inc (via email)
David Brown, USACE Asheville Regulatory Field Office (via email)
Andrea Leslie, NCWRC (via email)
Byron Hamstead, FWS (via email)
Todd Bowers, EPA, (via email)
DWR ARO 401 file
DWR 401 & Buffer Permitting Branch file
Filename: 180612 WesternCarolinaUniversityMasterPlanlm provements(Jackson)_401_I C

Western Carolina University Master Plan Improvements
DWR Project #20180612
Individual Certification #4170
Page 3 of 8
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION # WQC004170 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
15 NCAC 02H .0500, to Mr. Joe Walker and Western Carolina University, who have authorization
for the impacts listed below, as described within your application received by the N.C. Division of
Water Resources (Division) on May 3, 2018 and subsequent information on June 29, 2018, August
9, 2018, August 13, 2018 and August 31, 2018, and by Public Notice issued by the U. S. Army
Corps of Engineers and received by the Division on May 17, 2018.
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. 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) and/or (c)]
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Stream
Central Drive Lot 500 (linear feet) —0(linear feet)
404/401 Wetlands
Central Drive Lot
0.293 (acres)
0 (acres)
Intramural Fields
0.09 (acres)
0 (acres)
2. Mitigation must be provided for the proposed 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 your payment, and
proof of payment has been provided to this Office, no impacts specified in this
Authorization Certificate shall occur. For accounting purposes, this Authorization Certificate
authorizes payment to the DMS to meet the following compensatory mitigation
requirement [15A NCAC 02H.0506 (b)(6)]:

Western Carolina University Master Plan Improvements
DWR Project #20180612
Individual Certification #4170
Page 4 of 8
3. The Division approves the Stormwater Management Plan (SMP) consisting of a proprietary
system, Contech StormFilters and all associated stormwater conveyances, inlet and outlet
structures, and the grading and drainage patterns depicted on plan sheets dated June 27,
2018, which are incorporated by reference and are enforceable by the Division. The
following conditions also apply [15A NCAC 02H .0506(b)(5)]:
a. The maximum allowable drainage area for the approved Contech StormFilters shall be
182,737 square feet and the maximum allowable built -upon area within that drainage
area shall be 149,076 square feet. Any changes to these allowable maximum areas
shall require the applicant to submit and receive approval from the Division prior to any
construction or modification of the current site.
b. The footprint of all stormwater management device(s) as well as an additional 10 -foot
wide area on all sides of the device(s) shall be located in either public rights-of-way,
dedicated common areas or recorded easement areas. The final plats for the project
showing such rights-of-way, common areas and easement areas, shall be in accordance
with the approved plans.
c. The approved SMP shall be constructed and operational before any permanent building
or other structure is occupied at the site.
d. The SMP may not be modified without prior written authorization from the Division.
e. Maintenance activities for stormwater management device(s) shall be performed in
accordance with the notarized O&M agreements signed by Joe Walker on August 30,
2018. The 0&M agreement shall transfer with the sale of the land or transfer of
ownership/responsibility for the approved diffuse flow plan. The Division shall be
notified promptly of every transfer.
f. The applicant and/or authorized agent shall provide a completed Certificate of
Completion form to the Division within thirty (30) days of project completion (available
at,https://edocs.deq.nc.gov/Forms/Certificate-of-Completion).
4. To protect rare and listed species in the Tuckasegee River, the erosion control plan will be
designed to the 25 -year storm event and ground disturbance shall be limited to what will be
stabilized within 7 calendar days or either reaching finished grade or stopping work in an
area. [15A NCAC 02H .0506(b)(2) and 15A NCAC 0413 .0125]
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. Any modifications to the project require
notification to DWR and may require an application submittal to DWR with the appropriate
fee. [15A NCAC 02H.0501 and .0502]
Compensatory Mitigation
River & Sub -basin Number
Required
Stream
500 (linear feet)
Little Tennessee
LTN02
3. The Division approves the Stormwater Management Plan (SMP) consisting of a proprietary
system, Contech StormFilters and all associated stormwater conveyances, inlet and outlet
structures, and the grading and drainage patterns depicted on plan sheets dated June 27,
2018, which are incorporated by reference and are enforceable by the Division. The
following conditions also apply [15A NCAC 02H .0506(b)(5)]:
a. The maximum allowable drainage area for the approved Contech StormFilters shall be
182,737 square feet and the maximum allowable built -upon area within that drainage
area shall be 149,076 square feet. Any changes to these allowable maximum areas
shall require the applicant to submit and receive approval from the Division prior to any
construction or modification of the current site.
b. The footprint of all stormwater management device(s) as well as an additional 10 -foot
wide area on all sides of the device(s) shall be located in either public rights-of-way,
dedicated common areas or recorded easement areas. The final plats for the project
showing such rights-of-way, common areas and easement areas, shall be in accordance
with the approved plans.
c. The approved SMP shall be constructed and operational before any permanent building
or other structure is occupied at the site.
d. The SMP may not be modified without prior written authorization from the Division.
e. Maintenance activities for stormwater management device(s) shall be performed in
accordance with the notarized O&M agreements signed by Joe Walker on August 30,
2018. The 0&M agreement shall transfer with the sale of the land or transfer of
ownership/responsibility for the approved diffuse flow plan. The Division shall be
notified promptly of every transfer.
f. The applicant and/or authorized agent shall provide a completed Certificate of
Completion form to the Division within thirty (30) days of project completion (available
at,https://edocs.deq.nc.gov/Forms/Certificate-of-Completion).
4. To protect rare and listed species in the Tuckasegee River, the erosion control plan will be
designed to the 25 -year storm event and ground disturbance shall be limited to what will be
stabilized within 7 calendar days or either reaching finished grade or stopping work in an
area. [15A NCAC 02H .0506(b)(2) and 15A NCAC 0413 .0125]
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. Any modifications to the project require
notification to DWR and may require an application submittal to DWR with the appropriate
fee. [15A NCAC 02H.0501 and .0502]

Western Carolina University Master Plan Improvements
DWR Project #20180612
Individual Certification #4170
Page 5 of 8
6. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the
footprint of the impacts (including temporary impacts) as authorized under this Certification.
[15A NCAC 02H .0501 and .05021
7. All construction activities shall be performed and maintained in full compliance with G.S.
Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973).
Sediment and erosion control measures shall not be placed in wetlands or waters except
within the footprint of temporary or permanent impacts authorized under this Certification.
[15A NCAC 02H .0501 and .0502]
9. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be
used along streambanks or within wetlands. [15A NCAC 02B .0201]
10. An NPDES Construction Stormwater Permit (NCG010000) is required for construction
projects that disturb one (1) or more acres of land. The NCGO10000 Permit allows
stormwater to be discharged during land disturbing construction activities as stipulated in
the conditions of the permit. if the 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. [15A
NCAC 02H .0506(b)(5) and (c)(5)]
11. All work in or adjacent to streams 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 NCSediment 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(b)(3) and (c)(3)]
12. Culverts shall be designed and installed in such a manner that the original stream profiles are
not altered and allow for aquatic life movement during low flows. The dimension, pattern,
and profile of the stream above and below a pipe or culvert shall not be modified by widening
the stream channel or by reducing the depth of the stream in connection with the
construction activity. The width, height, and gradient of a proposed culvert shall be such as to
pass the average historical low flow and spring flow without adversely altering flow velocity.
[15A NCAC 02H .0506(b)(2) and (c)(2)].
Placement of culverts and other structures in streams shall be below the elevation of the
streambed by one foot for all culverts with a diameter greater than 48 inches, and 20% of the
culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow low
flow passage of water and aquatic life.

Western Carolina University Master Plan Improvements
DWR Project #20180612
Individual Certification #4170
Page 6 of 8
If bedrock is discovered during construction, then DWR shall be notified by phone or email
within 24 hours of discovery.
13. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian
areas and/or wetlands shall be conducted at agronomic rates and shall comply with all other
Federal, State and Local regulations. Fertilizer application shall be accomplished in a manner
that minimizes the risk of contact between the fertilizer and surface waters. [15A NCAC 02B
.0200 and 15A NCAC 0213.0231]
14. If concrete is used during 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. [15A
NCAC 02B.0200]
15. No temporary impacts are allowed beyond those included in this Certification. All temporary
fill and culverts shall be removed and the impacted area shall be returned to natural
conditions within 60 calendar days after the temporary impact is no longer necessary. The
impacted areas shall be restored to original grade, including each stream's original cross
sectional dimensions, planform pattern, and longitudinal bed profile. All temporarily
impacted sites shall be restored and stabilized with native vegetation. [15A NCAC 02H
.0506(b)(2) and (c)(2)]
16. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams shall be
installed as outlined in the most recent edition of the North Carolina Sediment and Erosion
Control Planning and Design Manual or the North Carolina Surface Mining Manual or the
North Carolina Department of Transportation Best Management Practices for Construction
and Maintenance Activities so as not to restrict stream flow or cause dis-equilibrium during
use of this Certification. [15A NCAC 02H .0506(b)(2) and (c)(2)]
17. 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 riprap
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)]
18. This Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or Local approvals before proceeding with the project, including
those required by, but not limited to Sediment and Erosion Control, Non -Discharge, Water
Supply Watershed, and Trout Buffer regulations.

Western Carolina University Master Plan Improvements
DWR Project #20180612
Individual Certification #4170
Page 7 of 8
19. All mechanized equipment operated near surface waters shall be inspected and maintained
regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids,
or other toxic materials. Construction shall be staged in order to minimize the exposure of
equipment to surface waters to the maximum extent practicable. Fueling, lubrication and
general equipment maintenance shall not take place within 50 feet of a waterbody or
wetlands to prevent contamination by fuels and oils. [15A NCAC 02H .0506(b)(3) and (c)(3)
and 15A NCAC 02B.0211 (12)]
20. Heavy equipment working in wetlands shall be placed on mats or other measures shall be
taken to minimize soil disturbance. [15A NCAC 02H .0506(b)(3) and (c)(3)]
21. In accordance with 143-215.85(b), the applicant shall report any petroleum spill of 25 gallons
or more; any spill regardless of amount that causes a sheen on surface waters; any petroleum
spill regardless of amount occurring within 100 feet of surface waters; and any petroleum
spill less than 25 gallons that cannot be cleaned up within 24 hours.
22. Mr. Joe Walker and Western Carolina University 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. [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 and modify this Certification.
Before modifying the Certification, the Division shall notify Mr. Joe Walker and Western
Carolina University 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 02H .0504. Any new or revised conditions shall be provided Mr. Joe Walker and
Western Carolina University 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.
23. Upon completion of all permitted impacts included within the approval and any subsequent
modifications, the applicant shall be required to return a certificate of completion (available
on the DWR website https://edocs.deg.nc.gov/Forms/Certificate-of-Completion). [15A NCAC
02H .0502(f)]
24. If the property or project is sold or transferred, the new Permittee shall be given a copy of
this Certification (and written authorization if applicable) and is responsible for complying
with all conditions. [15A NCAC 02H .0501 and .0502]

Western Carolina University Master Plan Improvements
DWR Project #20180612
Individual Certification #4170
Page 8 of 8
25. This Certification neither grants nor affirms any property right, license, or privilege in any
waters, or any right of use in any waters. This Certification does not authorize any person to
interfere with the riparian rights, littoral rights, or water use rights of any other person and
this Certification does not create any prescriptive right or any right of priority regarding any
usage of water. This Certification shall not be interposed as a defense in any action respecting
the determination of riparian or littoral rights or other rights to water use. No consumptive
user is deemed by virtue of this Certification to possess any prescriptive or other right of
priority with respect to any other consumptive user regardless of the quantity of the
withdrawal or the date on which the withdrawal was initiated or expanded.
26. 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)]
27. Non-compliance with or violation of the conditions herein set forth by a specific project may
result in revocation of this General Certification for the project and may also result in criminal
and/or civil penalties.
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)
This the 211t day of September 2018
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
KAH/slh
WQC004170

sourcas
U.S. ARMY CORPS OF ENGINEERS
Wilmington District tl JAN - 7 2019
Compensatory Mitigation Responsibility Transfek Form
Permittee: Western Carolina University / Mr. Joe Walker Action ID SAW -2015-00263 ,I`'�rations
Project Name: WCU 2014 Master Plan Improvement Projects County: Jackson
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to
ensure that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed
copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation
Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur
in more than one 8 -digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms
for each Sponsor and/or HUC must be provided to the appropriate mitigation Sponsors.
Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at
the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of
whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the
bank ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project
Manager, and the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply
with all reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements:
Permitted Impacts Requiring Mitigation* 8 -digit HUC and Basin: 06010203, Little Tennessee River Basin
Stream Impacts (linear feet) Wetland Impacts (acres)
Warm
Cool
Cold Riparian Riverine Riparian Non-Riverine
Non -Riparian
Coastal
1,000 0.53
500 0.38
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements: 8 -digit HUC and Basin: 06010203, Little Tennessee River Basin
Stream Mitigation (credits) Wetland Mitigation (credits)
Warm Cool
Cold Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
1,000 0.53
Mitigation Site Debited: NCDMS
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the
NCDMS acceptance letter identifies a specific site, also list the specific site to be debited).
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are
currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the
required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigation Sponsor Nam
Name of Sponsor's Authorized Rep
Signature of Sponsor's Authorized Representative Date of Signature
Page 1 of 2 Form Updated 12 September, 2014

USACE Wilmington District
Compensatory Mitigation Responsibility Transfer Form, Page 2
Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions.
• Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only
after the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has
accepted responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by
the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon
permit issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of
permit issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming
that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE
administrative records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure
that the USACE Project Manager (address below) is provided with a signed copy of this form.
If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the USACE, the Sponsor must obtain case-by-case approval from the USACE Project Manager and/or North Carolina
Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District
guidance and a new version of this form must be completed and included in the USACE administrative records for both
the permit and the Bank/ILF Instrument.
Comments/Additional Conditions:
None
This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once
signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the
USACE Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell, 3331
Heritage Trade Drive, Suite 105, Wake Forest, NC27587 (email. todd. tugwell@usace. army. mil). Questions regarding this
form or any of the permit conditions may be directed to the USACE Project Manager below.
USACE Project Manager: David Brown
USACE Field Office: Asheville Regulatory Field Office
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Email: [e-mail]
December 20, 2018
USACE Project Manager Signature Date of Signature
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at http://ribits.usace,army.mi1.
Page 2 of 2
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