20190441 Ver 1_USACE Permit_20190605

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 2019-00597 County: Buncombe U.S.G.S. Quad: NC-Skvland
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: SMS Enterprises, LLC
Sandeep Gupta
Address: 1652 Olmstead Way
Asheville, NC 28803
Telephone Number: 866-681-5011
Size (acres) 13 acres
Nearest Waterway UT Lake Julian
USGS HUC 06010105
Nearest Town Arden
River Basin French Broad -Holston
Coordinates Latitude: 35.453899
Longitude: -82.52460
Location description: The site is located at 100 Airport Road, in Asheville, NC.
Description of projects area and activity: This verification authorizes the placement of fill and installation of culverts for
development of commercial outparcels. Impacts authorized by this permit total 0.056 acre of wetland and 201 linear feet of
stream channel. See Special Condition below for mitivation requirements:
1. 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.
Applicable Law(s): ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: NWP 39. Commercial and Institutional Developments
SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the enclosed
Conditions, your application signed and dated 4/5/2019, and the enclosed plans dated 4/1/2019. Any violation of the attached
conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class
I administrative penalty, 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.
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 Amanda Jones at 828-271-7980 extension 4225 or amandaJonesAusace.armv.mil.
FUEMMELER.AMANDA.JONE Digitally signed by
FU EMM ELER.AMANDA.JON E5.1242835090
Corps Regulatory Official: 5.1242835090 Date: 2019.06.05 13:46:57-04'00'
Expiration Date of Verification: 03/18/2022
Date: 06/05/2019

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
http://corpsmapu.usace.army.mil/cm_apex/Pp=13 6:4:0
Copy furnished: C1earWater Environmental Consultants, Inc.
Clement Riddle (via email)

Action ID Number: 2019-00597 County: Buncombe
Permittee: SMS Enterprises, LLC, Sandeep Gupta
Project Name: Carolina Furniture Concepts outparcel / NWP 39
Date Verification Issued: 06/05/2019
Project Manager: Amanda Jones
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: Amanda Jones
Asheville Regulatory Office
U.S Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, North Carolina 28801
or
amanda. j [e-mail]
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
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

Compensatory Mitigation Responsibility Transfer Form
Permittee: SMS Enterprises, LLC, Sandeep Gupta Action ID: 2019-00597
Project Name: Carolina Furniture Concepts outparcel / NWP 39 County: Buncombe
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: 06010105, French Broad River Basin
Stream Impacts (linear feet) I Wetland Impacts (acres)
Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal
201
*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: 06010105, French Broad River Basin
Stream Mitigation (credits) I Wetland Mitigation (credits)
Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian I Coastal
201
Mitigation Site Debited:
(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 Name:
Name of Sponsor's Authorized Representative:
Signature of Sponsor's Authorized Representative Date of Signature

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: A letter from NICDMS, confirming they are willing and able to accept the applicants
compensatory mitigation responsibility, dated 4/3/2019 was included with the preconstruction notification.
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, 11405 Falls
of Neuse Road, Wake Forest, NC 27587 (email: [e-mail]. mil). Questions regarding this form or any of the
permit conditions may be directed to the USACE Project Manager below.
USACE Project Manager: Amanda Jones
USACE Field Office: Asheville Regulatory Office
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, North Carolina 28801
Email: [e-mail]
Digitally signed by
FUEMMELER.AMAND FUEMMELER.AMANDA.JONES.124
A.JONES.1242835090 2835090
Date: 2019.06.05 13:48:36 -04'00'
USACE Project Manager Signature
06/05/2019
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.miI