12513_FALCON CABLE MEDIA_19940506

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CAMA AND DREDGE AND FILL
GENERAL D N•
MAY 1 61f� 3
PERMITv,
as authorized by the State of North Carolina �wrr��+i.rwr•..•r��rr■�W�n�&f►
Department of Environment, Health, and Natural Resources and the Coastal Resources Commission
in an area of environmental concern pursuant to 15 NCAC t
Applicant Name �' �` (r ` a ' j Phone Number
Address J
City , State Zip
Project Location (County, State Road, Water Body, etc.)
Type of Project Activity
PROJECT DESCRIPTION SKETCH (SCALE: )
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This permit is subject to compliance with this application, site
drawing and attached general and specific conditions. Any
violation of these terms may subject the permittee to a fine,
imprisonment or civil action; and may cause the permit to be-
come null and void.
This permit must be on the project site and accessible to the
permit officer when the project is inspected for compliance.
The applicant certifies by signing this permit that 1) this pro-
ject is consistent with the local land use plan and all local
ordinances, and 2) a written statement has been obtained from
adjacent riparian landowners certifying that they have no
attachments
objecons to the proposed work.
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In issuing this permit the State of North Carolina certifies that
this project is consistent with the North Carolina Coastal application fee
Management Program.
applicant's signature
permit officer's signature
issuing date expiration date

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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
April 6, 1994
IN REPLY REFER TO
Regulatory Branch
Action ID No. 199402088 and General Permit No. CESAW-CO81-N-000-0049
Mr. Joey Crews
Falcon Cable Media
Post Office Box 236
Holly Ridge, North Carolina 28445
Dear Mr. Crews:
Reference your application of March 7, 1994, for Department of the Army
(DA) authorization to install, by means of a directional bore, a television
cable to span the Atlantic Intracoastal Waterway (AIW➢t), adjacent to the Surf
City (Highway 50) Bridge, Pender County, North Carolina.
On April 1, 1988, we renewed general permit No. 198100049, (copy
enclosed) that authorizes the maintenance, repair and installation of aerial
and subaqueous utility lines with attendant structures and the discharge of
excavated or fill materials, within construction/access corridors, associated
with utility line maintenance, repair and installation in navigable waters and
waters of the United States in the State of North Carolina.
Your proposed work is authorized if you can comply with all general
permit conditions. Please read the enclosed permit to prevent an
unintentional violation of Federal law. As this Department of the Army
general permit does not relieve you of the responsibility to obtain any other
required approvals, you should contact appropriate State and local agencies
before beginning work.
If you have questions, contact Mr. Rudi Schiener, Wilmington Field
Office, Regulatory Branch, telephone [phone].
Sincerely
e Wrig
Chie RI
ry Branch
Enclosure

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
General Permit No. 198100049
Name of Permittee: General Public
Effective Date: January 1, 1994
Expiration Date: December 31, 1999
DEPARTMENT OF THE ARMY
GENERAL PERMIT
A general permit to perform work in or affecting navigable waters of the
United States and waters of the United States, upon recommendation of the
Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act of
March 3, 1899 (33 U.S.C. 403), and Section 404 of the Clean Water Act (33
U.S.C. 1344), is hereby modified and renewed by authority of the Secretary of
the Army by
District Engineer
U.S. Army Engineer District, Wilmington
Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
TO MAINTAIN, REPAIR AND INSTALL AERIAL AND SUBAQUEOUS UTILITY LINES WITH
ATTENDANT STRUCTURES AND TO DISCHARGE EXCAVATED AND/OR FILL MATERIALS WITHIN
CONSTRUCTION/ACCESS CORRIDORS IN NAVIGABLE WATERS AND WATERS OF THE UNITED
STATES IN THE STATE OF NORTH CAROLINA.
1. Special Conditions.
a. Work authorized by this general permit includes the installation of
pipes and pipelines for the transportation of any gaseous liquid, liquefiable
or slurry substance and any cable, line or wire for the transmission of
electrical energy, telephone or telegraph messages, and radio and television
communication. This general permit authorizes the temporary discharge of
excavated material from trenches or footings, the temporary discharge of
excavated or fill material for construction of access roads, the temporary
stockpiling of excavated or fill material for bedding and backfill and the
discharge of material for bedding and backfill, including outfall and intake
structures. All work will conform to the standards contained herein. Other
construction activities are not authorized by this general permit.
b. Excavation or discharge of dredged or fill material in any emergent
wetlands, forested wetlands, beds of submerged aquatic vegetation or shellfish
beds is discouraged. Whenever practicable, utility line routes will avoid
areas of concentrated shellfish production and submerged beds of vascular
aquatic vegetation.
C. Installation of aerial utility lines in Currituck Sound, Core Sound,
lower Pamlico Sound, Falls Lake, Jordan Lake and other areas identified as
important to avifauna migration and movement, will be specifically coordinated
with the U.S. Fish and Wildlife Service.

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d. To install a utility line under the authority of this general permit,
the permittee must apply to the District Engineer by submitting a written
description of the work and appropriate drawings on 8-1/2 inch by 11 inch
paper. Immediately after receipt of an application, the District Engineer
will assign an action identification number and examine the proposal to
determine the applicability of this general permit. If the proposal satisfies
the general permit conditions, the District Engineer will so inform the
permittee by letter which may contain additional, specific conditions to
assure that the work will have only a minimal impact on resources. The
permittee may not commence construction until he receives the District
Engineer'; letter. Copies of this letter, with drawings, will be furnished to
the Director, Atlantic Marine Center, National Ocean Service, Norfolk,
Virginia, and NOAA, the National Ocean Survey, Marine Chart Branch, Rockville,
Maryland.
e. The temporary discharge of excavated or fill material in waters or
wetlands will be for the absolute minimum period of time necessary to
accomplish the work.
f. This general permit does not authorize any permanent changes in
preconstruction elevation contours in waters or wetlands. A permittee will
have a specific plan for restoring wetland contours. Any excess material will
be removed to a highground disposal area.
g. The area of waters of the U.S. that is disturbed will be limited to
the minimum necessary to install the utility line. The work area authorized
by this general permit, including temporary access roadways, will be minimized
to the greatest extent practicable. In no case will the work corridor width
exceed forty (40) feet.
h. This general permit does authorize temporary roadway access, as
determined by the District Engineer, to be essential for maintenance, repair
and/or installation of utility lines.
(1) Temporary access roadways will not span more than one-half way
across any waters or wetlands at any one time.
(2) Temporary access roadways will be constructed of non -erodible
materials.
i. Material resulting from trench excavation may be temporarily sidecast
into waters of the U.S. provided that the material is not placed in such a
manner that it is dispersed by currents or other forces.
j. In wetlands, the top 6" to 12" of the trench will be backfilled with
topsoil from the trench.
k. Measures will be taken to prevent live or fresh concrete from coming
into contact with waters of the State until the concrete has hardened.
1. Stabilization will be required immediately on completion of each
individual utility line crossing. Any exposed slopes and streambanks must be
stabilized immediately upon installation of the utility line.

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v. This general permit does not relieve the permittee from the
responsibility of obtaining an easement to cross navigable waters from the
North Carolina Department of Administration, State Property Office, pursuant
to North Carolina General Statutes 143-341 (4), 146-11 and 146-12.
2. General Conditions.
a. There will be no unreasonable interference with navigation or the
right of the public to riparian access by the existence or use of activities
authorized by this general permit.
b. A permitter, upon receipt of written notice from the Wilmington
District Engineer of failure to comply with the terms or conditions of this
general permit, will, within 60 days, without expense to the U.S. Government,
and in such manner as the Wilmington District Engineer may direct, affect
compliance with the terms and conditions or return the worksite to a pre -work
condition.
C. The permittee must make every reasonable effort to perform the work
authorized herein in a manner so as to minimize any adverse impact on fish,
wildlife and natural environmental values.
d. The permittee must perform the work authorized herein in a manner so
as to minimize any degradation of water quality. The activity will be
conducted in such a manner as to prevent a significant increase in turbidity
outside the area of construction or construction -related discharge. Increases
such that the turbidity in the waterbody is 50 NTU's or less in all rivers not
designated as trout waters by the North Carolina Division of Environmental
Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes
and reservoirs, and 10 NTU's or less in trout waters, are not considered
significant.
e. The permittee will permit the Wilmington District Engineer or his
representative to make periodic inspections at any time deemed necessary in
order to assure that the activity is being performed or maintained in strict
accordance with the Special and General Conditions of this permit.
f. This general permit does not convey any rights, either in real estate
or material, or any exclusive privileges; and it does not authorize any injury
to property or invasion of rights or any infringement of Federal, State or
local laws or regulations, nor does it obviate the requirement to obtain State
or local assent required by law for the activity authorized herein. These may
include, but are not necessarily limited to, a Dredge and/or Fill Permit
(N.C.G.S. 113-229), a Coastal Area Management Act (LAMA) Permit (N.C.G.S.
113A-118), an Easement to Fill (N.C.G.S. 146-12) and a Water Quality
Certification pursuant to Section 401 of the Clean Water Act.
g. Authorization provided by this general permit may be either modified,
suspended or revoked in whole or in part if the Wilmington District Engineer,
acting on behalf of the Secretary of the Army, determines that such action
would be in the best public interest. Unless subject to modification,
suspension or revocation, the term of this general permit shall be five years.
Any modification, suspension or revocation of this authorization will not be
the basis for any claim for damages against the U.S. Government.

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m. Appropriate erosion and sedimentation control measures, in accordance
with State standards as directed by the North Carolina Division of
Environmental Management, will be employed whenever excavated or fill
materials are discharged in or near waters or wetlands.
n. This general permit cues not authorize the discharge of fill material
for roadways or any excavation of channels in ;navigable waters of the United
States, waters subject to Section 10 of the Rivers and Harbors Act of 1899.
Equipment operating in such waters must work from barges or wooden mats.
o. This general permit does not authorize the discharge of excavated or
fill material in fin fish or shrimp nursery areas or areas subject to
anadromous fish spawning runs during the period between March 1 and November
15 of any year. This general permit does not authorize the discharge of
excavated or fill material in designated trout waters during the period
between November 1 and April 15 of any year.
p. This general permit does not authorize any work which would adversely
affect any public water supply intake.
q. In areas where a subaqueous utility line is to cross a Federally -
maintained channel, i.e., the Atlantic Intracoastal Waterway (AIWW), it will
be buried at a minimum depth of six (6) feet below the depth of the authorized
channel. In other areas where subaqueous lines are subject to interfere with
navigation, they will be installed at a minimum depth of two (2) feet below
the substrate.
r. The minimum clearance for aerial communication lines, or any lines
not transmitting electrical power, will be ten (10) feet above the clearance
required for bridges in the vicinity as established by the U.S. Coast Guard.
S. The clearance for an aerial line is based on the low point of the
line under conditions which produce the greatest sag, taking into
consideration temperature, load, wind, length or span and the type of
supports. The minimum clearance for an aerial electrical power transmission
line will be governed by the system voltage as indicated below:
Nominal System Minimum Clearance
Voltage, kilovolt Above Bridge Clearance
(As Established by the U.S. Coast Guard)
115 and below
20 feet
138
22
161
24
230
26
350
30
500
35
700
42
750 to 765
45
t. The District Engineer reserves the right to require that subaqueous
lines be placed at greater depths or aerial lines be placed at greater heights
if the general public interest so indicates.
U. This general permit does not apply to utility lines that are a part
of a water power project. Federal authorization for such lines must be
obtained from the U.S. Department of Energy.

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h. This general permit does not authorize the interference with any
existing or proposed Federal project and the permittee will not be entitled to
compensation for damages or injury to the structures or work authorized herein
which may be caused by or result from existing or future operations undertaken
by the United States in the public interest.
i. This general permit will not be applicable to proposed construction
when the Wilmington District Engineer determines that the proposed activity
would significantly affect the quality of the human environment and determines
that an Environmental Impact Statement (EIS) must be prepared.
j. This general permit will not be applicable to proposed construction
when the Wilmington District Engineer determines, after any necessary
investigations, that the proposed activity would adversely affect areas which
possess historic, cultural, scenic, conservation or recreational values.
Application of this exemption applies to:
(1) Rivers named in Section 3 of the Wild and Scenic Rivers Act (15
U.S.C. 1273), those proposed for inclusion as provided by Sections 4 and 5 of
the Act and wild, scenic and recreational rivers established by State and
local entities.
(2) Historic, cultural or archeological sites listed in or eligible
for inclusion in the National Register of Historic Places as defined in the
National Historic Preservation Act of 1966 and its codified regulations, the
National Historic Preservation Amendment Acts of 1980 and 1992, the Abandoned
Shipwreck Act of 1987 and the Native American Graves Protection and
Repatriation Act.
(3) Sites included in or determined eligible for listing in the
National Registry of Natural Landmarks.
(4) Endangered or threatened species or habitat of such species as
determined by the Secretaries of Interior or Commerce and concerned in
accordance with the Endangered Species Act (16 U.S.C. 1531).
k. Permittees are advised that development ac'civities in or near a
floodway may be subject to the National Flood Insurance Program which
prohibits any development, including fill within a floodway that results in
any increase in base flood elevations.
1. At his discretion, the Wilmington District Engineer may determine
that this general permit will not be applicable to a specific construction
proposal. In such case, the procedure forprocessing an individual permit
accordance with 33 CFR 325 will be avai e
BY AUTHORITY OF THE SECRETARY OF THE / �.
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