20091242 Ver 1_Other Agency Comments_20100426

U.S. ARMY CORPS OF ENGINEERS J .`
F.
WILMINGTON DISTRICT
Action ID. SAW-2009-01801 County: Rockingham USGS Quad: Belews Lake
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIF TON
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Property Owner /Authorized Agent: Duke Power Company--Attn: Ron Lewis
Address: P.O. Box 1006 APR 2 6 Charlotte, North Carolina 28201-1006 Z?ff7
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WETLANnc r kom C'nR.%8-WATR &RAN.H
Telephone No.: 980-383-5710
Size and location of property (water body, road name/number, town, etc.): < 1 acre (approximatelv); The site is located
at the Belews Creek, Dan River confluence and extends southward, crossing SR 1138 and terminating immediatelv
south of the Belews Lake Dam, in Rockingham Countv, North Carolina and is identified as the Duke Power/Belews
Creek Permanent Punnpiiig Station
Description of projects area and activity: This authorization is for the discharge of clean fill material associated with
the followinn impact locations: W1) 0.45 acre of adiacent wetland fill for the construction of an MCC Building:
S1) 15 linear feet of permanent fill within the Dan River, a jurisdictional water for construction of a raw water
intake structure; S2) 10 linear feet of permanent fill within Belews Creek, a jurisdictional water for construction of
a raw water intake structure; S3) 425 linear feet of temporary impacts associated with the installation of
temporary coffer clams and bank stabilization activities along the Dan River; S4) 480 linear feet of temporary
impacts associated with the installation of temporary coffer dams and bank stabilization activity along Belews
Creek; 01) 0.082 acre of permanent impact associated with construction of an outfall structure in Belews Lake, a
jurisdictional water; 02) 0.261 acre of temporary impacts associated with construction of an outfall structure in
Belews Lake. The project must be conducted in accordance with the application and drawings submitted on
September 9, 2009, subsequent information provided on October 16, 2009 and in accordance with the attached
special conditions, which were agreed upon during a February 25, 2010 meeting between the U.S. Army Corps of
Engineers, North Carolina Division of Water Quality, North Carolina Division of Water Resources North
Carolina Wildlife Resources Commission, U.S. Fish and Wildlife Service and Duke Energy.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 12
Your work is authorized by the above referenced pernut provided it is accomplished in strict accordance with the attached
conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the
permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to be modified,
reissued, or revoked prior to March 18, 2012. It is incumbent upon you to remain informed of changes to the NWPs. We will issue a
public notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence this activity before the
date that the relevant nationwide permit is modified or revoked, you will have twelve (12) months from the date of the modification or
revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit.
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 Quality (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (LAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management .
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Andrew Williams at telephone number 919-876-4884 extension 26.
Corps Regulatory Official zkelw? Date: April 20, 2010
Page 1 of 4
Expiration Date of Verification: March 18, 2012
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so,
please complete the Customer Satisfaction Survey located at our website at http://re,-'Lllatorv.usaCesurvey.com/ to complete the survey
online.
Determination of Jurisdiction:
? Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area.
This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
( Reference 33 CFR Part 331).
? There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
® There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section
404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
? The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued . Action ID
Basis of Jurisdictional Determination: Belews Creek is a relatively permanent water (RPW) and a tributary to the Dan River a
traditionally navigable water (TNW). The Dan River is a tributary to the Roanoke River, a navigable water of the United
States. The wetlands are adiacent to Belews Creek and the Dan River and meet the hydrophytie vegetation wetland
hydrology, and hydric soil criteria of the 1987 Corps of Engineers Wetland Delineation Manual
This jurisdictional determination is onlv for the waters/wetlands proposed for impacts associated with this Nationwide Permit
and does not include any other waters/wetlands that may be located within the proposed project area
Appeals Information (This information applies only to approved jurisdictional determinations.)
Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that approved jurisdictional
determination, you can make an administrative appeal under 33 CFR 331. Enclosed you will find a Notification of Appeal Process
(NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA
form to the following address:
District Engineer, Wilmington Regulatory Division
Attn: Andrew Williams, Project Manager,
Raleigh Regulatory Field Office
U.S. Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
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 District 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 June 18, 2010.
"It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this correspondence."
Corps Regulatory Official: ZO'1-e ?
Date April 20, 2010
Expiration Date April 20, 2015
Page 2 of 4
Summarv of Authorized Impacts and Required Mitigation
Action ID NWP / GP Open Water (ac) Wetland (ac) Unimportant Steam (If) Important Stream (10
# # Temporary Permanent Temporary Permanent Temporary Permanent Temporary Permanent
SAW-2009-
01801 NWP 12 0.261 0.082 0.045 25
905

Impact Totals 0.261 0.082 0 0.045 0 0 905 25
Total Loss of Waters of the U.S. (ac) 0.045 Total Loss of Waters of the U.S. (10 0
Required Wetland Mitigation (ac) 0 Required Stream Mitigation (If) 0
Additional Remarks and/or Special Permit Conditions:
REMARKS: There is no permanent loss of open water as the 0.082 acre of fill is located on the lake bottom and no
lake acreage will be converted to dry land. There is no permanent loss of stream length as the 25 linear feet of
permanent impacts associated with the velocity cap construction will be submerged and there will be no stream
length converted to dry land.
Special Conditions:
1. No pumping of stream flow from either the Dan River or Belews Creek shall occur from I April to 30 June to
minimize impingement/entrainment of eggs and larval fish.
2. The permittee must by-pass at least 80°/0 of ambient flow as recorded at the Pine Hall USGS gage (i.e. permittee
may withdraw no more than 20'%O of the flow).
3. The permittee must allow a minimum flow of no less than 110 cfs as recorded at the Pine Hall USGS gage, even
if the 80'%o flow-by requirement is satisfied.
4. No in stream work will occur from April 1 to June 30.
5. A survey of endangered species must occur prior to placement of the temporary cofferdams, but no more than
30 days prior to placement of the coffer dams and prior to blasting.
6. The permittee must post signs and maintain these signs as long as the velocity caps are operational, indicating
that velocity cap intake structures are present, in order to alert any boating traffic.
7. The permittee must maintain records to document conditions 2 and 3 above.
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Copy Furnished:
Sue Homewood
North Carolina Department of Natural Resources
Division of Water Quality
585 Watughtown Street
Winston-Salem, NC 27107
Ian McMillian
North Carolina Department of Environment and Natural Resources
Division of Water Quality 401 Unit
2321 Crabtree Blvd.
Raleigh, North Carolina 27604
Page 3 of 4
Mark Boxvers
US Fish and Wildlife Services
Raleigh Field Office
P.O. Box 33726
Raleigh, NC 27636 - 3726 27636
Shari Bryant
NC Wildlife Resources Commission
Habitat Conservation Program
P.O. Box 129
Sedalia, North Carolina 27342-0129
Fred Tarver
NC Division of Water Resources
1611 Mail Service Center
Raleigh, NC 27699-1611
Page 4 of 4
Action ID Number:SAW-2009-01801 County: Rockin2ham
Permittee: Duke Power Companv--Attn: Ron Lewis
Date Verification Issued: April 20, 2010
Project Manager: Andrew Williams
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
RALEIGH REGULATORY FIELD OFFICE
3331 HERITAGE TRADE DRIVE, SUITE 105
WAKE FOREST, NORTH CAROLINA 27587
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. If you fail to comply with this permit you are subject to permit suspension,
modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Date
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Duke Power Company--Attn:
Ron Lewis File Number: SAW-2009-01801 Date: April 20, 2010
Attached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of
permission) A
PROFFERED PERMIT (Standard Permit or Letter of permission) B
PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above
decision. Additional information may be found at http://www.usace.army.mil/inet/functions/cw/ceewo/reg or
Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Coups 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 II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision If you only have questions regarding the appeal process you
and/or the appeal process you may contact: may also contact:
Andrew Williams, Regulatory Project Manager Mr. Mike Bell, Administrative Appeal Review Officer
Raleigh Regulatory Field Office CESAD-ET-CO-R
U.S. Arrny Corps of Engineers U.S. Army Corps of Engineers, South Atlantic Division
3331 Heritage Trade Drive, Suite 105 60 Forsyth Street, Room 9M15
Wake Forest, North Carolina 27587 Atlanta, Georgia 30303-8801
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any
government consultants, to conduct investigations of the project site during the course of the appeal process. You
will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site
investigations.
Date: Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits and approved Jurisdictional Determinations send this form to:
District Engineer, Wilmington Regulatory Division, Attn:Andrew Williams, Project Manager, Raleigh
Regulatory Field Office, 3331 Heritage Trade Drive, Suite 105, Wake Forest, North Carolina 27587
For Permit denials and Proffered Permits send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Mike Bell,
Administrative Appeal Officer, CESAD-ET-CO-R, 60 Forsyth Street, Room 9M15, Atlanta, Georgia
30303-8801