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HomeMy WebLinkAbout20020305 Ver 1_COMPLETE FILE_20020208CP&L Av ' 3 A Progress Energy Company ? - - , t?lA EST UA '? UP t10' SECTt(iAt Ms. Lillette Moore Mr. John Dorney Wilmington Regulatory Field Office North Carolina Division of Water Quality Corps of Engineers 401 Wetlands Unit P.O. Box 1890 1650 Mail Service Center Wilmington, NC 28402-1890 Raleigh, NC 27699-1786 Subject: Remediation of Former Fayetteville Manufactured Gas Plant Dear Ms. Moore and Mr. Dorney: Previously, in a letter and PCN dated February 26, 2002, Carolina Power & Light Company (CP&L) applied for authorization from the Corps and DWQ to remediate the above site. Authorization was granted by the Corps under Nationwide Permit No. 38 on April 1, 2002 (Action ID: 200200608) and by the DWQ under General Certification 3116 on March 8, 2002 (DWQ# 02-0305). In our initial application, we noted that we did not anticipate excavating the creek bottom, but that such excavation might be required. Both the Corps and DWQ approved such excavation (up to 145 linear feet of stream) in the above authorizations. In subsequent discussions with the Division of Waste Management, we have been asked to proceed with excavating approximately 80 linear feet of the stream bottom. We anticipate excavating the bottom to the clay layer, which equates to removal of from 0 to 1.5 feet (averaging approximately 1.0 foot) of the bottom. Because of the short distance and shallow depth to be excavated, we believe that allowing the stream to naturally "repopulate" the bottom with upstream substrate material will be more effective and less environmentally disturbing than for us to attempt to replace the removed material. We are seeking your concurrence with that course of action. Please contact Mr. Buzz Bryson at 919-362-3551 if we can provide additional information. Very truly yours, Benjamin C. White, Manager Environmental Compliance & Remediation WTB/ c: Mr. W. T. Bryson Mr. K. A. MacPherson n t R.O. Box 1551 Raleigh, NC NC 27602 Michael F. Easley Governor William G. Ross, Jr., Secretary Department of Environment and Natural Resources Gregory J. Thorpe, Acting Director Division of Water Quality March 8, 2002 DWQ# 02-0305 Cumberland County Kerry MacPherson CP&L 410 South Wilmington St. Progress Energy Building 8A Raleigh, NC, 27601 APPROVAL of 401 Water Quality Certification Dear Ms. MacPherson: You have our approval, in accordance with the attached conditions, to temporarily excavate up to 145 linear feet of Cross Creek in order to conduct remediation of contamination from the former Fayetteville Manufactured Gas Plant in Cumberland County, as described in your application received by the Division of Water Quality on February 28, 2002. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3116, which can also be viewed on our web site at http:Hh2o.enr:state.nc.us/ncwetlands . This Certification allows you to use Nationwide Permit 38 when the Corps of Engineers issues it. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire when the accompanying 404 permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us in writing and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. if total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification and the additional condition listed below: If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Ken Averitte in DWQ's Fayetteville Regional Office at 910-486-1541 or Cyndi Karoly in Raleigh at 919-733- 9721. J X rZ J. Thorpe, Ph.D. Attachments cc: Corps of Engineers Wilmington Regulatory Field Office Fayetteville DWQ Regional Office File Copy Central Files Buzz Bryson, CP&L, Harris E&E Center, P.O. Box 327, New Hill, NC, 27562 020305 North Carolina Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address). 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) - - ?- - 1-1 ,.--N - 100 co o it....% t..,...ui.,n......-,.a„•., .,- ..-i.,,,...,.a-- , CP&L A Progress Energy Company Ms. Lillette Moore Wilmington Regulatory Field Office Corps of Engineers P.O. Box 1890 Wilmington, NC 28402-1890 Mr. John Dorney North Carolina Division of Water Quality 401 Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Subject: Remediation of Former Fayetteville Manufactured Gas Plant Dear Ms. Moore and Mr. Dorney: February 26, 2002 FEB 2 8 2002 Carolina Power & Light Company (CP&L) and North Carolina Natural Gas Company (NCNG) are in the process of remediating a former manufactured gas plant (MGP) site in Fayetteville (enclosed Figure 1) in cooperation with the NCDENR's Division of Waste Management. The remediation will involve removal of contaminated soil at the site, and restoration of the area to pre-construction contours with unimpacted soil, and revegetation with native species. We are seeking concurrence from the Corps of Engineers and the Division of Water Quality to conduct the remediation project under Nationwide Permit No. 38 and the associated water quality certificate. As shown on the enclosed Figure 2, we currently plan to remediate six areas at the site, including the two larger areas (Areas 1 and 2) on either side of Cross Creek. A prior determination has shown there are no wetlands on the site; however, Cross Creek itself is jurisdictional. Though not currently envisioned in the Remedial Action Plan, the remediation may potentially require that we strip the riparian vegetation and some soil from up to 140-145 feet of the creek (the area of the creek between Zones 1 and 6 on the south bank, and Zone 2 on the north bank). We do not anticipate removing material from the stream bottom at this time. However, on-going examination of the material during the remediation process may result in expansion of the area requiring excavation. Should the remediation require removal of the soil to elevations near the stream bank, we anticipate placing silt fence, turbidity curtain, heavy-duty erosion control mat, or similar appropriate structures temporarily along the streambank to prevent sediment from entering the stream. Otherwise, erosion will be controlled with more conventional means as described in the erosion and sedimentation control plan (filed separately with the Division of Land Resources). P.O. Box 1551 Raleigh, NC 27602 Following completion of work, CP&L will utilize bio-logs to temporarily stabilize the streambank. Native vegetation, including a mixture of woody and herbaceous species, will be replanted on the streambank as described in the erosion and sedimentation control plan specifications. We anticipate the project will start around April 15, 2002, and be completed by approximately August 30, 2002. Please contact Mr. Buzz Bryson at 919-362-3551 if we can provide additional information. Very truly yours, 2 " Benjamin C. White, Manager Environmental Performance & Remediation /wtb c: Mr. W. T. Bryson Mr. K. A. MacPherson Mr. John Roberts (JWC) Enclosures: 1. Figures 1-2 2. Pre-Construction Notification Form (7 copies to DWQ) 3. Processing Fee Check to DWQ dF VVAT? O G 4 a FEB 2 200) r s? Pre-Construction Notification (PCN) Application Form For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401 General Water Quality Certifications, and Riparian Buffer and Watershed Buffer Rules This form is to be used for projects qualifying for any of the U.S. Army Corps of Engineers' (USACE) Nationwide, Regional or General Permits as required by Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act, and for the North Carolina Division of Water Quality's (DWQ) associated General 401 Water Quality Certifications. This form is also to be used for any project requiring approval under any Riparian Buffer Rules implemented by the N.C. Division of Water Quality. This form should not be used if you are requesting an Individual 404 Permit or Individual 401 Water Quality Certification. The USACE Individual Permit application form is available online at http://www.saw.usace.army.mil/wetlands/Perm. app.htm. The USACE is the lead regulatory agency. To review the requirements for the use of Nationwide, Regional or General permits, and to determine which permit applies to your project, please go to the USACE website at http://www.saNv.usace.arrny.mil/wetlands/regtour.htm, or contact one of the field offices listed at the end of this application. The website also lists the responsible project manager for each county in North Carolina and provides additional information regarding the identification and regulation of wetlands and waters of the U.S. The DWQ issues a corresponding Certification (General or Individual), and cannot tell the applicant which 401 Certification will apply until the 404 Permit type has been determined by the USACE. Applicants are encouraged to visit DWQ's 401/Wetlands Unit website at http://h2o.enr.state.nc.us/ncwetlands to read about current requirements for the 401 Water Quality Certification Program and to determine whether or not Riparian Buffer Rules are applicable. The applicant is also advised to read the full text of the General Certification (GC) matching the specific 404 Permit requested. In some cases, written approval for some General Certifications is not required, provided that the applicant adheres to all conditions of the GC. Applicants lacking access to the internet should contact DWQ's Central Office in Raleigh at (919) 733-1786. Trout Waters Coordination - Special coordination with the North Carolina Wildlife Resources Commission (NCWRC) is also required for projects occurring in any of North Carolina's twenty-five counties that contain trout waters. In such cases, the applicant should contact the appropriate NCWRC regional coordinator (listed by county on the last page of this application). Page 1 of 13 CAMA Coordination - If the project occurs in any of North Carolina's twenty coastal counties (listed on the last page of this application) the applicant should also contact the North Carolina Division of Coastal Management (DCM) at (919) 733-2293. DCM will determine whether or not the project involves a designated Area of Environmental Concern, in which case DCM will act as the lead permitting agency. In such cases, DCM will require a Coastal Area Management Act (LAMA) Permit and will coordinate the 404/401 Permits. USACE Permits - Submit one copy of this form, along with supporting narratives, maps, data forms, photos, etc. to the applicable USACE Regulatory Field Office (addresses are listed at the end of this application). Upon receipt of an application, the USACE will determine if the application is complete as soon as possible, not to exceed 30 days. This PCN form is designed for the convenience of the applicant to address information needs for all USACE Nationwide, Regional or General permits, as well as information required for State authorizations, certifications, and coordination. Fully providing the information requested on this form will result in a complete application for any of the USACE Nationwide, Regional or General permits. To review the minimum amount of information that must be provided for a complete PCN for each USACE Nationwide permit, see Condition 13, 65 Fed.Reg. 12893 (March 9, 2000), available at htip://www.saw.usace.anny.mil/wetlands/nwpfinalFedReLg.pdf. Processing times vary by permit and begin once the application has been determined to be complete. Please contact the appropriate regulatory field office for specific answers to permit processing periods. 401 Water Quality Certification or Buffer Rules - All information is required unless otherwise stated as optional. Incomplete applications will be returned. Submit seven collated copies of all USACE Permit materials to the Division of Water Quality, 401/Wetlands Unit, 1650 Mail Service Center, Raleigh, NC, 27699-1650. If written approval is required or specifically requested for a 401 Certification, then a non-refundable application fee is required. In brief, if project impacts include less than one acre of cumulative wetland/water impacts and less than 150 feet cumulative impacts to streams, then a fee of $200 is required. If either of these thresholds is exceeded, then a fee of $475 is required. A check made out to the North Carolina Division of Water Quality, with the specific name of the project or applicant identified, should be stapled to the front of the application package. For more information, see the DWQ website at http://h2o.ehnr.state.nc.us/ncwetlands/fees.html. The fee must be attached with the application unless the applicant is a federal agency in which case the check may be issued from a separate office. In such cases, the project must be identifiable on the U.S. Treasury check so that it can be credited to the appropriate project. If written approval is sought solely for Buffer Rules, the application fee does not apply, and the applicant should clearly state (in a cover letter) that only Buffer Rule approval is sought in writing. Wetlands or waters of the U.S. may not be impacted prior to issuance or Waiver of a Section 401 Water Quality Certification. Upon receipt of a complete application for a 401 Certification, the Division of Water Quality has 60 days to prepare a written response to the applicant. This may include a 401 Certification, an on-hold letter pending receipt of additional requested information, or denial. Page 2 of 13 Office Use Only: Form Version April 2001 USACE Action ID No. DWQ No. If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than leaving the space blank. 1. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ? Section 10 Permit ® 401 Water Quality Certification ? Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide Permit No. 38 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (see section VIII - Mitigation), check here: ? II. Applicant Information 1. Owner/Applicant Information Name: Mr. Kerrv MacPherson Mailing Address: CP&L 410 South Wilmington Street Progress Energy Building 8A Raleigh, NC 27601 Telephone Number: 919/546-6753 Fax Number: 919/546-6005 E-mail Address: kenacpherson@pgnmail.com 2. Agent Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Buzz Bryson Company Affiliation: CP&L, providing project environmental support Mailing Address: CP&L Harris E&E Center P. O. Box 327 New Hill NC 27562 Telephone Number: 919-362-3551 Fax Number: 919-362-3266 E-mail Address: buzz.br sson@,pg mail.com Page 3 of 13 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Remedial Action Plan for Former Fayetteville MGP Site 2. T.I.P. Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): -0437-45-6858, 0437-46-8398, 0437-56-1010, 0437-55-5626, 0437-55-4597, and 0437-55-3733 4. Location County: Cumberland Nearest Town: Fayetteville Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc.): Site is on the west side of the 200 block of Ray Avenue in Fayetteville, between Rowan Street and Hay Street. 5. Site coordinates, if available (UTM or Lat/Long): 17.69°E 38.81°N (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Describe the existing land use or condition of the site at the time of this application: Site is currently vacant. The site was originally used for a manufactured gas plant (MGP), and subsequently for various commercial uses. 7. Property size (acres): Approximately 7.9 acres 8. Nearest body of water (stream/river/sound/ocean/lake): Cross Creek 9. River Basin: Cane Fear Page 4 of 13 (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/mgps/.) 10. Describe the purpose of the proposed work: Remediation of contamination from the former MGP site. Contaminated soil will be removed, replaced with unimpacted soil, and the area restored. The current plan, based on extensive analysis of the site, calls for removal of soil from those areas indicated on the attached map. Limited removal of soil from stream banks may potentially be required. There are no plans to remove soil from the stream bank or sediment from the stream bottom, but continuing analysis during remediation might necessitate expansion of the project to include soil removal from additional areas of the stream banks or bottom. All areas will be restored to pre-construction contour, and revegetated with native species. 11. List the type of equipment to be used to construct the project: Heavy equipment will be used to remove contaminated soil. No equipment will be used in waters. 12. Describe the land use in the vicinity of this project: Commercial/industrial. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. No previous work has been done at this site. A Corps of Engineers determination of the presence of jurisdictional waters was made on February 25, 1998. V. Future Project Plans Are any additional permit requests anticipated for this project in the future? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application: No further permits are anticipated at this site. Page 5 of 13 VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Wetland Impacts Wetland Impact Site Number indicate on ma Type of Impact* Area of Impact acres) Located within 100-year Floodplain** es/no) Distance to Nearest Stream feet Type of Wetland*** N/A * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at hn://www.fema.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) List the total acreage (estimated) of existing wetlands on the property: No wetlands. Total area of wetland impact proposed: No impacts 2. Stream Impacts, including all intermittent and perennial streams Stream Impact Site Number (indicate on map) Type of Impact* Length of Impact linear feet Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? ( leases ecify) 1 Temporary Up to 145 Cross Creek 15 feet Perennial Excavation of Stream Bank (potential) Page 6 of 13 k List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rin-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.usas.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.toporone.com, www.mapquest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: U to 145 linear feet (potential) 3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. Open Water Impact Site Number (indicate on ma) Type of Impact* Area of Impact (acres) Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc. N/A * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 4. Pond Creation N/A If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and Page 7 of 13 financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. Site remediation plan was developed in cooperation with NCDENR's Division of Waste Management under an Administrative Order on Consent (AOC). The remediation requires removal of contaminated soil. Though not envisioned in the Remedial Action Plan, site conditions during the remediation may require the excavation of soils on the stream bank. Upon completion, the site will be restored to pre-construction contours, and impacted stream banks (if any) will be revegetated with native plants. All impacts will be temporary, and there will be no loss of waters or wetlands. Work will be conducted under a NCDENR-approved erosion and sedimentation control plan, and various measures (e. g. silt fence, sediment traps, heavy-duty erosion control matting, temporary seeding) will be taken to prevent soil from entering streams. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at hLtp://li2o.enr.state.nc.us/ncwetlands/stn-ngide.html. Page 8 of 13 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site c and proposed method of construction. Please attach a separate sheet if more s ce is n .-- f the 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that you would like to pay into the NCWRP. Please note that payment into the NCWRP must be reviewed and approved before it can be used to satisfy mitigation requirements. Applicants will be notified early in the review process by the 401/Wetlands Unit if payment into the NCWRP is available as an option. For additional information regarding the application process for the NCWRP, check the NCWRP website at hiip://h2o.enr.state.nc.us/wW/index.htrn. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: N/A Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): IX. Environmental Documentation (DWQ Only) Does the project involve an expenditure of public funds or the use of public (federal/state/local) land? Page 9 of 13 Yes ? No ® N/A If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No ? N/A If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? N/A X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify. )? Yes ? No ® If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet) Multiplier Required Mitigation 1 N/A 3 2 1.5 Total Gone 1 extends out 30 teet perpendicular from near bank of channel; Gone 2 extends an additional 20 feet from the edge of Zone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 213 .0242 or .0260. N/A Page 10 of 13 XI. Stormwater (DWQ Only) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. Impervious acreage will not be increased on the site. Instead, approximately 0.30 acres of asphalt currently on the site will be removed as a result of the Remedial Action. Standard erosion control devices will be employed to protect surface waters such as silt fences, silt curtain, sediment traps and stabilized construction entrances. These erosion control measures will be implemented in accordance with an erosion and sedimentation control plan approved by NCDENR - Division of Land Resources prior to initiation of the Remedial Action. XII. Sewage Disposal (DWQ Only) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. N/A XIII. Violations (DWQ Only) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). N/A Page 11 of 13 Applicant/Agent's Signature %Z XZ, C1 ? Date 2?!°2 (Agent's signature is valid only if an authorization letter from the applicant is provided.) US Army Corps Of Engineers Field Offices and County Coverage Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell Union US Army Corps of Engineers Avery Clay Jackson Polk Watauga 151 Patton Avenue Buncombe Cleveland Lincoln Rowan Yancey Room 208 Burke Gaston Macon Rutherford Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley Telephone: (828) 271-4854 Caldwell Haywood McDowell Swain Fax: (828) 271-4858 Catawba Henderson Mecklenburg Transylvania Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham Wilson US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes Yadkin 6508 Falls of the Neuse Road Ashe Franklin Nash Surry Suite 120 Caswell Forsyth Northampton Vance Raleigh, NC 27615 Chatham Granville Orange Wake Telephone: (919) 876-8441 Davidson Guilford Person Warren Fax: (919) 876-5283 Davie Halifax Randolph Wilkes Washington Regulatory Field Office Beaufort Currituck Jones Pitt US Army Corps Of Engineers Bertie Dare Lenoir Tyrrell Post Office Box 1000 Camden Gates Martin Washington Washington, NC 27889-1000 Carteret* Green Pamlico Wayne Telephone: (252) 975-1616 Chowan Hertford Pasquotank Fax: (252) 975-1399 Craven Hyde Perquimans *Croatan National Forest Only Wilmington Regulatory Field Office Anson Duplin Onslow US Army Corps Of Engineers Bladen Harnett Pender Post Office Box 1890 Brunswick Hoke Richmond Wilmington, NC 28402-1890 Carteret Montgomery Robeson Telephone: (910) 251-4511 Columbus Moore Sampson Fax: (910) 251-4025 Cumberland New Hanover Scotland US Fis US Fish and Wildlife Service Raleigh Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Telephone: (919) 856-4520 h and Wildlife Service / National N US Fish and Wildlife Service Asheville Field Office 160 Zillicoa Street Asheville, NC 28801 Telephone: (828) 665-1195 [arine Fisheries Service National Marine Fisheries Service Habitat Conservation Division Pivers Island Beaufort, NC 28516 Telephone: (252) 728-5090 North Carolina State Agencies Division of Water Quality 401 Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Telephone: (919) 733-1786 Fax: (919) 733-9959 Division of Water Quality Wetlands Restoration Program 1619 Mail Service Center Raleigh, NC 27699-1619 Telephone: (919) 733-5208 Fax: (919) 733-5321 State Historic Preservation Office Department Of Cultural Resources 4617 Mail Service Center Raleigh, NC 27699-4617 Telephone: (919) 733-4763 Fax: (919) 715-2671 Page 12 of 13 CAMA and NC Coastal Counties Division of Coastal Management Beaufort Chowan Hertford Pasquotank 1638 Mail Service Center Bertie Craven Hyde Pender Raleigh, NC 27699-1638 Brunswick Currituck New Hanover Perquimans Telephone: (919) 733-2293 Camden Dare Onslow Tyrrell Fax: (919) 733-1495 Carteret Gates Pamlico Washington NCWRC and NC Trout Counties Western Piedmont Region Coordinator Alleghany Caldwell Watauga 3855 Idlewild Road Ashe Mitchell Wilkes Kernersville, NC 27284-9180 Avery Stokes Telephone: (336) 769-9453 Burke Surry Mountain Region Coordinator Buncombe Henderson Polk 20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford Waynesville, NC 28786 Clay Macon Swain Telephone: (828) 452-2546 Graham Madison Transylvania Fax: (828) 506-1754 Haywood McDowell Yancey Page 13 of 13 Progress Energy Service Company, LLC ? G-0-e444 f 7 on behalf of Progress Energy, Inc. subsidiaries \ PMWM EwW P.O. Box 1551 ••••77 ??77''?7 Raleigh, NC 27802 - Check Date 26-FEB-02 Check Number 94916 Vendor name N C DENR Vendor # 11946 Invoice# Invoice Date Invoice Description Adjustments Paid Amt bo' lie 0 200 200