HomeMy WebLinkAbout20021146 Ver 1_COMPLETE FILE_20020718WA
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October 23, 2002
DWQ# 02-1146
Wake County
Mr. Randy Cox
Manager, Carolina Power and Light Company
Lee Steam Electric Plant
1677 Old Smithfield Road
Goldsboro, NC, 27530-9434
APPROVAL of 401 Water Quality Certification with Additional Condition
Dear Mr. Cox:
You have our approval, in accordance with the attached conditions, to place fill in 0.19 acre of wetlands in order to construct a new
230 kV substation near New Hill in Wake County, as you described in your application received by the Division of Water Quality on July
18, 2002. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3374,
which can be viewed on our web site at htti)://h2o.enr.state.nc.us/ncwetlands. This Certification allows you to use Nationwide Permit
Number 12 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 Certification replaces the one issued to you on September 10, 2002.
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:
1. Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent
modifications, the applicant is required to return the attached certificate of completion to the 401/Wetlands Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
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, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. 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 Steve Mitchell in our Raleigh Regional Office at (919) 571-4700 or Cyndi Karoly in our Central Office in
Raleigh at 919-733-9721.
AW K/cbk
Attachments
cc: Corps of Engineers Raleigh Regulatory Field Office
Raleigh DWQ Regional Office
Central Files
File Copy
Buzz Bryson, CP&L, Rt. 1, Box 327, New Hill, NC, 27562
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699.1617 (919) 733-7015
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
021146rev
Customer Service
1 800 623-7748
Sincerely,
I
CP&L
A Progress Energy f'.i iii pwv
September 26, 2002
Mr. John Dorney
Wetlands Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
- dL?,
OCl 12002.` ?i??? ?? ?'
1 GR(ll1P r
Subject: 401 Approval (DWQ# 02-1146) for Apex- US 1 Substation
Dear Mr.
CP&L recently received approval from your office to place fill in 0.19 acre of
jurisdictional wetlands for construction of a new 230kV substation near New Hill. In that
approval letter, there was a special condition that the impervious area be limited to less
than 30%n, or that a written stormwater management plan be approved by your office
prior to construction.
I believe this requirement was added in error. First, the letter was incorrectly addressed
to our Lee Plant in Goldsboro, suggesting the project was in the Neuse basin, when in
fact it is in the Cape Fear Basin. Second, the project is not located in the vicinity of any
ORW/HQW waters, which along with CAMA counties and riparian rule watersheds are
drivers for the stormwater rules.
However, I am enclosing a drawing for the site, which shows that impervious surface will
be 13.5% of the total area.
Please contact me at 919-362-3551 or buzz. br, spgnmail.com if you have any further
questions. Thank you for your continued cooperation.
Very truly yours,
I-A-A 7- -Z-- <,??
1
William T. Bryson
wtb/
Enclosure
cc: Ms. Jessica Bellas
:i!U,' N,? hill II,)II linruI
Nrw 11,11 Mi PY",
? W q TF Michael F. Easley, Governor
Q 9 William G. Ross Jr., Secretary
OCR Q North Carolina Department of Environment and Natural Resources
6 Alan W. Klimek, P.E. Director
Division of Water Quality
o ? -
Mr. Randy Cox
Manager, Carolina Power and Light Company
Lee Steam Electric Plant
1677 Old Smithfield Road
Goldsboro, NC, 27530-9434
APPROVAL of 401 Water Quality Certification with Additional Condition
Dear Mr. Cox:
September 10, 2002
DWQ# 02-1146
Wake County
You have our approval, in accordance with the attached conditions, to place fill in 0.19 acre of wetlands in order to construct a new
230 kV substation near New Hill in Wake County, as you described in your application received by the Division of Water Quality on July
18, 2002. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3374,
which can be viewed on our web site at htto://h2o.enr.state.nc.us/ncwetlands . This Certification allows you to use Nationwide Permit
Number 12 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:
The following condition applies unless you can demonstrate to the Division that the anticipated buildout impervious area is less than
30%: A final, written stormwater management plan shall be approved in writing by this Office before the impacts specified in this
Certification occur. The stormwater management plan must include plans and specifications for stormwater management facilities
designed to remove 85% TSS according to the most recent version of the NC DENR Stormwater Best Management Practices
Manual. Also, before any permanent building is occupied at the subject site, the facilities, as approved by this Office, shall be
constructed and operational, and the stormwater management plan, as approved by this Office, shall be implemented. The
structural stormwater practices and well as drainage patterns must be maintained in perpetuity. No changes to the structural
stormwater practices shall be made without written authorization from the Division of Water Quality.
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, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. 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 Steve Mitchell in our Raleigh Regional Office at (919) 571-4700 or Cyndi Karoly in our Central Office in
Raleigh at 919-733-9721.
Attachments
cc: Corps of Engineers Raleigh Regulatory Field Office
Raleigh DWQ Regional Office
Central Files
File Copy
Buzz Bryson, CP&L, Rt. 1, Box 327, New Hill, NC, 27562
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015
21146
Customer Service
1 800 623-7748
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WAIF Michael F. Easley, Governor
0 R William G. Ross Jr., Secretary
O"' pG North Carolina Department of Environment and Natural Resources
co -7 Alan W. Klimek, P.E. Director
r- Division of Water Quality
Mr. Randy Cox
Manager, Carolina Power and Light Company
Lee Steam Electric Plant
1677 Old Smithfield Road
Goldsboro, NC, 27530-9434
APPROVAL of 401 Water Quality Certification with Additional Condition
Dear Mr. Cox:
September 10, 2002
DWQ# 02-1146
Wake County
You have our approval, in accordance with the attached conditions, to place fill in 0.19 acre of wetlands in order to construct a new
230 kV substation near New Hill in Wake County, as you described in your application received by the Division of Water Quality on July
18, 2002. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3374,
which can be viewed on our web site at http://h2o.enr.state.nc.us/ncwetlands . This Certification allows you to use Nationwide Permit
Number 12 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:
1. The following condition applies unless you can demonstrate to the Division that the anticipated buildout impervious area is less than
30%: A final, written stormwater management plan shall be approved in writing by this Office before the impacts specified in this
Certification occur. The stormwater management plan must include plans and specifications for stormwater management facilities
designed to remove 85% TSS according to the most recent version of the NC DENR Stormwater Best Management Practices
Manual. Also, before any permanent building is occupied at the subject site, the facilities, as approved by this Office, shall be
constructed and operational, and the stormwater management plan, as approved by this Office, shall be implemented. The
structural stormwater practices and well as drainage patterns must be maintained in perpetuity. No changes to the structural
stormwater practices shall be made without written authorization from the Division of Water Quality.
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, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. 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 Steve Mitchell in our Raleigh Regional Office at (919) 571-4700 or Cyndi Karoly in our Central Office In
Raleigh at 919-733-9721.
Attachments
cc: Corps of Engineers Raleigh Regulatory Field Office
Raleigh DWQ Regional Office
Central Files
File Copy
Buzz Bryson, CP&L, Rt. 1, Box 327, New Hill, NC, 27562
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015
Sincerely,
la kimee .E.
211 46
Customer Service
1 800 623-7748
RE: Alex - US 1 230 kv Substation, Wake Co.
Subject: RE: Apex - US 1 230 kv Substation, Wake Co.
Date: Mon, 9 Sep 2002 08:58:03 -0500
From: "Jones, Amanda D SAW" <Amanda.D.JonesC saw02.usace.army. miI>
To: "'cyndi.karoly@ncmail.net"' <cyndi.karoly@ncmail.net>
Cindy,
Sorry it took me so long to reply, Todd forwarded on your voicemail as well
I've issued a NWP 12 for the substation. Based upon conversations with CP&L, the total permanent impacts for the transmission
line (which include the substations plus clearing for the line) will not exceed 1/2 acre so they are eligble to use the NWP 12.
I've also told CP&L (meetings with Buzz Bryson) that they will need to notify for a NWP 12 for the conversion of forested
wetlands to herbaceous wetlands within the transmission line easement since it will exceed 1/10 acre (one of our new regional
conditions). Let me know if you need anything else.
Amanda
-----Original Message-----
From: Tugwell, Todd J SAW
Sent: Wednesday, August 21, 2002 8:23 AM
To: Jones, Amanda D SAW
Subject: FW: Apex - US 1 230 kv Substation, Wake Co.
-----Original Message-----
From: Cyndi Karoly [mailto:cYndi.karc?ly_C?ncmail.netl
Sent: Tuesday, August 20, 2002 4:28 PM
To: Tugwell, Todd J SAW
Subject: Re: Apex - US 1 230 kv Substation, Wake Co.
Todd - we were wondering if you can issue a NW 12 for this project, or
if it will require an IP? It includes 0.19 acre of permanent fill.
I'm assuming you have this app by now. Please advise if you don't.
Thanks.
I of I 9/10/02 8:58 AM
MEMORANDUM
TO: John Dorney Regional Contact: Steve Mitchell
Non-Discharge Branch WQ Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Aaex - US 1 230 kV Substation
Project Number 02 1146
Recvd From APP
Received Date 7/18/02 Recvd By Region
Project Type electric Substation
Certificates Stream
Permit Wetland Wetland Wetland Stream Class
Type Type Impact Score Index Prim. Supp.
County Wake
County2
Region Raleigh
ill g -;> gllS1da
Stream Impacts (ft.)
Acres Feet
Basin Req. Req.
12 OTHO Y O N ? 18-7-7 I `? I - 30,607. r 0.19 F_ F- r T
O Y O N F-F-F-f -F--1 -F- ? I -
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y O N Recommendation: 0 Issue 0 Issue/Cond 0 Deny
Provided by Region: Latitude (ddmmss)
Comments:
Longitude (ddmmss)
6nreserve" remaining wetlands and revegetate .......HOW?
Need a stormwater management plan.
Gad ?r ?.,?,cs5?4e. M R A2-
cc: Regional Office
Central Office Page Number 1
CP&L
;. Progress Energy ? r -, ,
July 10, 2002
Ms. Amanda Jones
Raleigh Regulatory Field Office
United States Army Corps of Engineers
6508 Falls of the Neuse Road, Suite 120
Raleigh, NC 27615
021146
° II
1 Wi l l
Mr. John Dorney
North Carolina Department of Environment and Natural Resources
Division of Water Quality
2321 Crabtree Boulevard
Raleigh, NC 27614
V
6 1?
1 ? 1
RE: Pre-Construction Notification Application for the Proposed Apex-US 1 Substation
Site, Apex, Wake County, North Carolina
Dear Ms. Jones and Mr. Dorney:
Carolina Power and Light Company (CP&L) proposes to construct a new 230 kV
substation near New Hill, North Carolina, on property owned by Progress Energy near
the Shearon Harris Nuclear Plant. Enclosed please find a Pre-Construction Notification
(PCN) for Nationwide Permit #12 for impacts to wetlands associated with the
construction of the new substation.
The proposed substation will connect to a proposed (still in design) transmission line to
run generally North toward Green Level to the site of a second substation. In previous
discussions with the Corps and DWQ, we discussed that the two substations and
transmission line were being independently designed and built on differing schedules,
and the agencies generally agreed that the projects could be treated separately.
Jurisdictional areas located on the site include three wetlands, two streams and one pond.
Of a total of 0.78-acre of wetlands onsite, approximately 0.19-acre of wetlands will be
cleared and filled to build the new substation. There will be no impacts to the onsite
streams or the pond. CP&L proposes to mitigate for the impacts to these wetlands by
enhancing the portions of the wetlands (labeled 1 and 2 on the enclosed site map) not
impacted by the construction of the substation and preserving all the remaining onsite
wetlands (0.59-acre).
l'O Box ;')')I
Itdcigh, NC MW
,w
All clearing for substation construction will be done under an approved sediment and
erosion control plan. All erosion control measures will be maintained throughout
construction, and inspected regularly and after periods of significant rainfall, as required
by NPDES storm water general permit.
Please contact Mr. Buzz Bryson at (919) 362-3551, if you have any questions regarding
this application.
Very truly yours,
Lee T. Maz.zocchl, Director-Transmission
Engineering and Project Management
LTM/
Enclosures
cc: Ms. Jessica Bcllas
Mr. Buzz Bryson
` CP&L
A Ptogress Energy Company
Mr. Scott Jones
Washington Regulatory Field Office
Corps of Engineers
P.O. Box 1000
Washington, NC 27889-1000
W?,rLi
t ?
Subject: Section 10 Authorization under Nationwide Permit #12 for Temporary
Placement of Intake Pipe into Neuse River
Dear Mr. Jones:
Carolina Power & Light Company (CP&L) owns and operates the Lee Steam Plant
located on the Neuse River near Goldsboro in Wayne County, North Carolina. The plant
operates in compliance with various permits and authorizations, including the water
withdrawal registration required by the North Carolina Department of Environment and
Natural Resources, Division of Water Resources (DWR).
In 1997, in a cooperative effort with the U.S. Fish & Wildlife Service (USF&WS) and
North Carolina Division of Water Resources (DWR), CP&L removed the Quaker Neck
Dam on the Neuse River to allow unrestricted upstream access for anadromous fish
spawning. The dam had served to ensure an adequate water level (head) for pumps
which provide makeup water to maintain the level of the Lee Plant's off-stream cooling
water pond. As part of the removal of the dam, the USF&WS and DWR agreed to
support CP&L's efforts to seek supplemental water supply to the cooling pond, if needed
in the future because of low water levels in the river which impact the pumping capacity.
Those low flow conditions exist now, and we are unable to pump sufficient water into the
pond to maintain levels. Our water withdrawal registration submitted to DWR indicated
a maximum withdrawal rate of 31.68 million gallons per day (mgd) from the Neuse
River. Currently, we are able to withdraw only 11.84 mgd. CP&L is requesting Section
10 authorization under NWP #12 to temporarily place an intake pipe into the Neuse to
allow us to withdraw an additional 14.4 mgd (for a total withdrawal of 26.24 mgd)
intermittently for a total pumping time of two weeks in the coming months to maintain
sufficient cooling water in the off-stream cooling pond to ensure adequate operations of
the Lee Plant.
Mr. Buzz Bryson of our Environmental Services Section has contacted Mr. Mike Wicker
of the USF&WS, who has, consistent with the Quaker Neck Dam removal Memorandum
of Understanding (MOU), indicated his support of the project. Mr. Bryson has also
contacted Mr. Fred Harris, Chief of the NCWRC's Division of Inland Fisheries. Mr.
Harris generally supported the temporary installation, and indicated he would advise his
field staff in case they had comments on the proposal.
Lee Steam Plant
1G17 Old Smithhold Road
Goldsboro, NC 17630
Mr. John Dorney of' the North Carolina Division of Water Quality (DWQ) was also
contacted, he indicated he had no problems with the temporary installation and indicates!
It was covered under a general permit. John Morris of' the DWR was contacted and
indicated he supported the temporary installation, as referenced in the Quaker Neck Dam
removal MOU.
Because Operation of the Lee Plant is critical to CP&L's obligations to ensure adequate
electric generation to the community, we would appreciate your review of this request as
expeditiously as possible.
If you have any questions, please contact Mr. Bryson in our Environmental Services
Section at 9 19-362-355 1 (office) or 919-815-8243 (cell).
Thank you very much for this consideration.
Very truly yours,
Randy ox, Manager
Lee Steam Electric Plant
RC/wtb
Enclosures:
L Pre-construction Notification with vicinity map
2. Quaker Neck Dam Removal Agreement
cc: Mr. John Dorney, NCDWQ
Mr. Fred Harris, NCWWC
Mr. John Morris, NCDWR
Mr. Mike Wicker, USF&WS
be: Mr. Buzz Bryson
Mr. Ricky Miller
2
4
1, 1
?0?- W A TF?Q
?O Gv
? r
USACE Action 11) No.
Office Use Only:
DWQ No.
Form Version May 2003
(if any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
? Section 404 Permit ? Riparian or Watershed Buffer Rules
® Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP # 12
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 (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
1. Owner/Applicant Information
Name: Mr. Randy Cox Manager
Mailing Address: Carolina Power &Carolina Power & Light Company
Lee Steam Electric Plant
Page I of 9
1677 Old Smithfield Road
Goldsboro NC 27530-9434
"Telephone Number: 9t9-580-3911 Fax Number:
E-mail Address: randy cor(?)P.nmail com
2. Agent/Consultant 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 - Environmental Services
Mailing Address: Harris Energy & Environmental Center
Rt. 1 Box 327
New Hill, NC 27562
[Bryson is contact for all questions arising, during PCN review)
Telephone Number: 919-362-3551 Fax Number: 919-362-3266
E-mail Address: buzz.bryson(a_)pgnmaiLcom
1[I. 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 1 l 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: Lee Plant Supplemental Water Intake
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 022579623548
4. Location
County: Wayne Nearest Town: Goldsboro
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): From Raleigh take US 70 east to
Goldsboro continue towards Goldsboro approximately 4 miles east of the Johnston County
line turn right at the intersection of US 70 and NC 581. Follow NC 581 until it intersects
with Old Smithfield Road (SR 1007). The entrance to the plant is approximately 1.5 miles
on the left. See Attached Map.
Page 2 of 9
5. Site coordinates, if available (UTM or Lat/Long): N 35° 22.575' W 7S° 5.077'
(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. Property size (acres): 1,200 acres (Total Lee Plant Site)
7. Nearest body of water (stream/river/sound/ocean/lake): Ncuse River
S. River Basin: Neese
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.en1'.St itC.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Existing, steam electric plant.
10. Describe the overall project in detail, including the type of equipment to be used: Request
approval for the temporary installation of a 16-inch diameter pipe into Neese Rive- to
augment existing water withdrawal to maintain cooling pond level. Existing pumps are
unable to pump rated capacity because of low water. Cooling Pond level must be maintained
to ensure electric generation capability.
Temporary pump will be set on land with the intake pipe extending into river approximately
10 feet from bank Pipe will be secured by weights which will be removed when pipe is
removed There will be no impact to the riparian buffer or to wetlands. Project will involve
Section 10 jurisdiction only.
The temporary pump will be installed and used intermittently when for a total pumping time
of two weeks.
11. Explain the purpose of the proposed work: Maintain cooling pond level to ensure electric
,generation capability of Lee Plant.
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.
Page 3 of 9
Previous permits have heen obtained at the site for maintenance dredging of the hvpass canal,
and for construction of a roadway over the hvpass canal ( 1999 10635). A copy of the permit for
the roadway is enclosed the copy of the permit for the dredging), of the bypass canal is not
enclosed The dredging for the hvpass canal was completed under a general permit and yielded
less than 1,000 cubic yards of material.
V. Future Project Plans
Are any future permit requests anticipated for this project'? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
Into future permit requests are anticipated.
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. Provide a written description of the proposed impacts:
Project impacts are limited to the temporary placement of an intake pipe into navigable waters.
The pipe should not extend more than 10 feet from the river bank and should not impede free
passage on the river The temporary pump will be installed and used intermittently for a total
pumping time of two weeks A screen (mesh size approximately 0.1 inch) will be placed on the
pump to limit the amount of debris taken in by the pump and reduce the impingement and
entrainment of fish.
There will be no discharges or impacts to waters wetlands or riparian buffers.
2. Individually list wetland impacts below:
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
(linear feet)
Type of Wetland***
N/A
Page 4 of 9
* 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 dawns, separately list impacts due to both structure and flooding.
** 100-Year tloodplains 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 http://w'ww.fema.gv.
**'k List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: N/A
Total area of wetland impact proposed: No wetlands impacts
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
(indicate on ma)
Type of Impacc, Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent'?
( leasespecify)
N/A
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both Antcture 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
ww'W.us,S.k;ov. Several interact sites also allow direct download and printing of USGS maps (e.g., ww'w.topozone.com,
ww'w.mapoueSLcom, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: No stream impacts
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
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.)
Site I Temporary obstruction <0.01 Neuse River river
Page 5 of 9
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
Hooding, drainage, bulkheads, etc.
5. Pond Creation
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.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
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
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.
Project will have no impacts to waters, wetlands, or riparian buffers. Temporary withdrawal
will not exceed maximum withdrawal rate already registered with NC Division of Water
Resources. Pump is needed because existing pumps are unable to operate adequately because of
low water levels. Screens will be placed on the pumps to limit impingement and entrainment of
fish and reduce the amount of debris taken into the pump. DENR and USF&WS agreed to
support such temporary water diversion/makeuein cooperative document addressing Quaker
Neck Dam removal (attached).
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
Page 6 of 9
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
http://h2o.enr.state.nc.us/ncwetlands/strnigide.htnil.
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 conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
No mitigation is proposed.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
(919) 733-5208 to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP websitc at http://h2o.enr.stite.iic.us/wrp/inclex.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
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 (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No
Page 7 of 9
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 ?
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 ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
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 he 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
(Neuse), 15A NCAC 2B .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
I N/A 3
2 N/A 1.5
Total N/A
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 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 8 of 9
X1. Stormwater (required by DWQ)
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.
No increase in impervious surface.
XI1. Sewage Disposal (required by DWQ)
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.
/A
XI11. Violations (required by DWQ)
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).
Severe drought and inability of existing pumping system to withdraw rated capacity require that
the requested auxiliary Pumping system be authorized as soon as possible.
l7
Applican Agent's Signature Date
(Agent's signatur ' valid only if an authorization letter from the applicant is provided.)
Page 9 of 9
1-40
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07/16/02 TUE 15:04 FAY 1 919 856 4556 _ USFWS-RALEIGH,NC
MICHAEL F. EASLEY
ATTORNEY GENERAL
State of North Carolina
Department of JuStice
P. O, BOX (2n Reply to:
RALEIGH
27(55L-062P
TO: Joe Rippard
Richard Whisnant
Guy Stefanski
Mike Wicker
Kathryn Cooper
Boyd DeVann
John Morris
FRONT: Anita LeVeaux Quigless
Assistant Attorney General
DATE: March 19, 1996
RE: Quaker Neck Dam-Agreement
2002
FILE COPY
Anita L. Quigless
Environmental Division
Telephone: (919) 733-7247
FAX: (919) 733-0791
Please review the attached agreement. This draft includes proposed changes that were
submitted to my attention. I suggest that we set eup a meeting to s all f our concerns. Wthe Memorandum e can then proposef a
Agreement to be sure that this document addresses
meet. secretary
date and time to meet with CP&L in this regard, To that
court r if you have any all of
you to schedule a mutually convenient time and place questions please feel free to call.
?* 2 / 1996
e??
. _,nrti nltV / AffirmaTive ACtion Emplo)'er
07/16/02 TUE 15:04 FAX 1 919 856 4556 USFWS-RALEIGH,NC
MEMORANDUM OF AGREEMENT
BETWEEN
CAROLINA POWER & LIGHT COMPANY
AND
NORTH CAROLINA DENARL RESOURCEOI•1MENT,
HEALTH AND
DIVISION OF ENVIRONMENTAL MANAGEMENT,
AND
UNITED STATES FISH and WILDLIFE SERVICE
EreaM
The parties hereinabove referenced have agreed to cooperate in a project in conjunction
with the Coastal America Project (the "Project") to remove the Quaker Neck Dam, a dam owned
by the Carolina Power & Light Company ("CP&L") and, replace the dam by a Weir (the "Weir")
at the expense of a $100,000 Coastal America grant from the USEPA and a $194,000 grant from
the National Fish and Wildlife Foundation and the NC Marine Fisheries Commission (the
"Grant"). The Quaker Neck Dam is located in the Neuse River adjacent to CP&L's H.F. Lee
Steam Electric Plant (the Lee Plant"), for the purpose of providing a reliable source of water for
cooling, fire safety and other service needs to the Lee Plant. According to the North Carolina
Department of Environment, Health and Natural Resources ("DEHNR"), and the United States
Fish and Wildlife Service's (USFWS) removal of the Quaker Neck Dam and construction of the
Weir (the "Weir"), will increase by some 140 stream miles, more or less, the reach of the Neuse
River accessible to anadrorn,ous fish and eliminate excessive
Lee Plant for cooling, safety and other
providing that same reliable source of water to
service needs.
,,,nmary of the ProjeS?S
U003
The Project will have the following components:
(1) Work on the Project shall be by private contractors, retained and hired by CP&L
(Contractor), contractors including any subcontractors, will be hired to perform the
demolition and construction of the weir. Funding to $35,000 1 shall be sha be earmarked lfordthe
CP&L for work on the Project by the Grant. payable
construction of the Weir and up to $192,000 for the demolition of the dam, paya Env
ironmental through a $100,000 Coastal America grant from methe United
and Wildlife
Protection Agency ("EPA") and a $194,000 gran
Foundation and the North Carolina Marine Fisheries Project Representativetfortthe
this level of funding is adequate. CP&L will designate a
purposes of coordinating day-to-day activities
hve full
the Projecte CP&L sha111 a
monitoring on-site activities. During the course of
rights of access to monitor activities but shall have no obligation to do so.
07/16/02 TUE 15:05 FAX 1 919 856 4556 _ USFWS-RALEIGH,NC
2
(2) All federal, state and local permits necessary to, and required for, the lawful
conduct of the Project have been acquired by DEHNR at DEHNR's expense. The Federal
404 permit and State 401 water quality certification required to accomplish this project
have been obtained by DEHNR. As of September 1995, these permits are being modified
to address the dredging activity required in the Lee Plant's bypass canal (Bypass Canal).
This would be determined upon submittal of a work plan from the Demolition Team.
llo the comnl tip n of the?'Ue ran
in
Permits e c h
the
w collection ve tructures nt d to renlace or u to fhr
present fimction of the e eck D spit to the Lee Plant, This provision
includes, without limitation, any permits from the United States Army Corps of Engineer
("COE") which allow for maintenance dredging of the (Bypass Canal).
(3) Prior to the removal of the Quaker Neck Dam, the COE will design and the
Contractor will construct the Weir extending across the Bypass Canal for the purpose of
impounding water for the operational needs of the Lee Plant. The design specifications
have been prepared in consultation with CP&L, and have been approved by CP&L.
(4) The Contractor shall dredge the Bypass Canal in connection with the construction
of the Weir. Qn (1) rosy ecti ass a ej t t va
P r e r DEHNR is working with the COE to
modify the 404 permit to include the dredging activity.
(5) The Contractor shall deposit and dispose of the sedim,.,nt, soil and other material
removed from the Bypass Canal ("dredged spoil") as part of the dredging project at a
suitable non-CP&L disposal site ("Disposal Site") or as erosion protection for the Weir
which shall be limited to the placement of 125 cubic yards of dredged spoil being placed
downstream from the Weir, in accordance with the federal 404 permit. The dredged spoil
must be appropriately drained prior to transportation to the Disposal Site.
(6) Construction of the Weir', shall be completed no later than four months upon
selection of a Contractor. Completion of construction of the Weir, shall be a condition
precedent to the commencement of demolition or removal of Quaker Neck Dam.
(7) Following construction of the Weir, CP&L shall inspect said Weir and notify
DEHNR that it meets its design specifications.
(8) Once item seven (7) above has been approved by CP&L, the Contractor shall perform
the following tasks as a part of the Project:
(a) demolition and removal of the Quaker Neck Dam down to the stream
bottom (the footing of the dam),
Z 004
(b) removal of the fish ladder connected with the Quaker Neck Dam (the
"Fish ladder"); and
07/16/02 TUE 15:06 FAX 1 919 856.,4556 USFWS-RALEIGH,NC
3
(c) removal of rip rap material currently located on the dam's apron to be later
used as erosion control on the stream banks.
(9) The Contractor shall remove all waste material resulting from the completion of
the foregoing tasks, including, but not limited to, debris generated by the destruction of
the Quaker Neck Dam and the fish ladder ("demolition debris"), and the rip rap (with the
exception of rip rap needed for bank stabilization), or uniformly sized rocks, removed
from the downstream side of the Quaker Neck Dam.
(10) According to the federal 404 permit obtained by DEHNR for the Project, the
Contractor shall stabilize embankments and shorelines at the Project site immediately
following demolition of the Quaker Neck Dam. Subject to approval by CP&L, said
stabilization will be accomplished with rip rap (currently located on the dam's
downstream apron), by grading the slope adjacent to the fish ladder to a slope of 3:1 or
less, and by sowing the disturbed soil not covered with rip rap with fescue. Approval of a
sedimentation and erosion control plan by the Division of Land Resources would be
needed if activities of the Contractor to disturb one acre or more of land on the project
site.
01) The Contractor shall deposit and dispose of demolition debris and any other
excavated materials from the Project, in accordance with the federal 404 permit that has
been issued for the Project, except that used for shoreline stabilization, at the Disposal
Site. The demolition debris must be prepared such that it is acceptable to the Disposal
Site.
(12) CP&L shall provide access to the bank of the Neuse River to the Contractor
adjoining the Lee Plant and shall use its best efforts to secure access to the other bank of
the Neuse River using existing agreements for access or existing easements held by
CP&L.
Z005
(13) The Contractor shall provide reinforcement to access roads or corridors to the
Quaker Neck Dam as necessary for heavy equipment.
(14) The Contractor shall provide crowd control and security, and shall establish and
enforce minimum safe distances for spectators. A security perimeter shall be established
to ensure the safety of spectators. The Contractor, in cooperation with local law
enforcement agencies, shall also develop and implement a crowd control and safety plan
prior to the commencement of demolition activity for CP&L's approval prior to the
initiation of any demolition activities. If needed it is anticipated that assistance will be
provided by the North Carolina Wildlife Resources Commission, and the United States
Fish and Wildlife Service law enforcement personnel.
In addition to the foregoing components of the Project, CP&L, USFWS and DEHNR
acknowledge that it may be necessary for CP&L to place, from time to time, in the Neuse River
07/16/02 TUE 15:06 FAX 1 919 856 4556 USFWS-RALEIGH,NC
4
or the Bypass Canal, at or near the site of the Quaker Neck Dam, a temporary dam (the
"Temporary Dam) for the purpose of impounding water in a volume such that the intake pumps
at the Lee Plant will have available a supply of water sufficient to safaly and efficiently operate
the steam electric generators, with an adequate supply of water for other service needs, including
fire safety.
Terms and Con itions
USFWS and DEHNR desire to remove the Quaker Neck Dam in order to enhance and
expand the habitat for anadromous fish in the Neuse River. CP&L would benefit by this removal
since it will decrease its maintenance liability while providing the same or greater utility as
previously provided by the dam at diminished costs and from the good public relations that will
accrue to CP&L for participating in a project focusing on enhancing environmental goals in the
Neuse River Basin. DEHNR and USFWS recognize the contribution CP&L is making for the
public good and will work with CP&L to insure that CP&L receives public recognition for its
participation in the Project. The Contractor must agree to perform the work necessary to
complete the Project. CP&L has agreed to the demolition of the Quaker Neck Dam and agreed
to convey to the USFWS a? all rights it has in waste material resulting from work
on the Project, including but not limited to dredged spoil and demolition debris, in exchange for
the construction by the Contractor not at CP&L's expense of a Weir in the Bypass Canal and the
cooperation of DEHNR and USFWS in obtaining proper permits for placement of a Temporary
Dam. The Temporary Dam would be necessary in the event of extreme low flow conditions in
the Neuse River following removal of the Quaker Neck Daze which could, albeit unlikely,
compromise the safe and efficient operation of the Lee Plant.
Therefore, the Parties have agreed to the following terms and conditions governing the
conduct and completion of the Project:
I, Authority
A. DEHNR represents that it has the statutory authority necessary and appropriate to
conduct the Project, including the authority to enter contracts, to sue and to be sued, and that it
has satisfied applicable provisions of Chapter 143 of the General Statutes and the Department of
Administration regarding its ability to enter into this Memorandum of Agreement.
B. DEHNR represents that it has satisfied all requirements for the Project imposed
by the North Carolina Environmental Policy Act, N.C. Gen_ Stat. §§113A-1, gt tQ,, and the
National Environmental Policy Act of 1969, 42 U.S.C. §§4321, Lt Jqp?.
C. CP&L agrees to let contracts to build the Weir and demolish the dam at the
expense of the Grant.
D. USFWS represents that it has the statutory authority necessary and appropriate to
accept all rights in demolition debris, dredged spoil, and all other residual or waste materials of
any type whatsoever resulting from the demolition of Quaker Neck Dam.
2006
07%16/02 TDE 15:07 FAX 1 919 856 4556 USFWS-RALEIGH.NC
5
II. Conditions Precedent
A USFWS and DEHNR agree that the Weir shall be sized and designed, and the
maintenance dredging in the Bypass Canal designed, to maintain water levels at the intake pumps
of the Lee Plant sufficient to allow safe and efficient operation of the steam electric generators,
and also provide sufficient water for fire safety and other operational needs of the Lee Plant.
B. The Contractor agrees that as a condition precedent to demolition of the Quaker
Neck Danz it will submit in writing to CP&L for its approval detailed plans and specifications
(the "work plans") prepared by the Contractor for the demolition of the Quaker Neck Dam,
specifically:
i. a plan for the demolition which indicates how the dam will be removed,
ii. a detailed schedule specifying dates for each phase of demolition, removal
of debris, stabilization, etc. related to removal of the Quaker Neck Dam,
iii. a plan detailing safety measures that will be taken in connection with the
demolition, including any plans, training or actions required by federal or state
occupational safety or health laws or by the local or state fire marshal,
iv, a plan for the collection, recovery and disposal of demolition debris,
including without limitation the facility at which said debris will be disposed,
V. a plan specifying and locating logistical and support facilities which will
be required for the demolition, including vehicular access, security arrangements,
staging areas, and camping and sanitary facilities; and
C USFWS and DEHNR have been responsible for applying for and obtaining all
federal, state, and local permits, licenses and other such documents necessary to conduct the
Project. These,permits include, a permit from COE pursuant to Section 404 of the Clean Water
Act, 33 U.S.C. § 1344, and certification from the State of North Carolina under Section 401 of
the Clean Water Act, 33 U.S.C. § 1341. All necessary federal, state, and local permits, licenses
or other such documents have been obtained in the name of DEHNR as applicant, and proof of
issuance presented to CP&L, as a condition precedent of commencement of the Project.
Ca 007
07/16/02 TUE 15:07 FAX 1 919 856 4556 USFWS-RALEIGH,NC Z008
6
III. Conveyance of Rights
CP&L at the time of generation of dewaste or waste smto USFWS all atenals of any type whatsoever
demolition debris, dredged spoil, and all other residual resulting from the demolition of the Quaker Neck Dam.
IV. Obligations
A. CP&L shall enter into ? to demolish he Quaker Neck Dama This work will tbe agreement with a qualified contrctor Bypass Canal, construct the Weir, an
financed through previously identified funding i.e. the Grant.
B. The Contractor as specified in the approved work plans, shall collect, remove and
properly dispose of all dredged spoil, demolition debris and all other solid waste generated as a
part of or in connection with the Project, at an upland Disposal Site in compliance with the
federal 404 permit.
C. The Contractor shall restore and stabilize, to the extent required in the said work
plans, the banks of the Neuse River in the vicinity of the Quaker Neck Dam.
D. CP&L recognizes that maintenance of a certain minimum volume of water to the
intake pumps of the Lee Plant is essential to ensure safe and efficient operation as well as
provide sufficient water for fire protection and other service needs. DERNR and USFWS further
recognize that installation by CP&L of a Temporary Dam in the Neuse River to divert water to
the Lee Plant intake during low flow periods is an effective and economically efficient means of
ensuring an adequate water supply with minimal adverse environmental impacts. DFUNR
gees to fiirnish to &L wri n concurrence by USPWS th?a install f a
P& ,der r en c nd' ' e is R.CCeD tabic. DEHNR and USFWS have reviewed
CP&L's letter of October 21, 1993, to the COE regarding permitting installation of such a
Temporary Dam, and the COE's letter of November 22, 1993, to CP&L in response, copies of
which are attached hereto and incorporated herein. USFWS and DEHNR support the installation
of the Temporary Dam in the Neuse River and will work with the COE to make it immediately
available. USFWS and DEHNR further agree they will use their best efforts to expeditiously
provide any permits, licenses, approval, certifications, authorizations or other documents
required for the placement and use of the a safe and effic ent when necess, operation of the Leer1'lantflfire
conditions, to ensure sufficient water for th
protection and other service needs.
E. DBHNR and USFWS recognize that CP&L must withdraw water from the Neuse
River to ensure the safe and efficient operations of the Lee Plant. DEHNR and USFWS further
recognize that a study conducted by the COE entitled Coastal America Initiative - Investigation
ich
the water elvations and volumes
of Dam Removal, revised in August 1993, describes
ntake pumps. EHNRhand
must be maintained to ensure reliable operation
USFWS further recognize that although not now foreseen,
operation e future time maintenance of conceivably be
flows sufficient to assure safe and efficient opera
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07/16/02 TUE 15:08 FAX 1 919.856 4556 USFWS-RALEIGH,NC
7
jeopardized by competing water uses. DEHNR and US>~ WS recognize that should such
competing uses arise, and consistent with each agency's statutory authority and rules. they will
use their best efforts to properly inform CP&L of such potential conflicts, will provide CP&L an
opportunity to submit comments on such competing uses, and will use their best efforts,
consistent with their statutory authority and rules, to ensure that the operations of the Lee Plant
are not impaired.
F. CP&L shall provide to the Contractor access to the Project site as necessary to
conduct the Project, provided that CP&L may impose reasonable security restrictions as are
required to ensure security of the Lee Plant and premises.
G. Upon completion of the Project, CP&L shall obtain all necessary' permits,
authorizations or approvals for the performance of dredging in the Bypass Canal and Intake canal
("Intake Canal") as in its sole judgment is necessary to maintain the necessary capacity in the
Canals.
V. Insurance
The work under this MOA shall not commence until the Contractor has obtained all
required insurance and verifying certificates of insurance have been approved in writing by
CP&L. The Contractor shall purchase and maintain nroperV insuran= during the life of this
contract, upon the entire work at the site to the full insurable value thereof. This insurance shall
include the interests of CP&L, the Contractor, the subcontractors and subcontractors in the work
and shall insure against the perils of fire, extended coverage, and vandalism and malicious
mischief. Any deductible, if applicable to loss covered by insurance provided, is to be borne by
the Contractor. The Contractor shall obtain such additional insurance as may be required by
CP&L.
A. The Contractor shall provide or maintain in full force and effect at no cost to
CP&L for the duration of the Project the following minimum amounts of insurance, or shall
demonstrate to the satisfaction of CP&L in its sole discretion and judgment, financial assurance
providing protection equivalent to the following insurance:
i. Worker's Compensation insurance.
ii. Employers' Liability insurance in the minimum amount of $500,000 each accident
and $500,000 per employee for bodily injury by disease with a disease policy aggregate of
$1,000,000, or employer's liability insurance plus additional excess umbrella liability insurance
to meet these limits.
iii Commercial General Liability insurance with a minimum combined single limit
of $2,000,000 per occurrence for bodily injury and damage to property including contractual
liability, premise/operations, explosion hazard "X", collapse "C", underground property damage
hazard "U", products/completed operations, independent contractors, broad form property
Z009
07/16/02 TUE 15:08 FAX 1 919 856 4556 USFWS-RALEIGH,NC
8
damage, and personal injury, and a minimum general aggregate amount of $4,000,000, or
commercial general liability insurance plus additional excess umbrella liability insurance to meet
these limits.
iv. Comprehensive automobile liability insurance covering bodily injuries or death in
a sum not less than $500,000 per person and $1,000,000 per occurrence and covering damages to
property in a sum of at least $250,000 per occurrence or a
ord comgprehenlsivoe
$1,000,000 per occurrence for bodily injury and damage to property,
automobile liability insurance plus additional excess oumbrella liabity wned or non owninsurance to meet these
limits. This insurance shall apply to any auto, whether onal
this insurance
The CP&L shall be added to the foregoing policies of
haslbeen s tisfieds on all
Contractor shall cause its carrier or agent to certify ? 4
insurance required by this Section.
VI. Effective and Termination Dates
This MOA shall become effective upon the olatest bligations under the dates
section entitled Summary of Project
Agreement. USFWS's and DEHNR's obligatlo have been
herein will terminate upon CP&L's confirmation by written notice that items (1) - (15) shall satisfactorily completed. USFWS's and DEHNR's bl1gia?ia for under Sections 111,
asserted r latedit the
terminate upon expiration of the statute of limitations p any clam shall not terminate,
Project. USFWS s and DEHNR's representations in section IV (D) and (E)
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07/16/02 TUE 15:09 FAX 1 919 856 1556
r
USFWS=RRALEIGH, NC
9
VII. Contact Persons
For the duration of this MOA, the following persons will serve as contact persons for DEHNR,
USFWS and CP&L:
Contact person for USFWS is :
Michael Wicker
United States Fish and Wildlife Service .
Phone: (919) 856-4520, ext. 22
Contact person for DEHNR is:
Guy Stefanski, Program Coordinator
Division of Environmental Management.
Water Quality Section
Phone: (919) 733-5083, ext 585
Contact person for CP&L is:
George J. Oliver, Manager
Environmental Services Section
Phone: (919) 546-4189
X. Notices
All notices or communications required or permitted under this Memorandum of Agreement
shall be deemed to have been given if in writing and placed in first-class mail postage prepaid, as
follows:
As to USFWS:
Michael Wicker
P.O. Box 33726
United States Fish and Wildlife Service
Raleigh, NC 27636-3726
Phone: (919) 856-4520, ext. 22
As to DEHNR:
Richard B. Whisnant, General Counsel
P.O. Box 27687
Raleigh, NC 27611-7687
As to CP&L:
Ci? 011
07/16/02 TUE 15:09 FAX 1 919 856 4556 L_SPVS-RALEIGH `IC
10
George J. Oliver, Manager
Environmental Services Section
P.O. Box 1551
Raleigh, NC 27602
UNITED STATES FISH AND WILDLIFE SERVICE
By_
its
Date:
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT, HEALTH AND NATURAL RESOURCES
By: _
its
Date:
CAROLINA POWER & LIGHT COMPANY
By:
its
Date:
0 012
ep\8687-1
U.S. ARMY CORPS OF ENGINEERS 70--)e 1 -7
WILMINGTON DISTRICT 39lS 3ov
e -76?oo
Action Id. - 161? t v (V 3,5 County a/& yA-r-
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner
-fin-7
Address r"VA i?,
3Z 7
R I r,l ?c Z 7 5-6 Z- 030 7
Telephone No. (gf*?) --Z' (' Z' &V
Size and Location of project (water body, road name/number, town, etc.) 10 ?C-'? ?OC-?
4
S /) T-- ' toJi 4t/S + wPI It..rc ID
Applicable Law: Section 404 (Clean Water Act, 33 U.S.C. 1344).
(check all that apply) Section 10 (River and Harbor Act of 1899).
Authorization: Regional General Permit Number.
A/wt? (?f Nationwide Permit Number.
Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is accomplished
in strict accordance with the attached conditions and your submitted plans. If your activity is subject to Section
404 (if Section 404 block above is checked), before beginning work you must also receive a Section 401 water
quality certification from the N.C. Division of Environmental Management, telephone (919) 733-1786. For any
activity within the twenty coastal counties, before beginning work you must contact the N.C. Division of Coastal
Management, telephone (919) 733-2293.
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the conditions
of the RGP or the NWP referenced above may subject the permittee to a stop work order, a restoration order, and/or
appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to obtain
any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State
and local agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or Nationwide
Permit, please contact the Corps Regulatory Official specified below.
Date 7- (L3 (
Corps Regulatory Official Telephone No. (Z Z ) T7-5-- 16116
Expiration Date of Verification Z ?z (Zt?
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST
BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
CESAW Form 591
Description of Activity Ca . 'k4 r_ f a-n 04f6S S ?O a C) C?, cti N 4,
GENERAL CONDITIONS
Navigation. No activity may cause more than a minimal adverse effect on navigation.
!. Proper Maintenance. Any structure or fill authorized shall be properly maintained, including maintenance to ensure public
afety.
. Erosion and Siltation Controls. Appropriate erosion and siltation controls must be used and maintained in effective
perating condition during construction, and all exposed soil and other fills must be permanently stabilized at the earliest
racticable date.
t. Aquatic Life Movements. No activity may substantially disrupt the movement of those species of aquatic life indigenous
the waterbody, including those species which normally migrate through the area, unless the activity's primary purpose is to
npound water.
i. Equipment. Heavy equipment working in wetlands must be placed on mats or other measures must be taken to minimize
oil disturbance.
3. Regional and Case-by-case Conditions. The activity must comply with any regional conditions which may have been
dded by the Division Engineer and any case specific conditions added by the Corps.
7. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and Scenic River System; or in a
ver officially designated by Congress as a "study river" for possible inclusion in the system, while the river is in an official
tudy status. Information on Wild and Scenic Rivers may be obtained from the.National Park Service and the U.S. Forest
service.
3. Tribal Rights. No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water
ghts and treaty fishing and hunting rights.
3. Water Quality Certification. In certain states, an individual state water quality certification must be obtained or waived.
0. Coastal Zone Management. In certain states, an individual state coastal zone management consistency concurrence
lust be obtained or waived.
1. Endangered Species. No activity is authorized under any NWP which is likely to jeopardize the continued existence of
threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered
pecies Act, or which is likely to destroy or adversely modify the critical habitat of such species. Non-Federal permittees shall
otify the District Engineer if any listed species or critical habitat might be affected or is in the vicinity of the project and shall
of begin work on the activity until notified by the District Engineer that the requirements of the Endangered Species Act have
een satisfied and that the activity is authorized. Information on the location of threatened and endangered species can be
btained from the U.S. Fish and Wildlife Service and National Marine Fisheries Service.
2. Historic Properties. No activity which may affect Historic Properties listed, or eligible for listing, in the National Register
f Historic Places is authorized, until the District Engineer has complied with the provisions of.33 CFR 325, Appendix C. The
rospective permittee must notify the District Engineer if the authorized activity may affect any historic properties listed,
etermined to be eligible, or which the prospective permittee has reason to believe may be eligible for listing on the National
legister of Historic Places, and shall not begin the activity until notified by the District Engineer that the requirements of the
lational Historic Preservation Act have been satisfied and that the activity is authorized. Information on the location and
xistence of historic resources can be obtained from the State Historic Preservation Office and the National Register of Historic
'laces (see 33 CFR 330.4(g)).
3. Water Supply Intakes. No discharge of dredged or fill material may occur in the proximity of a public water supply intake
xcept where the discharge is repair of the public water supply intake structures or adjacent bank stabilization.
4. Shellfish Production. No discharge of dredged or fill material may occur in areas of concentrated shellfish production,
nless the discharge is directly related to a shellfish harvest activity authorized by nationwide permit.
5. Suitable Material. No discharge of dredged or fill material may consist of unsuitable material (e.g., trash, debris, car
odies, etc.) and material discharged must be free from toxic pollutants in toxic amounts.
6. Mitigation. Discharges of dredged or fill material into waters of the United States must be minimized or avoided to the
iaximum extent practicable at the project site (i.e., on-site), unless the District Engineer has approved a compensation
litigation plan for the specific regulated activity.
7. Spawning Areas. Discharges in spawning areas during spawning seasons must be avoided to the maximum extent
,racticable.
8. Obstructions of High Flows. To the maximum extent practicable, discharges must not permanently restrict or impede
ie passage of normal or expected high flows or cause the relocation of the water (unless the primary purpose of the fill is to
npound waters).
9. Adverse Impacts from Impoundments. If the discharge creates an impoundment, of water, adverse impacts on the
aquatic system caused by the accelerated passage of water and/or the restriction of its flow shall be minimized to the maximum
extent practicable.
!0. Waterfowl Breeding Areas. Discharges into breeding areas for migratory waterfowl must be avoided to the maximum
extent practicable.
1. Removal of Temporary Fills. Any temporary fills must be removed in their entirety and the affected areas returned tc
heir preexisting elevation.
NATIONWIDE PERMIT #14: ROAD CROSSING. Authcr,es f-,,s for reads crossing
waters of the United States ;including wetlands and other special aquatic
sites) provided:
a. The width of the fill is li=:.-2d to the minimum necessary for the
actual crossing;
b. The laced in waters of -e Un_teC States is -,meted to 3
fl1'_ea area of no more tnan one-th,r_ acre. FurthermCre, no more than a t3cal
of ?00 linear feet of the flit' for the roadway can occur in special acuat_.c
sites, including wetlands;
C. The crossing is culverted, bridged or otherwise designed to prevent
the restriction of, and to withstand, expected 'nigh flows and tidal flows, and
to prevent the restriction of low flows and the movement of aquatic organisms;
d. The crossing, including all attendant features, both temporary and
permanent, is part of a single and complate cro]ect for crossing of a water of
the United States; and
For .:_-13 in special- aquatic sites, ,nc'-uding wetlands, the
oermittee nct_-f_es the District Engineer (CE) according to the "!et_i_cat_cr.'
general conditicn. This nctificat,on must include a de'_,neat,on of affected
special aquatic sites, including wetlands.
NATIONWIDE PERMIT CONDITIONS
1. Navigation. \To activity may cause more than a min,mal adverse
effect on navigation.
Proper :maintenance. Any structure or authoriz_-d sral'_ be
rooeriv maintained, including maintenance to ensure public safety.
3. Erosion and siltation controls. Appropriate erosion and siltation
controls must be used and maintained in effective operating condition during
construction, and all exposed soil and other fills, as well as anv work below
the ordinary high water mark or high tide line, must be permanently stabilized
at the earliest. practicable date.
4. Acuat,c 1,,?e movements. No activity may substantially disrupt the
movement of those species of aquatic life indigenous the water body,
including those species which norma'_ly migrate through the area, unless the
activity's primary purpose is to ,meeund water.
5. Equipment. Heavv equioment working in wetlands must be placed on
mats, or other measures must be taken to minimize soil disturbance.
o. Regional and case-by-case conditions. The activity must comply with
any regional conditions which may have been added by the Division Engineer
(see 33 CFO, 330.4(e)) and with any case specific conditions added by the Corps
or by the State or tribe in its section 401 water quality certification.
7. Wild and Scenic Rivers. No act,v_ty may occur in a component of the
National Wild and Scenic River System; or ir. a river officially designated by
Congress as a "study river" for possible inclusion in tee system, while the
river is in an official study status; unless the appropriate Federal agency,
with direct :management responsibility for such river, has determined in
writing that the proposed activity will not adversely effect the Wild and
Scenic River designation, or study status. Information on wild and Scenic
Rivers may be obtained from the appropriate Federal land management agency in
the area (e.g., National Park Service, U.S. Forest Service, Bureau of Lana
Management, U.S. Fish and Wildlife Service.)
3. Tr_oal _ nts. No ac*__-,Iity or its ooerat_on may _mpa_r ___pal
rights, _..c'_uding but not limited _3, reserved water fights and zi.._.
fishing and ,.anti ng rights.
9. Water quality ..__tificatior.. The permittee T_ust comply wit`.: all
conditions of General Water Quality Cer__=_caticn No. 3103, issued by ne
North Carolina Division of Water Quality (NCDWQ) on February 11, 1991.
10. Ccas?al tone management. The North Carolina Division of Coastal
Management (NCDCM), has determined t'nat this nationwide permit is
conditionally consistent with the North Carolina Coastal Management Program.
Notification to and written concurrence from the NCDCM is required prior to
work in the twenty (20) coastal counties of Nortkl Carolina.
i'_. Endangered species.
a. ,!o activity is authorized under any NWP which is likely to
iecoar?"?ize the _cnt_nued {ist_..,:e of a threatened or endangered sspec_-?s
speci-as propose- for such designation, as identified under the Federal
Endangered Species .act, or which is liken to destroy or adversely mode°y tine
critical habitat of such species. Ner.-Federal permittees steal'- notify the
Distri? Engineer Lf any listed species er crity ca'_ habitat might be aff_cz
Or is in the vicinity of the project, and shall not begin work on zhe act_•,__-
unti'_ notified by tine Distric,. Engineer that the requirements of the
Endangered species Act have been satisfied and that the act_•,,ity is
authorized.
b. .authorization of an activity by a nationwide permit does
not authorize the take of a threatened or endangered species as defined
under the _eder_l Endangered Species .act. in the absenc of separate
aut:hor_zat,on (e.g., an ESA Section '_0 Permit, a Biological Opinion with
incidental take provisions, etc.) from the U.S. Fish and Wildlife Service
or the National Marine Fisheries Service, both lethal and non-lethal
takes of protected species are in violation of the Endangered Species
Act. -nformat_on on the location of threatened and endangered species
and their critical habitat can be obtained directly from the of_ices of
the U.S. Fish and Wildlife Service and National Marine Fisheries Service
or their world wide web pages at http://'?ww.fws.gov/'r9endspp.html and
htto:kingfish.son.mnfs.gov/tmcintyr/pcot_res.htm14ES and Recovery,
respectively.
1-1. Hist"cric properties. No activity which may affect histo__?
properties listed, or eligible for listing, in the National Register of
Historic Paces is authorized, until the District Engineer has complied wit:n
the revisions of 33 -FR 323, Appendix C. The prospective permit_-_ :rust be
notify the District Engineer if the authorized activity may affect any
historic properties listed, determined to be eligible, or which the
prospective permittee has -reason to believe may be eligible for listing on the
National Register of Historic Places, and shall not begin the activity until
notified by the District Engineer that the requirements of the National
Historic Preservation Act have been satisfied and that the activity is
authorized. Information on the location and existence of historic resources
can be obtained from the State Historic Preservation Office and the National
Register of Historic Places (see 33 CFR 330.4ig)).
13. NOtif_caticn.
a. Timing. Where required by the terms of the NWP, the
prospective oermittee must notify the District Engineer with a Pre-
Construction 'Notification (PCN) as early as possible and shall not begin e
activity:
2
__ not_-f_ed by ne Distri t engineer that the act_r_ty
mav_ proceed under ',,IWP with any special conditions _,.noosed by the District
or Division Engineer, or,
(3) __ notified by the District or Division Engineer that an
individual permit is required; or
(3) unless 30 days have passed -from the District Engineer's
__..__ct of the notification and t:ne ospec__ve pe_=_, t-.__ has not recei;ea
notice from the District or Division Engineer. Subsequently, the oernir.tee's
right to proceed under the NWP may be mcdified, suspended, or revoked only in
accordance with the procedure set fort:" in 33 CPR 330.5(d) (2)
b. Contents of notification. The notification must be in writing
and include the following information:
(i) 'fame, address and telephone numbers of the prospective
oe=_' tte_,
?CC3tiOn CL the _ppOSed prp]eCt;
(3) m_r_ef description of the proposed projec.., the cro7ec7:'s
ourpose; dir_z and indirect adverse environmental effects the oro7ect would
cause; and ocher N'WP;s), regional general permi_(s) or individual 0ermlt(s)
used or intended to be used to author_-_e any part of the proposed ,rc]ect or
any related activity; and
(4) For NWp 14, the PCN must also include a delineation of
affected special aquatic sites, including wetlands (see paragraph ':3.f.).
C. Form of Notification: The standard individual oer-
acc-1 cation form (Form ENG 4345) may be used as the notification but mus.
clearly indicate that it is a PCN and must include all the information
required in b.(l)-(4) of Genera'_ Condition. 13. A Letter may also be used.
d. District Engineer's Decision: In reviewing the pre-
construction notification for the proposed activity, the District Engineer
will determine whether the activity authorized by the NWP will result in more
than minimal ina4ividuai or cumulative adverse environmental effects or may be
contrary to tine public interest. The prospective permittee mav, ootiona_ly,
submit a proposed mi_igation plan with the pre-construction notification to
axn edite the process and the District Engineer will consider anv optional
mitigation the applicant has included in the proposal in determining whether
the net adverse environmental effects of the proposed work are minimal. If
the District EnaLneer determines that the activity complies with the terms and
conditions of the NWP and that the effects are minimal, the District Engineer
will notify the oermittee and include any conditions the District Engineer
deems necessarv.
Any mitigation proposal must be approved by the District Engineer prior
to commencing work. If the prospective permittee elects to submit a
mitigation plan, the District Engineer will expeditiously review the proposed
mitigation plan, but will not commence a second 30-day notification procedur
If the net adverse effects of the project (with the mitigation proposal) are
determined by the District Engineer to be minimal, the District Engineer will
provide a timely written response to the applicant stating that the project
can proceed under the terms and conditions of the nationwide permit.
If the District Engineer determines that the adverse effects of the
proposed work are more than minimal, then he will notify the applicant either:
3
_--at the pro; ct does not qual_ "y for a'.t:.cr_zat?on inter
the NW? and _nszr'i _ t:ne appl _cant on tine Drocedu'res tc seek authorization
under an inciv-1 cual permit;
l ) t.nat the project is au_nOr-_eC under t.^_ ?l?d? sub jec: tc t.ne
applicant's submitting a mitigation roocsa_ gnat would educe the adverse
effec-s to the minimal level; or
(3i that the Dro7ect is authorized under the ?iw? with spec__-"
modi:_cat_ons _cndit_ons.
e. Agency Coordination. The District Engineer will consider any
comments from Federal and State agencies concerning the proposed activity's
compliance with the terms and conditions of the NW?s and t:ne need for
mitigation to reduce the project's adverse environmental effects to a minimal
level.
For NW? 14. The District Engineer will, upon receipt of a notification,
provide _mmediate_y, e.g ma_'_ or other
expeditious manner a .copy to the appropriate offices of the _is;: and N7ldLif_
Servile, State natural resource or water qua__zy agency, D?A Stag
Preservation Officer (Sr?O) and _ 3pD_oC__3t°_, the National Marne Fisheries
Service. The agencies will then have 5 calendar days from the date the
material is transmi_.ed to _elephone or fax the District Engine-_ no:._ce t'na.:
they intend -o provide substantive, site-specific comments. If so contacted
by an agency, the District Engineer will wait an additional 10 calendar days
before making a decision on the necification. The District Engineer wil
ful'_y consider agencv comments received with'n the'spec_,fied time frame, but
will provide no response to the resource agency. The District Engineer wile
indicate in the administrative __co rd associated with each not'_ficatlon gnat
the resource agencies' concerns were considered. Accli-cants are encouraged to
provide the Ccrzs mul__ple cccies of notifications to expedite agency
notifications.
?. Werlands Delineations. Wetland delineations must be Dreoared
in accordance with the current method required by the Corps. The permittee
may ask the Corps to delineate the scecial aquatic site. There may be some
delay if the Cores does the delineation. Furthermore, the 30-day period will
not start until the wetland delineation has been completed and submitted to
the Corps, where appropriate.
g. ?i__y^dtiOn. Factors that the District Engineer will consider
when decermining z.ne act ctabi__t. of accrop__ate and practicable mit_g^at_ofi
include, but are not limited to:
i1; To be practicable, the mitigation must be available and
capable of being done considering costs, existing technology and logistics in
light of the overall project purposes; and
(l) To the extent appropriate, permittees should consider
mitigation banking and other forms of mitigation including contributions to
wetland trust funds, ;nlieu fees to organizations such as The Nature
Conservancy, State or count.! natural resource management agencies, where such
-ees contribute to the restoration, creation, replacement, enhancement or
preservation of wetlands. Furthermore, examples of mitigation that may be
4
acorop__at_ and raCt_cabl_ lncl.:de Cut are not l_m.i tec --c _educ_n:?; ?.._ size
of tine prc]ect, esta,^.l_sning wet-an lpland puffer -ones to rot_.__ aC',?at__
resource Values; and :eplaCing the _CSS Jf aquatic resource values -v
creating, restor_ng and enhancing similar functions and val-ies. In addition,
mitigaEion must- address wetland impacts, such as functions and Va_ues, anti
cannot: be simoly used offset the acreage wetland losses that wculd occur
in Order to meet acreage liauts Some tae NW?s (e. g. , -for N'WP
acres or we Elands cannot be a ?-acr_ loss of wetlan Cs 3
acre Loss; hcweve_, 2 ..._eat_d aces .:an Ce use _educe -mDacts a 3-
acre Loss.).
14. COmpl_ance Certification. E er.? Derm?tte_ who has received a
nationwide permit verification from the Ds will submit a signed
certification regarding the completed wort and any required mitigation. The
certification will be forwarded by the Corps with the authorization le:?_- and
will include:
a. A statement that the author--_-4 work was dcne -.i accordance vita
the CorDS 3' t 1C r_=3r_cn, _ncludi ng any general or spec-f_- ccndi ticns,
b. :k statement that any __qu-- all`-igation was Cc-mcletec _n
accordance witn the perm,- conditions; and
C. The s:-gnatur_ of the perm-_t__ ::eriity-,ng --'-e Of the
work and iLtl?dticn.
15. Mult' ^_e use of nationwide perm-ts. In an,., case where `FWP nurser
12 through 40 is ccmo-ned with any other NWP number 12 through 40, as part cf
a single and comp''-leproject, the oermittee must notify the District Engineer
in accordance with paragraphs a., b., and _. of the Motif-cation General
Ccndi t_on number Orly 'Td? number - -..rough -- may be combined anv
other NW? without noEification to the Corps, unless noEi--icaEion is ctaerwise
recuired by tae terms of the NTWPs. As _ovided at 33 C72 330.6(c) two or more
different NW?s can be combined to authori _ a s ngle and complete project.
However, the same NW? cannot be used more twat once for a single and compLeEe
project.
5
SEC: DN a, ,? CNL'L ?01\1: _'-7CNS
In addition to t'ne General Conditions, z.._ following conditions apeLy
on',/ to activities gnat involve tine disc:narge of dredged or f_11 material
waters of the United States, and must be followed in order for authorization
by the NWPs to be va'_id:
1. Water suoo'_v intakes. No discharge of dredged or fill material- may
occur in the proximity of a public water supel./ -..take except where tine
discharge _s for the _ecair of _ne cub-_c water sup :i _, ntake st_lct'.lr_
at]acent bank stabi1l2ation.
?. Shellfis:n croduct-lon. Nc discharge of dredged or fill material may
occur in areas of concentrated shellfish production, unless the discharge is
directly related to a shellfish harvesting act_v'_ty aut.nor__ed by NW° 4.
3. Suitable material. No discharge of dredged or fi11 material may
consist cf unsuitable material (e.g., _rasn, debris, car bodies, asphalt,
etc.,) ana material discharges must be f_e_ from toxic pe1'_utants in tpxic
amounts (see Section 307 of the CLean Water Act;.
4. Mitigation. Discharges of dredged or fi'_: mater!a'_ into 'aters
the United States must be minimized = avoided to the ma ximum extent
practicable at the prc]ect site (' . _ , on-site) , unless the Dist..i_._ Engineer
approves a ccmpensat_on clan z -a: t he -,_st__ct deC_rmanes is more
beneficial to the ?:l ?IironRle .^.t than cn-si __ min- m-i' Cati on or avoidance measuf5.
S. Spawning areas. Discharges in spawning areas during spawning
seasons must be avoided to t`.-:e maximum extent practicable.
o. Obstructions to high flows. To the maximum e:{ten7 practicable,
discharges :Rust nOt permanently restrict or impede the passage o- normal or
pected .._y^^.^. f_cws or cause the ___cca`_on of he wdC (unless c__mar*/
purpose of the f_1s to Impound 'Maters(.
7. Adverse effects --from impoundments. ?f the discharge creates as
impoundment of water, adverse effects on the aquatic system caused by the
accelerated passage of water and/or z`ie _estric,.ion of its flow shall be
minimized to the maximum extent passible.
8. wacerfow_ breeding areas. Discharges into breeding areas for
migratory waterfowl must be avoided to the maximum eaten` practicable.
;Removal of emporar/ f_1-s. ?ny _empc_ar./ must be removed in
t:nei r emi re v and affectec areas _eturnec to their pree:fisting elevation.
6
I . prior t::e use of any nationwide permit in a designated
"Outstanding Resource Water" (ORW), a cies_gnated "H_,gn Quality Water" (HQW) or
a designated "Primary Nursery Area" (?NA) of North Carolina or in contigucus
wetlands (as defined by the North Carolina Division of Water Quality) to any
or the above waters, proponents must notify the Wilmington District Engineer
and furnish a written statement of _cmcliance with all oT the conditions of
the applicable nationwide permit. Notification wile include _ude the location of
work; a descr ^tion of work; a delineation of wetlands; a discussion of
alternatives to worekina in ,..._ waters and/cr contiguous wetlands and '41,71
alternatives were not selected; and a plan ?o mi tigdt... -for all unavoidable
adverse impacts to the waters and/or contiguous wetlands as ma!? be zecuired b_?
the applicable naticnw:.de permit. Work may oceed ly after the permittee
has received written, telephonic or faxed approval to roceed from the
District Engineer. Normally such notice to proceed will be furnished within
thirty (30) days of receipt of the above _nrormation.
2. Prior to the use of an,/ nationwide permit in a designated "Area of
Environmental Concern" (A_EC) in the twenty (20` counties of Eastern Nort`;
Carclina covered oy the Coastal Area Management Act C?D?Ai, a oroconent must
oczain the _ecui_ed _-; `P, pe r::L'.t and _u_nish a coov t:-_
Wilmington D13t____ Engineer.
3. Prior to t',e use of anv nationwide Cer:nlt on a barrier island of
North Caro> _na, a , _coonent must not =',! ^.e ;di_miny^_on Distr__ lglne°__ and
furnish a wri__en statement ccmpliance 'wit:n all conditions of the
applicable nationwide per-nit. Notification %411,1 include the location o=
4ork; a descripticn of work; a delineation of wetlands; a discussion of
alternatives to the work and why alternatives were not selected; and a clan to
mitigate for all unavoidable adverse Lxmacts to wetlands or waters as ma,! pe
..eauIred by the cond'it'ions of the apC_ -;.cable nationwide per-nit. Work :may
proceed onl•?' a-_-_ the cer:n-, tze_ has ____lved writte n, telephonic or faxed
apCrcvdl to proceed =_cm -ne Dist____ Engineer. Nor-ma'such not_c_
proceed will, be furnished within thirty (30) days of ____ pt or --he above
information.
4. Prior to the use of any nationwide oermit in a "Mountain Bog" of
North Carolina, a proponent must notify the Wilmington District Engineer and
4urnish a wr:.tten statement of compliance with all of the conditions of the
applicable nationwide permit. Notification will include the Location or
'work; a description or work; a delineation of wetlands; a discussion oL
alternatives to the wort{ and why alter-doves were not selected; and a plan to
m=ti^ydte for all unavoidable adverse impacts wetlands waters. work may
roceed only after the permittee has received written, telephonic or faxed
approva'_ to proceed from the Dist__Ct Engineer. Dlormal-y such notice to
proceed will be furnished within thirty (30) days or receipt of the above
information.
5. Prior to the use of anv nationwide permit for construction of anima'_
waste facilities in waters and/or wetlands or North Carolina, a proponent must
notify the Wilmington District Engineer and furnish a written statement of
compliance with all conditions of the applicable nationwide permit.
Notification will include the location of work; a description of work; a
delineation of wetlands; a discussion of alternatives to the work and why
alternatives were not selected; and a clan to mitigate for all unavoidable
adverse impacts to wetlands or waters as may be required by the conditions of
the applicable nationwide per-nit. Work may proceed only after the permittee
has received written, telephonic or faxed approval to proceed from the
District Engineer. Normally such notice to proceed will be furnished within
thirty (30) days of receipt of the above information.
o. -he area wetIands __ pac_ea -.. e_ an na=-,..^wl e Oer L ^u5=
not _` ceeC z?ne area '_m_.ts stateU• in t.._ nd__onw_' ae cermats afa_, ned .^v _ rand
perimeter dit_.,es or by ct ler :Weans.
i ?r_o.. t.. _ne .lse of anv nat_onwi__ _rm_._ in Mou.^:ta-_. __out Waters
within twent -five 1221 designated ccur.__es Ne_t.. Carolina, a oocne.._
must ncti=y tine Wi l.rj:_ngton Cist__. t ...^ginee_ and 1 rn_sh a wr__ten statement
of eemoliance ?__.. all the conditions applicable nationwide ner:u.t.
Notification wi'_l include a ap _.va_ from the N=:, Carcl'_,na
Wildlife Resources Comm-Ls5icn (NCWRC,, t.._ locat_cDn work, a dei_neat_cn
wetlands, _ .,_scuss_on alternat_,es _3 wcrk_?:g in Moun!:ai.n Trcut Waters
and why a'_terna_ives were net selected; and a plan to mitigate for all
unavcic'able adverse impacts to the Mcunta-n Trout Waters. Work may proceed
only after the permit,___ has received written, telephcni.c or faxed approval tic
proceed from _he District Engineer. Nermal'_y such notice to proceed will be
furnished wi_hin _..irty (30) days receipt of the above information.
a. The twenty-rive 25) designated counties are:
Alleghany Ashe Averv
3unccmbe 3ur;te Caldwell
Cherokee Clav :3raham
Haywood 'Henderson Jackson
Macon Madiscn McCowel'_
Mi`_.^.el'_ Polk ?.ut erf
Stokes Su rr•J Swain
Transv_vania Watauga 11Lkas
Yancv
b. To cptai n the reCUlr_. Jr appnova-I frcm the Ncr_n CarrlLna
Wildlife Resources Commission (NCWRCl, a prcconent showed contact:
Ncrt:n Carolina Wildlife :resources Commission
nabi_a: Conservation ?rcgram Manager
512 Nc_th Sa-_sbury Street
Raleigh, NC 27611
Te_echone (919) 733-7638
3. Finished elevations of a road must not be lower t'-an the elevation of
surrounding wetlands to prevent the road from functioning as a disc: and
draining ad:acent wetlands.
9. The total area of wetlands impacted, including wetlands drained by
di_ches excavated adjacent to roads cr by the read _-_self, must net exceed the
1/3 acre 1- Cation of this permit.
13 . All wetland crossings must be from previous'/ ea_sting h_sh ground to
0reviousl'J ..iggn ground.
11. Culverts installed in crossings must be of sufficient site to allow
normal sur'_ace water exchange between the wetlands on either site of the road
and to maintain normal hydrology across the wetland.
12. All fi'_1 material must be obtained from an upland source.
13. Culver_s may not be used on crossings of streams designated by the
North Carc'_ina Division of Marine Fisheries and the Nert:n Carolina Wildlife
Resources Commission as anadremous t_sh spawning areas. Crossings must be
bridged. This cces :lot apply to diverts being _eoiacea with ...._vert5.
14. Unconta=fled concrete may nct be COUred in StreamS.
8
S -A-- =NS-_ S ENC'i N:? -_ :CNS
The ..cadwav widta shall be min- used as muc^ as pract_cab__ anc _nat
practicable alternative exists
2 All material must be obtained from an upland source.
3. Sridging is required in areas designated as anadromcus fish spawning
areas by NC_ la_ol-na DIvi s_on of Marine _15h___e5 o_ tae Ne-_.. Ca_c_-na
Wi----, Lf_ Resources commission in order -o a__ w con..in lea use of
ream SDd' nihQ use CL cu ie - ts _ in 5 aticns is not author-,zed.
-for .
4. Where Culverts are used, they s:nould be buried one foot in^. o the
substrate iz po5siole to mai ntai_1 and facilitate fish passage.
1= concrete is used, care must be taken to prevent wet concrete from
contacting stream water.
6. if the crooosed activity is within the Ncrt:n Carolina Coastal Area,
the applycan- must _.,._'I° i•lritten ccnc'-,rrence from =e Nortn Carolina
Di vision of Coastal Management (NCDCM) that aCt_vi-y is ?onS15L?.^.- _-..
Lae Nor--'n Carcl:na :castal Manageme.n-- Program.
?DND: =_DDiS
uc :lER4L DR _ _ _ .?
1. Proposed f___ o substan Lial modification under this genera-
Ce_--_-cat-on wri__en concurrence from :he Nc-_:n Carona D--,r-s-on .._'
Water Quality (NCDWQ;.
2. The width .,f t:ne fill is 1-mired to t'ne minimL= needed to t'ne accuai
crossing.
3. The -oadwav width shall be minimised as much as practicable and nc
aracticable alternative exists.
4. ?ices shall be installed under the road in all necessary stream
crossings to carry at least tae 25-year storm event as outlined in the most
recent edition of t:ne '-Nor--n Carolina Set-menr and Erosion Control Planning
and Design Manual" or tae "North Carolina Surface M,n-ng Manual" so as not t
impede flow.
3. Lpprocr_ate sediment and erosion _ont-._ practices which ua_ .r
e.,:ceed those out-ihed in tae most recent version of "Ner-:n Carolina
Sediment and Erosion Control Planning and Design Manual" or the 1fcr=
Carolina Surface Mining Manual" (available from L:^e Nort:n Carolina Derision
Land Management in the DEHNR Regional or Central C=(ices) will- be utilized --o
prevent exceedanees of the apprcpr-ace turbid-,-- water aualicy standard (50
NTU's in streams and rivers not designated as --rout of i(CDWQ, 25 NTU's in all
saltwater classes and all lakes and reservoirs, and 10 NTU's in rout watz?rsl.
b. All sediment and erosion control measures olaced in wetlands or waters
shall be removed and tale natural grade restored after the Nort- n Carolina
Div-sion of Land Resources has released the pro]ect.
7. Measures shall be taken to prevent live or fresh concrete from coming
into contact with waters of the State until tae concrete has hardened.
I. « ?..?s _____fica-_sn _s u ses a?.c-? ss . ses, al_ _.,CS mUS?
he Dullt3^__ ? _..GUt atdi _-cnal __ce,Jcri- ---a- al-Dwet ,nde_ oL -e_- General
mus= _acet on remain-'ng wetlands
these lots _es`.__ .:tutee f: .-L-1 "The Nor_.. Carol-na Di*1:.s-,on of Nate..
Quali__/ (NCDWQ) shall ce sent copies 311 daet _es=ric ons applied to _nese
lcLs .
7. Tn_s --e__- fat_cn sha_. .. ____.. reads __cm na=Ural Dun
ro nat.ral yn y^_:?unt. The fcf na=ii=riae perm-!: No. _. -.a'
nCt be 'lsec _..
oat access.
13. if an envi_ =en=al tecumen_ _s __et, =his Cer_ l_caticr. Ls ..ct
valit unti_ a :CrlSl cr ROD is issued 0y t.._ S--_::e Clearinghouse.
11. -kacii=_ona_ sic_-specific conti=ions may be added this Ce___=_ca=_ n
to ensure comc-l ante with all acclica^1_ wa_e= c:uali=v ant _L`_luen= S=3ntd.^s.
17. Ccr.currence -from North Ca=-_ na Di-r_sion of Wa=er Qua-'-,7:", (NCDGiQ.
=hat this ati .. accl__s an _.ti,_ ual _^'ec= sha'_- eXoi__ =h =_
dears f_cm =..? tat_ _ne =/e_ l__=__ __cn =: e ?fCD
'o
GENERAL CONDITIONS
Navigation. No activity may cause more than a minimal adverse effect on navigation.
Proper Maintenance. Any structure or fill authorized shall be properly maintained, including maintenance to ensure public
afety.
. Erosion and Siltation Controls. Appropriate erosion and siltation controls must be used and maintained in effective
Aerating condition during construction, and all exposed soil and other fills must be permanently stabilized at the earliest
racticable date.
i. Aquatic Life Movements. No activity may substantially disrupt the movement of those species of aquatic life indigenous
the waterbody, including those species which normally migrate through the area, unless the activity's primary purpose is to
npound water.
i. Equipment. Heavy equipment working in wetlands must be placed on mats or other measures must be taken to minimize
oil disturbance.
i. Regional and Case-by-case Conditions. The activity must comply with any regional conditions which may have been
dded by the Division Engineer and any case specific conditions added by the Corps.
r. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and Scenic River System; or in a
ver officially designated by Congress as a "study river" for possible inclusion in the system, while the river is in an official
tudy status. Information on Wild and Scenic Rivers may be obtained from the National Park Service and the U.S. Forest
ervice.
3. Tribal Rights. No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water
ghts and treaty fishing and hunting rights.
f. Water Quality Certification. In certain states, an individual state water quality certification must be obtained or waived.
0. Coastal Zone Management. In certain states, an individual state coastal zone management consistency concurrence
lust be obtained or waived.
1. Endangered Species. No activity is authorized under any NWP which is likely to jeopardize the continued existence of
threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered
pecies Act, or which is likely to destroy or adversely modify the critical habitat of such species. Non-Federal permittees shall
otify the District Engineer if any listed species or critical habitat might be affected or is in the vicinity of the project and shall
of begin work on the activity until notified by the District Engineer that the requirements of the Endangered Species Act have
een satisfied and that the activity is authorized. Information on the location of threatened and endangered species can be
btained from the U.S. Fish and Wildlife Service and National Marine Fisheries Service.
2. Historic Properties. No activity which may affect Historic Properties listed, or eligible for listing, in the National Register
f Historic Places is authorized, until the District Engineer has complied with the provisions of.33 CFR 325, Appendix C. The
rospective permittee must notify the District Engineer if the authorized activity may affect any historic properties listed,
etermined to be eligible, or which the prospective permittee has reason to believe may be eligible for listing on the National
tegister of Historic Places, and shall not begin the activity until notified by the District Engineer that the requirements of the
lational Historic Preservation Act have been satisfied and that the activity is authorized. Information on the location and
xistence of historic resources can be obtained from the State Historic Preservation Office and the National Register of Historic
'laces (see 33 CFR 330.4(g)).
3. Water Supply Intakes. No discharge of dredged or fill material may occur in the proximity of a public water supply intake
xcept where the discharge is repair of the public water supply intake structures or adjacent bank stabilization.
4. Shellfish Production. No discharge of dredged or fill material may occur in areas of concentrated shellfish production,
nless the discharge is directly related to a shellfish harvest activity authorized by nationwide permit.
5. Suitable Material. No discharge of dredged or fill material may consist of unsuitable material (e.g., trash, debris, car
odies, etc.) and material discharged must be free from toxic pollutants in toxic amounts.
6. Mitigation. Discharges of dredged or fill material into waters of the United States must be minimized or avoided to the
iaximum extent practicable at the project site (i.e., on-site), unless the District Engineer has approved a compensation
-iitigation plan for the specific regulated activity.
7. Spawning Areas. Discharges in spawning areas during spawning seasons must be avoided to the maximum extent
racticable.
8. Obstructions of High Flows. To the maximum extent practicable, discharges must not permanently restrict or impede
ie passage of normal or expected high flows or cause the relocation of the water (unless the primary purpose of the fill is to
-npound waters).
9. Adverse Impacts from Impoundments. If the discharge creates an impoundment of water, adverse impacts on the
iquatic system caused by the accelerated passage of water and/or the restriction of its flow shall be minimized to the maximum
extent practicable.
M. Waterfowl Breeding Areas. Discharges into breeding areas for migratory waterfowl must be avoided to the maximum
extent practicable.
!1. Removal of Temporary Fills. Any temporary fills must be removed in their entirety and the affected areas returned to
heir preexisting elevation.
U.S. ARMY CORPS OF ENGINEERS 70--)e t-7
WILMINGTON DISTRICT 39193av
76Y6-oo
Action Id. ? Ir 10 (? 315 County 1"5k y?
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner
+ L ?A?4 <foL-at
4
Applicable Law: Section 404 (Clean Water Act, 33 U.S.C. 1344).
(check all that apply)' Section 10 (River and Harbor Act of 1899).
Authorization: Regional General Permit Number.
kL,)4 Nationwide Permit Number.
Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is accomplished
in strict accordance with the attached conditions and your submitted plans. If your activity is subject to Section
404 (if Section 404 block above is checked), before beginning work you must also receive a Section 401 water
quality certification from the N.C. Division of Environmental Management, telephone (919) 733-1786. For any
activity within the twenty coastal counties, before beginning work you must contact the N.C. Division of Coastal
Management, telephone (919) 733-2293.
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the conditions
of the RGP or the NWP referenced above may subject the permittee to a stop work order, a restoration order, and/or
appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to obtain
any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State
and local agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or Nationwide
Permit, please contact the Corps Regulatory Official specified below.
Date 2 (Z3(
Corps Regulatory Official Telephone No. ?Z.SZ )-77-5-- 116
Expiration Date of Verification Z /Z -? (Zo Z.
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST
BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
"Ni
Telephone No. 61I °/ ) ?2 'sl
Size and Location of project (water body, road name/number, town, etc.)
Progress Energy Service Company, LLC
on behalf of Progress Energy, Inc. subsidlarles
P.O. Box 1551
Raleigh, NC 27802
Check Date
05-JUL-02
Progress Energy
Check Number
103777
Vendor name
N C DENR
Vendor #
11946
invoice# Invoice Date Invoice Description Adjustments Paid Amt
0 200
200