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HomeMy WebLinkAbout20021146 Ver 1_COMPLETE FILE_20020718WA o r?Rpr, 1 L4WTN___ =f 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 $4? ?F 111 N c A 1 z O N p a? t ?? s ?H III ?,Opo • r 33 m ! ?? III m o N m ^ ? ? c 5 ff qF "? ?F a ???1'i?Cl> q ? o? m m n r z O N ap A r7 I I >? I Nq1 q= L2 off" a? N T° by Hv? N `r?•o is i.nicii ,0.1-.°g 6q dap {g? ?$}S^?¦? $"o "?' 'r?^ ??? ? ?g E7 ? \ W NN13ll1Yl '1'1111 Y'N P!mlm°i?ila; iy$ ?6 F+???ogq i= mo ONE toil is! !aio•svv ? _ ? ?Y.? _ !B!-117 T'1 Ic ? :n?1x!m34, sq '°i F ¢XI ' pr °? 6?g g?p'^T5 g> g r$`{ 7 y w ,.,^; 'a; sl ?1< c?; y?QtSN po b p mp 5q? 4"yF=k^ ?pr N?r?^ ?? y? R? -K ? -.8'^ P o ?^! 1<"' -sinia vl `? B rg? 8?p b s" Oil q>> ? gR?? .? ;.i !z A $? E g yLJ 'br o 'y` F"r3c8 Fm?$g"?. ?y i2 9 ?rY ti 7K c I -A 6 8 n ?: 1 lour anlNVS 'WV 1fqll?L no a x c 0 o a a 8 s a 8 ,o 8 8 b $ o w 8 $ h ' ° u S ° $ 0 $ m D N A M m z v r zz z z H r Z u n 0 M N N 0 a ®? Tic 9 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 FAYETTEVILLE 1-95 ROCKY MOUNT WAYNE COUNTY GOLDSBORO I CP&L SITE VICINITY MAP \\\ yIIfI I, d J4 'V \ J (\ ??-? m o .._,.,..r,. 'Pt t0 I O _. I ./ I / v ?A 1 / ? 0 11: 1 .? F / A \ J 'U AJI If I I r III i \- / ? C 5 I ? 111 ? I / •?? i. - / ? ? ?• ? / J f, ;1%- l ?? ?? ? •, ',l J \ .. rr ?r (? ° I` ~?? ? ? I : III AAA \ ? , -I 1 ('.' °,?, I r n ---_---- ?o N / /? ? \ /j '? ?? \ ;0'? ?// .? 111 ??,• f??? I `b I m p li I Iljl I I I! lil?ll I!I', • li ? ? ? ?? ? _.. _?? ?= n I °.,, I' II I??ii ilili llllllllli?l?iili .`• V 1? 1 \\ ??1 1 ?/I 1 ?•\o° _ / li I i ({ I I Elul I - {* (\ I ?. ?? ? jiiilI?I?Iill?jll'I? Ijl'ji'i ?III??,il??l,i? I jlil . ? \, ":`_ ?. - - - • / ? ? ? r ??I?IIIijIiil(;II ?i?l ilii?`I' iIIII IIIiillliji ;i;r C ?\??,? ? \ ?• ? a -r"`)?%? ? ?`' --, `-- '?' '?' I Iiliill?l iII IIII!Ilil?jjjl lilt, ..?!? ? ?? l \\ 11' I ` I. ??•f `/ \6/ \ \ 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 I- 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) Z010 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