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HomeMy WebLinkAbout20110797 Ver 1_DCM Permit_20111103Permit Class '�EW STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission �� �� for X Ma�or Development in an Area of Envirorunental Concern pursuant to NCGS 113A 118 X Excavation and/or filling pursuant to NCGS 113 229 Permit Number 129-11 Issued to Carolina Power and Li�ht D/B A Pro�ress Energy Carolinas, PO Box 1981, Ralei�h, NC 27601 Authorizing development in New HanoverBrunswick County at Cape Fear River, at 2452 River Road, Wmnabow, and 4� 1 I R�ver Road �n W�lm�tlgton as requested in the permittee s application dated 8/16/1 i(MP 1 and MP 21 and 7/12/11 (MP 3) mcluding the attached woikplan drawtngs (15), 12 dated 2/11/11 2 dated 7/27/11 and 1 dated 7/7l11 Th�s perm�t issued on November 3, 2011 is subJect to compltance with the application (where cons�stent with the perm�t) all applicable regulations special condttions and notes set forth below Any violation of these terms may be sub�ect to fines impr�sonment o� c�v�l action oi may cause the pei mit to be null and void Electric Transmission Lmes 1) Unless speciiically altered herem this permit authorizes only the directional drilling of the transmission lines under the Cape Fear River all as expressly and specifically set forth m the attached permit application and workplan drawings (See attached sheets for Additional Conditions) Th�s permrt action may be appealed by the perm►ttee or other qualified persons withm twenty (20) days of the issuing date An appeal requires resolut�on pr�or to work mitiatton or contmuance as the case may be This permit shall be access�ble on site to Department personnel when the pro�ect is mspected for compliance Any maintenance work or pro�ect modification not covered hereunder requires further Div�s�on approval All work shall cease when the perm�t expires on February 27, 2015 In �ssumg this permit the State of North Carolma agrees that your pro�ect is consistent with the North Carolma Coastal Management Program Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission � � M Ted Tyndall istant Director Q Division of Coastal Management �/.,�, Th�s permrt and rts condrtions are hereby accepted Signature of Permittee � �� ��� � Carolina Power and Light DB A Progress Encrw Carolinas Perm�t # 129 11 Page 2 of 3 � ADDITIOVAL CONDITIO�S 7 2) No attempt shall be made by the permittee to prevent the full and fiee use by the public of all navigable waters at or ad�acent to the authortzed work 3) This rermit does not �iztrorize the interference with any eXisting or proposed Federal pro�ect and the peimittee shall not be entitled to compensation for damage to the authorized structure or work or in�ury ` that may be caused fiom existing or future operations undeitaken by the United States in the public interest Unland Development 4) Unless specifically altered herein this pei-�nrt authori7es the grading and other land disturbing activrties associated with the development of the above referenced property includmg the switchmg/transition stations all as expressly and specifically set forth in the attached permit application and workplan drawmgs Any addrtional land disturbing activrties and/or constiuction may require a modification of this permrt Contact a Division of Coastal Management representative at (910) 796 7215 for this determination Seclimentahon and Eros►on Control S) Appropriate sedimentation and erosion control devices measures or structures shall be implemented to ensure that eioded matenals resulting from the excavation of the estuarme shorelme for the directional boring drilling operations do not enter adJacent wetlands wateicourses and property (e g silt fence diversion swales or beims etc ) Easement 6) An subaqueous crossmg Easement from the Department of Administration s State Property Office may be required The permittee shall contact the State Property Office prior to the imtiation of construction of any subaqueous utility lmes to determme if such an easement will be required Any required easements shall be obtamed and a copy provided to the Division of Coastal Management prior to construction of any r���� boat slips or other docking facilities authorized under this permrt U S Armv Corps of Engineers 7) In accordance with requirements of the US Army Corps of Engineers and m order to compensate for impacts to 1 92 acres of wetlands the permittee shall make payment to the North Caiolina Ecosystem Enhancement Program (NC EEP) in the amount determmed by the NC EEP sufficient to perform the restoration of 3 84 acres of non riparian wetlands in the Cape Fear River Basin Cataloging Unit 03030005 8) Construction within �urisdictional areas on the property shall begm only after the permtttee has made full payment to the NC EEP and provided a copy of the payment documentation to the Corps of Engmeers and DCM and the NC EEP has provided written confirmation to the Corps of �ngineers and DCM that it agrees to accept responsibility for the mitigation work required in compliance with the MOU between the North Carolma Department of Environment and Natural Resources and the United States Army Corps of Engineers Wilmmgton District dated November 4 1998 � � � a Carolina Power and Light D/B A Progress Energy Carolinas ADDITIONAL �Oi �ITIO�S G�neral Permit # 129 11 Page 3 of 3 9) The perrmttee understands and agrees that if future operations by the United States requires the removal relocation �r other alteration of thc � i�ct��rP or work authorized by this permit or if tn the opinion of the Secretary of the Army or his authorized representative said structure or work shall cause unieasonable obstruction to free navigation of the navigable waters the peimittee shall be required upon due notice from the Corps of Engineers to remove relocate or alter the structural work or obstructions caused thereby without expense to the United States or the state of North Carolina No claim shall be made against the United States or the state of North Carolma on account of any such removal or alteration 10) No Coastal Wetlands shall be excavated or filled, even temporarily NOTE This peimrt does not eliminate the need to obtain any addrtional state federal or local peimits approvals or authorizations that may be required lidOTE I'uture development of the permrttee s property may require a modification of this pernlrt Contact a iepresentative of ihe Division at (910) 796 7115 prior ta the commencement of a��} such activity for this determination The permittee is further advised that inany non water dependent activities are not authorized withm 30 feet of the normal water level i lOTE NOTE The N C Division of Water Quality has authorized the proposed pro�ect under General Water Quality Certificat�on No 3642 (DWQ Pio�ect No 11 0797) which was issued on 10/19/11 The U S Army Corps of Engineers authorized the proposed pro�ect under COE Action Id No SAW 2010 00071