20120339 Ver 1_401 Application_20120412

Progress Energy
&4?,
9
Certified Mail 7007 2680 0000 1189 2966
File Pt 12520 -N
Ms Tasha McCormick
Asheville Regulatory Field Office
US Army Corps of Engineers
IS 1 Patton Avenue, Room 208
Asheville, NC 28801 5006
Mr Ian McMillan
401 Certification Coordinator
NC Division of Water Quality
1650 Mail Service Center
Raleigh, NC 27699 1650
2 0124339
April 2012
COURTESY
P0'Py
LS��a v lS
APR 4 2012
Subject Temporary Water Intake Line in French Broad River
Asheville Steam Electric Plant
Carolina Power & Light Company d/b /a Progress Energy Carolinas
Buncombe County
Dear Ms McCormick and Mr McMillan
Carolina Power & Light Company d/b /a Progress Energy Carolinas, Inc requests a
Section 10 authorization under the Nationwide Permit program (NWP 12) to place a temporary
utility line in the French Broad River Enclosed is the completed Pre Construction Notification
(PCN) Application Form with attachments A similar request has been authorized by the United
States Army Corps of Engineers in the past (Corps Action ID # 2007 04111 enclosed) but has
since expired Based on the specific details of this proposal it is our understanding that written
concurrence from the NC Division of Water Quality (NC DWQ) is not required Therefore this
application is provided to NC DWQ For the record only
The requested temporary utility line would allow the Asheville Steam Electric Plant to
withdraw makeup water intermittently during extreme low flow conditions in the river to ensure
continued plant operations The temporary intake pumps will only be operated when the water
level in the French Broad River falls below the level required for the permanent intake structure
pumps to withdraw water
The intake line will be extended no further than 20 feet away from the river bank and the
pumps will be placed on high ground near the existing intake structure There will be no land
disturbance or wetland buffer or stream impacts associated with the placement of the intake
line and pumps
Progress Energy Carolinas Inc
Asheville Plant
200 CP &L Drive
Arden NC 28704

Because operation of the Asheville Steam Electric Plant during all conditions is critical to
Progress Energy Carolinas' obligation to ensure adequate electric generation to the community
we would appreciate your review of this request as expeditiously as possible Further as
Progress Energy wishes to maintain this capability as an ongoing contingency for low flow
conditions, we request that authorization for this activity be granted for a period of five years
If you have any question or need any further information please contact Mr Shannon
Langley of our Environmental Services Section at [phone] or
shannon langley @pgnmail com
Sincerely,
41') kz--�
Garry A Whisnant
Asheville Plant Manager
Enclosures
C Mr David McHenry NC Wildlife Resources Commission

\O�ot WA TF9
o -c
Office Use Only
Corps action ID no
DWQ project no
Form Version 13 Dec 10 2008
Page 1 of 11
PCN Form — Version 1 3 December 10 2008 Version
Pre - Construction Notification PCN Form
A Applicant Information
1
Processing
la
Type(s) of approval sought from the
Corps
®Section 404 Permit ®Section 10 Permit
1 b Specify Nationwide Permit (NWP) number 12 or General Permit (GP) number
1c
Has the NWP or GP number been verified by the Corps?
® Yes
❑ No
1 d
Type(s) of approval sought from the DWQ (check all that apply)
❑ 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ 401
Certification
N Yes ❑ No
For the record only for Corps Permit
❑ Yes ® No
If
Is payment into a mitigation bank or in lieu fee program proposed for mitigation
of impacts? If so attach the acceptance letter from mitigation bank or in lieu
fee program
❑ Yes
® No
1g
Is the project located in any of NC s twenty coastal counties if yes answer 1 h
below
❑ Yes
® No
1h Is the project located within a NC DCM Area of Environmental Concern (AEC)?
I ❑ Yes
® No
2
Project Information
2a
Name of project
Progress Energy Asheville Plant Drought Contingency piping
2b
County
Buncombe
2c
Nearest municipality / town
Arden
2d
Subdivision name
N/A
2e
NCDOT only T I P or state
project no
N/A
3
Owner Information
3a
Name(s) on Recorded Deed
Carolina Power & Light Company d /b /a Progress Energy Carolinas
Inc
3b
Deed Book and Page No
3c
Responsible Party (for LLC if
applicable)
Garry Whisnant Plant Manager Asheville Steam Plant
3d
Street address
200 CP &L Drive
3e
City state zip
Arden NC 28704
3f
Telephone no
[phone]
3g
Fax no
828 687 5204
3h
Email address
garry whisnant @pgnmad com
Page 1 of 11
PCN Form — Version 1 3 December 10 2008 Version

4
Applicant Information (if different from owner)
4a
Applicant is
❑ Agent ❑ Other specify
4b
Name
N/A
4c
Business name
(if applicable)
N/A
4d
Street address
N/A
4e
City state zip
N/A
4f
Telephone no
N/A
4g
Fax no
N/A
4h
Email address
N/A
5
Agent/Consultant Information (if applicable)
5a
Name
N/A
515
Business name
(if applicable)
NIA
5c
Street address
N/A
5d
City state zip
N/A
5e
Telephone no
N/A
5f
Fax no
N/A
5g
Email address
N/A
Page 2 of 11
PCN Form — Version 1 3 December 10 2008 Version

B Project Information and Prior Project History
1 Property Identification
1a Property identification no (tax PIN or parcel ID)
964411651842
1b Site coordinates (in decimal degrees)
Latitude 35 47358 Longitude 8255393
(DD DDDDDD) (DD DDDDDD)
1c Property size
Project located in parcel 1842 (owned by CP &L) 622 69
acres
2 Surface Waters
2a Name of nearest body of water (stream river etc) to
French Broad River
proposed project
2b Water Quality Classification of nearest receiving water
Class C
2c River basin
French Broad
3 Project Description
3a Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application
Existing steam electric plant makeup water intake structure with access roads
3b List the total estimated acreage of all existing wetlands on the property
Unknown
3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property
Unknown
3d Explain the purpose of the proposed project
The Asheville Steam Electric Plant cooling lake level must be maintained to ensure electric generation capability During
low flow conditions in the river the water level may be below the elevation needed for the existing intake pumps to
operate and supply water to the plant s cooling lake The temporary utility line and pumps could provide the water needed
to keep the plant operational This project is part of the Asheville Steam Electric Plant drought contingency plan
3e Describe the overall project in detail including the type of equipment to be used
This project is for the installation of a temporary utility line (water intake pipe) in the French Broad River to extend the
reach of the existing intake pumps during low flow conditions predicted during the Drought periods A 12 inch diameter
flexible line will be extended no more than 20 feet from the bank into the river at the location of the existing pump intake
structure (see Attached map) Two diesel driven pumps will be placed adjacent to the existing river intake pumps on
shore and operated only when the existing water intake is incapable of withdrawing water At certain periods these two
temporary pumps may operate 24 hours a day with a withdrawal rate of 10 000 gpm The end of the line will be secured
by weights and will be covered with a screen (mesh size approximately 1 cm) to reduce impacts to fish and deter debris
from entering the line There will be no impact to the riparian buffer or to wetlands nor will there be any land disturbance
There will be no discharge into the French Broad River from this activity
4 Jurisdictional Determinations
4a Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past?
® Yes ❑ No ❑ Unknown
Comments JD received with last permit verficiation for this
site Copy attached
4b If the Corps made the jurisdictional determination what type
❑ preliminary ® Final
of determination was made?
4c If yes who delineated the jurisdictional areas?
Agency /Consultant Company
Name (if known)
Other
4d If yes list the dates of the Corps jurisdictional determinations or State determinations and attach documentation
January 25 2008
Page 3 of 11
PCN Form — Version 1 3 December 10 2008 Version

6 Project History
5a Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
® Yes ❑ No ❑ Unknown
5b If yes explain in detail according to help file instructions
Previous NW 12 verifications received for this activity USACOE Action ID 2007 04111
6 Future Project Plans
6a Is this a phased project?
❑ Yes ® No
6b If yes explain
Page 4 of 11
PCN Form — Version 1 3 December 10 2008 Version

C Proposed Impacts Inventory
1 Impacts Summary
1a Which sections were completed below for your project (check all that apply)
❑ Wetlands ❑ Streams tributaries ❑ Buffers
® Open Waters ❑ Pond Construction
2 Wetland Impacts
If there are wetland impacts proposed on the site then complete this question for each wetland area impacted
2a
2b
2c
2d
2e
2f
Wetland impact
Type of jurisdiction
number —
Type of impact
Type of wetland
Forested
(Corps 404 10
Area of impact
Permanent (P) or
(if known)
DWQ — non 404 other)
(acres)
Temporary T
W1 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W2 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W3 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W4 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W5 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W6 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
2g Total wetland impacts
2h Comments
3 Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site then complete this
question for all stream sites impacted
3a
3b
3c
3d
3e
3f
3g
Stream impact
Type of impact
Stream name
Perennial
Type of jurisdiction
Average
Impact
number
(PER) or
(Corps 404 10
stream
length
Permanent (P) or
intermittent
DWQ — non 404
width
(linear
Temporary (T)
(INT)?
other)
(feet)
feet)
S1 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S2 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S3 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S4 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S5 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S6 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
3h Total stream and tributary impacts
31 Comments
Page 5of11
PCN Form — Version 1 3 December 10 2008 Version

4 Open Water Impacts
If there are proposed impacts to lakes ponds estuaries tributaries sounds the Atlantic Ocean or any other open water of
the U S then individually list all open water impacts below
4a
4b
4c
4d
4e
Open water
Name of waterbody
impact number —
(if applicable)
Type of impact
Waterbody type
Area of impact (acres)
Permanent (P) or
Temporary T
01 []POT
French Broad
Temporary obstruction
River
<0 1
02 ❑P ❑T
03 ❑P ❑T
04 ❑P ❑T
4f Total open water impacts
4g Comments There will be no impacts to wetlands or stream channels The temporary obstruction to open water will be
minimal and should not impede free river passage The utility line will be placed beside the existing concrete water intake
structure (see Attached schematic) and extend no more than 20 feet from the river bank
5 Pond or Lake Construction
If pond or lake construction proposed then complete the chart below
5a
5b
5c
5d
5e
Wetland Impacts (acres)
Stream Impacts (feet)
Upland
Pond ID
Proposed use or purpose
(acres)
number
of pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5f Total
5g Comments
5h Is a dam high hazard permit required?
❑ Yes ❑ No If yes permit ID no
51 Expected pond surface area (acres)
5l Size of pond watershed (acres)
5k Method of construction
Page 6 of 11
PCN Form — Version 1 3 December 10 2008 Version

6 Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer then complete the chart below If yes then individually list all buffer impacts
below If any impacts require mitigation then you MUST fill out Section D of this form
6a
❑ Neuse ❑ Tar Pamlico ❑ Other
Project is in which protected basin?
❑ Catawba ❑ Randleman
6b
6c
6d
6e
6f
6g
Buffer impact
number —
Reason
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P) or
for
Stream name
mitigation
(square feet)
(square feet)
Temporary
im act
required?
B1 ❑P ❑T
El Yes
❑ No
B2 ❑P ❑T
El Yes
❑ No
B3 ❑P ❑T
El Yes
❑ No
6h Total buffer impacts
61 Comments
D Impact Justification and Mitigation
1 Avoidance and Minimization
1a Specifically describe measures taken to avoid or minimize the proposed impacts in designing project
This project will have no impacts to waters wetlands or riparian buffers Utility line will be placed along an existing road and
over the lip of the existing concrete structure out into the river no more than 20 feet A screen (mesh size approximately 1 cm)
installed on the end of the temporary line will reduce impingement and entrainment of fish The pumps will be run only when
necessary to replace the water intake capabilities of the permanent system during extremely low flow conditions in the French
Broad River
lb Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques
2 Compensatory Mitigation for Impacts to Waters of the U S or Waters of the State
2a Does the project require Compensatory Mitigation for
❑ Yes ® No
impacts to Waters of the U S or Waters of the State?
2b If yes mitigation is required by (check all that apply)
❑ DWQ ❑ Corps
❑ Mitigation bank
2c If yes which mitigation option will be used for this
❑ Payment to in lieu fee program
project?
❑ Permittee Responsible Mitigation
3 Complete if Using a Mitigation Bank
3a Name of Mitigation Bank
3b Credits Purchased (attach receipt and letter)
Type
Quantity
Page 7 of 11
PCN Form — Version 13 December 10 2008 Version

3c Comments
4 Complete if Making a Payment to In lieu Fee Program
4a Approval letter from in lieu fee program is attached
❑ Yes
4b Stream mitigation requested
linear feet
4c If using stream mitigation stream temperature
❑ warm ❑ cool ❑cold
4d Buffer mitigation requested (DWQ only)
square feet
4e Riparian wetland mitigation requested
acres
4f Non riparian wetland mitigation requested
acres
4g Coastal (tidal) wetland mitigation requested
acres
4h Comments
5 Complete if Using a Permittee Responsible Mitigation Plan
5a If using a permittee responsible mitigation plan provide a description of the proposed mitigation plan
6 Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
❑ Yes ® No
6b If yes then identify the square feet of impact to each zone of the riparian buffer that requires mitigation Calculate the
amount of mitigation required
Zone
6c
Reason for impact
6d
Total impact
(square feet)
Multiplier
6e
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
15
6f Total buffer mitigation required
6g if buffer mitigation is required discuss what type of mitigation is proposed (e g payment to private mitigation bank
permittee responsible riparian buffer restoration payment into an approved in lieu fee fund)
6h Comments
Page 8 of 11
PCN Form — Version 1 3 December 10 2008 Version

E
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1
Diffuse Flow Plan
1a
Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ® No
within one of the NC Riparian Buffer Protection Rules?
1 b
If yes then is a diffuse flow plan included? If no explain why
❑ Yes ❑ No
Comments
2
Stormwater Management Plan
2a
What is the overall percent imperviousness of this project?
%
2b
Does this project require a Stormwater Management Plan?
❑ Yes ® No
2c
If this project DOES NOT require a Stormwater Management Plan explain why
2d
If this project DOES require a Stormwater Management Plan then provide a brief narrative description of the plan
❑ Certified Local Government
2e
Who will be responsible for the review of the Stormwater Management Plan?
❑ DWQ Stormwater Program
❑ DWQ 401 Unit
3
Certified Local Government Stormwater Review
3a
In which local government s jurisdiction is this project?
❑ Phase II
3b
Which of the following locally implemented stormwater management programs
❑ NSW
❑ USMP
apply (check all that apply)
❑ Water Supply Watershed
❑ Other
3c
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
4
DWQ Stormwater Program Review
❑ Coastal counties
❑ HQW
4a
Which of the following state implemented stormwater management programs apply
❑ ORW
(check all that apply)
❑ Session Law 2006 246
❑ Other
4b
Has the approved Stormwater Management Plan with proof of approval been
attached?
❑ Yes ❑ No
5
DWQ 401 Unit Stormwater Review
5a
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b
Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 9 of 11
PCN Form — Version 1 3 December 10 2008 Version

F
Supplementary Information
1
Environmental Documentation (DWQ Requirement)
1a
Does the project involve an expenditure of public (federal /state /local) funds or the
❑ Yes
® No
use of public (federal /state) land?
1 b
If you answered yes to the above does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes
❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c
If you answered yes to the above has the document review been finalized by the
State Clearing House? (If so attach a copy of the NEPA or SEPA final approval
letter)
❑ Yes
❑ No
Comments
2
Violations (DWQ Requirement)
2a
Is the site in violation of DWQ Wetland Rules (15A NCAC 2H 0500) Isolated
Wetland Rules (15A NCAC 2H 1300) DWQ Surface Water or Wetland Standards
❑ Yes
® No
or Riparian Buffer Rules (15A NCAC 213 0200)?
2b
Is this an after the fact permit application?
❑ Yes
® No
2c
If you answered yes to one or both of the above questions provide an explanation of the violation(s)
3
Cumulative Impacts (DWQ Requirement)
3a
Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes
® No
additional development which could impact nearby downstream water quality?
3b
If you answered yes to the above submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy If you answered no provide a short narrative description
4
Sewage Disposal (DWQ Requirement)
4a
Clearly detail the ultimate treatment methods and disposition (non discharge or discharge) of wastewater generated from
the proposed project or available capacity of the subject facility
N/A
Page 10 of 11
PCN Form — Version 1 3 December 10 2008 Version

5 Endangered Species and Designated Critical Habitat (Corps Requirement)
5a Will this project occur in or near an area with federally protected species or
Yes ® No
habitat?
5b Have you checked with the USFWS concerning Endangered Species Act
❑ Yes ® No
Impacts?
5c If yes indicate the USFWS Field Office you have contacted
❑ Raleigh
❑ Asheville
5d What data sources did you use to determine whether your site would Impact Endangered Species or Designated Critical
Habitat?
www saw usace army milMETLANDS /esa
6 Essential Fish Habitat (Corps Requirement)
6a Will this project occur in or near an area designated as essential fish habitats
❑ Yes ® No
6b What data sources did you use to determine whether your site would impact Essential Fish Habitat?
http / /ocean floridamanne org /efh_coral /ims /viewer htm
7 Historic or Prehistoric Cultural Resources (Corps Requirement)
7a Will this project occur in or near an area that the state federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes ® No
status (e g National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b What data sources did you use to determine whether your site would impact historic or archeological resources?
Used mapping tool found at www hpo dcr state nc us
8 Flood Zone Designation (Corps Requirement)
8a Will this project occur in a FEMA designated 100 year floodplain?
® Yes ❑ No
8b If yes explain how project meets FEMA requirements
8c What source(s) did you use to make the floodplain determination?
G`at't,� (\ 0-vSt)Qk+
Applicant/Agent s Printed Name
Date
plicant/Agent s Signature
(Agents signature is valid only if an authorization letter from the applicant
is rovided
Page 11 of 11
PCN Form — Version 1 3 December 10 2008 Version

Attachment 1. Vicinity map for the proposed location of the temporary
utility line for water withdrawal from the French Broad River.
M= -5.929
r= -0.902
It 49-
"T
land'
Permanent Water
Intake Structure
6-4 0 E 1.2
USGS Skyland (NC) Quadrangle
1:24K/25K 1:100,000
i.s 2 Mi
PWM WNY

Attachment 2. Site pn an map for the proposed location of the temporary
utility Une for water withdrawal from the French Broad River.
If
1
o Asheville Steam
0 0.0s 0.18 0.27 0.36 0.45 mi
USGS Skyland (NC) Quadrangle
1:24K/25K 1:25,000
M= -5.929
1111 9[ it i
Al
r
1
40r,j
Progress Energy

r
I
� b
iF
�r
s
I

U S ARMY CORPS OF ENGINEERS ® E C El M
WILMINGTON DISTR TCT
Action ID 2007 04111 County Buncomb FEB j 2008
GENERAL PERMIT (REGIONAL AND NATIONWIDE)
Properly Owner / Authorized Agent Carolina Power and Light Co d/b /a Progress Energy Carolinas
Attnt Mr, Garry Whisnant
Address 200 CP &L Drive
Arden, NC 28704
Telephoner No [phone]
Size and location of property (water body road name /number town etc ) The protect is located at the
Asheville Steam Electric Plant on CP &L Drive in Arden Buncombe County North Carolina
Coordinates for the site Me 35 4735 north and 82 5539 west
Description of projects area and activity The gernil tee is authorized to temporarily extend the reach
of the existing intake pumas during droaght/low flow conditions This flexible line will be 12- inches
In diameter and will extend no more than 20 feet from the bank Into the river at the location of the
existing pump intake structure Two diesel driven Dumps will not be Uls }tied In waters of the U S %
they will be placed adiacent to the existing intake pumps in the uplands The maximum withdrawal
ratee of the temporary Pumps will be 10,000 enm, The end of the line will be secured by weights and
will be covered with a mesh screen (mesh size approximately 1 cm) In order to reduce Impacts to
fish and deter debris from entering the line
Applicable Law ® Section 404 (Clean Water Act 33 USC 1344)
® Section 10 (Rivers and Harbors Act 33 USC 403)
Authorization Regional General Permit Number
Nationwide Permit Number 12
Your work is authorized by the above referenced peimit provided it is accomplished in stuct amoidanwe with the
attached conditions the attached letter from the North Carolina Wildlife Resources Commission and your submitted
plans Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to
a stop work order a restoration order and/or appropriate legal action
This verification will remain valid until the expiration date identified below unless the nationwide authorization
is modified suspended or revoked If prior to the expiration date identified below the nationwide permit
authorization is reissued and/or modified this verification will remain valid until the expiration date identified
below provided it complies with all requirements of the modified nationwide permit if the nationwide permit
authorization expues of is suspended revoked vi is modified but li (hit( the activity would no longer comply with
the terms and conditions of the nationwide permit activities which have commenced (i a are under construction) or
are under contract to commence in reliance upon the nationwide permit will remain authorized provided the activity
is completed within twelve months of the date of the nationwide permit s expiration modification or revocation
unless discretionary authority has been exercised on a case by case basis to modify suspend or revoke the
authorization
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality
Certification You should contact the NC Division of Water Quality (telephone [phone]) to detcmune
Se,.dion 401 iequuements
Por activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (CAMA) prior to beginning work you must contact the N C Division of Coastal Management
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other
required Federal State or local approvals /permits

If there are any questions regarding this verification any of the conditions of the Permit or the Corps of
Engineers regulatory program please contact Lon Beckwith at 828 271 7980
Corps Regulatory Official Lon Beckwith Date January 25.2008
Expiration Date of Verification January 25, 2010

It]
Determination of Jurisdiction
A ❑ Based on preliminary information there appear to be waters of the US including wetlands within the above
described project area This preliminary determination is not an appealable action under the Regulatory
Program Administrative Appeal Process ( Reference 33 CI'R Part 33 1)
B ® There are Navigable Waters of the United States within the above described project area subject to the
permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act
Unless there is a change in the law or our published regulations this determination may be relied upon for a
period not to exceed five years from the date of this notification
C ® There are waters of the US and/or wetlands within the above described project area subject to the permit
Mquiienients of Section 404 of the Clean Water Act (CWA)(33 USC § 1344) Unless there is a change in the
law or our published regulations this determination may be relied upon for a period not to exceed five years
from the date of this notification
D ❑ The, jurisdictional areas within the above described project area have been identified under a previous action
Please reference, jurisdictional determination issued_ Action ID
Basis of Jurisdictional Determination The stream channel/river on the property is the French Broad River The
French Broad River is a Section 10 water
Appeals Information (This information does not apply to preliminary determinations as indicated by paragraph A
above)
Attached to tins vei ific ation is an approved,junsdicnonal determination If you are not in agreement with that
approved ,jurisdictional determination you can make an administrative appeal under 33 CFR 331 Enclosed you will
find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form If you request to appeal
this determination you must submit a completed RFA form to the following address
District Engineer Wilmington Regulatory Program
Attn Lon Beckwith Project Manager
151 Patton Avenue Room 208
Asheville North Carolina 28801
In order for an RFA to be accepted by the Corps the Corps must deternime that it is complete that it meets the
criteria for appeal under 33 C.kR part 3315 and that it has been received by the Division Office within 60 days of
the date of the NAP Should you decide to submit an RTA form, it must be received at the above address within 60
days from the Issue Date below
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence •*
Corps Regulatory Official Lori Beckwith
Issue Date January 25, 2008 hxpiration Date Five years from Issue Date
SURVEY PLATS FIELD SKETCH WETLAND DELINEATION rORMS PROJECT PLANS ETC
MUST BE ATTACHED TO THE FILE COPY Or THIS FORM IF REQUIRED OR AVAILABLE
Copy Furnished
The Wilmington District is committed to providing the highest level of support to the public To help us ensure we
continue to do so please visit hltp Hregulatory usacesurvey com/ to complete the survey online

Permit Number 2007 0411 l
Permit Type N W 12
Name of County Buncombe
Name of Permittee Carolina Power and Light Co d/b /a Progress Energy Carolinas
Attn Mr Garry Whisnant
Date of Issuance January 25 2008
Project Manager Lori Beckwith
Upon completion of the activity authorized by this permit and any mitigation required by the
permit sign this certification and return it to the following address
U S Army Corps of Engineers
Attention CLSAW RG A
151 Patton Avenue, Room 208
Asheville, North Carolina 28801 5006
Please note that your permitted activity is subject to a compliance inspection by an U S Army
Corps of Engineers representative If you fail to comply with this permit you are subject to
permit suspension, modification or revocation
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terns and conditions of the said permit and required mitigation was
completed in accordance with the permit conditions
Signature of Permittee Date

NO PIFICATION OF ADMINISTRATWE APPEAL OPTIONS AND PROCESSAND
REQUEST FOR APPEAL
Applicant Carolina Power and Light Co
File Number 2007-04111
Date January 25, 2008
d/b /a Progress Energy Carolinas, Attn Mr
Garry Whisnant
Attached
is
See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of
A
emussion)
PROFFERED PERMIT Standard Permit or Letter of ermission
B
PERMIT DENIAL
C
X
I APPROVED JURISDICTIONAL DETERMINATION
D
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTI0N I - The followmg iclttiufies your nglita and options re C "twig an atimmotrative~ appeal of the above
Aw /ice, or
de¢iaan. Addttacuaa% fin'Wmation, way be found at / ;—w/ge
Cor
ps ons at 33 CFA hn 331
A INITIAL PROFFERED PERMIT You may accept or object to the permit
o ACCEPT If you received a Standard Permit you may sign the permit document and return it to the district engineer for final
authorization if you received a Letter of Permission (LOP) you may accept the LOP and your work is authorized Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit to its entirety and waive all rights to appeal the
pernut including its terms and conditions and approved juiisdictianal deteurunatiunb uh4m iated with the permit
o OBJECT If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly You must complete Section I1 of this form and return the form to the district engineer Your
objections must be received by the district engineer within 60 days of the date of this notice or you will forfeit your right to appeal
the pernut in the future Upon receipt of your letter the district engineer will evaluate your objections and inay (a) modify the
permit to address all of your concerns (b) modify the pernut to address some of your objections or (c) not modify the permit
having determined that the pernut should be issued as previously written After evaluating your objections the district engineer
will send you a proffered permit for your reconsideration as indicated in Section B below
B PROFFERED PERMIT You may accept or appeal the pertnit
• ACCEPT If you received a Standard Permit you may sign the permit document and return it to the district engineer for final
authorization If you received a Letter of Permission (LOP) you may accept the LOP and your work is authnrized Your signattre
on the Standard Permit or acceptance of the LOP means that you accept the pernut in its entirety and waive all nghts to appeal the
permit, including its terms and conditions and approved jurisdictional determinations associated with the permit
• APPFAT if you choose to decline the proffered pernut (Standard or LOP) because of certain terms and conditions therein you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form
and sending the form to the division engineer This form must be received by the division engineer within 60 days of the date of
this notice
C PERMIT DENIAL You may appeal the dental of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section lI of this form and sending the form to the division engineer This form must be received by the division engineer
within 60 days of the date of this notice
D APPROVED JURISDICTIONAL DETERMINATION You may accept or appeal the approved JD or
provide new information
• ACCEPT You do not need to notify the Corps to accept an approved JD Failure to notify the Corps within 60 days of the date of
this notice means that you accept the approved TD in it¢ entirety and waive all rights to appeal the approved JD
• APPEAL If you disagree with the approved JD you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer This form must be received by
the division engineer within 60 days of the date of this notice

E PRELIMINARY JURISDICTIONAL DETERMINATION You do not need to respond to the Corps
regarding the preliminary JD The Preliminary JD is not appealable If you wish you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction Also you may provide new
information for further consideration by the Corps to reevaluate the JD
SECTION II REQUEST FOR APPEAL or OBJECTIONS TO AN INMAL7ROFFERBI7 PBRMIT
REASONS FOR APPEAL OR OBJECTIONS (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record )
ADDITIONAL INFORMATION The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record Neither the appellant nor the Corps
may add new information or analyses to the record However, you may provide additional information to clarify
the location of information that is already in the administrative record
POINT OF CONTACT FOR QUESTIONS OR INFORMATION
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process
appeal process you may contact
you may also contact
Lon Beckwith Project Manager
Mr Michael F Bell
USACE Asheville Regulatory Field Office
Administrative Appeal Review Officer
151 Patton Ave, Room 208
CESAD ET CO R
Asheville NC 28806
U S Army Corps of Engineers South Atlantic Division
828 271 7980
60 Forsyth Street Room 9M15
Atlanta, Georgia 30303 8801
RIGHT OF ENTRY Your signature below grants the right of entry to Corry of Fngineers personnel and any
government consultants to conduct investigations of the project site during the course of the appeal process You
will be provided a 15 day notice of any site investigation and will have the opportunity to participate in all site
myestigations
LSt
Date
Telephone number
atiire of appellant or agent
For appeals on Initial Proffered Permits and approved Jurisdictional Determinations send
this form to
District Engineer, Wilmington Regulatory Division, Attn Lori Beckwith, Project Manager,
Asheville Regulatory Field Office, 151 Patton Avenue, Room 208, Asheville, NC 28801
For Permit denials and Proffered Permits send this form to
Division Engineer, Commander, U S Army Engineer Division, South Atlantic, Attu Mr
Mike Bell, Administrative Appeal Officer, CESAD -ET CO -R, 60 Forsyth Street, Room
9M15, Atlanta, Georgia 30303 8801

•
Attachment 1 Vicinity map for the proposed location of the temporary
utility line for water withdrawal from the French Broad River
gMli
gipi�oiA�k ' ( trr
.. ' ' _ ,."' "� t i�� �Y M = -5 929
i
t d Permanent Water
Intake Structure
A 11 -;: �, f-
t
t a'
Z
2
p o4 12 1.6 2 rt
USGS Skyland (NC) Quadrangle
1 24KI25K 1 100,000
r
i
t
Progress Energy

Attachment 2 Site plan map for the proposed location of the temporary
utility line for water withdrawal from the French Broad River
1
0 0 OQ 018 027 0 36 0 45 mi
USGS Skyland (NC) Quadrangle
1 24Kl25K 126,000
M = -S 929
1+- A P1 ft
P►oJress Enemy

® North Carolina Wildlife Resources Commission
December 14, 2007
Ms Loretta Beckwith
U S Army Corps of Engineers Regulatory Branch
151 Patton Avenue Room 208
Asheville, North Carolina 28801 5006
SUBJECT Carolina Power & Light Company Progress Energy Carolinas Nationwide 12 Permit
Application
Temporary utility ]me water intake — French Broad River
Buncombe County
Dear Ms Beckwith
Mr Gary Whisnant of Carolina Power & Light Company, Progress Energy Carolinas requested a letter of
concurrence from the North Carolina Wildlife Resources Commission (Commission) for a 404 Permit
from the U S Army Corps of Engmeers (ACOE) Comments from the Commission are provided under
provisions of the Clean Water Act of 1977 (33 U S C 466 et seq ) and the Fish and Wildlife
Coordination Act (48 Stat 401 as amended, 16 U S C 661 -6674)
The project involves placement of a temporary water intake pipe in the French Broad River at the existing
intake for the Asheville Steam Plant The structure would be used intermittently for make up water should
the river stage fall below the critical level for the permanent intake A screen with 1 em openings will be
attached to help exclude fish and debris
The project should not harm trout
The Commission can concur with the permit for this project if the intake is constructed and operated as
described in the application
Thank you for the opportunity to review and comment on this project Pending availability of field staff
the Commission may inspect the work site during or after construction If there are any questions
regarding these comments please contact me at [phone] extension 24
Sincerely
'; 1
Dave McHenry
Mountain Region Coordinator Habitat Conservation Program
cc Mr Gary Whisnant Carolina Power & Light Company Progress Energy Carolinas
Mailing Address Division of inland Fiaheriee 1721 Marl Service Center Raleigh NC 27699 1721
Telephone [phone] Fax [phone]