20200402 Ver 2_SAW-2021-00226 NWP-12_20210401

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT

Action Id. SAW-2021-00226 County: Brunswick County U.S.G.S. Quad: Funston

GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION

Permittee: Aaron Weldon
Duke Energy

Address: 4720 Piedmont Row Drive
Charlotte NC, 28210

Telephone Number: [phone]

E-mail Address: [e-mail]

Size (acres) 94 acres Nearest Town Winnabow, NC
Nearest Waterway Dews Creek River Basin Cape Fear
USGS HUC 03030005 Coordinates Latitude: 34.10861
Longitude: -78.03858

Location description: The transmission line originates at a station site west of Mt. Misery Road NE, Leland, Brunswick
County, NC (34.281303, -78.053152) the line then runs south for 28 miles, ending on the east side of the ADM facility in
Southport, NC. (33.938997, -77.991502).

Description of projects area and activity: This project will use a NWP 12 to widen the existing 20’ easement an additional 30’
for a new easement width of 50’. The easement was originally permitted in 1992 under SAW-1992-01128. Mitigation is
required to offset the permanent conversion of 5.653 acres of Forested Wetlands to Emergent Wetlands, credits will be
purchased at a 1:1 ratio at the Lower Cape Fear Umbrella Mitigation Bank. (LCFUMB).

Applicable Law: Section 404 (Clean Water Act, 33 USC 1344)
Section 10 (Rivers and Harbors Act, 33 USC 403)

Authorization: Regional General Permit Number and/or Nationwide Permit Number: 12 (Transmission Line)
SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND/OR SPECIAL CONDITIONS

Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted application and attached information dated March 23, 2021 Any violation of the attached
conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class
I administrative penalty, and/or appropriate legal action.

This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit
authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional
general 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 and/or regional general permit
authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and
conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to
commence in reliance upon the nationwide and/or regional general permit, will remain authorized provided the activity is completed
within twelve months of the date of the nationwide and/or regional general 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 Resources (telephone [phone]) to determine Section 401 requirements.

For 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 in Wilmington, NC.

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.
SAW-2021-00226

If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Gary Beecher at [phone] or [e-mail].

Corps Regulatory Official: __________________________________________ Date: March 23, 2021
Expiration Date of Verification: March 22, 2026
A. Determination of Jurisdiction:

1. There are waters, including wetlands, on the above described project area that may be subject to Section 404 of the
Clean Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This
preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
(Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting
the Corps district for further instruction. Please note, if work is authorized by either a general or nationwide permit,
and you wish to request an appeal of an approved JD, the appeal must be received by the Corps and the appeal process
concluded prior to the commencement of any work in waters of the United States and prior to any work that could alter
the hydrology of waters of the United States.

2. 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 (RHA) (33 USC § 403) and 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.

3. There are waters, including wetlands, within the above described project area that are subject to the permit requirements 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.

4. A jurisdiction determination was not completed with this request. Therefore, this is not an appealable action. However, you
may request an approved JD, which is an appealable action, by contacting the Corps for further instruction.

5. The aquatic resources within the above described project area have been identified under a previous action. Please
reference the approved jurisdictional determination issued 1992. Action ID: SAW-1992-01128.

B. Basis For Jurisdictional Determination: An approved JD was not issued with this permit.

C. Remarks: A pre-application and scoping meeting for this project took place on August 12, 2020. Agencies in attendance
included: USACE, NCDWR, NCDMLR, CAMA & consultants from S&ME.

D. Attention USDA Program Participants

This delineation/determination has been conducted to identify the limits of Corps’ Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.

E. Appeals Information for Approved Jurisdiction Determinations (as indicated in A2 and A3 above).

If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 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:

US Army Corps of Engineers
South Atlantic Division
Attn: Philip Shannin, Appeal Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801
Phone: [phone]

SAW-2021-00226
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, 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 RFA form, it must be received at the above address by N/A.
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: ______________________________________________________
Gary Beecher

Date of JD: March 23, 2021 Expiration Date of JD: PJD Does not expire

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 complete our Customer Satisfaction Survey, located online at
http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0.

Copy furnished via e-mail to:

Consultant:

Joey Lawler
S&ME, Inc.
2016 Ayrsley Town Blvd, Suite 2-A
Charlotte NC, 28273
[phone]
[e-mail]

SAW-2021-00226
SPECIAL CONDITIONS
1.401 Water Quality Certification: If a 401 Water Quality Certification from the North Carolina
Division of Water Resources is required, then the permittee shall provide the Corps with a copy of
the required certification or waiver of certification from the state prior to proceeding with the
work in waters of the U.S. The permittee shall comply with all conditions of the state
certification.
2.Erosion Control: The permittee shall employ all sedimentation and erosion control measures
necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside
the permit area. This shall include, but is not limited to, the immediate installation of silt fencing
or similar appropriate devices around all areas subject to soil disturbance or the movement of
earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must
remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973
(North Carolina General Statutes Chapter 113A Article 4).
3.Work Limits: All work authorized by this permit shall be performed in strict compliance with the
attached permit plans dated March 23, 2021 which are a part of this permit. The Permittee shall
ensure that the construction design plans for this project do not deviate from the permit plans
attached to this authorization. Any modification to the attached permit plans must be approved by
the U.S. Army Corps of Engineers (Corps) prior to any active construction in waters or wetlands.
4.Temporary Impacts Restoration Measures: Within thirty (30) days of the date of completing the
authorized work, the Permittee shall remove all temporary fills in waters of the United States and
restore the affected areas to pre-construction contours and elevations. The affected areas shall be
re-vegetated with native, non-invasive vegetation as necessary to minimize erosion and ensure
site stability. Follow the proposed Restoration Plan that was submitted with this application.
5. Mitigation: In order to compensate for impacts associated with this permit, mitigation shall be
provided in accordance with the provisions outlined on the most recent version of the attached
Compensatory Mitigation Responsibility Transfer Form. The requirements of this form, including
any special conditions listed on the form, are hereby incorporated as special conditions of this
permit authorization.

Action ID Number: SAW-2021-00226 County: Brunswick County

Permittee: Aaron Weldon
Duke Energy

Project Name: PNG Line 99 Easement Acquisition Project

Date Verification Issued: March 23, 2021

Project Manager: Gary Beecher

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:

US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: Gary Beecher

Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.

I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.

_______________________________________ ______________________
Signature of Permittee Date