HomeMy WebLinkAbout20120615 Ver 3_USACE Permit_20210722ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE. (33 CFR 325 (Appendix A))
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DEPARTMENT OF THE ARMY PERMIT
Permittee DUKE ENERGY – MAYO PLANT – LINED RETENTION BASIN AND ASH
BASIN LANDFILL; ATTN: MS. LORI TOLLIE
Permit No. SAW-2011-00181
Issuing Office CESAW-RG-R
NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any
future transferee. The term "this office" refers to the appropriate district or division office of the
Corps of Engineers having jurisdiction over the permitted activity or the appropriate official of that
office acting under the authority of the commanding officer.
You are authorized to perform work in accordance with the terms and conditions specified below.
Project Description: The project involves grading and site preparation associated with the
previously constructed lined retention basin and the proposed construction of the ash
basin landfill, borrow areas, and associated access road. The project involves the
permanent discharge of dredged or fill material into, and associated permanent loss of,
1,273 linear feet of stream channel and 1.94 acres of riparian wetlands.
Project Location: The project area is located on approximately 425 acres of an approximately
2,900-acre parcel at the Duke Energy Mayo Plant. Specifically, the project area is located
at 10660 Boston Road, situated southeast of the intersection of US Highway 501 (Boston
Road) and State Road 1501 (Mayo Lake Road), north of Roxboro, in Person County, North
Carolina.
Permit Conditions:
General Conditions:
1. The time limit for completing the work authorized ends on December 31, 2029. If you find that
you need more time to complete the authorized activity, submit your request for a time extension
to this office for consideration at least one month before the above date is reached.
2. You must maintain the activity authorized by this permit in good condition and in conformance
with the terms and conditions of this permit. You are not relieved of this requirement if you
abandon the permitted activity, although you may make a good faith transfer to a third party in
compliance with General Condition 4 below. Should you wish to cease to maintain the authorized
activity or should you desire to abandon it without a good faith transfer, you must obtain a
modification of this permit from this office, which may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while accomplishing
the activity authorized by this permit, you must immediately notify this office of what you have
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found. We will initiate the Federal and state coordination required to determine if the remains
warrant a recovery effort or if the site is eligible for listing in the National Register of Historic
Places.
4. If you sell the property associated with this permit, you must obtain the signature of the new
owner in the space provided and forward a copy of the permit to this office to validate the
transfer of this authorization.
5. If a conditioned water quality certification has been issued for your project, you must comply
with the conditions specified in the certification as special conditions to this permit. For your
convenience, a copy of the certification is attached if it contains such conditions.
6. You must allow representatives from this office to inspect the authorized activity at any time
deemed necessary to ensure that it is being or has been accomplished in accordance with the
terms and conditions of your permit,
Special Conditions:
SEE ATTACHED SPECIAL CONDITIONS
Further Information:
1. Congressional Authorities: You have been authorized to undertake the activity described
above pursuant to:
( ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
( X ) Section 404 of the Clean Water Act (33 U.S.C. 1344).
( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33
U.S.C. 1413).
2. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, state, or local
authorizations required by law.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal project.
3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume
any liability for the following:
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a. Damages to the permitted project or uses thereof as a result of other permitted or
unpermitted activities or from natural causes.
b. Damages to the permitted project or uses thereof as a result of current or future activities
undertaken by or on behalf
of the United States in the public interest.
c. Damages to persons, property, or to other permitted or unpermitted activities or structures
caused by the activity
authorized by this permit.
d. Design or construction deficiencies associated with the permitted work.
e. Damage claims associated with any future modification, suspension, or revocation of this
permit.
4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is
not contrary to the public interest was made in reliance on the information you provided.
5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any
time the circumstances warrant. Circumstances that could require a reevaluation include, but are
not limited to, the following:
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to have been
false, incomplete, or inaccurate (See 4 above).
c. Significant new information surfaces which this office did not consider in reaching the
original public interest decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension,
modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures
such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures
provide for the issuance of an administrative order requiring you to comply with the terms and
conditions of your permit and for the initiation of legal action where appropriate. You will be
required to pay for any corrective measures ordered by this office, and if you fail to comply with
such directive, this office may in certain situations (such as those specified in 33 CFR 209.170)
accomplish the corrective measures by contract or otherwise and bill you for the cost.
6. Extensions. General condition 1 establishes a time limit for the completion of the activity
authorized by this permit, Unless there are circumstances requiring either a prompt completion of
the authorized activity or a reevaluation of the public interest decision, the Corps will normally give
favorable consideration to a request for an extension of this time limit.
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Your signature below, as permittee, indicates that you accept and agree to comply with the terms
and conditions of this permit.
_________________________________________________________________
(PERMITTEE) ATTN: DUKE POWER – MAYO PLANT (DATE)
MS. LORI TOLLIE
_________________________________________________________________
This permit becomes effective when the Federal official, designated to act for the Secretary of the
Army, has signed below.
_____________________________________________________21 July 2021_____
(DISTRICT COMMANDER) BENJAMIN A. BENNETT, COLONEL (DATE)
When the structures or work authorized by this permit are still in existence at the time the property
is transferred, the terms and conditions of this permit will continue to be binding on the new
owner(s) of the property. To validate the transfer of this permit and the associated liabilities
associated with compliance with its terms and conditions, have the transferee sign and date
below.
_________________________________________________________________
(TRANSFEREE) (DATE)
7/20/2021
for