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HomeMy WebLinkAbout20120339 Ver 2_03-03-22 USACOE SAW-2007-04111 NW12 renewal_20220303No March 3, 2022 File No.: 12520N/ ENV-30-32 Mr. William Elliott, Regional Specialist Asheville Regulatory Field Office US, Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, NC 28801-5006 FedEx tracking: 776195033270 Mr, Rick Trone 401 Certification/ Buffer Coordinator NC Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 FedEx tracking: 776195091126 Subject Renewal / ReiSSUance of NW 12 (SAW-2007-041 11) French Broad River - Temporary Water Intake Line Asheville Stearn Electric Plant Buncombe County Dear Mr. Elliot and Mr. Trone: Keith Douthit Plant GeneraManageM Asheville Combined Cycle Slabc)rr Duke Energy Progress ASVL PL T 146 Duke, Energy Lane Arden, NC 28704 a 828-650.0620 f 828-650,0701 koilt).dotathit@duke-eiiorgy.corn Duke Energy Progress requests a Section 10 authorization under the Nationwide Permit program (NWP 12) to place a temporary utility line in the French Broad Rivet'. 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 but is set to expire March 18, 2022. Based on the specific details of this, proposal, it is our understanding that written concurrence frown 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 Stearn 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 Rivet- falls below the level required for the permanent intake Structure pumps to withdraw water. The intake line will be extended no further than 29 feet away from the riverbank 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. Because operation of the Asheville Stearn Electric Plant during all conditions is critical to Duke Energy Progress' obligation to ensure adequate electric generation to the: community, we would appreciate your review of this request as expeditiously as possible. Further, as Duke Energy Progress 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. Doti Safi -it at (919) 546-6146 at- Ms. Teresa Williams at (828) 650-06 10. Sincerely, Keith Douthit Asheville Plant General Manager Attachments Copy of electronic submittal of Pre -Construction Notification (PCN) Form I — Vicinity Map for Drought Contingency Plan Temporary Water Line 2 — Site Plan Map for Drought Contingency Plan Temporary Water Line 3 — Photograph of Existing Permanent Water Intake Structure 4 —NW 12 SAW-2007-041 I I General Permit Verification (May 9, 2017) m Mr. Justin McVey, District 9 Biologist, NC Wildlife Resources Commission (via email) OR Pre-Con:struction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) December 6, 2021 Ver 4.2 Please note,, fields markad with a red asterisk * below are required. You will not be able to submit the form until all mandatory questions are answered. Also, if at any point you wish to print a copy of the EPCN, all you need to do is right -click on the document and you can print a copy of the form. Below is a link to the online help file. https://edocs.deq.nc.govPvVaterRe$OLstCes/o/edoe/6247G4/PCN%2OHelp%201F!le`/*202018-1-30,pdf (httpsliedocs.deq.no.gov/WaterResourcesIO/doc/603610/Pagel.aspx) A. Processing Inforrnatilort County (or Counties) where the project is locati Buncombe Add additional county Is this a NCOM S Project () Yes 00 No Click Yes, only if NIMMS is the a ppiicant or co -a ppl1r;aill Is this project a public transportation proi 0 Yes * No This is any pub I cty N if ickxl by inA i6nipd,state or fadev all hind's is aid, rain a! I pog I Winspartation praaadt I a, Type(s) of approval sought from the Corps: * M Section 404 Permit (wetlands, streams, and waters, Clean Water Act) 0 Section 10 Permit (navigable waters, tidal waters,. Rivers and Harbors Act) Has this PCN previously been submitted?* (rr ) yea (4) No 1b. What type(s) of permits) do you wish to seek authorization? C2 Nationwide Permit (NWP) (wI Regional General Permit (RG P) F-) Standard (IP) I c. Has the NWP or GP number been verified by the Corps? * Yes 0 No Nationwide Permit (li Number: 12 - UUM:y, Lines V Add additiona0 NM NWP Numbers (for multi to NWPS)t 1-1SA a NW numabinin, yM,l arp x,ipplyjng fort nrlt on thie drop &,wn I W I d. Tyll of approval sought from the Dl check M thiii apply JwJ 401 Water Quality Certification - Regular 0 Non-404 Jurisdictional General Permit r .] Individual 401 Water Quality Certification I a. Is this notification solely for the record because written approval Is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: 1f. Is this an after -the -fact permit application? * 0 Yes (0) No 401 Water Quality Certification - Express Rilparlan Buffer Authorization A Ow Yes 0 No 0 Ye s Co) N o 1g. Is payment Into al mitigation bank or In -lieu fee program proposed for mitigation of impacts? If se, lakilaciii tlie arcepuince I eirw fi(�nn nill bank ov I11-1100 fee J)Mgra rill C) Yes (9) No Acceptance Letter Attachment Click the upland bul u drag and dfop files We V) la&ichi dol F. Ili Ir YPF MUS I BF PDF I h. Is the project located In any of NG's twenty coastal counties? 0 Yes ( No lj. Is the project located In a designated trout watershed? 0 Yes CO) No Unk to trout information http://www.saw.usace.army.mil/Mssions/Regulatory-Permit-PrografnIAgency-CoordinabonrTrout.aspx (http://www.saw,usace.army.niii/Missions/Regulatory- Permit-Program/Agency-Coordinatl`ronrTrout,aspx) B. Applicant Information I a. Who Is the Primary Contact? Don Safrit I b. Primary Contact Emah. * don.safrit@duke-energy.corr 1 d. Who is applying for the permit?'* V2 Owner li,heck ad thM zappiy) le. Is thiere an Age nt/Con a ultant for this prol 0 Yes 0 No 2. Owner Information 2a. Name(s) on recorded deed: * Duke Energy Progress, LLC (YXx)Xxx �X (919)586-6146 E) Applicant (other than owner) 2b. Deed book and page no.: Deed Book 5874 Page 0 191 Zc. Contact Persow afar Corpairahorrs) Keith Douthit, Asheville Plant General Manager 2d. Address,* Street Addrwm� 46 Duke Energy Lane Address L ne I cty Arden Postal I Z�p Code 28704 2e. ToWphono Number: is Y.X)xxy.-Xxxm (828)650-0620 2f, Fax Nuimber: (XXX)XXX-XXX:X 2T maft Addrosw Keith. Douthit@duke-energy.com Arld anoVrer owner State Y Province I Regian NC Coulphy USA C. F'roject Infornia-floin and Prior lProject Histor'y 1. Project Information I a. Namo of project: A 1b. Subdivision name: (P a Dpyopp*e) NA 1c. Nearest municipality I toww Arden 2. Project Identification, 2a. Property Identification Numben 2b. Property size: itay' F"Hq or parcel ID) (Iqr acre%) 964465189500000 622.69 2c. Project Address Stieet Addyes, 46 Duke Energy Lane Address Lirie 2 Ory Arden Pa�stal f Z,p Cade 28704 stito ; pravmcxr f RaGion NC Counhy USA 2d, Site coordinates In, decimal degrees Please collect site coordinates in decimal degrees. Use between 4-6 digits (unless you are using a survey -grade GPS device) after the decimal place as appropriate, based! on how the location was determined. (For example, most mobile phones with GPS provide localJonal precision in decimal degrees to map coordinates to 5 or 6 digits after the decimal piaGe.) Latitude: * Longitude: * 35.47358 -82.55393 ex 34 208504 -77 796371 3. Surface Waters 3a. Name of the nearest body of water to proposed project: French Broad River 3b. Water Resources Classification of nearest receiving water: Class B Surface Water Lookup (https:flncdenr.maps.arcgis comlapps/webappviewer/index.html?id=6ei25ad7628f494694e259c8Odd64265) X What river basin(s) Is your project located in?* French Broad Add another river basin 3d. Please provide the 12-dIgit HUC In which the project Is located.* 060101050704 River Basin Lookup (http://ncdenr.maps.arcgis.com/apps/Publicinforination/index,htmi?appid=ad3a85aOc6d644aob97cdo69db239,ac3) 4. Project Description and History 4a. 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. 4b. Have Corps permits or DWR caffifications been obtained for this, project (including all prior phases) in the past? 0 Yes 0 No 0 Unknown If yes, please give the DWR Certification number or the Corps Action I D (exp. SAW-0000-00000). SA1N-2007-041 11 ,4f. List the total estimated acreage of all existing wetlands on, the property: Unknown 4g. List the total estimated linear feet of all existing streams on this property: i i nte ir n ii Ifte f, t and pe re n n ia Unknown 4h. Explain the purpose of the proposed project: * The Asheville Steam Electric Plant cooling take level must be maintained to ensure electric generation capacity. During low flow conditions in the river, the water level may be, beiow 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. 41. Describe the overall project In detall, including indirect impacts and 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 drought periods. A 12-inch diameter flexible line will be extended no more than 29 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. 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 bluffer or to wetlands nor will there be any land disturbance. There will be no discharge of any sediment or similar material into the French Broad River from this activity. Sa. Have the wetlands or streams been delineated on the property or proposed impact areas? * * Yes 0 No Comments: JID received with last NW12 permit reverification for this site. 5b. If the Corps made ajurisdictlonal determination, what type of determination was imade?* C) Preliminary @) Approved 0 NotVerified (,") Unknown (,) N/A Corps AID Number: Emnple SAW-2017-0qll,1194 SAW-2007-041 11 5c. If 5a is yes, who delineated the, jurisdictional areas? Name (if known): Agency/Consultant Company: (,') Unknown 5d, List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR, 6. Future Project Plans 6a. Is this a phased project?* 0 Yes (0 No Areany other NWP(s), regional general pe rmil or I nd ividu all permits(s) used, or I nte ndedl to be used, to authorize any part of the proposed project or related activity? This includes other separate and distant crossing for linear projects that require Department of the Army authorization but don't require pre -construction notification. D.. Proposed Irnpacts Inventory 1. Impacts Summary I ai. Where are the Impacts associated with your project? (check all that appift C.- C) Wetlands 0 Streams -tributaries Buffers Open Waters 0 Pond Construction 1E limpact Justification and Mitigation iw-.=# MIT-7, "WE Ia. Specifically describe measures taken to avoid or minimize the proposed Impacts Indesigning the projacb* 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 our into the river no more than 29 feet. A screen (mesh size approximately 1 cm) installed on the end of Ile. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: * There will be no construction or land disturbing activities associated with the installation of this temporary utility line. 2. Compensatory Mitigation for Impacts to Waters of the Ul.,S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? 0 Yes 10), No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: Temporary intake wouilid'onlly be deployed cluding drought conditions., Intake would be weightedand only stream interface would be with 12-inch flexible intake pipe. NC Stream Temperature ClassiflGallon Maps can be found under the Mitigatlon Concepts tab on the Wilmington DislocVs RIBITS (htos:i/ribits.usace,army,mil/ribits_apex/f? 1p=107:27:2734709611497::NO:RP:P27—BUTTON:—KEY:O) website Stormwater Management and Ditffus,e Flow Plan (required by DWR) — Recent changes to the stormwater rules have required updates to this section — I. Diffuse Flow Plan la. Does the project Include or Is it adjacent to protected riparian buffers Identified within one of the NC Riparian Buffer Protection Rules? 0 Yes () No For a list of options to rneet the diffuse flow requirements, click here (https://files.nc.gov/ncdeq=ater�/�2DQuafity/Surface*/�2OWater�/�2OProtection]401/Buffer`/`20CIarificatoon`/`20M!emos/Options`/`20for`/`2OMeeting%2ODifftise�/m20FIow�/2OProvisions`/`20< If no, explain why! Temporary 12-inch intake would only be deployed during drought conditions. No impacts to riparian buffers anticipated, 2. Stormwater Management Plan 2a. Is, this a NCDOT project subject to compliance with NCDOT's Individual NPIDES permit NCS0002507* 0 Yes (9) No 2b. Does this project meet the requirements for low density projects as defined in 115A NCAC 02H .1003(2)7* CO) Yes 0 No To look up iow density requirement dick here 15A NCAC 02H .1003(2) (http://reports.oah.state.nc.uslncac/title`/`2015a`/`20-`/"20environmental*/`2OqLjality/chapter`/`2002`/`20- %20environmentai%20management/subr-hapter`/a2Ohll5a`/`20nc,aG`/`2002h`/*20.1003.pdo. Comments: No additional built -upon area involved; temporary 12-'inch intake would only be deployed during drought Conditions. G. Supplementary Information 1. Environmental Documentation Ia. Does the project Involve an expenditure of public (federalistatellocal) funds or the use of public (federallstate) land? * 0 Yes @) No 2. Violations (DWR Requirement) 2a. Is the site In violation of DWR Water Quality Certification Rules (115A NCAC 2H .0500), isolated Wetland Rules, (15A NCAC 21-1 .1300), or DWR Surface water or Welland Standards or Riparian Buffer Rules (11 5A NCAC 2B AM)? 0 Yes 0 No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result In additional development, which could! Impact nearby downstream water quality? * 0 Yes * No 3b. If you answered "no," provide a short narrative description. Installation of temporary utility line, if necessary, will be in response to French Broad River drought conditions and the cooling needs associated with the Asheville Steam Electric Plant. ME= ill' =K1111A-M- =�I] 4a. Is sewage disposal required by DWR for this project?* 0 Yes 0 No 0 N/A 111M,11111-1111 I' I'll'' �� 71 Sa. Will this project occur In or near an area with federally protected species or habitat?* 0, Yes 09 No Sb. Have you checked with the USFWS concerning Endangered Species Act Impacts? 0 Yes (0) No 5d. Is another Federal agency involved? * 0 Yes C-6), No 0 Unknown So, Is this a DOT project located within Division's 1-8?* () Yes (0) No 5f. Will you cut any trees In order to conduct the work In waters of the U.S.?* 0 Yes (4) No 59. Does this project involve bridge maintenance or removall?'* 0 Yes 0 No Link to the NLEB SLOPES document. http://saw-rog.usace.army.milINLEB/1-30-17-sigiied_NLEB-SLOPES&opps.pdf (iittp://saw-reg.Lisace.artyiy.mil/NI-EB/1-30-17-signed, NLEB- SLOPES&apps.pdf]i Sh. Does this project Involve the construction/installation of a wind turbino(s)?** (.) Yes (0) No 51. Does this project Involve (1) blasting, andfor (2) other percussive activities that will be conducted by machines, such as, jackhammers, mechanized pile drivers, etc.? C) Yes (0) No 5j. What data sources did you use to determine whether your site would Innpact Endangered Species or Designated Critical Habitat? US Fish and Wildlife Service (USFWS) Critical Habitat Feature Server Website 6., Essential Fish Habitat (Corps Requirement) 6a, Will this, project occur In or near an area dies,ignated as an Essential Fish Habitat? 0 Yes (4) No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? * National Oceanic and Atmospheric Administration (NOAA) - Essential Fish Habitat Data Inventory & Habitat Areas of Particular Concern Websites Link to the State Historic Preservation Office Historic Properbes Map (does not indiode archaeological data: I 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 status (e,g, National Historic Trust designation or properties significant in North Carolina history and archaeology)? C) Yes @)� No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?'* NC Historic Preservation's Office HPOWEB 2.0 - General Audience Websi,te Link to the FEMA Floodplain Maps: http,s://mso.tema.gov/portaUsearch (https://Msc,fema.gov/portal/search) ga. Will this project occur In a IFEMA-designated 100-year floodplain? A) Yes 0 No 8b. If yes, explain how project moots FEMA requirements: Temporary intake would only be deployed during drought conditions and thus any flood conditions or concerns would not be a factor. Intake would be weighted and only stream interface would be with 12-inch flexible intake pipe. Be, What source(s) did you use to make the floodplain daterminaUon? FEMA Flood Map Service Center (msc.femia.gov) Mffm- I Attachments include: Cover Letter Vicinity Map Site Plan Map Photograph of Existing Water Intake Structure NW 12 SAW-2007-041 11 (May 9, 2017) Please use the space bMow to attach all required documentation or any additional information you fool is helpful for application review, Documents should be combined into one file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred. Ckk Om Liploid buifton op draO arW drop files here la MtElCh (Jse.wPliDni lqp�� He n,W he PDF or PAZ 0 By checking the box and signing below, i certify that: The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and 'rhe project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. I have given true, accurate, and complete information on this form; I agree that submission of this PC N form is a "transaction' subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act')};� 1 understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND I intend to electronical'iy sign and submit the PCN form. Full Name:* Keith Douthit Signature* S ...... . ... Date will be captured on form submission Esut',wn[t ] Save as Draft Attachment) Vicinity Map for Drought Contingency Plan Temporary Water Line Attachment 1. Vicinity map for the proposed location of the temporary utility line for water withdrawal from the French Broad River. rermaitem vvaver Intako, Mrin-Itirew. 1 , 2 L5 USGS Skyland (NC) Quadrangle 1:24K/25K 1:100,000 DUK"rNdE ENERGY, Attachment 2 Site Plan Map for Drought Contingency Plan Temporary Water Line Attachment 2., Site plan map for the proposed location of the temporary utility line for water withdrawal • the French Broad River. 8 0.27 n, 16 O�45 mi USGS Skyland, (NC) Quadrangle 1:2,4K/25K 1:25,000 DUKE ENERGY, A►ttahmnt 3 Photograph of Existing Permanent Water Intake Structure Attachment 3. Photograph of the permanent water intake structure for the Asheville Steam Electric at the (French, Broad River. DUKE ENERGY, Attachment 4 NW 12 SAW-200,7-041 11 General Permit Verification (May 9, 2017) U.S. ARMY CORPS OF" ENGINEERS Action Id, S 20101� „111County. ftgn r��r�„b l,J, a„(.m,S Quad: N-Skyla n G lu.«s. t .V.a .A 18 1 r>11IR", W (RE G A 'i .,AAND Np TO Ntl pJ) V B1 1 F ..ry l' 0, N i"er°nrritte,e: Carolina Power & 1 A it tarniLgr!Lifr, ijg , C ua�u�� ''arrrw Whisrnaant Address! tyrve rai&ir ,JNC 870 Telephone ftuarnnber„: Nearesi Town rrterr Nearest Waterway F_rre n�cl4WwBro d liven, River Basin French Broad lJyaGS 11t...JC:' 06010105 C: oordinaates l,aatiluadre. 35i ,$735 _._..__.._ Longitude: -82,5539 Location description: 1w1le 1lyr Otis lecwaCed at the Asheville Steam Electric tric Plant on C P L Drive in Arden, rn, Bunco.. .." County North t;"rartalin a„ Desc:,ription of projects area and <a0viiy This l�e irifleattra n authorizes the r r"rn ttel to ter p trJairrl� t�.aud the reach of the t istrll" igtakl.�. „� � " .,r m.� «. ..1-1 will be , rrrelncs ura c'lrarnelcr and ww ril extend rnrn m intdaiwe rrrri :r a dtitt r3l drerrr �hrt/lanww t'ichyy a."o nrmiirfion lei flexible fine � „�. ._�w ...��....�.._m irit eXiS location river at the locan of the t'irn jaur„lad"fir arke structure, The end oaf the Bette will be more e� feet from the bank to thri ° r r� .m�..��.d t will " . " red w kh aµscreern try red uce. . arrd deter~ dichris frfatrnweunteri,n V the lira. There wcira act „lard �wtyi �1rtw almmiltl will he stew �rl rfts to lisle will be no iinpact tc:a the ripar„bait buffer""ln aw"etiannds, nor any land rlistrarbarr ce, There will be no discharge into the Fre nich Broad River from this araat'ivity. inintirWatlate l aww(s)°, ^" "�3ec.tion -40:4 (C� learn Waiter, ct, 33 LJSC',' 13,14) w ectirarn 10 (Rivers and lliurhwrrris Act, 33 U SC 403) At.rthoriaaaatiuiru: NIV1 Yoor° wworh is authorized by tire above refcrw°awed per-mit provided it isa ccor°nplished in Strict a,cord araire Mfli the encicssol: Conditions, your application signed and daaNd 3/210/2017. Any sJolartionof the nttarched cacmditirrru.s or deviation from y"our mabrnnitted plans may snibyect the pc:ii°raait ce, to sa stop vvor"h c;rrder°, a restoration cur'derr, a Class i a.dininistrantive perariity, and/or rappropr•iarte legal action. All raaraaentsdronditintrtr anl`the attached North Carolina NVildlife Resolurces 1,01rrrrnniassirirr letter°claAlleci Npril 10,. 20,12 are hiereby incorporated as slrrwua:iaa,l conditions of tidy lner•rnnit, These rec.oin nnt:nd atirarns should be cio nsidered where practicable. ,,i his verification will r°ernnain vritid t.rniil the expiration (late identified below iardess the nationwide authorization is raura(lil"i d, suspended or revoked. 'if, prier to the axp4artion date identified below, the nationwide permit a aaathorizration is r issi.red and/or modified,Clni. verification wiih remain valid until the expiration date identified betow, prwAded it complies with aII reclrsi ernentsb o the mc)rlitied naticnnwilde pernlit" if tine patio nwvide permit acrth Orira do n expires or is sruSPcirnciNI, revariueci, or b modified, such that the activity would no ton, er c orn ly with the terms and c:riruditions of the nationwide p~urar'rnit, Wiwities which have rcotn mernced (i.e., are under corlst rr,tic n) or are under ccoraraact to, cornntn e nce in rc.lirancec upon the nationwide. permit, will remaa�i,n authorized provided the aicctivitY is completed +,vithhi twelve inorrt:hns of the data of the nwionwidcapermit's expiration, modification t:rr r`M)Catican" uuruieass di sccretioriary authority has been exercked on au c,a so -by -case basis to nncidil"y, sins ierid car- revoke the authorization, n, Activities subject to Section 404 (as indicated above), may also require an individunal Section 401 `t"wxarter Quality Certification. You hound contact ntact the NC Division al"Water Reu,OLI CS (telephone 19-807-6300) to tieterTnine Secdon 401 requuirenwrnts. For activities occurring wvith in the twwonty coastal r,.croanrnries subject to regulation under the Coastal Area Management Ac( (Cyes A), prior~ to beginning work you must contact the KC,", Division, of"Coastal Management Morcheaad City, fit:,, at (252) 810-2lltitl. Ibis Dupavtment of the Anny verification does, not T-cfieve Ow Pernlittee of the re.sponsNlity Lo obtain anv other required Fcdcral, State or local ;.yfiravals pernflis Ifthere arc any questions regarding this verification, any of the conditions (if the Permilt, or the Corps of 1"nghwers rcgiulaory progrant, please conum William; Elliott at 828 271 -7980 ext �4224 or willia"ma. lhotl(i, ., asa annvanil. .. ... . ..... . ...... . . ..... . ........ mlm COIJIS R,CgLflatory Officid: Williain 1"Illion Datie:m.5/19/2017 Expinadan Date Of, VCHI ication: 3/18�/2022 copy to Action ID Number: SAW-2007-041 11,1 Cotint Buncombe Permittee: Carolina Power Lflat 1as any d/b/a/Pi-op ress E'11 C r whisnant g. Project Name: Duke Energy Tuqj! Nytt ntake Line Date Verification Issued,, -' 5/9/2017 Project Manager: William Elliott Upon completion Of the activity auttiorized by this pertuit and any mitigation vuquired by the permit, sign this certification and return it to the following address: US A,R.MY CORPS OF ENGINEERS W11MING"FON DIS"TRIC"I" Attn: William Elliot( Asheville Regtflatoq Office U-S Arniy Corps of Engineers 151 Patton Avenue, Rooni 208 Asheville, North Carolina 28801 1"Icase xiote fluat your pernfitted activity is subject to as compliance inspection by as I.S. S. Army Corps of Engineer's representative. Failure to comiply with any terms or conditions ofthis authorization may, result jjrj t1le Corps suspending, rtkodifying or revoking the authorLzation and/m, issuing it Class I 'tity, (w initiating other appropriate legal action. I hereby ccrfifthat the work authorized by the above refercriced permit luas been completed M accordance Ivith the teri'll's and conclition of' tile Said permit, and required mitigartion was completed in accordance with the permit conditions. Signature of periniflec Date