20141045 Ver 1_401 Application_20141014

Dewberry-
Date
Project Name
Reference
9/30/2014
TRANSMITTAL
Project # SAW- 2013 -02337
(Dewberry #50064761)
Vista 115 kV Substation, Pender County
401 Permit
To 401 Buffer and Permitting Unit
RECEIVED
E®
NCDENR - DWR
Attn Sheri Montalvo
OCT 01 2014
1617 Mall Service Center
® Your approval
Raleigh NC 27699
DENR -LAND QUALITY
Phone [phone]
STORMWATER PERMITTING
CC
'We transmit 0 °-
The following°
° ° For
❑ As per your request
® Prints
® Your approval
❑ Under separate cover
❑ Copies
❑ Your review and comment
❑ By mail
® Reports
❑ Your file /use
❑ By messenger
❑ Studies
❑ Revision and submission
❑ By pick up
❑ Reproducible
❑ Distribution
® By overnight carrier
❑ Product literature
❑ Computations
As reques`ted°by °�._ — °As °approved by: As' °submitted forapproval`by
Copies', ° °a "Da_te_ , nNumb._ r ad Description.
6 Pre - Constr_ u c_t_o; ° _ m n
Notification Form
6
_(PCN)
Notification of Jurisdictional Determrnatlon�
6
9 -4 -14
Site Plan with Wetland Impacts _
6
9 -9 -14
Wetland Mitigation Bank Credit Reservation
Comments. °
Sheri,
Please find attached submittal for 401 Wetland review and approval The project will comply with the
requirements of Nationwide Permit Number 12 and will have a wetland fill impact of less than 0 5 acres
Mitigation will be handled by paying into the Bachelor's Delight Mitigation Bank Please let me know if you
have any questions or comments as your review this information for approval Thank you,
Justin Siegler, PE
If enclosures are not as noted, please notify us at once Page 1 of 1

20 1 41 045
\o�0E W A TF.9
O Y
Office Use Only
Corps action ID no
DWQ project no
Form Version 1 4 January 2009
Page 1 of 10
PCN Form —Version 1 4 January 2009
Pre - Construction Notification (PCN) Form
A.
Applicant Information
1.
Processing
la
Type(s) of approval sought from the Corps
❑X 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?
❑X Yes ❑ No
1d
Type(s) of approval sought from the DWQ (check all that apply)
❑X 401 Water Quality Certification — Regular X❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
le
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification
❑ Yes ❑X No
For the record only for Corps Permit
❑ Yes ❑X No
1f
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
❑X Yes ❑ No
1g
Is the project located in any of NC's twenty coastal counties If yes, answer 1 h
below
Z Yes ❑ No
1h
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes ❑X No
2.
Project Information
2a
Name of project
Vista 115 kV Substation
2b
County
Pender
2c
Nearest municipality / town
Hampstead
2d
Subdivision name
NA
2e
NCDOT only, T I P or state project no
3.
Owner Information
3a
Name(s) on Recorded Deed
Progress Energy Carolinas, Inc
REGEIVED
3b
Deed Book and Page No
Bk 1107 Pg 111, and Bk 2980 Pg 245
OCT 01 2014
3c
Responsible Party (for LLC if
applicable)
Mick Vander Ploeg
DENR -LAND QUALITY
3d
Street address
410 S Wilmington Street
3e
City, state, zip
Raleigh, NC 27601
3f
Telephone no
919- 546 -3070
3g
Fax no
919 - 546 -7175
3h
Email address
mick vanderploeg @duke- energy com
Page 1 of 10
PCN Form —Version 1 4 January 2009

4.
Applicant Information (if different from owner)
4a
Applicant is
❑X Agent ❑ Other, specify
4b
Name
Rodney Hutcherson, Director - Transmission Engineering
4c
Business name
(if applicable)
Duke Energy Progress
4d
Street address
410 S Wilmington Street
4e
City, state, zip
Raleigh NC 27601
4f
Telephone no
919 - 546 -7468
4g
Fax no
919 - 546 -7175
4h
Email address
rutcherson @duke- energy com
5.
Agent/Consultant Information (if applicable)
5a
Name
Justin Biegler, PE
5b
Business name
(if applicable)
Dewberry Engineers Inc (Dewberry)
5c
Street address
2301 Rexwoods Drive Suite 200
5d
City, state, zip
Raleigh, NC 27607
5e
Telephone no
919- 424 -3704
5f
Fax no
919- 881 -9923
5g
Email address
jbiegler @dewberry com
Page 2 of 10

B.
Project Information and Prior Project History
1.
Property Identification
1a
Property identification no (tax PIN or parcel ID)
4215 -12- 8272 -0000
1b
Site coordinates (in decimal degrees)
Latitude 34 43463 Longitude 77 63258
1c
Property size
2075 acres
2.
Surface Waters
2a
Name of nearest body of water to proposed project
Mullet Run
2b
Water Quality Classification of nearest receiving water
SA
2c
River basin
Cape Fear
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 site is forested and vacant, except for a overhead electric transmission line bisecting the property Land use in the vicinity of the project site is
vacant, residential, and some highway commercial
3b
List the total estimated acreage of all existing wetlands on the property 12
3c
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property 893
3d Explain the purpose of the proposed project
Construction of an electric substation to provide electricity distribution to the rapidly developing area in and around Topsail
3e Describe the overall project in detail, including the type of equipment to be used
Construction of a 296' by 233' electric substation with fence and gravel driveway Bulldozers and excavation equipment will be used during construction
D
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?
X❑ Yes ❑ No ❑ Unknown
Comments
4b
If the Corps made the jurisdictional determination, what type
of determination was made?
x❑ Preliminary ❑ Final
4c
If yes, who delineated the jurisdictional areas?
Name (if known) Matt Smith
Agency /Consultant Company ESI, Inc
Other
4d
If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation
5.
Project History
5a
Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
❑ Yes ❑X No ❑ Unknown
5b
If yes, explain in detail according to "help file" instructions
6.
Future Project Plans
6a
Is this a phased project?
❑ Yes X❑ No
6b
If yes, explain
Page 3 of 10
PCN Form — Version 1 4 January 2009

C. Proposed Impacts Inventory
1. Impacts Summary
la 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
Wetland Impact
number
Permanent (P) or
Temporary T
2b
Type of Impact
2c
Type of wetland
2d
Forested
2e
Type of jurisdiction
Corps (404,10) or
DWQ (401, other)
2f
Area of
Impact
(acres)
W1 P
Fill
Headwater Wetland
Yes
Corps
042
W2 P
Vegetative Cutting
Headwater Wetland
Yes
Corps
032
W3 P
Vegetative Cutting
Headwater Wetland
Yes
Corps
032
W4
Choose one
Choose one
Yes /No
W5 -
Choose one
Choose one
Yes /No
W6
Choose one
Choose one
Yes /No
2g Total Wetland Impacts:
1 06
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
Stream Impact
number
Permanent (P) or
Temporary (T)
3b
Type of Impact
3c
Stream name
3d
Perennial (PER) or
Intermittent (INT)?
3e
Type of
jurisdiction
3f
Average
stream
width
(feet)
3g
Impact
length
(linear
feet)
S1
Choose one
S2
Choose one
S3
Choose one
S4
Choose one
S5
Choose one
S6
Choose one
3h Total stream and tributary impacts
31 Comments
Page 4 of 10
PCN Form — Version 1 4 January 2009

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
Open water
impact number
Permanent (P) or
Tern ora T
4b
Name of waterbody
(if applicable)
4c
Type of impact
4d
Waterbody
type
4e
Area of impact (acres)
01
Choose one
Choose
O2
Choose one
Choose
03
Choose one
Choose
04
Choose one
Choose
4f Total open water impacts
4g Comments
5. Pond or Lake Construction
If pond or lake construction proposed, the complete the chart below
5a
Pond ID number
5b
Proposed use or
purpose of pond
5c
Wetland Impacts (acres)
5d
Stream Impacts (feet)
5e
Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
P1
Choose one
P2
Choose one
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)
5j Size of pond watershed (acres)
5k Method of construction
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 Project is in which protected basin?
❑ Neuse ❑ Tar - Pamlico ❑ Catawba ❑ Randleman ❑ Other
6b
Buffer Impact
number —
Permanent (P) or
Temporary T
6c
Reason for impact
6d
Stream name
6e
Buffer
mitigation
required?
6f
Zone 1
impact
(square
feet )
6g
Zone 2
impact
(square
feet
B1
Yes /No
B2
Yes /No
B3 -
Yes /No
B4 -
Yes /No
B5 -
Yes /No
B6 -
Yes /No
6h Total Buffer Impacts.
61 Comments
Page 5 of 10

D.
Impact Justification and Mitigation
1.
Avoidance and Minimization
1a Specifically describe measures taken to avoid or minimize the proposed impacts in designing project
Electrical substation was located on the highest point of the property and as close to the property lines as required property setbacks would allow
Stormwater measures were designed to provide conveyance through open, vegetated swales to disperse runoff, provide energy dissipation, and
infiltration
lb Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques
Fill slopes will be constructed at 3 1 in order to quickly match back in with natural topography A preformed scour hole will control runoff velocities
outletting to the undisturbed wetland areas Areas with tree clearing impacts will cut the trees as close to the ground as possible and leave the stumps
in place, no grubbing or grading will take place in these areas
2.
Compensatory Mitigation for Impacts to Waters of the U.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?
❑X Yes ❑ No
2b
If yes, mitigation is required by (check all that apply)
❑ DWQ X❑ Corps
2c
If yes, which mitigation option will be used for this
project?
❑Q Mitigation bank
❑ Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3.
Complete if Using a Mitigation Bank
3a
Name of Mitigation Bank Bachelors Delight Mitigation Bank
3b
Credits Purchased (attach receipt and letter)
Type Riparian wetland
Type Choose one
Type Choose one
Quantity 1 5
Quantity
Quantity
Credits were calculated base on a 2 1 mi iga ion for the fill impacts and on a 1 1 mi iga ion for the tree clearing impacts
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
Choose one
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
Page 6 of 10
PCN Form —Version 1 4 January 2009

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
❑ Yes QX No
buffer mitigation?
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
6c
6d
6e
Zone
Reason for impact
Total impact
Multiplier
Required mitigation
(square feet)
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1 5
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 7 of 10

E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1 a
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
2.
Stormwater Management Plan
2a
What is the overall percent Imperviousness of this project?
31%
2b
Does this project require a Stormwater Management Plan?
X❑ 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
Runoff from the access drive and the substation pad will flow overland to a series of vegetated swales surrounding the developed area on the east and
north No runoff will flow directly from a developed surface to a wetland Calculations were also performed
to show that runoff velocities discharging
from the vegetated swales to the wetlands exceeded 2 ft/second
2e
Who will be responsible for the review of the Stormwater Management Plan?
NCDENR Stormwater
3.
Certified Local Government Stormwater Review
3a
In which local government's jurisdiction is this project?
Pender County
❑ Phase II
❑ NSW
3b
Which of the following locally - implemented stormwater management programs
❑ USMP
apply (check all that apply)
❑ Water Supply Watershed
❑ Other None
3c
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
4.
DWQ Stormwater Program Review
OCoastal counties
❑HQW
4a
Which of the following state - implemented stormwater management programs apply
❑ORW
(check all that apply)
r_1 Session Law 2006 -246
[]Other
4b
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑X No
attached?
5.
DWQ 401 Unit Stormwater Review
5a
Does the Stormwater Management Plan meet the appropriate requirements?
❑X Yes ❑ No
5b
Have all of the 401 Unit submittal requirements been met?
❑X Yes ❑ No
Page 8 of 10
PCN Form — Version 1 4 January 2009

F.
Supplementary Information
1.
Environmental Documentation (DWQ Requirement)
la
Does the project Involve an expenditure of public (federal /state /local) funds or the
❑ Yes ❑X 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)?
1 c
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
❑ Yes ❑ No
letter )
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 0 No
or Riparian Buffer Rules (15A NCAC 2B 0200)?
2b
Is this an after - the -fact permit application?
❑ Yes 0 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
WIII this project (based on past and reasonably anticipated future Impacts) result in
❑ Yes Eg 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
Following
construction, no additional impervious surfaces or land disturbances are proposed Project provides additional area within the substation
fenced enclosure for construction of an additional transformer bank in the future, but will not result in additional impacts to the site Site has utilized the
developable
area on the property, and if any future expansions are required then additional property will need to be obtained
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
No
wastewater will be generated as part of this site development or operation
Page 9 of 10
PCN Form — Version 1 4 January 2009

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
0 Yes ® No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
Yes ❑X No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
-
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
Data from the North Carolina Natural Heritage Program (NCNHP) dated October 2013 was review as part of the environmental analysis titled "Vista
115kV Substation, Pender Count, North Carolina, November 2013" by Environmental Services, Inc
S. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes Q No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
Environmental analysis titled "Vista 11 5k Substation, Pander Count, North Carolina, November 2013" by Environmental Services, Inc reviewed
concluded no PNAs or ORWs (NCDMF 2011) and no AFSA (NCDMF) existing within the study area.
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 XZ 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?
OSA and Survey and National Register Branch of the North Carolina SHPO on November 1, 2013 revealed no previously recorded or eligible sites or
properties in the proposed areas.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA- designated 100 -year floodplain?
Cl Yes © No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination?
FEMA Flood Map 3720421500J, Panel 4215J
Rodney Hutcherson
08 -27 -2014
Applicant/Agent's Printed Name
pplicant/Agent's Signature
Date
(Ag 's signature is valid only if an authorization
letter from the applicant is provided.)
r
Page 10 of 10

BACHELORS DELIGHT MITIGATION CREDIT REQUEST FORM
(July 2012)
Print this form, fill in requested information, sign and date, and either
mail to: Bachelors Delight Mitigation Bank or email to: cpreziosi Imgroup net
c/o Land Management Group, Inc
3805 Wrightsville Avenue, Suite 15
Wilmington, NC 28403
Attachments are acceptable for clarmcation purposes (location map of Droiect area is requesteo
CONTACT INFORMATION
APPLICANT'S AGENT (optional)
APPLICANT
1. Business or Individual Name
Dewberry Engineers Inc
Duke Energy Progress
2. Street Address or P O Box
2301 Rexwoods Drive
410 S Wilmington St
3. City, State, zip
Raleigh NC 27607
Raleigh NC 27601
4. Contact Person
Justin Bie ler PE
Tim Same PE
5. Telephone Number
919- 424 -3704
919- 546 -7468
6. Fax Number
919- 881 -9923
919- 546 -7175
7. E -Mail Address (optional)
I bie ler dewber com
tlm same @duke- energy corn
PROJECT INFORMATION
8. Project Name
Vista 11 5k Substation
9. Project Location (nearest town, city)
* *ATTACH MAP SHOWING IMPACT LOCATION **
Hampstead, NC
p
10. Lat -Long Coordinates (optional)
34 43463, 77 63258
11. Project County
Pender County
12. River Basin
Cape Fear
13. Cataloging Unit (8- digit) (see Note 1)
03030007
IMPACT INFORMATION
Total Impact (ac) (e g, 0 13)
Amount of Credits
Requested (ac)
14. Riparian Wetland
42 Fill, 64 Conversion
1 5 ac
15. Non - Riparian Wetland
0
0
16. Coastal Marsh
0
0
17.,Stream Impact: Warm only
(ft ) (e g 1,234)
0
0
18. Regulatory Agency Staff Contacts
Indicate last names, if known)
USAGE: Crumbley
DWQ: Steenhuls
19. Other Regulatory ID Information
e g USACE Action ID, if known
IMPORTANT
Check (�) below if this request is a
Signature of Applicant or Agent:
revision to a current acceptance, or
re- submission of an expired acceptance
Date
Note 1 For help in determining the Cataloging Unit, go to EPA's "Surf Your Watershed" web page
htto / /cfpub epa gov /surf/locate /index cfm
Note 2 Please contact Christian Preziosi (LMG, Inc ) with questions at (910) 452 -0001 or cpreziosi(ccDlmgroup net

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW - 2013 -02337 County. Pender U.S.G S. Quad. NC- TOPSAIL
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner: Duke Progress Energy
Rodney Hutcherson
Address: 150 FattevilIe St Box 1011
Hickory, NC, 28601
° �6 W
RECEIVED
Ulf o 12014
Size (acres) 22 Nearest Town Hampstead SrU�ENR'LAND QUALITY
Nearest Waterway Mullet Run River Basin Northeast st Cane Fear Rh1WgTER PiRMITTING
USGS HUC 3030007 Coordinates Latitude. 34.4352021
Longitude: - 77.63413491
Location description: The Vista 115kV Substation site is located northwest of the intersection of Old Whitfield
Road and US Hwy 17 in Hampstead, Pender County, North Carolina (PIN# 4215 -12- 8772).
Indicate Which of the Following Apply:
Based on preliminary information, there may be on the above described . We strongly suggest you have this
property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a
jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable
action under the Regulatory Program Administrative Appeal Piocess (Reference 33 CFR Part 331). Ifyou 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.
R. Approved Determination
There are Nay igable Waters of the United States within the above described 'sttbjdct'to the permiilr6tluirements of
Section,10 of the RiNerS and_l- Iarbors-Act and Section- 404�df the Clean. WatefWdtle Unless =there is a chatigd in the
law or our published regulations, this determination may relied upon, Fof a:pdn6d-nof-to exceed-five years from the
date ol'this notification.
X There are waters of the U.S, including wetlands on the above described property subject to the permit requirements of
Section 404 of the Clean Water Act (CWA)(33 USC § I344). 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
X We strongly suggest you have the waters of the US. including wetlands on your property delineated Due to the
size of your property and /or our present workload, the Corps may not be able to accomplish this wetland delineation
in a timely manner For a more timely delineation, you may wish to obtain a consultant To be considered final, any
delineation must be verified by the Corps
_ The waters of the U.S including wetlandon your property have been delineated and the delineation has been verified by
the Corps. We strongly suggest you have this delineation surveyed Upon completion, this survey should be reviewed and
verified by the Corps Once verified, this survey will provide an accurate depiction of all areas subject to CWA
jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied
upon for a period not to exceed five years
_ The waters of the U S including wetlandshave been delineated and surveyed and are accurately depicted on the
plat signed by the Corps Regulatory Official identified below on 4/1/2014. 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 fl-6m the date of
this notification.
_ There are:no;waters of the U.S.;_tq:include wetlands,,present•on,theabove described p`roper(y-wH ch are subject to the
permit requirements of Section,404 „ofthe Clean-Water-,Act-(33 USC 1344). = Unless there =is'a change iri th`e law`or
our published regulations, this determination may be relied upon for a period nbt to'exceed fNd,'yeais=fror-h-Ahe "date of

this notification
The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management
Act (LAMA) You should contact the Division of Coastal Management in Wilmington, NC at (910) 796 -7215 to
determine their requirements.
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit
may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). if you have any questions regarding
this determination and /or the Corps regulatory program, please contact Crystal Amsehler at 910 - 251 -4170.
C. Basis For Determination: Determination was based on review of aerial photoaraphy, USGS soils and
Lidar maps and from observations made during the site visits. Wetlands met criteria set forth in the Corps_
1987 delineation manual and the Atlantic and Gulf Coastal Plain Re ion Supplement. The stream
demonstrated an OHWM as identified in the field Wetlands are adjacent to the stream which flows into an
Mullet Run which becomes a Section 10 Water.
D. Remarks: Jurisdictional waters flagged in the field and identified on the delineation map submitted by
Environmental Services Inc do not accurately reflect the wetland boundaries as determined in the field. No
updated delineation information has been received to date We recommended that the wetlands and jurisdictional
waters be re- delineated where necessary and the updated delineation information be provided to our office for
verifica: ion.
E. 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.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated
in B. above)
This correspondence constitutes an approved jurisdictional detenmination for the above described site If you object to
this determination, you may request an administrative appeal under Corps regulations at 3' ) 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 fonn to the following address-
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Rooin 10M 15
Atlanta, Geoi gia 30303 -8801
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 fonn, it must be received at the above address by 6/2/2014
°*lt is not necessary to submit an RFA fonn io the Divisiun uiiice if you ao not oblec� to Cite deters,unation in this
correspondence **
Corps Regulatory Official:
Date A rile 2, 2014 `\ Expiration Date: April 2, 2019
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to ur Customer Satisfaction Survey, located online at littp•//regulatory usacestirvey.com/
- g '234

10
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X9TI'FXCXTT0N OTt- ADMINISTRATIVE AIPP-EAL OPTIONS A;ND,;ROCES�
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Applicant: Duke Progress Energy _ _ T _ I File Number: SAW- 2013 -02124 Date: April 2, 2014
Attached is: _ _ _ _ _ _ _ _ ( See Section below
_ INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) -j _— A
rPROFFERED PERMIT (Standard Permit or Letter of permission) �_ _ _ _ _ B
- - - -- --------------- - - - - --
PERMIT DENIAL
X APPROVED JURISDICTIONAL DETERMINATION _ D
i PRELIMINARY JURISDICTIONAL DETERMINATION �� E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above
decision. Additional, information maybe found at
http: / /www usace army.mii/ Missions/ CivilWorks/ ReguulatoaProgramandPermits .aspx or
Corps regulations!at 33_CFR Part 331. _
- -- -- - _---- - - - - -_ - __ _---------------- - - - -=- - -
A: INITIAL PROFFERED PERMIT: You may acceptor object to the permit.
• 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 in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and
approved jurisdictional determinations associated with the permit.
• 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 II 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 permit in the future. Upon receipt of your letter,
the district engineer will evaluate your objections and Wray: (a) modify the permit to address all of your
concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having
determined that the permit 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 PERMI--T--:-Y ou may accept or appeal the permit
• 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 in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and
approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (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 denial of a permit under the Corps of Engineers Administrative
Appeal Process by completing Section 11 of this fonn 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 JD in its 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
r Administrative Appeal Process by completing Section II of this form and sending the form to the district
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 INITIAL PROFFERI✓D PERMIT
REASON FOR S APPEAL -0- R 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 alreadv in the administrative record.
OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and /or the If you only have questions regarding the appeal
appeal process you may contact: I process you may also contact:
District Engineer, Wilmington Regulatory Division Mr Jason Steele, Administrative Appeal Review
Attn- Crystal Amschler, Project Manager, Officer
Wilmington Regulatory Field Office CESAD -PDO
69 Darlington Ave U.S. Army Corps of Engineers, South Atlantic
Wilmington, North Carolina 28403 Division
60 Forsyth Street, Room IOM15
Atlanta, Georgia 30303 -8801
_ _ _ —_ - - -- - -- - - -- -- - - -- -- - - - Phone: (404)_562_ 5137- - - - - -- - -- --any'-- RIGHT OF ENTRY. Your signature below grants the right of entry to Corps of Engineers personnel, and
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
investigations.__ -
Date: Telephone number:
of appellant of aaent.-
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Crystal Amschler, 69 Darlington Avenue,
Wilmington, North Carolina 28403
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele,
Administrative Appeal Officer, CESAD -PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303 -8801
Phone: [phone]