20181651 Ver 3_USACE Permit_20230428 (2)

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
April 28, 2023
Regulatory Division
Action ID: SAW-2018-01915
Mr. Steve Cahoon
Duke Energy Progress, Inc.
411 Fayetteville Street
Raleigh, North Carolina 27601
Dear Mr. Cahoon:
Reference the Department of the Army (DA) permit issued to you on October 10,
2019, for the permanent discharge of fill material into 0.583 acre of wetland; the
temporary discharge of fill material into 0.012 acre of wetlands; and the permanent
conversion of 0.039 acre of forested wetland to an herbaceous wetland. These impacts
are associated with the construction of three separate haul roads, an overhead utility
line, and the Ash Processing Facility for the H.F. Lee Beneficiation Project at the H.F.
Lee Complex. The project is located adjacent to the Neuse River, 8-digit Hydrologic Unit
Code (HUC) 03020201, at 1677 Old Smithfield Road, in Goldsboro, in Wayne County,
North Carolina (Latitude: 35.3741570N, Longitude:-78.093265°W).
Reference is also made to your letter dated April 6, 2022, requesting modification
to the existing DA permit referenced above. Specifically, you have requested to modify
the permit to include the installation of two small raw water intakes along the Neuse
River, one at H.F. Lee Inactive Ash Basin 2 and one at Inactive Ash Basin 3 for dust
control during the Ash Basin Excavation project. Duke Energy is also requesting to
install a raw water intake for emergency makeup water during drought conditions in the
Finger Canal off the Neuse River Bypass Canal.
I have determined that the proposed project modifications described above are not
contrary to the public interest, do not impair the usefulness of the US Army Corps of
Engineers Navigation project, and are consistent with the 404 (B) (1) Guidelines and
therefore, the DA permit is hereby modified. The authorized work shall be completed in
accordance with the attached revised drawings. With this permit modification request,
the following best management practices are hereby incorporated as special conditions
of this permit authorization:

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1. Work Limitations
a. The dust control intake pipes shall be used during daylight hours only,
Monday through Friday.
b. During 1 April - 30 April and 1 September - 30 September 30 of each
year, the project team shall use stored stormwater rather than river water as
available dust suppression of each year the project is in place to reduce
potential adverse effects to potentially spawning Atlantic Sturgeon adults and
egg/larvae.
2. Protected Species Construction Conditions, NOAA Fisheries Southeast
Regional Office
The permittee shall adhere to these conditions as described in SERO-2022-
01595, concurrence dated December 20, 2022 and also found at the following:
https://media.fisheries.noaa.gov/2021-
06/Protected Species Construction Conditions 1.pdf?null
3. Additional Sediment and Erosion Control Measures
The permittee shall adhere to the Inactive Basin 2 Outfall 005A and Inactive
Basin 3 Outfall 005B Area Erosion and Sediment Control plans, dated
September 1, 2022, and September 13, 2022, respectively.
This approved modification should be attached to the original permit and will be
utilized for future compliance reviews of the project. It is understood that all other
conditions of the permit, including the permit expiration date (December 31, 2029),
remain applicable. Should you have questions, contact Ms. Emily Thompson,
Washington Regulatory Field Office by email at Emily.b.thomspon(a-)-usace.army.mil or
by telephone [phone].
Sincerely,
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LTC, U.S. Army
Acting District Commander
Enclosures
Cc (via email w/ enclosures)
Duke Energy - Joyce Dishmon - Joyce. Dishmon(a)duke-energy.com

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WSP — Laura Meyer - laura.meyer(a�woodplc.com
NC DEQ, DWR — Sue Homewood - sue. homewood(a)ncdenr.gov