20150610 Ver 1_USACE Permit_20150904

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RECEIVED
N.C. Dept. of ENR
U6 3 1 2015
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT REGIO AL OFFICE
Action Id. SAW- 2015 -01381 County: Rockingham U.S.G.S. Quad: VA- NORTHEAST EDEN
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permitee: Duke Energv Carolinas. Inc.
attn: Stephen Cahoon
Address: 41.1 Favetteville St. Mail Code: NC14
Raleigh. NC. 27602
Size (acres) —597 Nearest Town Eden
Nearest Waterway UT to Dan River River Basin Unper Dan
USGS HUC 03010103 Coordinates 36.496561 N. - 79.714252 W
Location description: The Droiect area is located along an existing Norfolk - Southern railroad. approximately 0.45 mile east of
South Edgewood Road, and between 0.2 mile and 0.65 mile north of the Dan River. in Eden, Rockingham Countv. North
Carolina.
Description of projects area and activity: The Droiect involves the discharge of fill material into 119 linear feet of stream,
including: 1) extending an existing culvert and adding a rin ran dissipater Dad into a total of 46 linear feet and 15 linear feet of
stream channel. resDectively, and 2) extending an existing culvert and adding a AD ran dissipater Dad into a total of 43 linear
feet and 15 linear feet of stream channel, resnectively. These imgacts are necessary to reconstruct the existing rail line as well
as expand the rail line foot Drint for additional lines to facilitate the removal of coal ash from the site.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Nationwide Permit Number: NWP 39 Commercial and Institutional DevelODments.
SEE ATTACHED NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS
REMARKS: See also NW 18 permit verification dated 6/11/2014 for an earlier phase of the Osborne WRF single and
complete project.
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 6/22/2015 (received 6/23/2015). and
revised /additional information submitted 7/29/2015. 7/30/2015, and 8/25/2015 via email. 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 authorization is modified,
suspended or revoked. If, prior to the expiration date identified below, the nationwide 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 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 permit, will remain authorized provided the
activity is completed within twelve months of the date of the nationwide 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 Quality (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.
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.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact David Bailev at 919 -554 -4884 extension 30 or David .E.Bailev2(a,usace.armv.mil.
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Corps Regulatory Official: T �% % 701 �s� ° "N " "° '� °� Date: 8/2612015
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Expiration Date of Verification: 03/18/2017
Copy furnished:
Sue Homewood, NCDENR -DWR, 450 W. Hanes Mill Rd, Suite 300, Winston - Salem, NC 27105

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SAW -2015 -01381 Special Conditions:
1) Please note that future aspects or phases of coal ash removal and disposal and related activities
at /from the Duke Energy Dan River Steam Station may be considered part of a single and
complete project. Impacts of these future phases may be considered cumulative, with respect to
compensatory mitigation and Nationwide Permit thresholds, with impacts permitted during
earlier phases authorized and documented under Action ID: SAW- 2015 -01381 and related Action
IDs. Current cumulative impacts to waters of the US for this single and complete project include
permanent impacts to 119 linear feet (0.011 acre) of stream channel.
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Corps Regulatory Official: /�- "°"°'°'° °° ° Date: 8/26/2015
David E. Bailey
Expiration Date of Verification: 03/18/2017

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Determination of Jurisdiction:
A. ® Based on preliminary information, there appear to be waters of the US including wetlands within the above described project
area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
( Reference 33 CFR Part 331).
B. ❑ 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 and Section 404 of the Clean Water Act. 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.
C. ❑ There are waters of the US and /or wetlands within the above described project area 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.
D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued . Action ID: SAW-
Basis For Determination: The nroiect area exhibits water bodies with ordinary high water and wetland criteria as
defined in the aDDlicable renionai sunDlement to the 1987 wetland delineation manual. The water bodies on the site are listed
in the attached table. This determination is based on a field verification by David E. Bailev (USACE) on 6/9/2015.
Remarks: The wetlands on the nronerty were flamed by Arcadis G &M of NC. Inc. with changes made in the field by David
E. Bailev (USACE) and are aDDroximated on the attached sheet titled Figure 3. "Wetlands. Duke Enerev, Dan River Steam
Station. Rockingham County."
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
and C above),
This correspondence constitutes an approved jurisdictional determination for the above described site. 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: Jason Steele, Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303 -8801
Phone: [phone],37
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 theNAP. 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. **
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Corps Regulatory Official:
David E. Bailey
Date of JD: 8126/2015 Expiration Date of JD: 8/26/2020
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 online at httn : / /reaulatorv.usacesuivev.com/.

Applicant: Duke Energy Carolinas File Number: SAW
Attached is:
F-11 INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
❑ .PROFFERED PERMIT (Standard Permit or Letter of permission)
❑l PERMIT DENIAL
❑1 APPROVED JURISDICTIONAL DETERMINATION
1 Date: 8/26/2015
See Section below.
A
B
C
D
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 yoiz_ 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 H 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 may: (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 PERMIT: You 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 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.
D: APPROVED JURISDICTIONAL DETERMINATION: You may acceptor 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 .
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.
REASONS FOR APPEAL OR 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 already in the administrative
record.
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If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may
appeal process you may contact: also contact:
District Engineer, Wilmington Regulatory Division Mr. Jason Steele, Administrative Appeal Review Officer
attn: David E. Bailey CESAD-PDO
Raleigh Regulatory Field Office, Army Corps of Engineers, South Atlantic Division
3331 Heritage Trade Drive, Suite 105 60 Forsyth Street, Room 10M15
Wake Forest, North Carolina 27587 Atlanta, Georgia 30303 -8801
Phone: [phone]
RIGHT OF ENTRY:. Your signature below grants the right of entry to Corps of Engineers personnel, and any 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 opportune to participate in all site invest] rgtions.
Date: Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Raleigh Regulatory Field Office, attn: David Bailey, 3331 Heritage Trade
Drive, Suite 105, Wake Forest, North Carolina 27587
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]

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Action ID Number: SAW - 2015 -01381 County: Rockingham
Permittee: Duke Enerav Carolinas, Inc. (attn: Stephen Cahoon)
Project Name: Dan River Steam Station coal ash disposal / Eden / Rockingham Countv / Duke
Energv Carolinas / industrial
Date Verification Issued: 8/26/2015
Project Manager: David E. Bailev
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: David Bailey
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
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