NC0000396_08_Wetlands Notification Permit_1_20150823

2015-00861 Duke.pdf
Water Quality Certification 3883.pdf

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
2015-00861 BuncombeNC-Skyland
Action ID. County: U.S.G.S. Quad:
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Duke Energy Progress, Inc. / Steve Cahoon
Permittee:
410 South Wilmington Street
Address:
Raleigh, NC 27601

919-632-0129
Telephone Number:
Arden
Nearest Town:
French Broad River35.464957 N, -82.5488714 W
Nearest Waterway: Coordinates:
French Broad / 06010105
River Basin/ HUC:

The project is located near Lake Julian, adjacent to Interstate-26, Arden, Buncombe County, North
Location description:
Carolina.

The permittee is authorized to impact approximately 0.000275 acre of wetland to
Description of projects area and activity:
install two monitoring wells as part of a Groundwater Assessment Plan requested by NC DENR.

Applicable Law: Section 404 (Clean Water Act, 33 USC 1344)
Section 10 (Rivers and Harbors Act, 33 USC 403)
5
Authorization: Regional General Permit Number or Nationwide Permit Number:
S
EE ATTACHED RGP or NWP GENERAL, REGIONAL, AND SPECIAL CONDITIONS
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 April 9, 2015. 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/regional authorization is modified,
suspended or revoked. If, prior to the expiration date identified below, the nationwide/regional 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/regional permit. If the nationwide/regional 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/regional permit, activities
which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide/regional
permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide/regional
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 Resources (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
Tasha Alexander828-271-7980ext. 226 [e-mail]
program, please contact at , or.
ALEXANDER.TASHA.
Digitally signed by
ALEXANDER.TASHA.LYNN.1273626979
Corps Regulatory Official: ___________________________ Date:
DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, May 8, 2015

LYNN.1273626979

ou=USA, cn=ALEXANDER.TASHA.LYNN.1273626979
Date: 2015.05.28 14:15:03 -04'00'

Tasha Alexander

Expiration Date of Verification
March 18, 2017
:

«Permit_No»
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
SAW-
jurisdictional determination issued . Action ID: .
Basis for Determination:
The site contains wetlands as determined by the 1987 Corps of Engineers Wetland Delineation Manual and the Interim Regional
Supplement to the Corps of Engineers Wetlands Delineation Manual: Eastern Mountain and Piedmont Region. These wetlands are
adjacent to stream channels located on the property that exhibit indicators of ordinary high water marks. The stream channel on the
property is an unnamed tributary to French Broad River. The French Broad River is located within the French Broad-Holston
watershed and eventually drains to the Gulf of Mexico. Specifically, the French Broad River merges with the Holston River to form
the Tennessee River. The Tennessee River then drains to the Ohio River and then on to the Mississippi River before entering the Gulf

of Mexico. This jurisdictional determination is for the impact areas only.
E.Attention USDA Program Participants
cular 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]

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 form, it must be received at the above address within 60 of the issue date below.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**

«Permit_No»
ALEXANDER.TASHA.
Digitally signed by
ALEXANDER.TASHA.LYNN.1273626979
DN: c=US, o=U.S. Government, ou=DoD, ou=PKI,
LYNN.1273626979
ou=USA, cn=ALEXANDER.TASHA.LYNN.1273626979
Corps Regulatory Official: ______________________________________
Date: 2015.05.28 14:15:23 -04'00'

Tasha Alexander

May 8, 2015
Issue Date of JD: Expiration Date of JD: Five years from Issue Date
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, located online at http://regulatory.usacesurvey.com/
.

2015-00861
SPECIAL CONDITIONS

Please review the attached North Carolina Wildlife Resources Commission letter dated May 8, 2015. These

recommendations should be considered where practicable.
Please be advised that if additional impacts to waters of the U.S., either on this property or on/adjacent to this
property and associated with this project/activity, are proposed at a later date, those impacts will be combined with
the current impacts to waters of the U.S. and will be reviewed cumulatively. Generally, compensatory mitigation
will be required if individual or cumulative (i.e., past and present) losses or degradation of waters of the U.S. are
greater than 150 linear feet of perennial or intermittent stream channel and/or 0.1 acre of wetland. Additionally,
cumulative impacts that result in the loss or degradation of greater than 300 linear feet of perennial or
intermittent* stream channel, and/or 0.5 acre of wetland, will be processed under an Individual Permit. This
verification of the use of the Nationwide Permit Program for this project does not imply that this office will
necessarily approve any future proposal to impact waters of the U.S. on this property and/or associated with this
project/activity.

* The District Commander has the ability to waive the 300 linear foot limit for intermittent streams on a case-by-
case basis. All requests for waiver must be in writing and shall include rationale for the request.

Action ID Number: 2015-00861 County: Buncombe

Permittee: Duke Energy Progress, Inc. / Steve Cahoon

Date Verification Issued: May 8, 2015
Project Manager: Tasha Alexander
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.: CESAW-RG-A
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
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

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Duke Energy Progress, Inc. / Steve File Number: SAW-2015-00861 Date: May 8, 2015
Cahoon

Attached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A
PROFFERED PERMIT (Standard Permit or Letter of permission) B
PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx
or Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or 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 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 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
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 PROFFERED PERMIT
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.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
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, Attn.: Mr. Jason Steele, Administrative Appeal Review Officer
151 Patton Avenue
CESAD-PDO
Room 208
U.S. Army Corps of Engineers, South Atlantic Division
Asheville, North Carolina 28801
60 Forsyth Street, Room 10M15
Tasha Alexander
Atlanta, Georgia 30303-8801
828-271-7980
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 opportunity to participate in all site investigations.
Date: Telephone number:
________________________________________
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory DivisionAttn.: Tasha Alexander, 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]