HomeMy WebLinkAbout20120339 Ver 1_401 Application_20170317DUKE
ENERGY,.,
March 8, 2017
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a
File: 12520-N
Mr. William Elliot C(jpy
Asheville Regulatory Field Office
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
Certified Mail: 7014 1820 0001 7891 4371
Ms. Karen Higgins
401 Certification Coordinator
NCDEQ, Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
Certified Mail: 7014 1820 0001 7891 4401
Subject: NW 12- Temporary Water Intake Line in French Broad River
Asheville Steam Electric Generating Plant
Duke Energy Progress, LLC
Buncombe County
Dear Mr. Elliot and Ms. Higgins:
Garry A. Whisnant
Plant General Manager
Asheville Steam Electric Plant
Duke Energy Progress
ASVL PLT 200 CP&L Dr
Arden, NC 28704
o. 828-687-5201
t. 828-687-5204
gany.whisnant0duke energy.com
M,qR 6
Duke Energy Progress, LLC (Duke Energy) requests a Section 10 authorization under the
Nationwide Permit program (NWP 12) to place- a temporary utility line in the French Broad
River. Enclosed is the completed Pre -Construction Notification (PCN) Application Form with
attachments. A similar request has been authorized and extended by the United States Corps of
Engineers in the past (Corps Action ID. 2007-04111 re-verification/extension, enclosed) but is
scheduled to expire March 18, 2017. Based on the specific details of this proposal, it is our
understanding that written concurrence from 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 Steam 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 River falls below the level required for the permanent intake structure pumps to
withdraw the water.
The intake line will be extended no further than 20 feet away from the river bank 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 placement of the intake line
and pumps.
Page Z
Duke Energy Progress, Inc.
Asheville Steam Electric Generating Plant
Temporary Water Intake Line in French Brod River,
Buncombe County
Because operation of the Asheville Steam Electric Plant during all conditions is critical to Duke
Energy's 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 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.
Should you have any questions regarding this letter or require additional information, please
contact Ms. Tina Woodward at (704) 382-4585 or at Tina.Woodward@Duke-Energy.com.
Sincerely,
Garry Whisnant
Plant Manager
Asheville Steam Plant
Enclosures:
1 -PCN form, Attachments 1-3
2-USACE Jurisdictional Determination
3 -Previous Authorizations
cc: Ms. Andrea Leslie
Mountain Habitat Conservation Coordinator
20830 Great Smokey Mountain Expressway
Waynesville, NC 28786
Certified Mail: 7014 1820 0001 7891 4388
o`'of INA
r�ppG
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
1 a.
Type(s) of approval sought from the Corps:
❑X Section 404 Permit ❑X Section 10 Permit
1b. 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
1 d.
Type(s) of approval sought from the DWQ (check all that apply):
❑ 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
❑X Yes ❑ 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.
❑ Yes ❑X No
1 g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes ❑X 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:
Duke Energy Progress, LLC. Asheville Drought Contingency piping
2b.
County:
Buncombe
2c.
Nearest municipality / town:
Arden
2d.
Subdivision name:
N/A
2e.
NCDOT only, T.I.P. or state project no:
N/A
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Carolina Power & Light Company d/b/a Progress Energy Carolinas, Inc.
3b.
Deed Book and Page No.
Book 828 Page No. 221
3c.
Responsible Party (for LLC if
applicable):
Garry Whisnant, Plant Manager, Asheville Steam Plant
3d.
Street address:
200 CP & L Drive
3e.
City, state, zip:
Arden, NC 28704
3f.
Telephone no.:
(828) 687-5201
3g.
Fax no.:
(828) 687-5204
3h.
Email address: I
garry.whisnant@duke-energy.com
Page 1 of 10
PCN Form —Version 1.4 January 2009
4. Applicant Information (if different from owner)
4a. Applicant is:
❑ Agent ❑ Other, specify:
4b. Name:
N/A
4c. Business name
(if applicable):
N/A
4d. Street address:
N/A
4e. City, state, zip:
N/A
4f. Telephone no.:
N/A
4g. Fax no.:
N/A
4h. Email address:
N/A
5. Agent/Consultant Information (if applicable)
5a. Name:
N/A
5b. Business name
(if applicable):
N/A
5c. Street address:
N/A
5d. City, state, zip:
N/A
5e. Telephone no.:
N/A
5f. Fax no.:
N/A
5g. Email address:
N/A
Page 2 of 10
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
964411651842
1 b. Site coordinates (in decimal degrees):
Latitude: 35.47358 Longitude: -82.55393
1 c. Property size:
622.69 acres
2. Surface Waters
2a. Name of nearest body of water to proposed project:
French Broad River
2b. Water Quality Classification of nearest receiving water:
Class "C"
2c. River basin:
French Broad
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 steam electric plant makeup water intake structure with access roads.
3b. List the total estimated acreage of all existing wetlands on the property: 17.23
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 8,898
3d. Explain the purpose of the proposed project:
The Asheville Steam Electric Plant cooling lake level must be maintained to ensure electric generation capability. During low flow conditions in the
river, the water level may be below 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.
3e. Describe the overall project in detail, including 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 the Drought periods. A 12-inch diameter, flexible line will be extended no more than 20 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. At certain periods these two
temporary pumps may operate 24 hours a day with a withdrawal rate of 10,000 gpm. 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 buffer or to wetlands nor will there be any land disturbance. There will be no discharge into the French Broad River from this activity.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
❑X Yes ❑ No ❑ Unknown
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past?"
Comments:
4b. If the Corps made the jurisdictional determination, what type
❑ Preliminary X
rY Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas?
Agency/Consultant Company:
Name (if known):
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
May 16, 2016
5. Project History
5a. Have permits or certifications been requested or obtained for
❑X Yes ❑ No E] Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
Previous NW 12 verifications received for this activity. USACOE Action ID. 2007-04111
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
1a. Which sections were completed below for your project (check all that apply):
❑ Wetlands ❑ Streams —tributaries ❑ Buffers ❑X 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
Choose one
Choose one
Yes/No
W2
Choose one
Choose one
Yes/No
W3
Choose one
Choose one
Yes/No
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:
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
3i. 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
Temporary T
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
01 T
French Broad
Other
Other
0.1
02
Choose one
Choose
03
Choose one
Choose
04
Choose one
Choose
4f. Total open water impacts
0.1
4g. Comments: Temporary obstruction
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:
5i. 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:
6i. 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.
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 out into the river no more than 20 feet. A screen (mesh size approximately 1 cm) installed on the end of the temporary line
will reduce impingement and entrainment of fish. The pumps will be run only when necessary to replace the water intake capabilities of the
permanent system during extremely low flow conditions in the French Broad River.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
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?
❑ Yes ❑X No
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
2c. If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
❑ Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type: Choose one
Type: Choose one
Type: Choose one
Quantity:
Quantity:
Quantity:
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
buffer mitigation?
X
El Yes ❑ No
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.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(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
1a.
Does the project include or is it adjacent to protected riparian buffers identified
within one of the NC Riparian Buffer Protection Rules?
❑ Yes ❑X No
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?
2b.
Does this project require a Stormwater Management Plan?
❑ Yes ❑X 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:
2e.
Who will be responsible for the review of the Stormwater Management Plan?
3.
Certified Local Government Stormwater Review
3a.
In which localgovernment's jurisdiction is thisproject?
3b.
Which of the following locally -implemented stormwater management programs
apply (check all that apply):
❑ Phase II
❑ NSW
❑ USMP
❑ Water Supply Watershed
❑ Other:
3c.
-Has the approved Stormwater Management Plan with proof of approval been
attached?
❑ Yes ❑ No
4.
DWQ Stormwater Program Review
4a.
Which of the following state -implemented stormwater management programs apply
(check all that apply):
❑Coastal counties
❑HQW
❑ORW
❑Session Law 2006-246
[-]Other:
4b.
Has the approved Stormwater Management Plan with proof of approval been
attached?
❑ Yes ❑ No
5. DWQ 401 Unit Stormwater Review
5a.
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b.
Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 8 of 10
PCN Form — Version 1.4 January 2009
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. 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
letter.)
❑ Yes
❑ No
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
No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after -the -fact permit application?
❑ Yes
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. Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes
❑X 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.
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.
Page 9 of 10
PCN Form — Version 1.4 January 2009
S. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
habitat?
❑ Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act
Yes Qx 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?
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ❑X No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
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
National
[� Yes No
status (e.g., 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?
Used Mapping tool found at "www hpo dcr state.nc us"
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 100 -year floodplain?
❑x Yes (] No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination?
Garry A. Whisnant
03-08-2017
Applicant/Agent's Printed Name
Appl4brIttAgerifs Signature
bate
(Agent's signature Is valid only If an authorization
letter from the aeplicant isprovided)
Page 10 of 10
Attachment 1. Vicinity map for the proposed location of the temporary
utility line for water withdrawal from the French Broad River.
0 6 1.2 1.s 2 �i
USGS Skyland (NC) Quadrangle It-, DUKE
*'ENERGY,
1:24K/25K 1:100,000 ?ROGR
Attachment 2. Site plan map for the proposed location of the temporary
utility line for water withdrawal from the French Broad River.
1
0 0.0s OAS 0.27 0.36 0.45 mi
til= -S . 929
G=-0.902
fA
USGS Skyland (NC) Quadrangle f
ENERGY,
1:24K/25K 1:25,000 :,,„
M 4I, k Cti1
X o +J, -M ^ W A� r i ..TCt J T7 � i��,.T •T. t,.-e! t �y''1 i�'F!/N...f�' .
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_
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID: 2014-00189 County: Buncombe U.S.G.S. Quad- Skvland
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner: Duke Enerev Carolinas. LLC J Attn.: Steve Cahoon
Address: 410 S. Wilmin tg_on Street
Raleiah, NC 27601
Telephone Number: 919-546-7457
Size (acres): 325 Nearest Town: Arden
Nearest Waterway: UTs French Broad River Coordinates: 35.471422 N, 82.542514 W
River Basin/ HUC: UPPer French Broad (06010105)
Location description: The Project site is located on a tract of land (P1Ns 9644-65-1854.96144-24-6817 9644-42-8177
9644-51-3806, %44-73-3197, 9654-06-6850. and 9645-90-0001) known as the Duke Enerev Asheville Plant Site at 200
CP&L Drive in Arden Buncombe Countv, North Carolina
Indicate Which of the Following AnNy:
A. Preliminary Determination
_ Based on preliminary information, there may be wetlands on the above describedproperty. 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 Process (Reference 33 CFR Part 331). 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 Cotes to reevaluate the JD.
B. Approved Determination
_ There are Navigable Waters of the United States within the above described property 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.
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 § 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.
_ We strongly suggest you have the 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 wetlands on your project area 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 rive years.
X The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat
signed by the Corps Regulatory Official identified below on May 19, 2016. 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.
_ There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the
permit requirements of Section 404 of the Clean Water Act (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.
The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA). You should contact the Division of Coastal Management 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 David Brown at 828-271-7980, ext. 232 or
david.w.brown@usace.army.mil.
C. Basis for Determination:
The site contains wetlands as determined by the 1987 Corps of Engineers {Vetland Delineation Manual and the
Regional Supplement to the Corps of Engineers Wetlands Delineation Manual: Eastern Mountain and Piedmont
Region, Version 2.0. These wetlands are abutting to streams that exhibit indicators of ordinary high water marks, some
of the streams are blue line features on the USGS 7.5 minute topographic quadrangle map, and all have perennial
flow. The stream channels on the site are unnamed tributaries (UTs) of the French Broad River., The UTs of the
French Broad River, relatively permanent waters (RPW), flow into the French Broad River, a traditional navigable
water (TNW) and Section 10 water, which merges with the Holston River to form the Tennessee River. The
Tennessee River flows into the Ohio River then to the Mississippi River before entering the Gulf of Mexico.
D. Remarks:
The waters of the U.S. (WoUS), at this site, were verified on-site by the Corps on September 18, 2015. The attached
Figure 6 (Revised Jurisdictional Waters Map, prepared March 4, 2016) provides the approximate location of WoUS at
the site and indicates the limits of the study area for this jurisdictional determination. WoUS for the site are as
depicted on the attached Asheville Wetland Maps (Sheets 0 through 20), surveyed by Chad T. Howard, PSL, and
dated March 14, 2016, of Taylor Wiseman and Taylor. All figures were submitted by AMEC Foster Wheeler.
NOTE: Lake Julian (an impoundment of WoUS) and the French Broad River were not part of the study area. It should
be noted these features adjoin the study area and are WoUS.
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 deIineatiort/determination may not be valid for the ,%etland 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 determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Pan 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
Aun: Jason Steele, Review Officer
60 Forsyth Street SW, Room IOM15
Atlanta, Georgia 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 pan 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 by July 18, 2016.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence's
Corps Regulatory Official; i -
David Brown
Issue Date of JD. Mav 19, 2015 Expiration Date: Five years from Issue Date
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure %ve
continue to do so, please complete our Customer Satisfaction Survey, located online at
htt ;/-/Mgulatorv.uWesurvey QM
Copy famished:
AMEC Foster Wheeler, Attn.: Richard Harmon, 4021 Stirrup Creek Drive, Suite 100, Durham, NC 27703
Applicant: Duke Energy Carolinas, LLC/Attn.: Steve File Number: SAV -2014-00189 Date: May 19, 2016
Cahoon
Attached is:T_�--
See Section below
Ell INITIAL PROFFEREDPERMiT (Standard Permit or Letter of pem�ission) A
01 PROFFERED PERMIT (Standard Permit or Letter ofpermission) B
-01 PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION
SECTION I -The-following i8entifies your ights and options regarding an administrative appeW'ofthe above deaKoii.
Additional information maybe foun8at htt !twtivw�Gsace.arm� mil ?v�issiDn lCivilWor s.{Re ulat _aPrtK,'raimdPerm1U.asox of
Cors relations at 38 GFR Part 33 l _
A: VNITIAL 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 wort: 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 li 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 %gill
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 terns 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 11 of
this form and sending the form to the division engineer. This form must be received by the division engineer «ithin 60 days
of the date of this notice,
C: PERh1iT 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 )ou 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 bN the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERNIINATION: 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:- 1JESTFOR.APPEAL or OBJECTIONS TO AN1NIMA'I. HROMREDPBRMIT
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.
ROI150MF CONE XC tTTZUR QUESTRIONS 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, Mr. Jason Steele, Administrative Appeal Review Officer
Attn: David Broti�n CESAD-PDO
828-271-7980 U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 10M 15
Atlanta, Georgia 30303-8801
Phone: (104) 562-5137
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 aCEellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn.: David Brown, 69 Darlington Avenue, Wilmington,
North Carolina 28.103
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: (404) 562-5137
� o 1 `f C.yc-c,vfi L) "J
U.S. ARMY CORPS OF ENGINEERS
NNUMINGTON DISTRICT
Action ID. 2007-04111 (re-verification/extension) County: Buncombe
GENERAL, PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Carolina Power and Light Co. d/b/a Pro cess Energy Carolinas
Attn: Mr. Garry Whisnant
Address: 200 CP&L Drive
Arden. NC 28704
Telephone No.: f828) 687-5201
Size and location of property (water body, road name/number. town, etc.): The project is located at the
Asheville Steam Electric Plant on CP&L Drive in Arden Buncombe County North Carolina
Coordinates for the site are 35.4735 north and 82.5539 west.
Description of projects arca and activity: This verification supersedes the original issued on January
25, 2008. The permittee is authorized to temporarily extend the reach of the existing intake pumps
dunne drought/low flow conditions. This flexible line will be 12 -inches in diameter and will extend
no more than 20 feet from the bank into the river at the location of the existing pump intake
structure. Two diesel driven pumps will not be placed in waters of the U.S.; they will be placed
adtacent to the existing intake Pumps in the uplands The maximum withdrawal rate of the
temporary Pumps will be 10,000 epm The end of the line will be secured by weights and will be
covered with a mesh screen (mesh size approximately 1 em) in order to reduce impacts to fish and
deter debris from entering the line.
Applicable Iaw: ® Section 404 (Clean 'Water Act, 33 USC 1344)
® Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General permit Number:
Nationwide Permit Number: 12
Additional Remarks andror Special Permit Conditions: All comments/conditions of the attached North
Carolina Wildlife Resources Commission letter dated April 10, 2012 are hereby incorporated as
special conditions of this permit,
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached conditions and your plans submitted on April 3, 2012. Any violation of the attached conditions or
deviation from your submitted plans may subject the permittee to a stop work order, a restoration order 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. I& 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 perm'it'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 KC Division of Water Quality (telephone (919) 807-6300) to determine
Section 401 requirements. You may also visit their website ath��;t/taottai.ncdenr orelwe Cw /swotwsfw�_ ebscaoa
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 Tasha McCormick 28-271-7980.
Corps Regulatory Official Taslta McCormick % Date: March 13, 2014
Expiration Date of Verification: March 18, 2017
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 the Customer Satisfaction Survey located at our website at
bttp:!/per2.nwp.usace.atmv.tnillsurvey btml, to complete the survey online.
X11
Sa�A)
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
ID. 2007-04111 (re -verification) County: Buncombe
MAY — 7 �RiN i
RJ+( PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Rt?GA �KvKTer/Au orized Agent: Carolina Power and Light Co. d/b/a Progress Energy Carolinas
ASHE""LAW Attn: Mr. Garry Whisnant
Address: 200 CP&L Drive
Arden, NC 28704
Telephone No.: (828) 687-5201
Size and location of property (water body, road name/number, town, etc.): The proiect is located at the
Asheville Steam Electric Plant on CP&L Drive in Arden Buncombe County, North Carolina.
Coordinates for the site are 35.4735 north and 82.5539 west.
Description of projects area and activity: This verification supersedes the original issued on January
25, 2008. The permittee is authorized to temporarily extend the reach of the existing intake pump
during drought/low flow conditions. This flexible line will be 12 -inches in diameter and will extern
no more than 20 feet from the bank into the river at the location of the existing pump intake
structure. Two diesel driven pumps will not be placed in waters of the U.S.; they will be placed
adjacent to the existing intake pumps in the uplands. The maximum withdrawal rate of the
temporary pumps will be 10,000 ppm. The end of the line will be secured by weights and will be
covered with a mesh screen (mesh size approximately I cm) in order to reduce impacts to fish and
deter debris from entering the line.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
® Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 12
Additional Remarks and/or Special Permit Conditions: All comments/conditions of the attached North
Carolina Wildlife Resources Commission letter dated April 10, 2012 are hereby incorporated as
special conditions of this permit.
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached conditions and your plans submitted on April 3, 2012. Any violation of the attached conditions or
deviation from your submitted plans may subject the permittee to a stop work order, a restoration order 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 (919) 807-6300) to determine
Section 401 requirements. You may also visit their website at: httR-.,,ipotial.ng:denr.org/web,'MM/sn,�ws!wcbscai)c
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.Managetrt_ent.
"I
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.
i,
If there are any questions regarding this verification, any of the conditions of the Permit,or-the Corps of
Engineers regulatory program, please contact Tasha McCormick at 828-271-7980.
Corps Regulatory Official Tasha McCormick Date: May_3, 912
Expiration Date of Verification: May 3, 20I4
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 the Customer Satisfaction Survey located at our website at
h(tR:HRer2.nwp.usace.anny.mil/survey.htmi to complete the survey online.
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. ED 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
Basis of Jurisdictional Determination: The stream channel/river on the property is the French Broad River. The
French Broad River is located within the French Broad -Halston 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.
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.
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 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 I OM 15
Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
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
days from 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.* *
Corps Regulatory Official: T4sha McCormick
Issue Date: May 3.2012 Expiration Date: Five years from Issue Date
Permit Number: 2007-04111 (re -verification)
Permit Type: NW12
Name of County: Buncombe
Name of Permittee: Carolina Power and Light Co. d/b/a Progress Energy Carolinas
Attn: Mr. Garry Whisnant
Date of Issuance: May 3, 2012
Project Manager: Tasha McCormick
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:
U.S. Army Corps of Engineers
Attention: 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 an U.S. Army
Corps of Engineers representative. If you fail to comply with this permit you are subject to
permit suspension, modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and conditions of the said permit, and required mitigation was
completed in accordance with the permit conditions.
Signature of Permittee Date
N.QTIFICATION OF ADMINISTRATrVF APPEAL OpiIONS AND PPOC'ESS AND
RL Q UE ST FOR APPEAL
Applicant: Carolina Power and Light Co.
File Number: 2007-04111 (re-
Date: May 3, 2012
d/b/a Progress Energy Carolinas, Attn: Mr.
verification)
Garry Whisnant
Attached is:
See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of
A
permission)
PROFFERED PERMIT (Standard Permit or Letter ofpermission)
B
PERMIT DENIAL
C
X 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.rnil/inct/functions/cw/ceewo/reg or
Co s regulations at 33 CFR Part 331.
A: INITIAL. PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: Ifyou 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 11 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 11 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 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 division 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 appeal
If you only have questions regarding the appeal process you may
process you may contact:
also contact:
Tasha McCormick, Project Manager
Mr. Jason Steele, Administrative Appeal Review Officer
USACE, Asheville Regulatory Field Office
CESAD-PDO
151 Patton Ave
RM 208
U.S. Army Corps of Engineers, South Atlantic Division
Asheville, NC 28801
60 Forsyth Street, Room I OM 15
Atlanta, Georgia 30303-8801
828-271-7980
Phone: (404) 562-5137
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 oragent.�
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Tasha McCormick, 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 1OM15, Atlanta, Georgia 30303-
8801. Phone: (404) 562-5137
e North Carolina Wildlife ResourcesCommission :=M,
as �.
Gordon Myers, Executive Director
April 10, 2012
Ms. Tasha McCormick
U.S. Army Corps of Engineers, Regulatory Branch
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
SUBJECT: Progress Energy Carolinas Nationwide 12 Permit
Temporary water intake in French Broad River, Buncombe County
Dear Ms. McCormick:
Mr. Gary Whisnant of Progress Energy Carolinas requested a renewal of a 404 Permit issued in 2008 for
the placement of a temporary water line and intake screen in the French Broad River during drought.
Comments from the WRC on this are offered for your consideration under provisions of the Clean Water
Act of 1977 (33 U.S.C. 466 et. seq.) and the Fish and Wildlife Coordination Act (48 Stat. 401, as
amended; 16 U.S.C. 661-667d).
The project should -not harm trout. The WRC has no major concerns with the renewal of this permit
provided the intake is constructed and used as described in the application.
Thank you for the opportunity to review and comment on this project. Please contact me at (828) 452-
2546 extension 24 if you have any questions about these comments.
Sincerely,
`v4 K
Dave McHenry
Mountain Region Coordinator, Habitat Conservation Program
cc: Mr. Gary Whisnant, Carolina Power & Light Company, Progress Energy Carolinas
Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh, NC 27699-1721
Telephone: (919) 707-0220 - Fax: (919) 707-0028
1 -� SaLq-rJ
Beverly Eaves Perdue
Governor
May 14, 2012
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Charles Wakild, RE.
Director
Carolina Power and Light Co. d/b/a Progress Energy Carolinas
Attn: Garry Whisnant
200 CP & L Drive
Arden, NC 28704
L) w, 9 -
D[g@M0
M AY 1 7 2012
PROGRESS ENERGY
Subject: Activities Deemed Certibed
Progress Energy Asheville Plant Drought Contingency Piping
DWQ Project # 12-0339
Buncombe County
French Broad / French Broad River / 6 — (54.5) / "B"
Dear Mr. Whisnant:
Dee
Dee Freeman
The Division of Water Quality (Division) has completed the review of the 401 Water Quality Certification
application associated with the project listed above.
It has been determined that the subject project does not require written concurrence from the Division and is
deemed certified, if the conditions required by Water Quality Certification No. 3884 are followed (attached). In
addition, you should obtain or otherwise comply with any other required federal, state or local permits before
proceeding with the project, including (but not limited to) Erosion and Sediment Control regulations.
This letter completes the review of your application by the Division under Section 401 of the Clean Water Act.
If you have any questions, please contact Tim Fox in the Asheville Regional Office at 828-296-4664.
Sincerel ,
Chuck Cranord, Regional Supervisor
Surface Water Protection
Asheville Regional Office
Enc.
cc: USACE Asheville Regulatory Field Office
WeBSCaPe Unit
ARO File Copy
Location 2090 U S Highway 7m= 8wanna wa Nortf
Phone 828-29&45M FAX 828 299 7043
ntemet ti A w ncuaterqua ty o(g
S \SWP'@uncombe',401 s\Non•DOT" DMD.4011'empWater[ntakeDroughlPiping5 2012 doc
NorthCarolina
lasao- N
Moorhead, Laurie
From: Bryson, Robin R.
Sent: Friday, November 13, 2009 11.18 AM
To: Moorhead, Laurie
Cc: Whisnant, Garry; Holt, Fred, Langley, Shannon
Subject: FW: NW12 Authorization Extension Request
Laurie, please put a copy of this email in your file with the original permit. Your
temporary pipe installation permit now expires January 2011.
-----Original Message -----
From: Hair, Sarah E SAW [mailto:Sarah.E.Hair@usace.army.mil]
Sent: Thursday, November 12, 2009 4:14 PM
To: Bryson, Robin R.
Subject: RE: NW12 Authorization Extension Request
Robin,
Thank you for your email regarding the CP&L/Progress Energy Nationwide Permit
12 Action ID SAW -2007-04111.
This email serves as notification that the permit expiration date of January 25, 2010 is
hereby extended until January 25, 2011.
All conditions of the original permit remain, including any conditions outlined in the NCWRC
letter dated December 14, 2007 (attached to the original permit).
Please contact me with any additional questions you may have.
Thank you,
Liz Hair
Regulatory Specialist
Asheville Regulatory Field Office
U.S Army Corps of Engineers -Wilmington District
151 Patton Ave, Room 208
Asheville, NC 28805
828-271-7980 x.232
sarah.e.hairf)usace.armv.mil
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 the Customer Satisfaction Survey located at our website at
htto://regulatory.usacesurvey.com/ to complete the survey online.
-----Original Message -----
From: Bryson, Robin R. [mailto:robin.bryson@pgnmail.com]
Sent: Thursday, November 12, 2009 4:07 PM
To: Hair, Sarah E SAW
Cc: Moorhead, Laurie; Whisnant, Garry; Langley, Shannon; Holt, Fred
Subject: NW12 Authorization Extension Request
I -LS-AD-N
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. 2007-04111 County: Buncomb U u1 FEB zoos
GENERAL PERIMIT (REGIONAL AND NATIONWIDE) VERI f ICATI
Property Owner / Authorized Agent: Carolina Power and Light Co. d/b/a Progress Energy Carolinas
Attn: AIr. Garry Whisnant
Address: 200 CP&L Drive
Arden. NC 28704
Telephone No.: (828) 687-5201
Size and location of property (water body, road name/number, town, etc.): The proiect is located at the
Asheville Steam Electric Plant on CP&L Drive in Arden Buncombe County North Carolina. -
Coordinates for the site are 35.4735 north and 82.5539 west.
Description of projects area and activity: The permittee is authorized to temporarily extend the reach
of the existing intake pumps during drought/low flow conditions This flexible line will be 12 inches
to diameter and will extend no more than 20 feet from the bank into the river at the location of the
existing pump intake structure. Two diesel driven pumps will not be placed in waters of the U.S.;
thev will be placed adjacent to the existing intake pumps in the uplands The maximum withdrawal
rate of the temporary pumps will be 10,000 cpm The end of the line will be secured by weights and
will be covered with a mesh screen (mesh size approximately 1 em) in order to reduce impacts to
fish and deter debris from enterine the line
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
® Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 12
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached conditions, the attached letter from the North Carolina Wildlife Resources Commission, and your submitted
plans. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to
a stop work order, a restoration order 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 -rase 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 (919) 733-1786) to determine
Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (LAMA), 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.
.2-
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of
Engineers regulatory program, please contact Lori Beckwith at 828-271-7980.
Corps Regulatory Official Lori Beckwith Date: January 25, 2008
Expiration Date of Verification: January 25, 2010
-3 -
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 33I ).
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 arc 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
Basis of Jurisdictional Determination: The stream channel/river on the property is the French Broad River. The
French Broad River is a Section 10 water.
Appeals Information:IThis information does not apply to preliminary determinations as indicated by paragraph A.
above).
Attached to this verification is an approved jurisdictional determination, If you are not in agreement with that
approved jurisdictional determination, you can make an administrative appeal under 33 CFR 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:
District Engineer, Wilmington Regulatory Program
Attn: Lori Beckwith, Project Manager
151 Patton Avenue, Room 208
Asheville, North Carolina 28801
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
days from the Issue Dare 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.**
Corps Regulatory Official: _Jori Beckwith
Issue Date: January 25. 2008
Expiration Date: Five years from Issue Dare
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC.,
MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE,
Copy Furnished:
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 visit http:.'rlregulatory.usacesurvey.com/ to complete the survey online.
Permit Number: 2007-04111
Permit Type: NW12
Name of County: Buncombe
Name of Permittee: Carolina Power and Light Co. d/b/a Progress Energy Carolinas
Attn: Mr. Garry Whisnant
Date of Issuance: January 25, 2008
Project Manager: Lori Beckwith
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:
U.S. Army Corps of Engineers
Attention: CESAW-RG-A
151 Patton Avenue, Room 208
Asheville, North Carolina 28841-5006
Please note that your permitted activity is subject to a compliance inspection by an U.S. Army
Corps of Engineers representative. If you fail to comply with this permit you are subject to
permit suspension, modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and conditions of the said permit, and required mitigation was
completed in accordance with the permit conditions.
Signature of Permittee _ Date
Applicant: Carolina Power and Light Co. File Number: 2007-04111 Date: January 25, 2008
d/b/a Progress Energy Carolinas, Attn: Mr.
Garry Whisnant
Attached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of A
ermission)
PROFFERED PERMIT (Standard Permit or Letter ofpermission) B
PERMIT DENIAL C
X APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I - The following identifies your ritEs and options regarding an admizistrative`appe, o the`above
decision. Additional information maybe found at 21ttn:'/`%N1W r:usace.army.mil�",inet/,functions/e,�vlceewo reg or
CoMs regulations at 33CFZ 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 lI 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 division 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 H - RFQUEST 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 COZi ACT FOR URSTIOivS OR INFORMATION: -
If you have questions regarding this decision and"or the If you only have questions regarding the appeal process
appeal process you may contact: you may also contact:
Lori Beckwith, Project Manager Mr. Michael F. Bell,
USACE, Asheville Regulatory Field Office Administrative Appeal Review Officer
151 Patton Ave, Room 208 CESAD-ET-CO-R
Asheville, NC 28806 U.S. Army Corps of Engineers, South Atlantic Division
828-271-7980 60 Forsyth Street, Room 9M15
Atlanta, Geor *ia 303Q3-$801
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
inur-etinof;nne
Date: I Telephone number:
Signature of appellant or
For appeals on Initial Proffered Permits and approved Jurisdictional Determinations send
this form to:
District Engineer, Wilmington Regulatory Division, Attn:Lori Beckwith, Project Manager,
Asheville Regulatory Field Office, 151 Patton Avenue, Room 208, Asheville, NC 28801.
For Permit denials and Proffered Permits send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr.
Mike Bell, Administrative Appeal Officer, CESAD-ET-CO-R, 60 Forsyth Street, Room
9M15, Atlanta, Georgia 30303-8801
P
Attachment 1. Vicinity map for the proposed location of the temporary
utility line for water withdrawal from the French Broad River.
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- M=-5.929
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Attachment 2. Site plan map for the proposed location of the temporary
utility line for water withdrawal from the French Broad River.
s
1
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USGS Skyland (NC) Quadrangle
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�� ProgessEnergy
® North Carolina Wildlife Resources Commission
December 14, 2007
Ms. Loretta Beckwith
U.S. Army Corps of Engineers, Regulatory Branch
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
SUBJECT: Carolina Power & Light Company, Progress Energy Carolinas Nationwide 12 Permit
Application
Temporary utility line water intake — French Broad River
Buncombe County
Dear Ms. Beckwith:
Mr. Gary Whisnant of Carolina Power & Light Company, Progress Energy Carolinas requested a letter of
concurrence from the North Carolina Wildlife Resources Commission (Commission) for a 404 Permit
from the U.S. Army Corps of Engineers (ACOE). Continents from the Commission are provided under
provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et. seq.) and the Fish and Wildlife
Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d).
The project involves placement of a temporary water intake pipe in the French Broad River at the existing
intake for the Asheville Steam Plant. The structure would be used intermittently for make-up water should
the river stage fall below the critical level for the permanent intake. A screen with 1 cm openings will be
attached to help exclude fish and debris.
The project should not harm trout.
The Commission can concur with the permit for this project if the intake is constructed and operated as
described in the application.
Thank you for the opportunity to review and comment on this project. Pending availability of field staff,
the Commission may inspect the work site during or after construction. If there are any questions
regarding these comments, please contact me at (828) 452-2546 extension 24.
Sincerely,
Dave McHenry
Mountain Region Coordinator, Habitat Conservation Program
cc: Mr. Gary Whisnant, Carolina Power & Light Company, Progress Energy Carolinas
Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh, NC 27699-1721
Telephone: (919) 707-0220 - Fax: (919) 707-0028
North Carolina Wildlife Resources Commission
December 14, 2007
Ms. Loretta Beckwith
U.S. Army Corps of Engineers, Regulatory Branch
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
SUBJECT: Carolina Power & Light Company, Progress Energy Carolinas Nationwide 12 Permit
Application
Temporary utility line water intake — French Broad River
Buncombe County
Dear Ms. Beckwith:
Mr. Gary Whisnant of Carolina Power & Light Company, Progress Energy Carolinas requested a letter of
concurrence from the North Carolina Wildlife Resources Commission (Commission) for a 404 Permit
from the U.S. Army Corps of Engineers (ALOE). Comments from the Commission are provided under
provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et. seq.) and the Fish and Wildlife
Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d).
The project involves placement of a temporary water intake pipe in the French Broad River at the existing
intake for the Asheville Steam Plant. The structure would be used intermittently for make-up water should
the river stage fall below the critical level for the permanent intake. A screen with I cm openings will be
attached to help exclude fish and debris.
The project should not harm trout.
The Commission can concur with the permit for this project if the intake is constructed and operated as
described in the application.
Thank you for the opportunity to review and comment on this project. Pending availability of field staff,
the Commission may inspect the work site during or after construction. If there are any questions
regarding these comments, please contact me at (828) 452-2546 extension 24.
Sincerely,
Dave McHenry
Mountain Region Coordinator, Habitat Conservation Program
cc: Mr. Gary Whisnant, Carolina Power & Light Company, Progress Energy Carolinas
Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh, NC 27699-1721
Telephone: (919) 707-0220 - Fax: (919) 707-0028