20150717 Ver 2_USACE Permit_20170403

Homewood, Sue
From:
Sent:
To:
Cc:
Subject:
Attachments:
Steve,
Bailey, David E CIV USARMY CESAW (US) < [e-mail] >
Monday, April 03, 2017 3:24 PM
Cahoon, Steve
Homewood, Sue
RE: Dan River 48 inch Pipe; SAW -2015-01670
2015-01670 NWP 39 Reverification.pdf, 2017NWP39.pdf
I have attached the Nationwide Permit 39 re -verification including Special Conditions and terms and conditions for the above
referenced project to this email. Please let me know if you have any questions or would like a hard copy mailed to you.
Sincerely,
-Dave Bailey
David E. Bailey, PWS
Regulatory Project Manager
US Army Corps of Engineers
CE -SAW -RG -R
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Phone: [phone], Ext. 30.
Fax: [phone]
Email: [e-mail]
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 http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0.
-----Original Message -----
From: Cahoon, Steve [mailto:[e-mail]]
Sent: Monday, March 27, 2017 10:10 AM
To: Bailey, David E CIV USARMY CESAW (US)<[e-mail]>
Subject: [Non-DoD Source] Dan River 36 and 48 inch Pipes
David,
Per our discussion last week, Duke Energy received permits in September 2014 for work associated with a 36" pipe and in 2015 for
work associated with a 48' inch pipe. The intention of the projects were to keep uncontaminated stormwater from entering the
ash basin and pump the stormwater collected at these pipes to a stormwater outfall. The project is continuing
pumping/drawdown activities, both of these projects were approved under the Nationwide Permits that expired on March 18,
2017. There have been no changes associated with these projects, they continue to operate as permitted. They will continue to
operate in this mode until closure activities progress far enough into the future that they can be directly routed to a stormwater
outfall, or until a new outfall can be established specifically for stormwarter runoff from these areas. Based on the current
timeline for ash basin closure rerouting of the stormwater, or establishing a new outfall should be completed by 2022. Duke
Energy request's these projects be reauthorized under the new Nationwide permits. Below are the Action ID numbers for the
permits that have expired on projects still in progress.

Permits that require request for reauthorization to continue pumping/draw-down activities as permitted
48" - SAW -2015-01670 - Expiration 3/18/17
36" - SAW -2014-01477 - Expiration 3/18/17
Please let me know if you need any further information or have any questions.
Thanks,
Steve
Steve Cahoon
Duke Energy
EHS - CCP Permitting and Compliance
Office - [phone]
Cell - [phone]
[e-mail]

Re -verified 4/3/2017, Supersedes NWP 18 verification dated 9/24/2014
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW -2015-01670 County: Rockingham U.S.G.S. Quad: NC -SOUTHEAST EDEN
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Duke Energy Progress
Attn.: Steve Cahoon
Address: 410 S. Wilmington Street
Raleigh, NC 27601
Size (acres) 3.09 Nearest Town Eden
Nearest Waterway UT to Dan River River Basin Upper Dan. North Carolina, Virginia.
USGS HUC 3010103 Coordinates 36.489812 N, -79.717658 W
Location description: The proiect is located at the Duke Energy Dan River Steam Station on the northwest side of the existing
coal ash basins, approximately 0.2 mile southeast of the existing power generation plant.
Description of projects area and activity: The proposed Project includes a permanent discharge of fill material into .003 acre of
wetlands requiring the permanent conversion of 0.407 acre of wetlands and 448 linear feet of stream to open waters in order to
close a 48 inch corrugated metal pipe that flows under an existing coal ash basin. These impacts are necessary to remove
accumulated ash from the February 2, 2014 release from the same wetland areas currently proposed for impact.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Nationwide Permit Number: NWP 39 Commercial and Institutional Developments.
SEE 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 7/17/2015 (received 7/20/2015) and revised
information received 8/31/2014 via email. This authorization is reissued per e-mail request from the applicant on 3/27/2017
prompted by Special Condition 4 of Nationwide Permit 39 verification dated 9/14/2015. 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 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 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 program,
please contact David Bailey at [phone] X 30 or David.E.Bailey2na,usace.army.mil.
DIS Ilysigned by BAILEY.DAID.E.1329283>36
UN; r--US,:U.S. ­­-,
o� PKI, ou=USA,
BAIL EY.DAVID.E1329283236
Corps Regulatory Official: Date:2B12A,.031518:14-0PBB' Date: 4/3/2017
Expiration Date of Verification: 03/18/2022
Copy furnished:
Sue Homewood, NCDEQ-DWR, 450 W. Hanes Mill Rd, Suite 300, Winston-Salem, NC 27105

Special Conditions:
1) In order to compensate for impacts associated with this permit, mitigation shall be provided in
accordance with the provisions outlined on the most recent version of the attached Compensatory
Mitigation Responsibility Transfer Form. The requirements of this form, including any special
conditions listed on this form, are hereby incorporated as special conditions of this permit
authorization.
Note that the project is in compliance with this Special Condition per the Compensatory Mitigation
Responsibility Transfer Form countersigned on 10/7/2015.
2) Please note that future phases of pipe closures and other coal ash basin cleanup activities at the
Duke Energy Dan River Steam Station may be considered part of a single and complete project,
and impacts may be considered cumulative, with respect to compensatory mitigation and
Nationwide Permit thresholds, with impacts permitted during earlier phases authorized and
documented under Action IDs: SAW -2014-01477 and SAW -2015-01670.
3) Given that the authorized impacts will be in place for several years without an enforceable
timeline or restoration method, they are considered permanent with respect to impact type and
potentially for future phase compensatory mitigation requirements.
4) Please note that this Nationwide Permit authorization expires on 3/18/2022, and you must request
reauthorization for pumping/draw-down activities as permitted here -in if pre-existing conditions
are not restored in the subject wetland/stream complex by that date.
Digitally signed by
BAI LEY.DAVID.E.1379283736
DM c=US, o=US. Government,
c� Regulatory
(� 1 ou=PKI, ou=USA,
36
Corps regulatory Official: cn=B 20110.03151836-0 00
Date: 201 J 04.03 15:18:36 -04'00'
David E. Bailey
Expiration Date of Verification: 03/18/2022
Date: 4/3/2017

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Mitigation Responsibility Transfer Form
Permittee: Duke Energy Progress Action ID: SAW -2015-01670
Project Name: Dan River Steam Station — 48" Pipe Inlet Area Clean -Up County: Rockingham
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Ecosystem Enhancement Program (NCEEP), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to
ensure that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed
copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation
Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur
in more than one 8 -digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms
for each Sponsor and/or HUC must be provided to the appropriate mitigation Sponsors.
Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at
the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of
whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the
bank ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project
Manager, and the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply
with all reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements:
Permitted Impacts Requiring Mitigation* 8 -digit HUC and Basin: 03010103, Roanoke River Basin
Stream Impacts (linear feet) Wetland Impacts (acres)
Warm
Cool
Cold Riparian Riverine Riparian Non-Riverine Non -Riparian
Coastal
448
10.41
0.41
"It more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements: 8 -digit HUC and Basin: 03010103, Roanoke River Basin
Stream Mitigation (credits) Wetland Mitigation (credits)
Warm Cool
Cold Riparian Riverine
Riparian Non-Riverine Non -Riparian Coastal
448
10.41
Mitigation Site Debited: NCDMS (formerly NCEEP)
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCEEP, list NCEEP. If the NCEEP
acceptance letter identifies a specific site, also list the specific site to be debited).
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and/or advance credits for NCEEP), as approved by the USACE, are
currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the
required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigation Sponsor Name: Nk p AA -,S -
Name of1Spgnsor'Tui ha ized R���
epresentative: iU VV .LU R VTJ
X -7 () e- '121(f) 16
Authorized Representative Date of Signature
Page 1 of 2 Form Updated 12 September, 2014

USACE Wilmington District
Compensatory Mitigation Responsibility Transfer Form, Page 2
Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the
Permittee is no longer responsible for ,providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions.
• Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only
after the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has
accepted responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by
the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon
permit issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of
permit issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming
that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
• Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE
administrative records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure
that the USACE Project Manager (address below) is provided with a signed copy of this form.
• If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the USACE, the Sponsor must obtain case-by-case approval from the USACE Project Manager and/or North Carolina
Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District
guidance and a new version of this form must be completed and included in the USACE administrative records for both
the permit and the Bank/ILF Instrument.
Comments/Additional Conditions:
This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once
signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the
USACE Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell,
11405 Falls of Neuse Road, Wake Forest, NC27587 (email: [e-mail]). Questions regarding this form
or any of the permit conditions may be directed to the USACE Project Manager below.
USACE Project Manager: David Bailey
USACE Field Office: Raleigh Regulatory Field Office
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Email: David.E. [e-mail]
.`
Digit
, 1. ._All FYD At RFA 379221716
—00 DN c 15 o=L S Gcvernrl n ou=DoD, ou=PKI,
2-1 ou USA cn=BA LEY.DAVID E 1379283736
Dat e: 2015.09.1409:59:42-0400September 14, 2015
USACE Project Manager Signature Date of Signature
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at http://ribits.usace.ar ,.m.mii.
Page 2 of 2
The Wilmington District is committed to providing the highest level of support to the public. To he!o us ensure we continue to do so, please complete the
Custome- Satisfaction Survey !ocated ea e S tF. �, _ -� the survey online.

Determination of Jurisdiction:
A. ❑ There are waters, including wetlands, on the above described project area that may be subject to Section 404 of the Clean
Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary
determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part
331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further
instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an
approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any work
in waters of the United States and prior to any work that could alter the hydrology of waters of the United States.
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 (RHA) (33 USC § 403) and 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.
C. ❑ There are waters, including wetlands, within the above described project area that are 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 9/14/2015. Action ID: SAW -2015-01670.
Digitally signed . BAILEY ent, o .=Doo, 83736
ou=PK
DN: c=65, o=BAIL Government, ou=DOD, ou=PKI,
ou=USA, cn=BAILEY.DAVID.E.1379283736
Corps Regulatory Official: Date: 2017.04.0315:19:01-04'00'
David E. Bailey
Date of JD: 9/14/2015 Expiration Date of JD: 9/14/2020
The Wihnington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so,
please complete our customer Satisfaction Survey online at http://corpsmgpu.usace.army.mil/em apex/f?p=136:4:0.

Action ID Number: SAW -2015-01670 County: Rockingham
Permittee: Duke Energy Progress (attn: Steve Cahoon)
Project Name: Dan River Steam Station 36 inch pipe closure / Eden, Rockingham County / Duke Energy /
industrial
Date Verification Issued: 9/14/2015
Project Manager: David E. Bailey
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
attn: David E. Bailey
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee Date