20150998 Ver 3_USACE Permit_20180924

Strickland, Bev
From: McLendon, C S CIV USARMY CESAW (US) <[e-mail]>
Sent: Monday, September 24, 2018 5:06 PM
To: Cahoon, Steve
Cc: Wicker, Henry M Jr CIV USARMY CESAW (US); Reusch, Eric G CIV USARMY CESAW
(US); Huggett, Doug; Higgins, Karen
Subject: [External] Berm Construction at Sutton Lake Intake Canal
Attachments: Berm Plans.pdf, Sutton Road.pptx; Special Conditions Duke Energy Sutton Plant.docx
CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an
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Mr. Cahoon:
The Wilmington Regulatory Division has received Duke Energy Progress LLC Emergency Permit request to construct a 6
foot rock emergency weir upstream of a breach located within the intake canal to isolate the Sutton Cooling Pond from
the Cape Fear River. You have also requested to begin construction of the emergency weir on September 24, 2018 as
the window to complete construction prior to river levels potentially draining large portion of the Cooling Pond is 24 to
48 hours based on current NOAA forecast. We have reviewed your request and determined that it meets the
Emergency Permit requirements. Your proposal is authorized as an Emergency Individual Permit (ORM) Action ID SAW -
2018-01861. It is our understanding that NC Division of Coastal Management Consistency review or waiver and the NC
Division of Water Resources Water Quality Certification will be coming today. Please read the attached permit general
and special conditions. You must comply with these terms and conditions to utilized the emergency permit.
If you have any questions concerning this authorization I may be contacted at the number below or Mr. Henry Wicker at
910 2514930.
Scott McLendon
Chief, Regulatory Division
Wilmington District Corps of Engineers
910-251-4952
[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 our website at
http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0
to complete the survey online.

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Permit Conditions for ORM ID # SAW -2018-01861 Duke Energy Sutton Plant Weir
General Conditions:
1. The time limit for completing the work authorized ends on December 31, 2018. If you
find that you need more time to complete the authorized activity, submit your request for
a time extension to this office for consideration at least one month before the above
date is reached.
2. You must maintain the activity authorized by this permit in good condition and in
conformance with the terms and conditions of this permit. You are not relieved of this
requirement if you abandon the permitted activity, although you may make a good faith
transfer to a third party in compliance with General Condition 4 below. Should you wish
to cease to maintain the authorized activity or should you desire to abandon it without a
good faith transfer, you must obtain a modification of this permit from this office, which
may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while
accomplishing the activity authorized by this permit, you must immediately notify this
office of what you have found. We will initiate the Federal and state coordination
required to determine if the remains warrant a recovery effort or if the site is eligible for
listing in the National Register of Historic Places.
4. If you sell the property associated with this permit, you must obtain the signature of
the new owner in the space provided and forward a copy of the permit to this office to
validate the transfer of this authorization.
5. If a conditioned water quality certification has been issued for your project, you
must comply with the conditions specified in the certification as special conditions to this
permit.
6. You must allow representatives from this office to inspect the authorized activity at
any time deemed necessary to ensure that it is being or has been accomplished in
accordance with the terms and conditions of your permit,
Special Conditions.
1. Congressional Authorities: You have been authorized to undertake the activity
described above pursuant to:
( ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
( X ) Section 404 of the Clean Water Act (33 U.S.C. 1344).
( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972
(33 U.S.C. 1413).

2. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, state, or local
authorizations required by law.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal
project.
3. Limits of Federal Liability. In issuing this permit, the Federal Government does not
assume any liability for the following:
a. Damages to the permitted project or uses thereof as a result of other permitted or
unpermitted activities or from natural causes.
b. Damages to the permitted project or uses thereof as a result of current or future
activities undertaken by or on behalf
of the United States in the public interest.
c. Damages to persons, property, or to other permitted or unpermitted activities or
structures caused by the activity
authorized by this permit.
d. Design or construction deficiencies associated with the permitted work.
e. Damage claims associated with any future modification, suspension, or
revocation of this permit.
4. Reliance on Applicant's Data: The determination of this office that issuance of this
permit is not contrary to the public interest was made in reliance on the information you
provided.
5. Reevaluation of Permit Decision. This office may reevaluate its decision on this
permit at any time the circumstances warrant. Circumstances that could require a
reevaluation include, but are not limited to, the following:
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to have
been false, incomplete, or inaccurate (See 4 above).

c. Significant new information surfaces which this office did not consider in reaching the
original public interest decision.
Such a reevaluation may result in a determination that it is appropriate to use the
suspension, modification, and revocation procedures contained in 33 CFR 325.7 or
enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The
referenced enforcement procedures provide for the issuance of an administrative order
requiring you to comply with the terms and conditions of your permit and for the initiation
of legal action where appropriate. You will be required to pay for any corrective
measures ordered by this office, and if you fail to comply with such directive, this office
may in certain situations (such as those specified in 33 CFR 209.170) accomplish the
corrective measures by contract or otherwise and bill you for the cost.
6. Extensions. General condition 1 establishes a time limit for the completion of the
activity authorized by this permit, Unless there are circumstances requiring either a
prompt completion of the authorized activity or a reevaluation of the public interest
decision, the Corps will normally give favorable consideration to a request for an
extension of this time limit.
Special Conditions:
7. WORK LIMITS: All work authorized by this permit shall be performed in strict
compliance with the attached permit plans dated September 21, 2018, which are a part
of this permit. The Permittee shall ensure that the construction design plans for this
project do not deviate from the permit plans attached to this authorization. Any
modification to the attached permit plans must be approved by the U.S. Army Corps of
Engineers (Corps) prior to any active construction in waters or wetlands.
8. UNAUTHORIZED DREDGE OR FILL: Except as authorized by this permit or any
Corps -approved modification to this permit, no excavation, fill or mechanized land -
clearing activities shall take place at any time in the construction or maintenance of this
project, within waters or wetlands. This permit does not authorize temporary placement
or double handling of excavated or fill material within waters or wetlands outside the
permitted area. This prohibition applies to all borrow and fill activities connected with
this project.
9. PERMIT DISTRIBUTION: The Permittee shall require its contractors and/or agents
to comply with the terms and conditions of this permit in the construction and
maintenance of this project, and shall provide each of its contractors and/or agents
associated with the construction or maintenance of this project with a copy of this
permit. A copy of this permit, including all conditions and drawings shall be available at
the project site during construction and maintenance of this project.
11 NOTIFICATION OF CONSTRUCTION COMMENCEMENT AND COMPLETION:
The Permittee shall notify the U.S. Army Corps of Engineers in writing prior to beginning

the work authorized by this permit and again upon completion of the work authorized by
this permit.
12. REPORTING ADDRESS: All reports, documentation and correspondence required
by the conditions of this permit shall be submitted to the following address: U.S. Army
Corps of Engineers, Regulatory Division, Wilmington Regulatory Field Office, 69
Darlington, North Carolina, 28403, and by telephone at: 910-251-4930. The Permittee
shall reference the following permit number, SAW -2018-01861, on all submittals.
13. PERMIT REVOCATION: The Permittee, upon receipt of a notice of revocation of
this permit or upon its expiration before completion of the work will, without expense to
the United States and in such time and manner as the Secretary of the Army or his
authorized representative may direct, restore the water or wetland to its pre -project
condition.
14. REPORTING VIOLATIONS: Violation of these permit conditions or violation of
Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act shall be
reported to the Corps in writing and by telephone at: 910-251-4930 within 24 hours of
the Permittee's discovery of the violation.
15. ENDANGERED SPECIES ACT: The Permittee shall implement all necessary
measures to ensure the authorized activity does not kill, injure, capture, harass, or
otherwise harm any federally -listed threatened or endangered species. While
accomplishing the authorized work, if the Permittee discovers or observes an injured or
dead threatened or endangered species, the U.S. Army Corps of Engineers, Wilmington
Field Office will be immediately notified to initiate the required Federal coordination.
16. MAINTAIN CIRCULATION AND FLOW OF WATERS: Except as specified in the
plans attached to this permit, no excavation, fill or mechanized land -clearing activities
shall take place at any time in the construction or maintenance of this project, in such a
manner as to impair normal flows and circulation patterns within waters or wetlands or
to reduce the reach of waters or wetlands.
17. SEDIMENT EROSION CONTROL:
A. During the clearing phase of the project, heavy equipment shall not be
operated in surface waters or stream channels. Temporary stream crossings will be
used to access the opposite sides of stream channels. All temporary diversion channels
and stream crossings will be constructed of non -erodible materials. Grubbing of riparian
vegetation will not occur until immediately before construction begins on a given
segment of stream channel.
B. No fill or excavation impacts for the purposes of sedimentation and erosion
control shall occur within jurisdictional waters, including wetlands, unless the impacts
are included on the plan drawings and specifically authorized by this permit. This

includes, but is not limited to, sediment control fences and other barriers intended to
catch sediment losses.
C. The Permittee shall remove all sediment and erosion control measures placed
in wetlands or waters, and shall restore natural grades on those areas, prior to project
completion.
D. The Permittee shall use appropriate sediment and erosion control practices
which equal or exceed those outlined in the most recent version of the "North Carolina
Sediment and Erosion Control Planning and Design Manual" to ensure compliance with
the appropriate turbidity water quality standard. Erosion and sediment control practices
shall be in full compliance with all specifications governing the proper design,
installation and operation and maintenance of such Best Management Practices in
order to ensure compliance with the appropriate turbidity water quality standards. This
shall include, but is not limited to, the immediate installation of silt fencing or similar
appropriate devices around all areas subject to soil disturbance or the movement of
earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the
project shall remain in full compliance with all aspects of the Sedimentation Pollution
Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). Adequate
sedimentation and erosion control measures shall be implemented prior to any ground
disturbing activities to minimize impacts to downstream aquatic resources. These
measures shall be inspected and maintained regularly, especially following rainfall
events. All fill material shall be adequately stabilized at the earliest practicable date to
prevent sediment from entering into adjacent waters or wetlands.
18. CLEAN FILL: The Permittee shall use only clean fill material for this project. The
fill material shall be free from items such as trash, construction debris, metal and plastic
products, and concrete block with exposed reinforcement bars. Soils used for fill shall
not be contaminated with any toxic substance in concentrations governed by Section
307 of the Clean Water Act. Unless otherwise authorized by this permit, all fill material
placed in waters or wetlands shall be generated from an upland source.
19. WATER CONTAMINATION: All mechanized equipment shall be regularly
inspected and maintained to prevent contamination of waters and wetlands from fuels,
lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum
products or any other hazardous waste, the Permittee shall immediately report it to the
N.C. Division of Water Quality at [phone] or [phone] and provisions of
the North Carolina Oil Pollution and Hazardous Substances Control Act shall be
followed.

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