20060553 Ver 1_COMPLETE FILE_20060330

0F W'4TF9 Michael F. Easley, Governor
Q
?0 G William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
0 Alan W. Klimek, P.E. Director
Division of Water Quality
May 16, 2006 1
DWQ Project # 06-0553
Wake County
Mr. Ray Davis
Carolina Power & Light Company dba Progress Energy Carolinas
P.O. Box 1891, TPP 18
Raleigh, NC 27602-1891
Subject Property: Milburnie-Mordecai 115kV Line Structure Maintenance
Crabtree Creek [030402, 27-33-(10), C, NSW]303d
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River
Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions
Dear Mr. Davis:
You have our approval, in accordance with the attached conditions and those listed below, to place fill'
within or otherwise impact 50 linear feet of perennial stream and 50 square feet (ft) of Zone 1 Neuse
River protected riparian buffer for the purpose of performing stream repair/restoration on Crabtree Cr ek
to protect existing overhead transmission line towe4r and guy at the subject property, as described within
your application dated March 16, 2006, which was received by the N.C. Division of Water Quality
(DWQ) on March 30, 2006, with more information received by the DWQ on May 5, 2006. After
reviewing your application, we have decided that the impacts are covered by General Water Quality
Certification Number(s) 3495 (GC3495). The Certification(s) allows you to use Nationwide Permit(s)
NW 13 when issued by the US Army Corps of Engineers (USACE). This letter shall also act as your
approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .0 33.
In addition, you should obtain or otherwise comply with any other required federal, state or local pe its
before you go ahead with your project including (but not limited to) Erosion and Sediment Control, an
Non-discharge regulations. Also, this approval to proceed with your proposed impacts or to cond ct
impacts to waters as depicted in your application shall expire upon expiration of the 404 or CA A
Permit.
This approval is for the purpose and design that you described in your application. If you change you11
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H.0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
401 Oversight/Express Review Permits Unit
1650 Mail Service Center, Ralegh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] / Internet: htto://h2o.enr.state.nc.us/ncwetlands
None Carolina
Naturally
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Carolina Power & Light Company dba Progress Energy Carolinas
Page 2 of 3
May 16, 2006
Amount Approved
Units Plan Location or Reference
Stream - perennial 50 linear feet PCN page 4 of 9
Buffer -Zone 1 50 (square ft. PCN page 8 of 9
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Pre-Construction Notification. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
4. Diffuse Flow
All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at
non-erosive velocities through the protected stream buffers such that it will not re-concentrate
before discharging into a stream as identified within 15A NCAC 2B .0233 (5). If this is not
possible, it may be necessary to provide stormwater facilities that are considered to remove
nitrogen. This may require additional approval from this Office.
5. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within these
boundaries approved under this authorization shall be clearly marked with orange warning
fencing (or similar high visibility material) for the areas that have been approved to infringe
within the buffer, wetland or water prior to any land disturbing activities to ensure compliance
with 15A NCAC 213 33 and GC 3402.
6. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters
is unavoidable, they shall be removed and the natural grade restored within six months of the date
that the Division of Land Resources has released the project.
Carolina Power & Light Company dba Progress Energy Carolinas
Page 3 of 3
May 16, 2006
7. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent. modifications, the applicant is required to return the attached
certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone Cyndi Karoly or Ian McMillan in the Central Office in
Raleigh at 919-733-1786 or Eric Kulz in the DWQ Raleigh Regional Office at 919-791-4200.
AWK/ijnt
Enclosures: GC 3495
Certificate of Completion
Sincerely,
Alan ?WKlim/e6k,P.4E.
cc: USACE Raleigh Regulatory Field Office
Eric Kulz, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
William T. Bryson, Progress Energy Service Company, 410 S. Wilimington Street, PEB 4A,
Raleigh, NC 27601
Filename: 060553ProgressEnergyMilbumieMordecai115kVMtce(Wake)101_NBR
OSS3
plc ! Fars End
May 5, 2006
Ms. Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center
Raleigh, NC 27604
Subject: Additional Information on Progress Energy's Proposed Maintenance on Milburnie -
Mordecai I I5kV Transmission Line
Dear Ms. Karoly:
In your letter of April 6, 2006, you requested additional information regarding Progress Energy's
application dated March 16, 2006, for the above proposed maintenance. Subsequently, Mr. Ian
McMillan and I discussed the work.
The following additional information is enclosed, in response to your letter and that telephone
conversation:
1. A section from the Raleigh East USGS quad map, showing the location of the
transmission structure that is threatened by streambank erosion.
2. An aerial photograph showing the structure adjacent to the stream bank.
3. A drawing, showing the approximate footprint of the structure.
4. Photographs, showing the relative location of the structure, and the extent of the
streambank erosion.
As shown on the enclosed drawing and photographs, all proposed work will be in Zone 1 of the
buffer. Work will be limited to restoring only the eroded streambank, filling in the eroded area
with soil, and topping that with fabric and a minimal amount of riprap to stabilize the slope and
prevent further erosion. There will be no cutting of existing vegetation.
As shown on the enclosed drawing, the approximate dimensions of the repair area are 12 feet
wide by 15 feet high (stream bank height). This area is somewhat smaller than originally
anticipated.
Please contact me if there are additional questions. Thank you again for your interest and help in
resolving this concern.
Very truly yours,
Icy ??Z S ?-?--
William T. Bryson
Lead Environmental Specialist
Environmental Services Sec o
Progress Energy Service Company, LLC v D
P 0. Box 1551
Halelgh, NC 27602 MAY 5 2006
UENR - WATER QUALITY
WETLANDS IM STCW_MATER BRANCH
TopoZone - The Web's Topographic Map Page 1 of 1
TerraServer Image Courtesy of the USGS
Image courtesy of the U.S. Geological Survey
© 2004 Microsoft Corporation. Terms of Use Privacy Statement
loft

http://terraserver-usa.comIPrintlmage.aspx?T=4&S=8&Z=17&X=14376&Y=79264&W=3&qs=%7cRal... 4/26/2006
0' '25 m of 125 yd
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View from stormwater outlet toward
structure (creek behind structure).
View of eroded streambank, taken from base of
structure, looking down streambank to creek.
View down right-of-way, wi
roughly parallel to the right
(stormwater outlet circled).
View of structure, with streambank
erosion immediately to right.
Images of Progress Energy's Proposed Maintenance Area Adjacent to Crabtree Creek
View from parking lot, with structure in
background and creek beyond.
OF WATF9Q Michael F. Easley, Governor
William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
.? Alan W. Klimek, P.E. Director
Division of Water Quality
April 6, 2006
DWQ Project # 06-0553
Wake County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Ray Davis
Carolina Power & Light Company dba Progress Energy Carolinas
P.O. Box 1891, TPP 18
Raleigh, NC 27602-1891
Subject Property: Progress Energy: Milburnie-Mordecai 115kV Line Maintenance
Crabtree Creek [030402, 27-33-(10), C, NSW]
REQUEST FOR MORE INFORMATION
Dear Mr. Davis:
On March 30, 2006, the Division of Water Quality (DWQ) received your application dated March 16,
2006, to impact 50 linear feet of stream and 50 square feet of Zone 1 Neuse River basin protected riparian
buffers to perform streambank stabilization to protect an existing overhead transmission line tower and
guy. The DWQ has determined that your application was incomplete and/or provided inaccurate
information as discussed below. The DWQ will require additional information in order to process your
application to impact protected wetlands and/or streams on the subject property. Therefore, unless we
receive five copies of the additional information requested below, we will have to move toward denial of
your application as required by 15A NCAC 2H .0506 and will place this project on hold as incomplete
until we receive this additional information. Please provide the following information so that we may
continue to review your project.
Additional Information Requested:
1. Please provide a site plan for your proposed activity.
2. Please show all stream impacts including all fill slopes, dissipaters, and bank stabilization on the
site plan.
3. Please indicate all buffer impacts on the site plan.
4. Please indicate proposed lot layout on the site plan.
Please contact the DWQ within three weeks of the date of this letter to verify that you have received this
letter and that you remain interested in continuing to pursue permitting of your project and will be.
providing the DWQ the requested information at a later date. Please contact me in writing and Eric Kulz
of the DWQ Raleigh Regional Office. If we do not hear from you within three weeks, we will assume
that you no longer want to pursue this project and we will consider the project as withdrawn.
N i Carolina
trrra!!?
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / Fax [phone]
Internet: http://www.ncwatcrquality.org
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Carolina Power & Light Company dba Progress Energy Carolinas
Page 2 of 2
April 6, 2006
This letter only addresses the application review and does not authorize any impacts to wetlands, waters
or protected buffers. Please be aware that any impacts requested within your application are not
authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly or Mr. Ian McMillan at 919-733-
1786 if you have any questions regarding or would like to set up a meeting to discuss this matter.
Sincerely,
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBK/ijm
cc: Eric Kulz, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Central Files
William T. Bryson, Progress Energy Service Company, 410 S. Wilmington Street, PEB 4A,
Raleigh, NC 27601
Filename: 060553ProgressEncrgyMiib u rnieMordccaiLincrlain t(Wake) On_Hold
2 0 0 6 0 5 5 3
March 14, 2006
219@190Y120
Mr. Monte Matthews MAR 9 0 2006
Raleigh Regulatory Field Office DENR • WATER QUALITY
Corps of Engineers VIETU{t43N4dTa "??yTE,Z?,??CN
6508 Falls of the Neuse Road, Suite 120
Raleigh, NC 27615
Mr. John Dorney Pi \
North Carolina Division of Water Quality -D
401 Wetlands Unit I t ?' '
1650 Mail Service Center
Raleigh, NC 27699-1786
Subject: Stabilization of Crabtree Creek Streambank to Protect Existing Overhead
Electric Transmission Line Structure
Dear Messrs. Matthews and Dorney:
During routine inspection of our transmission lines, Progress Energy Carolinas (PEC)
found severe streambank erosion adjacent to an existing transmission line structure and
its supporting guy wires (collectively referred to as structure). The structure, which is
located adjacent to Crabtree Creek in Raleigh, near Wake Medical Center, is shown on
the enclosed map and photographs.
PEC is submitting the enclosed PCN, seeking approval under NWP 13, "Bank
Stabilization". We would note that the erosion appears to be caused primarily by an
existing stormwater outlet, which discharges across the transmission line ROW, and
drops near vertically into the creek. Because the stormwater discharge cannot be readily
addressed, we see no reasonable alternative other than placement of riprap to armor the
streambank to protect both the streambank itself as well as the existing structure against
further erosion.
PEC proposes to reshape the bank to near its original contour with clean soil, and then
stabilize the area with erosion control fabric covered with riprap. The naturally steep
slope of the creek in this area does not appear suitable for stabilization by vegetative
means. Use of the riprap should stabilize the bank, and diffuse/moderate the stormwater
flow from the adjacent development.
Progress Energy Carolinas, Inc.
P O. D" 1551
?,?;I,,fv'CZ7u(i
Thank you for this consideration. If you have any questions, please contact Mr. Buzz
Bryson in our Environmental Services Section at 919-546-6637 (office), 919-812-1120
(cell) or via e-mail at [e-mail].
Very truly yours,
Ray Davis, General Manager
Transmission Construction &
Engineering, Carolinas
RD/Nvtb
Enclosures:
1. Preconstruction Notification
2. Location Maps
3. Check to NCDENR for $200
?D
MAR 3 0 2006
h I. ,..
i? flnft • WA1?'h101 ?a .,, .
Office Use Only: T110Q1`t?'W'6lt0kffh 05
20060553
USACE Action ID No. DWQ No.
(if any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ® Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide Permit 13
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
Owner/Applicant Information
Name: Carolina Power & Light Company dba Progress Energy Carolinas
Mailing Address: c/o Mr. Ray Davis
P.O. Box 1891, TPP 18
Raleigh, NC 27602-1891
Telephone Number: 919-546-4359 Fax Number: 919-546-7552
E-mail Address: ray.davis(a?pgnmail.com
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: William T. (Buzz) Bryson
Company Affiliation: Progress Energy Service Company
Mailing Address: 410 S. Wilmington Street, PEB 4A
Raleigh, NC 27601
[Bryson is contact for permitting questions]
Telephone Number: 919-546-6637 Fax Number: 919-546-4409
E-mail Address: buzz.bryson(a?pgnmail.com
Page 1 of 9
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than I I by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Milburnie - Mordecai 115kV Line Structure Maintenance
2. T.I.P. Project Number or State Project Number (NCDOT Only):
Property Identification Number (Tax PIN):
4. Location
County: Wake Nearest Town: Raleigh
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.):
Site is just behind Wake Medical Center. Turn off New Bern Avenue onto Sunnybrook
Road. Then turn onto Calument Drive. Structure is immediately adjacent to Crabtree Creek,
behind apartments (see attached map).
Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35.7893 ON 78.5786 °W
6. Property size (acres): Less than 1/10 acre (on 100-foot-wide transmission line right of way)
7. Name of nearest receiving body of water: Crabtree Creek
8. River Basin: Neuse
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at littp://li2o.enr.state.iic.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Overhead electric transmission line is pre-exisiting.
Streambank erosion near structure is resulting from stormwater discharge, possibly combined
Page 2 of 9
with storm/flood damage to stream. Majority of land outside of flood plain, is developed,
including hospital commercial and residential.
10. Describe the overall project in detail, including the type of equipment to be used:
Proposed project is to stabilize streambank adjacent to transmission line structure, to ensure
structure's integrity is not compromised. Work will consist of replacing soil to restore
contour, overlaying fabric liner, and stabilizing streambank with riprap. Work will ensure
stability of both structure and streambank.
11. Explain the purpose of the proposed work: Streambank stabilization to protect existing
overhead transmission line tower and guy (stabilizing wires).
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued pennits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
Existing project. No previous 404/401/buffer permits.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
None are anticipated
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
Page 3 of 9
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: Impact would consist of re-
shaping stream bank covering it with fabric and armoring it with riprap to protect existing
transmission tower being threatened by bank erosion. Virtually all material will be placed
above normal water level with the exception of a small amount of riprap extending to below
normal water level. Site can be accessed via existing power line right-of-way.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
(es/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)

Total Wetland Impact (acres) N/A
3. List the total acreage (estimated) of all existing wetlands on the property: N/A
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Number
(indicate on ma)
Stream Name
Type of Impact Perennial or
Intermittent? Average
Stream Width
Before Impact Impact
Length
(linear feet) Area of
Impact
(acres)
S-1 Crabtree Creek Fill / stabilization Perennial 100 feet 50

Total Stream Impact (by length and acreage) 50 <0.01
Page 4 of 9
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact
Site Number
(indicate on ma) V v Name Waterbody
p e)
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
(acres)

Total Open Water Impact (acres) N/A
6. List the cumulative impact to all Waters of the U.S. resulting from the project;
Stream Impact (acres):
Wetland Impact (acres):
Open Water Impact (acres):
Total Impact to Waters of the U.S. (acres)
Total Stream Impact (linear feet): +1-50
Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Current land use in the vicinity of the pond: N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. Steepness of bank and energy
Page 5 of 9
of stormwater flowing across right-of-way to streambank suga?est that no alternative exists other
than selectively placing riprap We propose to restore the contour with similar fill material,
cover with fabric and selectively place riprap to stabilize streambank against further erosion
from adjacent stormwater outlet Right-of-way can be easily accessed.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://li2o.enr.state.nc.us/ncwetlands/strmgide.litm1.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
No further mitigation is proposed Streambank restoration will in fact reduce on-going
erosion problem caused by stormwater flow.
Page 6 of 9
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify V Yes ® No ?
Page 7 of 9
If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* Impact Multiplier Required
(square feet) Mitigation
1 +1-50 3 (2 for Catawba) See (3) below
2 1.5
Total I I I
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260. Project is considered
restoration/enhancement in that it is addressing not only Progress Energy's transmission
structure but the severe streambank erosion caused by the stormwater outlet. Project will
significantly reduce in-stream sedimentation resulting from bank erosion, which in turn is
caused by a long-existing stormwater outlet from nearby development.
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level.
Site (right-of-way) currently has no impervious surface other than poles (approximately 24"
diameter) and city sewer manholes. Placing fabric and riprap on streambank will result in
negligible increase in impervious surface relative to overall area.
XII. Sewage Disposal (required by DWQ)
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.
N/A
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No N
Is this an after-the-fact permit application? Yes ? No N
XIV. Cumulative Impacts (required by DWQ)
Page 8 of 9
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
,3 /1& /aG
Appli?Ant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 9 of 9
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http://www.topozone.com/print.asp?z=17&n=3963283.99976724&e=718837.000072211&s=24&size=l&...I, 3/2/2006
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Who Reviewed:/ 1-b
sirt -Q A14,, 1
? Please provide a location map for the project.
Please show all stream impacts including all fill slopes, dissipaters, and bank stabilization on the site plan.
JJJ? Please show all wetland impacts including fill slopes on the site plan.
f-? Please indicate all buffer impacts on the site plan.
Please indicate proposed lot layout as overlays on the site plan.
? Please indicate the location of the protected buffers as overlays on the site plan.
? Please locate all isolated or non-isolated wetlands, streams and other waters of the State as overlays on the site plan.
? Please provide cross section details showing the provisions for aquatic life passage.
? Please locate any planned sewer lines on the site plan.
? Please provide the location of any proposed stormwater management practices as required by GC
? Please provide detail for the stonnwater management practices as required by GC
? Please specify the percent of project imperviousness area based on the estimated built-out conditions.
? Please indicate all stormwatc?outfalls on the site plan.
? Please indicate the diffuse flow provision measures on the site plan.
? Please indicate whether or not the proposed impacts already been conducted.
Avoidance and/or Minimization Not Provided
? The labeled as on the plans does not appear to be necessary. Please eliminate the or provide additional
information as to why it is necessary for this project.
? This Office believes that the labeled on the plans as can be moved or reconfigured to avoid the impacts to the
. Please revise the plans to avoid the impacts.
? This Office believes that the labeled on the plans as can be moved or reconfigured to minimize the impacts to the
. Please revise the plans to minimize the impacts.
? The stormwater discharges at the location on the plans labeled will not provide diffuse flow through the buffer because
. Please revise the plans and provide calculations to show that diffuse flow will be achieved through the entire buffer. If it
is not possible to achieve diffuse flow through the entire buffer then it may be necessary to provide stormwatcr management
practices that remove nutrients before the stormwater can be discharged through the buffer.
Other
? The application fee was insufficient because over 150 feet of stream and/or over 1 acre of wetland impacts were requested. Please
provide $ This additional fee must be received before your application can be reviewed.
? Please complete Section(s) on the application.
? Please provide a signed copy of the application.
? Please provide copies of the application, copies of the site plans and other supporting information.
? Please submit electronic CAD files showing via email to [e-mail] and CD:
Mitigation
? of compensatory mitigation is required for this project. Please provide a compensatory mitigation plan. The
plan must conform to the requirements in 15 A NCAC 2H.0500 and must be appropriate to the type of impacts proposed.
? Please indicate which 404 Permit the USACE would use to authorize this project.
¦ Complete items 1, 2, and 3. Also complete
Rem 4 if Restricted Delivery is desired.
¦ Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the mailpiece,
or on the front if space permits.
Article Addressed to:
Mr. Ray Davis
? Addressee
ate of Deliver
115-delivery address din nt fro n-em' ? Yes
If YES, enter delivery address Beloit ? No
PR 10 ZQOG I Carolina Power &Light Company.,,
P.O. Box 1891,TTP 18 ?°•"''
Raleig h NC 27602-1891 3. ServlceType
Obertmed Mail ? Express Mail
DWQ4 06-0553-Wake 13 Registered RetumReceiptfor Merchandis<
E3 Insured Mail C.O.D.
4. Restricted Delivery? (Extra Fee) 13 Yes
2. Article Number -
(rransferfrom service 7005 1160 0000 9954 6207
gA11 CnM?ni And M...nc1n Guh..n Qe aM Anne
UNITED STATES POSTAL SERVICE -=- 10 APB" .. 2005
Sender: Please print your name, address, and ZIP+4 in thisl box •
NC DENR Division of Water Quality
401 Oversight/Express Unit
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
i

Progress Energy Service Company, LLC
on behalf of Progress Energy, Inc. subsifianes
P.O. Boz 1551
Raleigh, NC 27602
Check Date
29-MAR-06
Progress Energy
Check Number
155126
Vendor name
N C DENR
Vendor #
11946
Invoice Number Invoice Date Adjustments Paid Amount
032206 22-MAR-06 0.00 200.00
Questions? Invoice. [e-mail] $ .00 $ 200.00
$ 200.00