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HomeMy WebLinkAbout20190413 Ver 1_PCN_withoutPlans_20190403Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Page 1 of 12 PCN Form — Version 1.3 December 10, 2008 Version Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: F-1 Section 404 Permit El Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑ Yes ® No 1d. 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: ❑ Yes ® No For the record only for Corps Permit: ® Yes ❑ 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 ® No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ® Yes ❑ No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project: Aurora PCS 230kV Switching Station Split #2 Capacitor Bank - Culvert Installation 2b. County: Beaufort 2c. Nearest municipality / town: Aurora 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Duke Energy Progress, Inc 3b. Deed Book and Page No. Deed Book: 840 and Page No. 609 3c. Responsible Party (for LLC if applicable): 3d. Street address: 550 S. Tryon Street 3e. City, state, zip: Charlotte, NC 28202 3f. Telephone no.: 3g. Fax no.: 3h. Email address: Page 1 of 12 PCN Form — Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ® Other, specify: Utility; Duke Energy Progress, Inc. 4b. Name: Brian C. Lowther, PE 4c. Business name (if applicable): Duke Energy Progress, Inc. (Duke Energy) 4d. Street address: 410 South Wilmington Street 4e. City, state, zip: Raleigh, NC 27601 4f. Telephone no.: 919.546.71693 4g. Fax no.: 4h. Email address: Brian. Lowther@duke-energy.com 5. Agent/Consultant Information (if applicable) 5a. Name: Eric Mularski, PWS 5b. Business name (if applicable): HDR Engineering, Inc. of the Carolinas 5c. Street address: 440 South Church Street, Suite 1000 5d. City, state, zip: Charlotte, NC 28202-1919 5e. Telephone no.: 704-973-6878 5f. Fax no.: 704-338-6760 5g. Email address: eric.mularski@hdrinc.com Page 2 of 12 PCN Form — Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 6547-00-8230 1 b. Site coordinates (in decimal degrees): Latitude: 35.297312 Longitude: - 76.851814 (DD.DDDDDD) (-DD.DDDDDD) 1 c. Property size: 34.53 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to proposed project: Whitehurst Creek 2b. Water Quality Classification of nearest receiving water: C;Sw, NSW 2c. River basin: HUC 03020104 - Pamilico Page 3 of 12 PCN Form — Version 1.3 December 10, 2008 Version 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: The existing conditions consist of the existing Aurora 230kV Switching Station, undeveloped forested land, and power line rights-of-way owned by Duke Energy. Land use in the vicinity of the proposed project consists of agricultural vegetation, forest and woodlands, and recently disturbed or modified land. 3b. List the total estimated acreage of all existing wetlands on the property: 2.92 acres. 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: It is estimated that approximately 1,949 linear feet (If) of a perennial unnamed tributaries to Whitehurst Creek flow through the property. 3d. Explain the purpose of the proposed project: Duke Energy plans to install a new 36-MVAR capacitor bank at their existing Aurora 230kV Switching Station to maintain system voltage at acceptable levels for anticipated imports in the Eastern area. The proposed development and access roads were designed to avoid and minimize impacts to jurisdictional surface waters. Direct boring/tunneling underneath the tributary to Whitehurst Creek was originally proposed for routing cables between the existing station and the proposed capacitor bank yard; however, based on existing soil conditions and depth of the tributary to Whitehurst Creek, this approach was deemed infeasible. A 24 -inch reinforced concrete pipe (RCP) and rip rap dissipater pad will be installed to run the cables above the tributary as well as provide a pedestrian walkway for employee access between the existing substation and proposed capacitor bank yard. 3e. Describe the overall project in detail, including the type of equipment to be used: A. Access Drives The new access driveway shall be 20' wide and consist of 12" -thick ABC gravel. Per DOT requirements, the apron off Hwy 33 will be paved. See the plans for the pavement requirements. B. Substation Stone Pad Stone placement for the substation shall be 3" ABC to the top of the subgrade for construction work. An additional 3" #57 stone over 3" ABC shall be placed as the final layer of stone on top of the compacted subgrade. The #57 stone shall be clean, washed granite. C. Grading The site requires grading due to the existing site conditions with approximately 2' of fill to be placed within the footprint of the new capacitor bank. Any excess material to be stockpiled in the provided stockpile location. D. Tree Removal/Landscapindg The construction requires that the majority of existing trees along the southern property line adjacent to Highway 33 be removed. The trees and brush to be removed within S2 to accommodate the new line. This hatched area is shown on Sheet 3 of 15. E. Erosion and Sedimentation Control Measures The erosion and sediment control plan includes silt fence, silt fence outlets, sediment basins, permanent swale with grass lining, check dams outlet protection, and temporary pump around. Permanent and temporary seeding (seed, mulch and tack) shall be used throughout the project as per the working requirements for the grading operations and/or as directed by field inspectors. 5.25 acres of disturbance has been permitted. Standard excavating equipment including excavators and bulldozers will be used to construct the haul roads and proposed substation. Page 4 of 12 PCN Form — Version 1.3 December 10, 2008 Version 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ®Yes El No El Unknown project (including all prior phases) in the past? Comments: 4b. If the Corps made the jurisdictional determination, what type ®Preliminary El Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: HDR Name (if known): Jessica Tisdale, Jackson Garvey Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. USACE Preliminary Jurisdictional Determination (SAW -2019-00507) on March 25, 2019, see attached. 5. Project History 5a. Have permits or certifications been requested or obtained for ❑ Yes ® No ❑ Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ® No 6b. If yes, explain. Page 5 of 12 PCN Form — Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑ Wetlands ® Streams - tributaries ❑ Buffers ❑ 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. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number — Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ — non -404, other) (acres) Temporary T W1 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W2 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W3 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W4 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W5 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W6 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g. Total wetland impacts 2h. Comments: No impacts to jurisdictional wetlands. 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. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ — non -404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ®P ❑ T Fill (24 -in RCP) Tributary to ® PER ® Corps 3 50 Whitehurst ❑ INT ® DWQ S2 ® P ❑ T Fill (Rip Rap Tributary to ® PER ® Corps 3 13 Apron) Whitehurst ❑ INT ® DWQ S3 ❑ PET De -watering Tributary to ® PER ® Corps 3 42 Whitehurst ❑ INT ® DWQ S4 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S5 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S6 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ 3h. Total stream and tributary impacts 105 3i. Comments: An approximate 50 -foot long 24 -inch RCP will be installed across a tributary to Whitehurst Creek to accommodate a pedestrian walkway between the existing Aurora 230kV Switching Station and the proposed capacitor bank yard. An approximate 13 -foot -long rip rap pad will be placed downstream of the proposed culvert to dissipate energy from high flows. The RCP and dissipater pad will result in 63 linear feet of permanent impacts to the tributary. A pump around will be installed during construction resulting in approximately 105 linear feet of temporary de -watering impacts to the tributary. Page 6 of 12 PCN Form — Version 1.3 December 10, 2008 Version 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. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number - (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Tempora T 01 ❑P❑T 02 ❑P❑T 03 ❑ PEI T 04 ❑ PEI T 4f. Total open water impacts 4g. Comments: No open water impacts 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 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. ❑ Neuse ❑Tar -Pamlico ❑Other: Project is in which protected basin? ❑ Catawba ❑ Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number - Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary T impact re uired? 131 ❑P❑T F-1 Yes ❑ No B2 ❑P❑T ❑Yes ❑ No B3 ❑P❑T ❑Yes ❑ No 6h. Total buffer impacts 6i. Comments: Page 7 of 12 PCN Form - Version 1.3 December 10, 2008 Version D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The following measures were considered to avoid and minimize impacts to jurisdictional surface waters during the design process: • An onsite natural resources survey was conducted on Duke Energy owned parcel (6547-00-8230) to identify and map existing jurisdictional surface waters and biological and cultural resources prior to design of the proposed capacitor bank. • The project was designed to avoid and minimize impacts to delineated jurisdictional surface waters and other environmental resources. • The proposed RCP was designed with the appropriate slope and will be placed approximately 20% below the existing stream bed elevation to maintain low flow passage of water and aquatic life movement. • A rip rap apron will be installed below the proposed RCP to dissipate energy downstream during high flow events. • An Erosion & Sediment Control Plan was developed to reduce sedimentation to adjacent surface waters to protect water quality and siltation of habitat for fish and other aquatic organisms. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. The following construction techniques will be implemented to avoid and minimize impacts to jurisdictional surface waters. • Excavated stream bed materials will be stockpiled and placed in the RCP to mimic instream conditions. • The rip rap apron below the proposed culvert will be keyed in to prevent wash out and set at the orginal stream elevation to maintain aquatic passage and surface water flow. • A pump -around will be employed when installing the culvert to work in the dry. Water will be pumped through a sediment filter bag before returning to the stream. • Any disturbed stream banks will be sloped back, seeded with native vegetation, and matted. • Erosion & Sediment Control devices will be installed prior to ground disturbing activities and will be inspected and maintained throughout the project on a routine basis. • Following construction, all disturbed areas will be restored and re -vegetated. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for ❑ Yes ® No impacts to Waters of the U.S. or Waters of the State? 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps ❑ Mitigation bank 2c. If yes, which mitigation option will be used for this El Payment to in -lieu fee program project? ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type 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: ❑ warm ❑ cool ❑cold 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 Page 8 of 12 PCN Form — Version 1.3 December 10, 2008 Version 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. 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? ❑ 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 9 of 12 PCN Form — Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ® Yes ❑ No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ® Yes ❑ No Comments: 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 14.19% 2b. Does this project require a Stormwater Management Plan? ® Yes ❑ 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: See attached approved Stormwater Management Plan (No. Permit No. SC7180103), dated February 20, 2018. ❑ Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ® DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? ❑ Phase II 3b. Which of the following locally -implemented stormwater management programs ❑ NSW ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 4. DWQ Stormwater Program Review ® Coastal counties ❑ HQW 4a. Which of the following state -implemented stormwater management programs apply ❑ ORW (check all that apply): ❑ 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 10 of 12 PCN Form — Version 1.3 December 10, 2008 Version 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 ® 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 ® 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. This project does not involve wastewater discharges. Page 11 of 12 PCN Form — Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑ Yes ® No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ® No impacts? F-1 Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ❑ Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? USFWS IPaC and NC Natural Heritage Program (NCNHP) Data Explorer Reports. The NCNHP report query revealed that no known occurrences of federally protected species have been documented within a one -mile radius of the proposed project. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? NOAA Fisheries Essential Fish Habitat Mapper https://www.habitat.noaa.gov/protection/efh/efhmapper/ 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 ❑ Yes ® No status (e.g., National 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? HDR reviewed the NC State Historic Preservation Office (NCSHPO) HPOWEB GIS Web Service, as well as the North Carolina Office of State Archaeology in-house datasets. There are no known cultural resources, structures, or historic districts located within a half -mile of the proposed project. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain? ❑ Yes ® No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? Flood Insurance Rate Map (FIRM) Map Panel No: 6819 Eric Mularski 4/1/2019 Applicant/Agent's Printed Name Date Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant isprovided.) Page 12 of 12 PCN Form - Version 1.3 December 10, 2008 Version AGENT AUTHORIZATION FORAM 1, Tim Same hereby certify that I have authorized Eric Mularski, representing HDR Engineering, Inc. of the Carolinas, to act on my behalf and take all actions necessary to the processing and issuance of the Section 409 Water Quality Certification associated with the Aurora PCS 230kV Switching Station Split #2 Capacitor Bank - Culvert Installation located in Beaufort County, North Carolina. We hereby certify that the information submitted in this application is true and accurate to the best of our knowledge. Tim Same Applicant's Name Applicant's Signature flvolttq Date hdrinc.com 440 South Church Street Suites 900 & 1000. Charlotte, NC 28202-2075 T 704.338.6700 F 704.3M.6760 Eric Mularski Agent's Name Agent's Signature 2/21/2019 Date I f Beaufort County, NC C GPIN: 6547-00-8230 LAND _VAL : 117402 DATE: 1/1/1900 GPINLONG : 6547-00-8230 BLDG_VAL : 0 DB_PG: 0000/00000 NAME1 : DUKE ENERGY TOT _VAL : 117402 STAMPS: Disclamer: PROGRESS INC TAXABLE—VA: 0 SALE—PRICE: 0.00 Beaufort County online map access is provided as a public service, as is, as NAME2 : DEFR VAL : 0 REID 1 :22400 available and without warranties, expressed or implied. Content published on this website is for informational purposes only and is not intended to constitute a ADDRI : 550 S TRYON ST PREV_ASSES: 117402 legal record nor should it be substituted for the advice or services of industry CITY: CHARLOTTE ACRES: 34.53 professionals. The County of Beaufort and the Website Provider disclaim all responsibility and legal liability for the content published on this website. The STATE : NC PROP _ADDR : NC 33 user agrees that Beaufort County and its Assigns shall be held harmless from all ADDR2 : TOWNSHIP: 14 actions, claims, damages or judgments arising out of the use of County data. beaufortnc.agdmaps.com ZIP: 28202 MBL : 654700104 200 m Feb/14/2019 PROP DESC : 34.53 ACRES STATE PIN—1 : 14019767 `� 1000 ft Scale 1:12316 BOARD OF ASSESSMENT LEGEND` Study Area# DATA SOURCE: Esri, OpenStreetMap 3` Contributors, and the GIS User Community . } Y",� w p1W Cr1i� k 0 Miles 1 f Can'P Ril 4.,o �� 4� Rte {'f t aware Tai A ucors • FJ �14e}�r#e>y J yv.t ..I ; • I He rgmb R¢ r, AURORA 230 KV SWITCHING STATION V415ENERGY-PROJECT LOCATION PVOrWES5 FIGURE 1 PATH: V:\PROJECTSM72_DUKEENERGYM06A836_ AURORASWITCHINGSTATIOW7.2_WORK _IN_PROGRESS\MAP_DOCSUdXM01_AURORA _ PROJECT_LOCATION.M%D - USER: KTHAMES - DATE: 711112017 NATURAL RESOURCES ASSESSMENT r , He rgmb R¢ r, AURORA 230 KV SWITCHING STATION V415ENERGY-PROJECT LOCATION PVOrWES5 FIGURE 1 PATH: V:\PROJECTSM72_DUKEENERGYM06A836_ AURORASWITCHINGSTATIOW7.2_WORK _IN_PROGRESS\MAP_DOCSUdXM01_AURORA _ PROJECT_LOCATION.M%D - USER: KTHAMES - DATE: 711112017 NATURAL RESOURCES ASSESSMENT LEGEND i Study Area RC —mss USGS Topographic �r ■* Quadrangles .� ibm wr DATA SOURCE: USGS Topo Quadrangles: I Aurora, NC (1972) and Edward, NC (1972) } I+ 'H0y, I 0 Feet 2,000 .�■�■ .a ■ qL i+ -- AURORA _ f EDWARD f ■ -7iUd.- I — r t i - k-o/ 3C + < — — +• AURORA 230 KV SWITCHING STATION FnV105ENERGY. USGS TOPOGRAPHIC QUADRANGLES PROTMES5 FIGURE 2 PATH: V:\PROJECTSM72_DUKEENERGYM06A836_ AURORASWITCHINGSTATIOW7.2_ WORK _IN_PROGRESSIMAP_DOC&MM02_AURORA _USGS.MXD - USER: KTHAMES - DATE: 7/11/2017 NATURAL RESOURCES ASSESSMENT LEGEND Study Area Soil Map Units Hydric (1 to 32%) Hydric (66 to 99%) DATA SOURCE: NRCS Soils Survey of Beaufort County, North Carolina, 2016; https://websoi Is u rvey. n res. usda.gov/app/ and http:/www.bing.com/maps 0 Feet 1,000 r Ifln_Cifn 4Z^ilc Lo — Leon sand Tr — Torhunta sandy loam AURORA 230 KV SWITCHING STATION FnV5 ENERGY. NRCS SOILS SURVEY P51OTMES5 FIGURE 3 PATH: V:\PROJECTSM72_DUKEENERGYM06A836_ AURORASWITCHINGSTATIOW7.2_WORK _IN_PROGRESS\MAP_DOCSUNIXM03_AURORA _ NRCS_SOILS.M%D - USER: KTHAMES - DATE: 7/112017 NATURAL RESOURCES ASSESSMENT LEGEND Study Area NLCD Land Cover Classification - Open Water Developed, Open Space Developed, Low Intensity Barren Land (Rock/Sand/Clay) = Evergreen Forest DATA SOURCE:National Land Cover Database, 2011 Multi -Resolution Land Character Consortium (MRLC), US Geological Survey F V �15Mixed Forest qVW Shrub/Scrub Grassland/Herbaceous - Cultivated Crops Woo" = Woody Wetlands *#% ' Emergent Herbaceous ' Wetlands 0 Feet 1,000 0 -TW"& NMI 1% 'IRLI-e I PV 1powV"w - ile-0- L12 f _ P51fl--.- _ .: FIGURE 4 PATH: V:\PROJECTSM72_DUKEENERGYM06A836_ AURORASWITCHINGSTATIOW7.2_ WORK _IN_PROGRESSIMAP_DOCSUVIXM0d_AURORA_NLCD.M%D - USER: KTHAMES - DATE: 7/11/2017 NATURAL RESOURCES ASSESSMENT LEGEND Study Area w� USFWS National Wetland Inventory USGS NHD Water Bodies USGS NHD Streams ■ ■ ■ Canal/Ditch Stream/River DATA SOURCE: FEMA Map Service Center, National Flood Hazard Layer; North Carolina Center for Geographic Information and Analysis; NCDEQ Classifications and Standards; http://nhd.usgs.gov/; http://www.fws.gov.wetiands FEMA FIRM Panels - 100 -Year Floodplain NCDWR Surface Water Classification C;NSW C;Sw,NSW 0 Feet 2,000 4 J :+ FRTJk>F x RSU8H ' ' R6l�El•F xl PF '1 RSus � rtir RSUIF 51 i �^ 1 -- i 1iLj AURORA 230 KV SWITCHING STATION V10ENERGY. FEMA FLOODPLAINS, SURFACE WATER CLASSIFICATION, P510475RE85 USFWS NWI, AND USGS NHD FIGURE 5 PATH: V:\PROJECTSM72_DUKEENERGYM06A836_ AURORASWITCHINGSTATIOW7.2_ WORK _IN_PROGRESSIMAP_DOCSUVIXM05_AURORA _FEMA.M%D - USER: KTHAMES - DATE: 7/11/2017 NATURAL RESOURCES ASSESSMENT Aurora 230kV Switching Station Natural Resources Assessment Photograph 1 — View of access road into Site (Facing Southwest) Photograph 2 — View of eastern side of Site within the powerline right-of-way (Facing Northeast) W Aurora 230kV Switching Station Natural Resources Assessment Photograph 3 — Additional equipment on western side of Site (Facing South) Photograph 4 — View of switching station taken from western side of Site (Facing East) WE Aurora 230kV Switching Station Natural Resources Assessment Photograph 5 — Representative of maintained/disturbed areas, taken in SW quadrant (Facing South) Photograph 6 — Wetland 1, forested small floodplain wetland, along with Stream 1 (Facing North) D-3 1p: Pk L 14 f 1. pbl 44� ob IkL IT 40.06" � r 4• {t : •�.� �+ •I;.� :.tial J. ��N 388 1~�' 51. . - .. { I .12r PA YSIr 09-. q. 1 T 10W2017 1 ' 11 Tv l F : t • �� i I 11IIF Y. s f- _ i r f r •� !: i •`Kiel. 1 1 wY __ ..mow •_ �•' } r IA 1 ~14 8 #Tr 62. . � 3'{ r � 1!:39;44 PO �.. mss.. � Tom. •..rim � dL��T - Al lil■ • i. h v� If N • �r N355 1 r4$.15" 4 11-24:16 4M W 7V fro' 56.63- t � � � �. �� 711112617 FM G OSs9.J PG • -w 33T NNW Vii, 'E ,mo�. r m i kL•._ _ *P. � � s ' Or ;r - N 365 1T49, m 102;05;67 PM W 764 61' 1121017 . r ; � • ,� s 'tel ;y�r k r Aurora 230kV Switching Station Natural Resources Assessment Photograph 15 — Herbaceous wetland, wetland 7 (Facing Southwest) Photograph 16 — Wetland 6, roadside ditch with cattails and standing water (Facing Southeast) U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW -2019-00507 County: Beaufort County U.S.G.S. Quad: Aurora NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Applicant: Duke Energy Progress, Inc. c/o Mr. Timothy Same Address: 410 South Wilmington Street Raleigh, NC, 27601 Telephone Number: (919) 546-7169 Size (acres) 0_1 Nearest Waterway Durham Creek USGS RUC 03020104 Nearest Town Aurora River Basin Pamlico Coordinates Latitude: 35.2967344570675 Longitude: -76.8516952471717 Location description: The proiect area of 0.1 acres is a part of a larger, approximately 35 -acre, parcel owned by Duke Energy. The property is located approximately 700 feet northeast of Tunstall Swamp Road around the curve of NC -33 E HWY in Aurora, Beaufort County, NC. Indicate Which of the Following Apply: A. Preliminary Determination X There are waters 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). The waters have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. 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. _ There are wetlands on the above described property, 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). However, since the waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction overall of the waters, including wetlands, at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. 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 (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in 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 waters of the U.S., including wetlands, on 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. Page 1 of 5 SAW -2019-00507 We recommend you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can 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 five years. _ 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 . 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. X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (LAMA). You should contact the Division of Coastal Management in Washington, NC, at (252) 946-6481 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Emily Thompson at (910) 251-4629 or Emily.B.Thompson(&usace.army.mil. C. Basis For Determination: N/A. An Approved JD has not been completed. D. Remarks: The waters within the project area are accurately depicted on the attached "Figure 5. Delineated Waters of the U.S." map created by HDR, received on 3-19-19. 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 delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information for Approved Jurisdiction Determinations (as indicated in Section B. above) If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 10M 15 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 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 by Page 2 of 5 SAW -2019-00507 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: Date: March 25, 2019 Expiration Date: N/A The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at hqp:Hcop2smgpu.usace.army.mil/cm apex/f?p=136:4:0. Copy Furnished: HDR c/o Eric Mularski 440 South Church Street Suite 900 Charlotte, NC, 28202 Page 3 of 5 SAW -2019-00507 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL JL im Applicant: Timothy Same, Duke Energy Progress, Inc. File Number: SAW -2019-00507 Date: March 25, 2019 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at hiip://www.usace.4M.mil/Missions/CivilWorks/Re ug latolyProgramandPermits.aspx or Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. Page 4 of 5 SAW -2019-00507 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: Id 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: Emily Thompson CESAD-PDO U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room l OM 15 Atlanta, Georgia 30303-8801 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 opportunit to participate in all site investiations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Emily Thompson, 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 Page 5 of 5 lki IjdL lki Energy, Mineral and Land Resources ENVIRONMENTAL QUALITY ROY COOPER (fUVN191c11' MICHAEIw RGAN .Secretory TOBY VINSON hneray? I311-acsor February 20, 2018 Duke Energy Progress, Inc. Attn: Mr. Rodney Hutcherson 410 S. Wilmington St., NC 02 Raleigh, NC 27601 Subject: Stormwater Permit No. SW7180103 Aurora Substation Capacitor Bank Low Density Stormwater Project Beaufort County Dear Mr. Hutcherson: The Washington Regional Office received your storm water application for the subject project on January 18, 2018. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW7180103 dated February 20, 2018 for the construction of the subject project. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein, and does not supersede any other agency permit that may be required. If any parts, req u ire inerts, or limitations oontained in this permit are unacceptable, you have the right W request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit_ This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699- 6714. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact this office at (252) 946-6481. Sincerely, � i Samir Dumpor, PE Regional Engineer cc: Stantec Consulting Services, Inc Beaufort County Inspections Washington Regional Office State of ]•Forth Caznlh, a [ Emiro=enW Qa*lity ; Fnera, Mineral and Land iResourees 943 Washington Sgwvi! MaH. Wwhington, North (archna 27889 Phone: 252.946.6491 / rax ; 252.946-3716 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES STORMWATER MANAGEMENT PERMIT LOW DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143 General Statutes of North Carolina as amended, and other applicable Laws, Rules and regulations PERMISSION IS HEREBY GRANTED TO Duke Energy Progress, Inc Aurora Substation Capacitor Bank FOR THE construction, operation and maintenance of a low density project in compliance with the provisions of 15A NCAC 2H .1000 thereafter referred to as the "stormwater rules "j and the approved stormwater management plans and specifications, and other supporting data as attached and :on file with. and approved by the Division of Energy, Mineral, and Land Resources (Division) and considered a part of this permit for the Aurora Substation project located off Highway 33 near Aurora, NC. This permit shall be effective from the state of issuance until rescinded and shall be subject to the following specific. conditions and limitations:. I. DESIGN STANDARDS 1. This permit is for the construction of an electrical substation on a 32 -acre tract with a total impervious area of 4.52 acres. 2. The overall tract built -upon area percentage for the project must be maintained at or below 24%, as required by Section 2H .1005 of the stormwater rules. 3. Approved plans and specifications for projects covered by this permit are incorporated by reference and are enforceable parts of the permit and shall be Rept on file by the permittee at all times. 4. The only runoff conveyance systems allowed will be vegetated conveyances such as swales with minimum sides€open of 3:1 (H.V) as defined in the stormwater rules and approved by the Division. 5. No piping is allowed except that minimum amount necessary to direct runoff beneath an impervious surface such as a road or to provide access. 6. The built -upon areas associated with this project shall be located at least 50 feet landward of all perennial and intermittent streams or other surface waters. = Nothing Compares._,_._ Srziie ompares._,_'- Srziie of Nori€3 Carolina ' knvi "onmental Ql7e hty i € fl'rqy' h•'€Inn'al and',-einf{ �Ptifl.lj'C FS V �r.1"h1fggt<M1 R2 Qicoai O] Fila 1 94.11 Wa zhingtor, NC 2?881) II. SCHEDULE OF COMPLIANCE I . The permittee is responsible for verifying that the proposed built -upon area does not exceed the allowable built -upon area. 2. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in. writing to the Director that the changes have been made. 3. This project may not be sold or subdivided in whole or in part without first receiving a permit modification from the Division. 4. Prior to the subdivision and/or sale of this project, in whole or in part, the following deed restrictions must be recorded with the Office of the Register of Deeds: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW718Q103, as issued by the Division of Energy, Mineral, and Land Resources under 15A NCAC 2H.1800. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater. Management Permit. c. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the. State of North Carolina, Division of Energy, Mineral, and Land Resources. e. Alteration of the drainage as shown on the approved plans may not tale place without the concurrence of the Division of Energy, Mineral, and Land Resources. f. This project is permitted for a maximum of 24% of built -upon area. Construction of additional built -upon area in excess of this amount will require a permit modification. g. This project may not be sold or subdivided, in whole or in part, without first receiving a permit modification from the Division_ h. Construction of additional impervious areas such that low-density requirements are no longer met will require a permit modification prior to construction. An engineered system will ire required to collect and treat the runoff from all built -upon area associated with the project, including that area permitted under the low density option, i. Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with this development, except:for average driveway crossings, is strictly prohibited by any persons, j. The built -upon areas shall be located a minimum of 50 feet landward of all perennial and intermittent surface waters. 5, A copy of the recorded restrictions must be received in this Office within 30 days of the date of sale. >''Nothing Compares _� ... Stair of Noi,rh C:arolirea i Envi r,a)n me ml Quality I. Esiergy. Mineral and Laodltesour•ces ww1lingtnl' Regio€zaI ©`f?ce 3 9431"shirVon Square Alai: 1 Washrngton, NC 27889 6. Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with the permitted development, except for average driveway crossings, is strictly prohibited by any persons. 7. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modifications to the approved plans.,. including, but not limited to, those listed below: a. Any revision to the approved plans, regardless of size. b. Project name change, C. Transfer of ownership. d. Redesign or addition to the approved amount of built -upon area. e. Further subdivision, acquisition, or sale of the project area in who or in part. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion :Control Plan approval was sought. f. Filling in, altering or piping any vegetative conveyance shown on the approved plan. 8. Swales and other vegetated conveyances shall be constructed in their entirety, vegetated, and be operational for their intended use prior to the construction of any built -upon surface: g During construction, erosion shall be Kept to a minimum and any eroded areas of the swales or other vegetated conveyances will be repaired immediately. 10 The permittee shall at all times provide the operation and maintenance necessary to operate the permitted stormwater management systems at:opti.mum efficiency to include: a. Inspections b Sediment removal. c. Mowing, and re -vegetating of the side slopes. d. Immediate repair of eroded areas. e. Maintenance of side.:slopes in accordance with approved plans and specifications. 11. Within 30 days of completion of the project, the permittee shall certify in writing that the project has been constructed in accordance with the approved pians. 12. The permittee shall submit all information requested by the Director or his representative within the time frame specified in the written information request. GENERAL CONDITIONS 1. This permit is not transferable to any person or entity except after notice to and approval by the Director, The Director may require modification or revocation and re -issuance of the permit to change the name and incorporate such other requirements as maybe necessary. In the event of a. name or ownership change, a. completed NamelOwnership Change form, signed by both parties, must be submitted to the Divisionaccompanied by the supporting documentation as Iisted on page 2 of the form. The approval of this request will be considered on its merits,. and may or may not be approved. -, __'Nothing Compares.. _. - State of Norn) [faro€iraa : fnviro«rrrental Qu iry ! Encrgy. Minerai aA Lmd Resources Was! iingmii Regi onal0Fficc: 943 WashhgtoEl5yuare Niall i Washirte#tor, INC 27680 bR81 2. The permittee is responsible for compliance with all permit conditions until the Director approves a transfer of ownership, Neither the sale of the project nor the transfer of common areas to a third party, such as a homeowner's association, constitutes an approved transfer of the stormwater permit. 3. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes 143-215.6A to 143-215.6C. 4. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revolting and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 15A NCAC 2H.100.0 of the North Carolina Administrative. Code, Subchapter 2H..1000; and North Carolina General Statute 143-2151 et. al. 5. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by the Division, such as the construction of additional or replacement stormwater management systems. 6. The permittee grants permission to DEQ Staff to enter the property during normal business hours, for the purpose of inspecting all components of the stormwater management facility. 7. The permit issued shall continue in force and effect until revoked or terminated. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and re -issuance,. or termination does not stay any permit.condition. 8. Unless specified elsewhere, permanent seeding requirements for the swales must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 9. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 10. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state and federal), which have jurisdiction. 11. The permittee shall notify the Division in writing of any name, ownership or mailing address changes at feast 30 days prior to making such changes. Permit issued this the 20 th day of February 2018. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION ..—T__ __—--------- for William E. Vinson, Jr., PE, Interim Director Division of Energy, Mineral, and Land Resources By Authority of the Environmental Management Commission Permit No, SW7180103 <--Nothing Compares- ... . State of Nort11 Ulmii0;a [ EnWl'011Tnr rite! Quality I Eneigy. Mirieii i and Lakid RCSmi YC.PS Wasitingtatl Regional 0(ftce 194.3 MisiltngtOil square Mali I MshirigWA, Nc 27884 -62946b t8E