20090940 Ver 1_401 Application_20090809

61-14 ?im»r=
?I ?TA 09'0940
August 26, 2009
Cyndi Karoly
DWQ 401 Unit AUG 2 7 2009
2321 Crabtree Blvd. DF.NR-WATER puACfTY
Suite 250 WEnWSMID STORMWATER BRWM
Raleigh, NC 27604
Subject: Duke Energy Carolinas, LLC - Dan River Combined Cycle Combustion Turbine
Project, Clean Water Act - Section 401 Application Package
Dear Ms. Karoly:
Duke Energy Carolinas, LLC (Duke) is in the planning phase of the Dan River Combined Cycle
Combustion Turbine Project (Project) located in Rockingham County, North Carolina, near the town of
Eden. Duke has requested that HDRIDTA conduct: all Clean Water Act Sections.404 and 401
permitting activities associated with any impacts to jurisdictional waters of the United States including
wetlands, as well as any potential Endangered Species Act Section 7 Consultation.
On behalf of Duke, HDRIDTA is pleased to submit the enclosed Nationwide Permit application package
to your office for review. Included with the application package are five copies of the completed pre-
construction notification form and project narrative describing the Project, including impacts, and
avoidance and minimization efforts, and a check for the application processing fee.
Through extensive siting efforts Duke has been able to limit impacts to jurisdictional waters of the
United States to approximately 0.133 acre of wetlands. All unavoidable impacts are due to the location
and construction of the Project cooling towers and are not associated with the construction or
maintenance of any stormwater management devices. HDRIDTA respectfully requests that the Project
be certified under Nationwide Permit 39 (General Certification 3631) - Commercial and Institutional
Developments.
Should you have any questions or concerns please do not hesitate to contact either me at [phone]
or Mr. Scott T. Fletcher at [phone].
Sincerely,
HDRIDTA
Jason N. Isbamoly lott T. Fletcher, C PWS
Scientist ironmental and egulatory Manager
JNI/tei
Enclosures
cc: File
H D R DTA 400 S Tryon Street Phone: [phone]
HDR Engineering, Inc. ofthe Carolinas Suite 2401 Fax: [phone]
Charlotte, NC 28285-0106 www.hdrinc.com

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0P-±'940 PAI
0? W A TEp
oG Office Use Only:
Corps action ID no.
o < DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the
Corps:
TO Section 404 Permit F1 Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: 39 or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps? ? Yes ® No
1 d. Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit
? 401 Water Quality Certification - Express ? Riparian Buffer Authorization
1e. 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 1h
below. ? Yes ® No
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No
2. Project Information
2a. Name of project: Dan River Combined Cycle Turbine Project
2b. County: Rockingham
2c. Nearest municipality / town: Eden
2d. Subdivision name: NA

2e. NCDOT only, T.I.P. or state
project no: - - -

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3. Owner Information V .2009
3a. Name(s) on Recorded Deed: Duke Power Company DENR-WATER QUAUTY
3b. Deed Book and Page No. DB 668-417&
3c. Responsible Party (for LLC if
applicable): Duke Energy Carolinas, LLC - Mark Landseidel
3d. Street address: 526 South Church St.
3e. City, state, zip: Charlotte, NC 28201-1006
3f. Telephone no.: 704 382 4759
3g. Fax no.:
3h. Email address: [e-mail]
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4. Applicant Information (if different from owner)
4a. Applicant is: ® Agent ? Other, specify:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. AgentlConsultant Information (if applicable)
5a. Name: Jason Isbanioly
5b. Business name
(if applicable): HDRIDTA, Inc.
5c. Street address: 400 S. Tryon St.
5d. City, state, zip: Charlotte, NC 28285
5e. Telephone no.: [phone]
5f. Fax no.: [phone]
5g. Email address: [e-mail]
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B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): 7989 08 88 6870 00
Latitude: 36.491276 Longitude: -
1 b. Site coordinates (in decimal degrees): 79.719759
(DD.DDDDDD) (-DD.DDDDDD)
1c. Property size: 377.79 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to Dan River
proposed project:
2b. Water Quality Classification of nearest receiving water: WS-IV CA
2c. River basin: Roanoke River
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:
Site is currently zoned as developing and is used as a operational public utility facility. The subject area is maintained as
a small emergent stream/wetland complex. Please see the Project Narrative for details.
3b. List the total estimated acreage of all existing wetlands on the property:
2.31 acres (0.614 acre within subject area)
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
Approximately 7,516 linear feet (348 linear feet within subject area)
3d. Explain the purpose of the proposed project:
Duke Energy Carolinas, LLC is proposing to expand the Dan River Steam Station by adding increased generation
capacity through a combustion turbine generating facility. See Project Narrative for details.
3e. Describe the overall project in detail, including the type of equipment to be used:
See Project Narrative for a complete Project description.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property
/
project (including all prior phases) in the past? ? Yes ® No ? Unknown
Comments: The western portion of the Project has been
delineated but not verified.
4b. If the Corps made the jurisdictional determination, what type
? Preliminary ? Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: HDRIDTA
Name (if known): Jason Isbanioly Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
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.
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6. Future Project Plans
6a. Is this a phased project? ? Yes ® No
6b. If yes, explain.
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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 Fill PEM ? Yes
® No ® Corps
? DWQ 0.13
W2 ®P ? T Fill PEM ? Yes
® No ® Corps
? DWQ 0.003
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 0.133
2h. Comments: Impact location is the proposed site of the turbine cooling towers and associated berm. Please refer to the
Project Narrative for impact descriptions.
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 - or
(PER)
(Corps - 404, 10
stream
length
Permanent (P) or intermittent DWQ - non-404, width (linear
Temporary (T) (INT)? other) (feet) feet)
S1 ? P ? T ? PER ? Corps
? INT ? DWQ
S2 ? PEI T ? PER ? Corps
? INT ? DWQ
S3 ? P ? T ? PER ? Corps
? INT ? DWQ
S4 ? P ? T ? PER ? Corps
? INT ? DWQ
S5 ? PEI T ? PER ? Corps
? INT ? DWQ
S6 ? P ? T ? PER ? Corps
? INT ? DWQ
3h. Total stream and tributary impacts
3i. Comments: NA
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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
Temporary T
01 ?P?T
02 ?P?T
03 ?P?T
04 ?P?T
4f. Total open water impacts
4g. Comments: NA
5. Pond or Lake Construction
If and 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: NA
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 an 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 required?
131 ?P?T ?Yes
? No
62 ?P?T ?Yes
? No
63 ?P?T ?Yes
? No
6h. Total buffer impacts
6i. Comments: NA
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D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Through siting and layout changes the applicant was able to completely avoid approximately 1.7 acres of wetlands and 7,100
linear feet of streams. These resources provide high value wildlife habitat and ecosystem services. Proposed impacts are all
within a maintained area that is frequently disturbed. Impacts to resources from stormwater management devices have been
eliminated through a redesign of the Stormwater Management Plan. See Project Narrative for a complete description of
avoidance and minimization practices.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
All best management practices will be incorporated into the construction of the Project. This will include adherence to all
applicable erosion and sediment control techniques described within the most current version of the North Carolina Erosion
and Sediment Control Planning and Design Manual. See Project Narrative for a complete description of avoidance and
minimization practices.
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
®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: NA
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: 0.133 acres
4f. Non-riparian wetland mitigation requested: acres
4g. Coastal (tidal) wetland mitigation requested: acres
4h. Comments: Please see Appendix C of the Project Narrative for a copy of the NC EEP acceptance letter for payment into
the In-lieu Fee Program.
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.
NA
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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:
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E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified ? 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.
Comments: The Project site is located in the Roanoke River Basin which is not ? Yes ® No
covered under the North Carolina Riparian Buffer Protection Rules.
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? -20%
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:
At the time of this writing Duke is preparing a Stormwater Management Plan to be submitted at a later date to NCDENR
and as an addendum to this permit application to the NCDWQ and the USACE.
? 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

4a. Which of the following state-implemented stormwater management programs apply ? HQW
? 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
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F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1a. 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
? Yes ? No
letter.)
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.
Existing facilities will be used for sewage disposal. These facilities are connected to the town of Eden's sewage system.
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6. 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?

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?
The North Carolina Natural Heritage Program, the United States Fish and Wildlife Service (USFWS) Endangered Species
List for Rockingham County and the USFWS Critical Habitat Mapper were reviewed for species and habitat information.
Additionally, USFWS Raleigh Field Office was contacted regarding potential Project impacts to any protected species.
Please see Appendix C of the Project Narrative for a copy of the USFWS's determination letter dated July 16, 2009.
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?
Rockingham County is not a CAMA or coastal county.
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?
Brockington and Associates, Inc. conducted a literature review for all previously recorded archaeological and architectural
resources within a 1,803 acre study area surrounding the Dan River Project on June 4-5, 2007, on behalf of Duke Energy.
They reviewed North Carolina Office of Survey and Planning's records and the Office of State Archaeology's records
(mapping and site forms) in Raleigh. Additionally, they reviewed a Multiple Property Documentation Form (MPDF) for the
Historic and Architectural Resources of Rockingham County (Woodward 2003), and the publication A Tale of Three Cities
(Brown 1998) regarding historic resources in Eden and its vicinities have shown no resources within the Project area.
The NC State Historic Preservation Office (SHPO) has conducted a review of the Project and is not aware of any historic
resources which would be affected by Project activities. Please see Appendix C of the Project Narrative for a copy of
SHPO's determination letter dated July 14, 2009.
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? FEMA Floodplain Mapper
8/26/09
Jason N. Isbanioly
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<? Date
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' Pk Duke
Energy.

July 6, 2009
' Mr. Andrew Williams
United States Army Corps of Engineers
Raleigh Regulatory Field Office
' 3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
MAJOR PROJECTS-CAROLINAS
Duke Energy Corporation
526 South Church St.
Charlotte, NC 28202
Mailing Address:
ECl I X / PO Box 1006
Charlotte, NC 28201-1006
1 Subject: Duke Energy Carolinas, LLC - Dan River Combined Cycle Combustion Turbine
Project, Agent Authorization Letter
Dear Mr. Williams:
Duke Energy Carolinas, LLC (Duke) of Charlotte, North Carolina, is in the pre-construction planning
stage of a combustion turbine project at the Dan River Steam Station, located in Rockingham County,
North Carolina. The preferred siting alternative of the combustion turbine project will impact some
potentially jurisdictional waters of the US.
Duke has contracted with HDRIDTA to perform a formal wetland delineation and resource assessment on
' the proposed site for the purpose of obtaining a jurisdictional determination and subsequent permits.
HDRIDTA, as represented by Mr. Jason Isbanioly, will be Duke's authorized agent in the coordination,
preparation, and submittal of the jurisdictional determination package and future permit packages. Mr.
' Isbanioly has full signatory authority for this project as granted by Duke.
If you have any questions or require further information on this matter, feel free to call me at (704) 382-
4759 or Mr. Isbanioly at [phone].
Sincerely,
Mark Landseidel
General Manager
CTCC Projects - New Generation
Duke Energy Carolinas, LLC

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DAN RIVER COMBINED CYCLE TURBINE PROJECT
PROJECT NARRATIVE

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Prepared for:
DUKE ENERGY CAROLINAS, LLC
Charlotte, North Carolina
Prepared by:
HDRIDTA
Charlotte, North Carolina
JULY 2009
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DAN RIVER COMBINED CYCLE TURBINE PROJECT
PROJECT NARRATIVE
TABLE OF CONTENTS
Section Title Page No.
SECTION 1 INTRODUCTION .........................................................................................1
SECTION 2 METHODOLOGY AND SITE DESCRIPTION ................................................. ..2
2.1 Wetlands and Stream Determinations ....................................................................... ...2
2.2 Protected Species Survey ........................................................................................... ...3
2.3 Site Description ......................................................................................................... ...3
SECTION 3 RESULTS ................................................................................................. ..4
3.1 Wetlands .................................................................................................................... ...4
3.2 Streams ...................................................................................................................... ...5
3.3 Protected Species ....................................................................................................... ...6
3.3.1 James Spinymussel ........................................................................................ ...6
3.3.2 Roanoke Logperch ......................................................................................... ...7
3.3.3 Smooth Coneflower ....................................................................................... ...7
SECTION 4 PROPOSED IMPACTS ................................................................................ ..9
SECTION 5 AVOIDANCE, MINIMIZATION, AND MITIGATION ...................................... 10
5.1 Discussion .................................................................................................................. .10
5.2 Impact Alternatives .................................................................................................... .11
SECTION 6 STORMWATER PLAN ............................................................................... 12
SECTION 7 CONCLUSION ........................................................................................... 13
SECTION 8 REFERENCES ........................................................................................... 14
APPENDICES
APPENDIX A - FIGURES AND PHOTOS
APPENDIX B - DATA SHEETS
APPENDIX C - AGENCY CORRESPONDENCE
APPENDIX D - NATIONWIDE PERMIT AND GENERAL CERTIFICATION
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DAN RIVER COMBINED CYCLE TURBINE PROJECT
PROJECT NARRATIVE

LIST OF TABLES
Table Title Page No.
' TABLE I FEDERAL AND STATE PROTECTED SPECIES OF ROCKINGHAM
COUNTY, NORTH CAROLINA ...........................................................................6
TABLE 2 PROPOSED PROJECT IMPACTS .........................................................................9
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' Section 1
Introduction
' HDRIDTA was requested by Duke Energy Carolinas, LLC (Duke) to perform environmental
' permitting services associated with the Dan River Combined Cycle Turbine Project (Project)
located east of Eden, in Rockingham County, North Carolina (Appendix A, Figure 1). The
' Project involves building a new 620 MW combined cycle, natural gas-fired unit at the existing
Dan River Steam Station. In support of the Project, HDRIDTA performed an environmental
survey of the areas proposed to be affected by the new construction activities. Specifically, the
' investigation included:
¦ A jurisdictional waters of the U.S. delineation, including wetlands; and
¦ A federally rare, threatened, and endangered (RTE) species survey.
According to the field study findings, there are four jurisdictional wetland features and two
' jurisdictional intermittent streams located within the Project area (Appendix A, Figures 2 and 3).
These features were surveyed in by WSP-SELLS and the wetlands survey map is provided in
' Appendix A. Field surveys for federally listed RTE species yielded no evidence of these species
within the subject area.
There is potential for some jurisdictional features to be impacted by Project construction
' activities. This report details the findings of the environmental survey, the proposed Project, and
all avoidance and minimization of impact efforts.

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' Section 2
Methodology and Site Description
' Based on information obtained from resource agencies, a field assessment was conducted on
' June 6, 2009, by HDRIDTA scientists to document specific resources affected by the proposed
Project. Resources assessed during this effort included wetlands, surface waterbodies, and
' federally RTE species. The following sections provide a summary of methods associated with
this field assessment.
2.1 Wetlands and Stream Determinations
' During the field surveys, jurisdictional waters of the U.S. (wetlands and streams) found within or
immediately adjacent to the subject property were delineated using the 1987 U.S. Army Corps of
' Engineers (USACE) wetland delineation method (Environmental Laboratory 1987). The
"routine on-site determination method" was selected as the most appropriate delineation
' technique. This technique uses a multi-parameter approach, which requires positive evidence of
three criteria:
' ¦ H dro h tic vegetation - Hydrophytic vegetation (i.e., wetland plants) were identified in
1 the field and cross-referenced with the national list of plant species that occur in southeast
wetlands (USFWS 1988).
' ¦ Hydric soils - In the field, soil profiles and characteristics were documented through
approximately 18 inches in depth from the surface or immediately below the "A" horizon,
' whichever was deeper. Field indicators for identifying hydric soils (e.g., depletions, low
chroma, and iron/manganese concretions) were used to determine the wetland status of the
' site.
¦ Wetland hydrology - Primary and secondary hydrologic indicators such as soil saturation
1 to the surface, standing water in the soil auger pits, rafted debris, and surface drainage
patterns were also used to identify wetland areas.
Areas exhibiting the above wetland characteristics, as well as those determined to be surface
waters, were considered jurisdictional and marked in the field with surveyor tape. Each "flag"
2

Section 2 Methodology and Site Description
' was sequentially numbered to aid in surveying. Stream quality was rated using the USACE
' Stream Quality Assessment Form (2009).
' 2.2 Protected Species Survey
The field surveys for the Project were focused on species that are listed as federal or state
' threatened or endangered under the Endangered Species Act of 1973, as amended. The North
Carolina Natural Heritage Program (NCNHP) maintains a database of "elements of natural
diversity" within the state, and this database was referenced to obtain a current list of threatened
or endangered species that could potentially occur on the subject property. In addition to the
' NCNHP database, HDRIDTA reviewed the U.S. Fish and Wildlife Service's (USFWS) 2008
listing of "Endangered, Threatened and Candidate Species and Federal Species of Concern for
' Rockingham County, North Carolina."
Guided by information compiled during the review process, field surveys were conducted to
ascertain and document the extent to which federal or state listed threatened or endangered
' species or their associated habitats could potentially be affected by the proposed Project. The
subject property was then searched by HDRIDTA biologists with experience in the listed species.
I The survey team systematically investigated all of the proposed Project area.
2.3 Site Description
The subject property is located in northern Rockingham County, near the North
' Carolina/Virginia state border. The area evaluated (approximately 15 acres within the larger
380-acre tract) is located in a generally rural to suburban area southeast of the town of Eden,
' North Carolina. The property is bound to the south by the Dan River and in all other directions
by undeveloped, agricultural, or low-impact developed land (e.g., a municipal golf course)
' (Appendix A, Figure 1). Structures and activities on site are associated with Duke's Dan River
Steam Station. The structures include power plant related facilities located south of the Project
area and several active and inactive ash basins to the south and east. Several managed right-of-
way (ROW) corridors, including existing 100 kV transmission lines and a natural gas pipeline,
' are also located on the subject property.
3
1

' Section 3
Results
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3.1 Wetlands
Based on the field survey, there are four wetlands and two streams located within the survey
area. Although the wetlands are distinct features, they are hydrologically connected via Streams
A and B. All features drain to the Dan River. A description of the wetland and stream resources
identified is provided below, and resource locations are shown on Figure 2 in Appendix A.
Wetland and stream data forms and jurisdictional determination forms are in Appendix B. A
signed wetland survey map showing stream footages and wetland acreages is also provided in
Appendix A.
Wetland A is a palustrine emergent (PEM) wetland that receives hydrology from a high
groundwater table, Stream A, and groundwater drainage from the adjacent capped ash basin
(Cowardin et al. 1979). This wetland is approximately 0.27 acre in size. Dominant vegetation
observed includes joe-pye weed (Eupatorium fistulosum), common boneset (E. perfoliatum),
shallow sedge (Carex lurida), broad-leaved cattail (Typha latifolia), woolgrass (Scirpus
cyperinus), and elderberry (Sambucus nigra). Black willow (Salix nigra) and silky dogwood
(Corpus amomum) are also present. Hydric soil indicators include the presence of hydrogen
sulfide and a low chroma matrix. No redoximorphic features were observed, indicating that the
soils are continually saturated. Wetland hydrology indicators present include inundation of 5 to
12 inches and wetland drainage patterns.
Wetland B is a PEM wetland that receives hydrology from a high groundwater table and seepage
from a capped ash basin (Cowardin et al. 1979). This wetland serves as the headwater seep for
Stream A and is approximately 0.13 acre in size. Dominant vegetation observed includes
southern arrowwood (Viburnum dentatum), broad-leaved cattail, soft rush (Juncus effusus),
common boneset, and woolgrass. Black willow and red maple (Acer rubrum) are also present.
Hydric soil indicators include the presence of hydrogen sulfide and a low chroma matrix with
redoximorphic features. Wetland hydrology indicators present include inundation of 3 to 6
inches and wetland drainage patterns.
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Section 3 Results
Wetland C is a PEM wetland that serves as a fringe wetland to Stream B (Cowardin et al. 1979).
This wetland has been slightly widened by lawn mowing on the edge and is approximately
0.09 acre in size. Dominant vegetation observed includes broad-leaved cattail, soft rush,
common boneset, wool grass, black willow, and arrow arum (Peltandra virginica). Hydric soil
indicators observed include a gleyed and low chroma matrix. Wetland hydrology indicators
observed include inundation of up to 3 inches.
Wetland D is a PEM headwater seep wetland that provides hydrology to Stream B (Cowardin et
al. 1979). This wetland is approximately 0.13 acre in size. Although this is a cattail dominated
wetland, other species are present including joe-pye weed, soft rush, shallow sedge, foxtail sedge
(Carex vulpinoidea), elderberry, and Indian hemp (Apocynum cannabinum). Hydric soil
indicators include a low chroma matrix with redoximorphic features. Wetland hydrology
indicators include soil saturation at the surface and wetland drainage patterns.
3.2 Streams
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Stream A is an unnamed tributary that originates within a drainage catchment (Wetland B)
located to the east of the entrance road, adjacent to the capped ash basin. This feature trends to
the south/southeast approximately 348 feet before entering a culvert that channels flow under the
entrance road and empties into the Dan River. This first to second order intermittent channel has
a bankfull width of approximately 36 to 48 inches and a bank height of approximately 36 inches.
Three to 15 inches of flowing water were observed within the incised channel.
Stream B is an unnamed tributary that originates within Wetland C and trends to the south before
converging with Stream A. This first order intermittent channel has a bankfull width of 12 to 24
inches and a bank height of 16 inches in the lower reach. Two to 8 inches of flowing water were
observed within the incised channel at the time of the field survey. Stream B loses
geomorphology near the top of the watershed, but remains a nexus between Wetland D and the
downstream resources. This channel has been designated as an intermittent-unimportant stream
by the USACE (Andy Williams, personal communication, July 21, 2009).
5

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Section 3
3.3
Protected Species
Results
As discussed in Section 2.2, information concerning federally listed rare plant and animal species
in the vicinity of the project was obtained from the NCNHP inventory database (NCNHP 2009).
The current USFWS county list was also reviewed (USFWS 2008). Table 1 lists both federal
and state listed species found in Rockingham County, North Carolina. The species accounts
located after Table 1 describe those species that are federally listed.
TABLE 1
FEDERAL AND STATE PROTECTED SPECIES OF ROCKINGHAM COUNTY,
NORTH CAROLINA
Major Group Scientific Name Common Name State Status' Federal Status2
Invertebrate Animal Lasmigona subviridis Green Floater E FSC
Invertebrate Animal Micrasema spnilesi A Caddisfly W2 None
Invertebrate Animal Pleurobema collina James Spinymussel E E
Invertebrate Animal Strophitus undulates Creeper T None
Invertebrate Animal Villosa constricta Notched Rainbow SC None
Vertebrate Animal Ambystoma talpoideum Mole Salamander SC None
Vertebrate Animal Etheostoma
odostemone Riverweed Darter SC None
Vertebrate Animal Hemidactylium
scutattim Four-toed
Salamander SC None
Vertebrate Animal Lanius ludovicianus Loggerhead Shrike SC None
Vertebrate Animal Moxostoma ariommum Bigeye Jumprock T None
Vertebrate Animal Percina rex Roanoke Logperch E E
Vascular Plant Acmispon helleri Carolina Birdfoot-
trefoil SR-T FSC
Vascular Plant Echinacea laevigata Smooth Coneflower E-SC E
Vascular Plant Hydrastis canadensis Goldenseal E-SC None
source: "11Nnr Levy
' T = Threatened, SR-T = Significantly Rare - Throughout, E-SC = Endangered - Special Concern, E = Endangered,
SC = Species of Concern, W2 = Locally Rare
z E = Endangered, FSC = Federal Species of Concern
3.3.1 James Spinymussel
This mussel has a shell that is rhomboid, convex, sub-solid, and inequilateral. The shell is
moderately full with high beaks and the sculpture has a number of strong, slightly double-looped
6

i
Section 3 Results
1
ridges. The posterior ridge is full, rounded, and ends at the base of the shell in a rounded point.
i Growth lines are elevated into slight, concentric ridges. There are generally one or two sharp,
prominent tubercles or spines located on a line running from the beaks to behind the central base.
i The epidermis is smoky, greenish-brown in color. The beak cavities are shallow and the nacre,
which is bluish-white in color, is slightly thicker at the anterior end.
i This mussel is restricted to the Dan River drainage of the Roanoke River basin in North Carolina
i (Bogan 2002). No habitat exists for this species within the subject area. No impacts to this
species are anticipated from the Project as long as Best Management Practices (BMP) are
i utilized during construction.
i 3.3.2 Roanoke Logperch
This darter is up to 6 inches in length and has 10 to 12 short, black bars along the side, but
i unconnected over the back. The first dorsal fin has an orange band and the upper body is olive to
yellow-brown. Habitat is limited to low gradient gravel and boulder runs of small to medium
i rivers (Page and Burr 1991). This species is rarely found in impoundments and generally prefers
gravelly or rocky areas. During the reproductive period, males are associated with shallow
i riffles, while females commonly occur above spawning areas (i.e., gravel and small cobble).
This logperch is predominately an invertivore (NatureServe 2009).
The Roanoke L
ogperch range is restricted to the upper Roanoke, upper Dan, and upper Chowan
i rivers (NatureServe 2009). Two populations were discovered in North Carolina in 2008, one
each on the Mayo and Smith rivers within Rockingham County (NCWRC 2008). Although
i these populations are in close proximity to the Project area, there is no potential habitat within
the subject area. The use of BMPs during construction, including proper erosion and
' sedimentation control measures, should ensure that no impacts to this species occur.
i 3.3.3 Smooth Coneflower
This late spring to early summer (May to July) flowering member of the Aster family has
i lanceolate to ovate leaves, well-developed stem leaves, and leaves that are either glabrous on
7
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Section 3 Results
both sides or scabrous above. The chaffy bracts (pales) are approximately 0.30 inch long with
awns about a fourth as long as the body of the pales and with incurved tips. The rays are 1.3 to 3
inches long, and are strongly drooping (Weakley 2006).
Habitat for the coneflower is known to be open woodlands and glades over mafic or calcareous
rocks, such as diabase, limestone, and dolostone. In North Carolina, this plant is now limited to
a few populations in Durham, Granville, and Rockingham counties (Weakley 2006). No
evidence of any type of coneflower was observed during the field investigation. Moreover, no
habitat for this species is present within the subject area. No impacts to this species are
anticipated from this project.
8

Section 4
Proposed Impacts
' Table 2 lists the proposed impacts associated with the Project. Unavoidable potential impacts
will be associated with the construction of the combustion turbine cooling towers. This activity
is proposed to impact Wetland D and Wetland C (Appendix A, Figures 2 and 3). Wetland D is
' approximately 0.13 acre, and is proposed to be permanently filled. The amount of permanent
impact to Wetland C from the construction of the berm is estimated to be 0.003 acre.
Construction equipment to be used includes bulldozers, graders, and other types of excavation
equipment.
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TABLE 2
PROPOSED PROJECT IMPACTS
Wetland
Impact - Type of Type of Type of Area of Impact
Permanent or Impact Wetland Forested Jurisdiction (acres)
Tem orar
C - Permanent Fill PEM No USACE 404 0.003
D - Permanent Fill PEM No USACE 404 0.13
Total 0.133
rtm = raiustrme r.mergent wetland (Cowardm et al. 1979)
9

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Section 5
Avoidance, Minimization, and Mitigation
5.1 Discussion
Through substantial siting and layout changes, Duke has been able to avoid any Project impacts
to approximately 1.7 acres of palustrine forested (PFO) wetlands and 7,100 linear feet of
' intermittent and perennial streams located within the western portion of the property (Appendix
A, Figure 2) (Cowardin et al. 1979). These resources provide high-value ecosystem services
including substantial wildlife habitat, flood control, and nutrient and sedimentation control. In
contrast, the resources proposed to be impacted have diminished ecosystem value, have been
heavily impacted in the past (i.e., grounds maintenance), and are in part located where they are in
the landscape due to past stormwater management installations. Additionally, through changes
in the stormwater management plan (SMP) Duke has been able to avoid impacts to any resources
from all stormwater control structures.
As designed and proposed the SMP involves routing drainage from the northern portion of the
Project area to the stormwater detention basin located in the southwest portion of the property.
Drainage from the cooling tower area would be routed to a smaller detention pond located north
' and east of Wetland C. This smaller pond has been designed to avoid all impacts to wetland and
stream resources. All proposed wetland impacts are unavoidable and are associated with the
construction of the turbine cooling towers (Appendix A, Figure 3).
To minimize impacts to downstream resources, Duke will employ all applicable best
' management practices (BMPs) before, during, and after construction. These will include the
installation of sediment and erosion control devices prior to construction and maintenance of
these devices during and after construction.
A review of the NCDWQ list of available public mitigation banks in North Carolina shows that
none are located within Rockingham County or in the Roanoke River basin (NCDWQ 2009). If
mitigation is necessary, Duke requests that any required mitigation obligations be satisfied by
payment into the North Carolina Ecosystem Enhancement Program's In-Lieu Fee service. All
agency correspondences including the in-lieu fee request form are in Appendix C.
10

Section 5 Avoidance, Minimization, and Mitigation
' 5.2 Impact Alternatives
Alternative 1 (Original layout alternative) - Original siting designs located the combustion
turbine and ancillary facilities to the north and west of the current facilities. As mentioned, this
layout would have required the partial or total impact of several high-value streams and wetlands
' located near the western property boundary. This alternative would likely have required an
Individual Permit from the USACE, which together with other potential environmental impacts
would have substantially impacted the Project timetable. Therefore, this alternative was
determined not to be feasible from both a Project completion standpoint and a resource impact
j standpoint.
' Alternative 2 (Preferred alternative) - This alternative, as described in Section 5. 1, is the
preferred option for completing the Project with minimum resource impacts and within the
' required timeframe. Alternative 2 minimizes the amount of impacts to resources and eliminates
impacts to high-value resources.
Alternative 3 (No construction alternative) - Although this alternative would not impact any
1 resources, the Project would not move forward and Duke would not be able to fulfill obligations
to construct the Project as approved by the North Carolina Utilities Commission in its Order for
1 Docket E-7 Sub 832 dated June 5, 2008. For these reasons, Alternative 3 is not feasible.
' Alternative 4 (Large Stormwater Detention Pond) - This alternative called for the creation of
a large detention pond constructed within the low lying area between Stream A and Wetland C
' (Figure 4). Drainage from the north and east portion of the Project area would have been routed
to this pond. Construction of the detention pond would have required permanent impacts to
' Stream A and Wetland C which is prohibited by the Regional Conditions for NWP 39. This
alternative would have required an Individual Permit to proceed making Alternative 4 unfeasible
from both a Project completion standpoint and a resource impact standpoint.
1
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' Section 6
Stormwater Plan
' At the time of this writing, Duke is developing a Stormwater Management Plan that will be
submitted to the North Carolina Department of Environment and Natural Resources (NCDENR)
and to the NCDWQ and USACE as an addendum to this permit application. Duke has
' developed an Erosion and Sediment Control Plan, which will be submitted to the NCDENR for
approval.

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' Section 7
Conclusion
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The jurisdictional waters survey performed by HDRIDTA in June 2009 near Eden in
Rockingham County, North Carolina, identified evidence of jurisdictional waters of the U.S. on
the Project site. This evidence included wetlands associated with jurisdictional intermittent and
perennial drainages that drain to the Dan River. These potentially jurisdictional areas were
marked in the field and global positioning systems (GPS) was utilized for initial survey purposes.
The resources were subsequently surveyed by a professional licensed surveyor (Appendix A).
After extensive siting review, the preferred alternative (Alternative 2) was determined both to
meet Project requirements and minimize environmental impacts. This option will require
permanent impacts to Wetlands C and D. Proposed impacts total 0.133 acre of jurisdictional
wetlands. To comply fully with federal and state environmental regulations, specifically those
governing impacts to jurisdictional waters of the U.S., including wetlands, Duke requests a
formal jurisdictional determination by the USACE district engineer or his agent. Additionally,
Duke requests that all unavoidable impacts to jurisdictional waters of the U.S., including
wetlands, be permitted under Nationwide Permit (NWP) 39. Copies of NWP 39 and
corresponding NCDWQ General Certification 3705 are in Appendix D.
The protected species survey performed on the subject property yielded no evidence of any
protected species within the Project boundary. No impacts to any protected species are
anticipated from this project.
13

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Section 8
References
Bogan, A. E. 2002. Workbook and key to the freshwater bivalves of North Carolina. North
' Carolina Freshwater Mussel Conservation Partnership, Raleigh, NC 101 pp, 10 color
plates.
Brown, C. 1998. A Tale of Three Cities: Eden's Heritage: A Pictorial Survey of Leaksville,
Spray and Draper. Eden Historic Preservation Commission, Eden, North Carolina.
' (Second Edition, Revised and Expanded by the Publications Committee of the Eden
Historic Preservation Commission.)
Cowardin, L. M., V. Carter, F. C. Golet, and E. T. LaRoe. 1979. Classification of Wetlands and
' Deepwater Habitats of the United States. U.S. Dept. of Interior, Fish and Wildlife
Service. FWS/OBS-79/31. 131 pp.
Environmental Laboratory. 1987. Corps of Engineers Wetlands Delineation Manual. Dept. of
' Army Waterways Experiment Station, U.S. Army Corps of Engineers, Vicksburg, MS.
Technical Report Y-87-1. 100 pp.
NatureServe. 2009. NatureServe Explorer: An online encyclopedia of life [web application].
' Version 7.1. NatureServe, Arlington, Virginia. Available
http://www.natureserve.org/explorer. (Accessed: June 12, 2009).

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North Carolina Division of Water Quality. 2005. Identification Methods for the Origins of
Intermittent and Perennial streams, Version 3.1. North Carolina Department of
Environment and Natural Resources, Division of Water Quality. Raleigh, NC.
2009. Mitigation Banks in North Carolina. List compiled by NC Division of Water
Quality. [Online] URL: http://h2o.enr.state.nc.us/ncwetlands/mitigation.html (Accessed
July 2009).
14
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Section 8 References
North Carolina Natural Heritage Program-Division of Parks and Recreation. 2009. Rockingham
County Database Search. [Online] URL: http://www.ncnhp.org/Pages/heritagedata.html
(Accessed May 2009).
North Carolina Wildlife Resources Commission. 2008. Biologists Discover New Fish Species in
North Carolina. North Carolina Wildlife Resources Commission - Press Release. [Online]
URL: http://www.ncwildlife.org/ (Accessed May 2009).
Page, L. M. and B. M. Burr. 1991. Peterson Field Guides, Freshwater Fishes. Houghton Mifflin,
New York. 432 pp.
Schafale, M. P. and A. S. Weakley. 1990. Classification of the natural communities of North
Carolina; Third approximation. North Carolina Natural Heritage Program-Division of
Parks and Recreation. Department of Environment, Health, and Natural Resources. 326
PP.
U.S. Army Corps of Engineers. 2009. Stream Quality Assessment Worksheet. [Online] URL:
http://www.saw.usace.army.mil/WETLANDS/Forms/stream_quality.pdf (Accessed
March 2009).
U.S. Fish and Wildlife Service. 1988. National List of Plant Species that Occur in Wetlands:
Southeast (Region 2). Biological Report 88 (26.2).

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2008. Listing of Endangered, Threatened and Candidate Species and Federal Species of
Concern for Rockingham County, North Carolina.
Weakley, A. S. 2006. Flora of the Carolinas, Virginia, Georgia, and surrounding areas. Working
draft of 17 January 2006. University of North Carolina Herbarium (NCU), North
Carolina Botanical Garden. University of North Carolina at Chapel Hill. 1026 pp.
15

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Section 8
References
' Woodward Sarah A. 2003. National Register of Historic Places Multiple Property
' Documentation Form: Historic and Architectural Resources of Rockingham County,
North Carolina, ca. 1799-1953. On file at the North Carolina Historic Preservation
' Office, Office of Survey and Planning.
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APPENDICES
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APPENDIX A
FIGURES AND PHOTOGRAPHS
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1

1
1

APPENDIX B
DATA SHEETS
1
1
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1
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1
1
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 USACE Wetlands Delineation Manual)
Project Site: Dan River Combined Cycle Turbine Project Date: 6/09/09
Applicant/Owner: Duke Energy Carolinas, LLC County: Rockingham
Investigator: Jason Isbaniol /Kristen Roo State: NC

Do normal circumstances exist on the site? Yes® No? Community ID: PEM
Is the site significantly disturbed (Atypical Situation)? Yes? No® Transect ID: Line A
Is the area a potential problem area?
(if needed, explain on reverse) Yes? No® Plot ID: Wetland A

V LGL [At MIN to uruer of noCratum Note tnose species onserveu to nave mor nolo Ical adaptations to wetlands with an "
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. Salix nigra Sapling OBL 9. Apocynum cannabinum Herb FAC-
2. Cornusamomum Shrub FACW+ 10.
3. Eupatorium fistulosum Herb FAC+ 11.
4. E. perforliatum Herb FACW+ 12.
5. Carex lurida Herb OBL 13.
6. Typha latifolia Herb OBL 14.
7. Scirpus cyperinus Herb OBL 15.
8. Sambucus nigra Herb FAC W- 16.
Percent of Dominant Species that are OBL, FACW or FAC (excluding FAC-): 89%
Include species noted (*) as showing morphological adaptations to wetlands.
Describe Morphological Adaptations:
Remarks: Wetland parameters met for h dro h tic vegetation. Greater than 50% of dominant vegetation is FAC or wetter.
HYDROLOGY
RECORDED DATA PRIMARY (1 or more required)
(Describe in Remarks) INDICATORS
? Stream, Lake or Tide Gage ® Inundated
® Aerial Photograph ? Saturated in Upper 12 Inches
? Other ? Water Marks
? No Recorded Data Available ? Drift Lines
® Drainage Patterns in Wetlands
FIELD OBSERVATIONS: ? Sediment deposits
Depth of Surface Water: 5-12 (in.) SECONDARY (2 or more required)
INDICATORS
Depth to Free Water in Pit: N/A (in.) ? Oxidized Root Channels in Upper 12 Inches
Depth to Saturated Soil: N/A (in
) ? Water-Stained Leaves
. ? Local Soil Survey Data
? Other (Explain in Remarks)
® FAC-Neutral Test
Remarks: Parameter met. Wetland hydrology indicators are present.
1
1
i
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
SOILS
Map Unit Name Udorthents, loamy Well Drained
(Series and Phrase): Drainage Class:
Unknown Field Observations ?
Taxonomy (Subgroup): Confirm Mapped Type? Yes No
PROFILE DESCRIPTION
Depth Matrix Color Redoximorphic Redoximorphic Texture. Concretions.
Inches Horizon (Munsell Moist) Features Colors Features Rhizospheres, etc.
(Munsell Moist) Abundance/Contrast
0-12 A 10 YR 2/1 Silt
Hydric Soil Indicators:
? Histosol ? Concretions
? Histic Epipedon ? High Organic Content in Surface Layer in Sandy Soils
® Sulfide Odor ? Organic Streaking in Sandy Soils
? Aquic Moisture Regime ? Listed on Local Hydric Soils List
? Reducing Conditions ? Listed on National Hydric Soils List
® Gleyed or Low-Chroma Colors ? Other (Explain in Remarks)
H dric Soil Present? Yes ® No ?
Remarks: Parameter is met. Hydric soils are present. Refusal at 12".
WETLAND DETERMINATION
Hydrophytic Vegetation Present? Yes® No?
Hydric Soils Present? Yes® No? Wetland Hydrology Present? Yes® Non
Is this Sampling Point Within A Wetland? Yes® No?
Remarks: All wetland parameters are met.
1
1
1
1
1
1
1
1
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 USACE Wetlands Delineation Manual)
Project Site: Dan River Combined Cycle Turbine Project Date: 6/9/09
Applicant/Owner: Duke Energy Carolinas, LLC County: Rockingham
Investigator: Jason Isbaniol /Kristen Roo State: NC

Do normal circumstances exist on the site? Yes® No? Community ID: Upland
Is the site significantly disturbed (Atypical Situation)? Yes? No® Transect ID: Line A
Is the area a potential problem area? Yes[] No®
(if needed, explain on reverse) Plot ID: Upland A

V r.i.,L I A I IVA In uraer of btratum iNote those species observed to have
Dominant Plant Species Stratum Indicator
L Apocynum cannabinum Herb FAC-
9.
2. Festuca rubra Herb FACU+ 10.
3. 11.
4. 12.
5. 13.
6. 14.
7. 15.
8. 16.
Colo ical adaptations to wetlands with an *
Dominant Plant Species Stratum Indicator
Percent of Dominant Species that are OBL, FAC W or FAC (excluding FAC-): 0%
Include species noted (*) as showing morphological adaptations to wetlands.
Describe Morphological Adaptations:
Remarks: Wetland parameter not met. No h dro h tic vegetation is resent.
HYDROLOGY
RECORDED DATA PRIMARY (1 or more required)
(Describe in Remarks) INDICATORS
? Stream, Lake or Tide Gage ? Inundated
® Aerial Photograph ? Saturated in Upper 12 Inches
? Other ? Water Marks
? No Recorded Data Available ? Drift Lines
? Drainage Patterns in Wetlands
FIELD OBSERVATIONS: ? Sediment deposits
Depth of Surface Water: N/A (in.) SECONDARY (2 or more required)
INDICATORS
Depth to Free Water in Pit: N/A (in.) ? Oxidized Root Channels in Upper 12 Inches
Depth to Saturated Soil: N/A (in.) ? Water-Stained Leaves
? Local Soil Survey Data
? Other (Explain in Remarks)
? FAC-Neutral Test
Remarks: Wetland parameter is not met. No wetland hydrology indicators are present.
1
1
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1
1
1
1
1
1
SOILS
Map Unit Name Udorthents, loamy Well Drained
(Series and Phrase): Drainage Class:
Unknown Field Observations ® ?
Taxonomy (Subgroup): Confirm Mapped Type? Yes No
PROFILE DESCRIPTION
Depth Matrix Color Redoximorphic RedoximoMhic Texture. Concretions.
Inches Horizon (Munsell Moist) Features Colors Features Rhizosoheres, etc.
(Munsell Moist) Abundance/Contrast
0-4 A 7.5 YR 5/6 Loam
4-18+ B 10 YR 5/8 Silt Loam
Hydric Soil Indicators:
? Histosol ? Concretions
? Histic Epipedon ? High Organic Content in Surface Layer in Sandy Soils
? Sulfide Odor ? Organic Streaking in Sandy Soils
? Aquic Moisture Regime ? Listed on Local Hydric Soils List
? Reducing Conditions ? Listed on National Hydric Soils List
? Gleyed or Low-Chroma Colors ? Other (Explain in Remarks)
H dric Soil Present? Yes El No
Remarks: Wetland parameter is not met. No hydric soil indicators are present.
WETLAND DETERMINATInN
Hydrophytic Vegetation Present? Yes? No®
Hydric Soils Present? Yes? No® Wetland Hydrology Present? Yes[] No®
Is this Sampling Point Within A Wetland? Yes[-] No®
Remarks: No wetland parameters are met.
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1
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1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 USACE Wetlands Delineation Manual)
Project Site: Dan River Combined Cycle Turbine Project Date: 6/9/09 _
Applicant/Owner: Duke Energy Carolinas, LLC County: Rockingham
Investigator: Jason Isbaniol /Kristen Roo State: NC

Do normal circumstances exist on the site? Yes® No? Community ID: PEM
Is the site significantly disturbed (Atypical Situation)? Yes? No® Transect ID: Line B
Is the area a potential problem area?
(if needed, explain on reverse) Yes? No® Plot ID: Wetland B

VEGE I A I ION (In Urder of Stratum) Note those species observed to have morphological adaptations to wetlands with an x
Dominant Plant Skies Stratum Indicator Dominant Plant Species Stratum
1. Salix nigra Sapling OBL 9.
2. Acer rubrum Sapling FAC 10.
3. Viburnum dentatum Shrub FAC 11.
4. S. nigra Shrub OBL 12.
5. Typha latifolia Herb OBL 13.
6. Juncus effusus Herb FACW+ 14.
7. Eupatorium perfoliatum Herb FACW+ 15.
8. Scirpus cvperinus Herb OBL 16.
Indicator
Percent of Dominant Species that are OBL, FACW or FAC (excluding FAC-): 100%
Include species noted (*) as showing morphological adaptations to wetlands.
Describe Morphological Adaptations:
Remarks: Wetland parameters met for h dro h is vegetation. Greater than 50% of dominant vegetation is FAC or wetter.
HYDROLOGY
RECORDED DATA PRIMARY (1 or more required)
(Describe in Remarks) INDICATORS
? Stream, Lake or Tide Gage ® Inundated
® Aerial Photograph ? Saturated in Upper 12 Inches
? Other ? Water Marks
? No Recorded Data Available ? Drift Lines
® Drainage Patterns in Wetlands
FIELD OBSERVATIONS: ? Sediment deposits
Depth of Surface Water: 33=6 (in.) SECONDARY (2 or more required)
INDICATORS
Depth to Free Water in Pit: N/A (in.) ? Oxidized Root Channels in Upper 12 Inches
? Water-Stained Leaves
Depth to Saturated Soil: N/A (in.) ? Local Soil Survey Data
? Other (Explain in Remarks)
® FAC-Neutral Test
Remarks: Parameter is met. Wetland hydrology indicators are present.
1
1
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1
1
1
1
1
1
1
1
1
1
1
1
1
1
SOILS
Map Unit Name Udorthents, loamy Well Drained
(Series and Phrase): Drainage Class:
Unknown Field Observations ?
Taxonomy (Subgroup): Confirm Mapped Type? Yes No
PROFILE DESCRIPTION
Depth Matrix Color Redoximorphic Redoximorphic Texture. Concretions.
Inches Horizon (Munsell Moist) Features Colors Features Rhizospheres, etc.
(Munsell Moistl Abundance/Contrast
2-0 O 10 YR 3/2 Hemic Muck
0-6 A 2.5 YR 5/2 7.5 YR 5/6 Few Fine Silty Loam
Prominent
6-15 B 2.5 YR 6/1 7.5 YR 5/6 Few Coarse Clayey Silt
Prominent
Hydric Soil Indicators:
? Histosol ? Concretions
? Histic Epipedon ? High Organic Content in Surface Layer in Sandy Soils
® Sulfide Odor ? Organic Streaking in Sandy Soils
? Aquic Moisture Regime ? Listed on Local Hydric Soils List
? Reducing Conditions ? Listed on National Hydric Soils List
® Gleyed or Low-Chroma Colors ? Other (Explain in Remarks)
H dric Soil Present? Yes ® No ?
Remarks: Parameter is met. Hydric soils are present. Refusal at 15" (fill material).
WETLAND DETERMINATION
Hydrophytic Vegetation Present? Yes® No?
Hydric Soils Present? Yes® No[:] Wetland Hydrology Present? Yes® No[-]
Is this Sampling Point Within A Wetland? Yes® Non
Remarks: All wetland parameters are met.
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 USACE Wetlands Delineation Manual)
Project Site: Dan River Combined Cycle Turbine Project Date: 6/9/09
Applicant/Owner: Duke Energy Carolinas, LLC County: Rockingham
Investigator: Jason Isbaniol /Kristen Roo State: NC

Do normal circumstances exist on the site? Yes® No[-] Community ID: PEM
Is the site significantly disturbed (Atypical Situation)? Yes? No[] Transect ID: Line C
Is the area a potential problem area?
(if needed, explain on reverse) Yes? No® Plot ID: Wetland C
I I
VEGI IA I ION (in Order of Stratum) Note those species observed to have moroholoeical adaptations to wetlands with an *
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. Salix nigra Shrub OBL 9.
2. Typha latifolia Herb OBL 10.
3. Juncus effusus Herb FACW+ 11.
4. Eupatorium perfoliatum Herb FACW+ 12.
5. Scirpus cyperinus Herb OBL 13.
6. Peltandra virginica Herb OBL 14.
7. 15.
8. 16.
Percent of Dominant Species that are OBL, FACW or FAC (excluding FAC- ): 100%
Include species noted (*) as showing morphological adaptations to wetlands.
Describe Morphological Adaptations:
Remarks: Wetland parameters met for h dro h tic vegetation. Greater than 50% of dominant vegetation is FAC or wetter.
llvnR0l.nGV
RECORDED DATA PRIMARY (1 or more required)
(Describe in Remarks) INDICATORS
? Stream, Lake or Tide Gage ® Inundated
® Aerial Photograph ? Saturated in Upper 12 Inches
? Other ? Water Marks
? No Recorded Data Available ? Drift Lines
? Drainage Patterns in Wetlands
FIELD OBSERVATIONS: ? Sediment deposits
Depth of Surface Water: 00=3 (in.) SECONDARY (2 or more required)
INDICATORS
Depth to Free Water in Pit: N/A (in.) ? Oxidized Root Channels in Upper 12 Inches
Depth to Saturated Soil: N/A (in.) ? Water-Stained Leaves
? Local Soil Survey Data
? Other (Explain in Remarks)
® FAC-Neutral Test
Remarks: Parameter is met. Wetland hydrology indicators are present.
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
SOIL .S
Map Unit Name Udorthents, loamy Well Drained
(Series and Phrase): Drainage Class:
Unknown Field Observations ?
Taxonomy (Subgroup): Confirm Mapped Type? Yes No
PROFILE DESCRIPTION
Depth Matrix Color Redoximorphic Redoximorphic Texture. Concretions.
Inches Horizon (Munsell Moist) Features Colors Features Rhizospheres, etc.
(Munsell Moist) Abundance/Contrast
0-6 A 2.5 Y 511 7.5 YR 4/6 Few Medium Clay
Prominent
6-18 B G1 5/10y 7.5 YR 4/6 Common Medium Clay
Prominent
Hydric Soil Indicators:
? Histosol ? Concretions
? Histic Epipedon ? High Organic Content in Surface Layer in Sandy Soils
? Sulfide Odor ? Organic Streaking in Sandy Soils
? Aquic Moisture Regime ? Listed on Local Hydric Soils List
? Reducing Conditions ? Listed on National Hydric Soils List
® Gleyed or Low-Chroma Colors ? Other (Explain in Remarks)
H dric Soil Present? Yes ® No ?
Remarks: Parameter is met. Hydric soils are present.
WETLAND DETERMINATION
Hydrophytic Vegetation Present? Yes® No[]
Hydric Soils Present? Yes® No? Wetland Hydrology Present? Yes® No?
Is this Sampling Point Within A Wetland? Yes® No?
Remarks: All wetland parameters are met.
1
1

1
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 USACE Wetlands Delineation Manual)
Project Site: Dan River Combined Cycle Turbine Project Date: 6/9/09
Applicant/Owner: Duke Energy Carolinas, LLC County: Rockingham
Investigator: Jason Isbaniol /Kristen Roo State: NC

Do normal circumstances exist on the site? Yes® No? Community ID: PEM
Is the site significantly disturbed (Atypical Situation)? Yes? No® Transect ID: Line D
Is the area a potential problem area?
(if needed, explain on reverse) Yes? No® Plot ID: Wetland D

vEUL to t MEN to uraer of stratum iNote tnose species ouservea to nave

1. Dominant Plant Species
Typha latifolia Stratum
Herb Indicator
OBL
9.
2. Eupatorium ftstulosum Herb FAC+ 10.
3. Juncus effusus Herb FACW+ 11.
4. Carex lurida Herb OBL 12.
5. C. vulpinoidea Herb OBL 13.
6. Sambucusnigra Herb FACW- 14.
7. Apocynum cannabinum Herb FAC- 15.
8. 16.

wio icai aaa tattons to wetianas wun an x
Dominant Plant Species Stratum Indicator
Percent of Dominant Species that are OBL, FACW or FAC (excluding FAC-): 86%
Include species noted (*) as showing morphological adaptations to wetlands.
Describe Morphological Adaptations:
Remarks: Wetland parameters met for h dro h tic vegetation. Greater than 50% of dominant vegetation is FAC or wetter.
HYDROLOGY
RECORDED DATA PRIMARY (I or more required)
(Describe in Remarks) INDICATORS
? Stream, Lake or Tide Gage ? Inundated
® Aerial Photograph ® Saturated in Upper 12 Inches
? Other ? Water Marks
? No Recorded Data Available ? Drift Lines
® Drainage Patterns in Wetlands
FIELD OBSERVATIONS: ? Sediment deposits
Depth of Surface Water: N/A (in.) SECONDARY (2 or more required)
INDICATORS
Depth to Free Water in Pit: 3 (in.) ? Oxidized Root Channels in Upper 12 Inches
? Water-Stained Leaves
Depth to Saturated Soil: 0 (in.) ? Local Soil Survey Data
? Other (Explain in Remarks)
® FAC-Neutral Test
Remarks: Parameter is met. Wetland hydrology indicators are present.
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
SOILS
Map Unit Name Udorthents, loamy Well Drained
(Series and Phrase): Drainage Class:
Unknown Field Observations ?
Taxonomy (Subgroup): Confirm Mapped Type? Yes No
PROFILE DESCRIPTION
Depth Matrix Color Redoximorphic Redoximorphic Texture. Concretions.
Inches Horizon (Munsell Moist) Features Colors Features Rhizospheres, etc.
(Munsell Moistl Abundance/Contrast
0-3 A 7.5 YR 4/3 Clayey Silt
3-9 B 7.5 YR 5/2 5 YR 4/6 Few Coarse Silty Clay
Prominent
9-18+ B2 7.5 YR 5/2 7.5 YR 5/8 Common Coarse Silty Clay
Prominent
Hydric Soil Indicators:
? Histosol ? Concretions
? Histic Epipedon ? High Organic Content in Surface Layer in Sandy Soils
? Sulfide Odor ? Organic Streaking in Sandy Soils
? Aquic Moisture Regime ? Listed on Local Hydric Soils List
? Reducing Conditions ? Listed on National Hydric Soils List
® Gleyed or Low-Chroma Colors ? Other (Explain in Remarks)
H dric Soil Present? Yes ® No ?
Remarks: Parameter is met. Hydric soils are present.
WETLAND DETERMINATION
Hydrophytic Vegetation Present? Yes® No[]
Hydric Soils Present? Yes® No? Wetland Hydrology Present? Yes® No?
Is this Sampling Point Within A Wetland? Yes® Non
Remarks: All wetland parameters are met.

LS AC i? :-1IDI-- D4k t s >= Site 4 (lndi;;atc on attached map)
M STREAM QUALITY 1SSESSNIEtiT WORKSHEET -AQP
Provide the following information for the stream reach under assessment:
1, Apphcani's n inc:_Duke Energv_carglinas, LLC __ ? Ewaitiahlr'= n1t1e:_ Isban g
3. gate of evaluaUun: 6 /2>i2 4. f lllle ufevUkldttun, !L:30 amt
:wank uStre?l?, _..iJa 8i,:v:.r h. RI, <:t 11 s.,in:-- 4oanoke
. ?pprtlxiln t. drilinag area 3. Str,atr order st_-- --
_ ..._ r
9. 1_,:ne.th of rea4li eti'aluated: 13-, Fr ib. t: runt;.: Ro^kinghatn
1 1 'S1C t t "l; 1 ,, ( It I&IwT,v l): pt ..E io Jec! lal t:g; :es. t2 SubifivLSlou U lnle 1, ii
Latltule? t .o.4911 -2 Luu?utiU I- u:lt;: 79.720289
4t?thutlhfcntiolt f chJ. t,fP Tt?puJh?'• ththl>i:ActiallYtlow:?3lS CJtrlcrliiS t)th t --_--------_-- --___--
13. Location ut reac.. -.,.I . I
aIU,01011 (note Nearby road, and landmurk , Lind attach neap identityul„ stredrill lueation).
'?[i_ 25Cf 1._ w..?_.2 _S1 tt . ?? s i : I y a_ __.._
1 4.1'!op ltct channcl worn tit inyl Unxnowr_
i
xlh??r ??lnttitt,u?:_ ?r•f oc - - - - - _,-.
16. `site ; ulldiu, It at ul.h of
F7. l dnufy ,ill , ,}?til.lt :i ,itC r`A,1V '11"±a -?l llt-.: tiun3 t.:7oaVii: pia. 4l. )[1 il! id .t .-_?-t 7.,ti Fltl.il I-i3httai
_troul b4,iC t n'S:.;? il If'? I vxil;lGC G.ttvys _.? . ,.jai ??.t.ll?V? sier- ?Yv.EI ,[ ii,ip) v%'a[,:rshc'It
r s,l h k I,), I t tfatt: n I :ii Ih c its ;?.;tl (?? nt t Ali [t c?i t t, lic 1a"I.cr U0A i.
'.il
?. L:31ili .alts Cf .?y a?iiili It I,.31C1 i?•:c: ,?
l1-1-,idCUt:.il
'
7 5
1 t ; +C teat riCl i .Lr__ 351Li
__ ti._?tir, 1Eit>nr t.?i'j w 1..(i i {,,ftr
24. 1, of i
>'a+, (, flitllllci ?iTiuUlilY- _____?ti U?lil ?{ (1t.:.::?R?LIa_ i74n.ia .?-,r.Cili.?au t,;t;tt._i!c"1 _-, clti au. a.7 t,?? ?.--.Ilr,tfUut ?il.irlllCt
list ructions tut completion of oo Acct Iocatcd on age 2) S Jr t J`t I I ll,i tip i 1 , UI 1 atIf 1 n? ?.orc: wo o(t,)"l on
t lal1U [,.
._ ..if. ?.:;t Ji.. >Z _.i s., .,i:'? 1 it; ..lll±ti .a' .?, t i?..??_t.? i_ ..?1..t ....:•t _?? ..?[.` L.. ?.'..C ?y<_?.t..i??al it Evilt
u ch chtiraut?ust:; ?.it}lIn itc ran;': ,nuwn ha- tiles Mick Jc11,npii0_JI ut ilwo, to revtur? the
Gt13r.lt fcrl7ll id. ltltfeii in ihr 'rt Ji'n tle. L JCUrCS ihQUId re(lec! an, o) eruil aS t,iilletli LA the treanl Sz!ai 1 l:n1C1CI ev,.11U'I ,1011, It' -4
tihal'UCtc'tiJtl LanllUt blw 2bJ!U,tt d due to iitc or w:,athc l= c:,On tii or',, cnlcr 0 in the S..t Ii?4? hi;s and pro\ i& .i 1 CNIA101at1Ui: Iii tl"le
a.UiIlI71c"I11 SCCa1uG. l?? t:clC tt1eCC are ObblUlu chEiiltr m ll,. r. `•.'e\a s,'.`? the t GW Yd--,;t'.
tla+ a t+ifC?I ?, [tic irC:1C i il(d,, he di,, ideu Mitt ,fn,lllc!' ±nal. [ifPL i1 % , -111Ci 5CF?arite tltllll tlSed lti CVtltU.tlC etch
reach. the tssi`nc'if to a :si eam re:1Ch rnusf I tn-C Cditoc' SI G anal loi). ;,iih tf ticorc o tOO r:;*1'1I'e,,eminL 1 stream of the
hi_??hc',t yualit,<
Tr3taf Score if'ram revecsei: Continents - v, J=S X rol_ -
W- 1 a:Ld ; wr Ss'P-aQ n a y ?; fit? 3kC.__:u3. : 'a s a

E: aluator Signattt? e==-? ?, Date G !-ham/l q
This channel evai ttf?tf >n torn; is i?nded to be useli l?rtla lrs a guide to assist tandorners and ei' Irir+ atnentuf professionals in
gathering the data required by the United States Briny Corps of Engineers to make a preliminarti assessment of stream
qarticuta{Ilntti{oat+lncta aiolulung from the completion of this form is subject to ZSACh approval and dues not inipi? a
t£l?t3lrtn?t'.Ilt. .: ) ., I tlti'1.:c,tl, PAC't_: t: Ill )19-?ij"?'o-[ ,41
p a fib.

1
1
t
STREAM QUALITY ASSESSMENT WORKSHEET
ECOREGION POINT RANGE
# C
IS
ICS
HARACTER
T SCORE
Coastal Piedmont Mountain
I Presence of flow / persistent pools in stream 0-5 0-4 0-5
(no flow or saturation = 0; strong flow = max points 2
2 Evidence of past human alteration
0-6
0-5
0-5
(extensive alteration = 0; no alteration = max points)

3 Riparian zone
U 6
0-4
0-5
no buffer = 0; contiguous, wide buffer = max points) 2
4 Evidence of nutrient or chemical discharges 0-5 0-4 0-4
extensive discharges = 0• no discharges = max points) 3
5 Groundwater discharge 0-3 0- 4 0 _. 4
no discharge - 0• s rin s, se s wetlands etc. max points) 2
U
?.
ti Presence of adjacent floodplain
0-4
0•-4
0-2
(no dr)lain = 0; extensive floodplain = max points)
-

p
7 Entrenchment / floodplain access
0-5
0-4
0-2
„ deeply entrenched =0: frequent flooding = max Points) -? 1
j
8
T Presence of adjacent wetlands

U_ f,

0 -4

U-2
(no wetlands - 0, large adjacent wetlands w max pints)
- 1
?

9 Channel sinuosity
U _5
0_4
0.._3 -1
I
extensive channelication - 0; natural meander -- max_p
ulnts)
_
{{{ 1

i
to Sediment
itt
n?C s
0 .5
0 4
0 4 i

I
(extensive isition
0; l
ediment max points)
le or
3
1

l t
Size S diversity of channel bed substrate
(tine, ho
m(rgenous - 0; lag7, diverse sixt mix Points)
NA*
00 4
t) 5 _

_
-__
- i __ I

i Evidence of channel IucIsion or wid
nin
t} 5
0 -t
0
,
? ? (deeply incised -' 0, stable bed & hank,. _ max l?7llti) -
Presence of major bank failures ?
•? 13
i
-
0
(
bl
b
k 0..5 0 ?+ 0 a
1
severe eros
on
-
, no erasion, sta
s ? max rxlmts) y
e
an
Root de
th and densit
k
b 3

l .d
Ia p
y on
an
s
.

0- 3

0-4

0 1
(no visible routs - 0 dense roots throughout ~ max points) I 2

15 Impact by agriculture livestock, or timber production

(substantial impact A= no evidence max Taints}
0.,a
0-4 i
0..5

4 j
1 b Presence of riffle-poo!/ripple pool complexes

..
_
(nn rrttlesirlpples urpuol5
0 well-developcd - niax Dints)
- () ;

_ 0

1
1
•? 17 Habitat complexity t)6 Ov- G 0 6
Tittle or no habitat . U frequent, varied habitats -= ma_.x ui_nt,)
j m
1 Canopy coverage over streambed
0-5
0 -5
0-5 ?
(no shading vegetation 0; continuous
= cg a?tof??= max points) 2

19 Substrate embeddedness
NA*
0 4
0 -4
(deeply embedded = 0; loose structure = max 1 I
?0 Presence of stream invertebrates (see page 4) U 4 U 5 0
5
(no evidence= 0• common, numerous types - max points) - 2
i tr7 ,1 Presence of amphibians
0 (no evidence = 0; common, numerous types max points) 0-4 0-4 0-4
I 2
2
2 Presence of fish
no evidence _ 0; common, numerous tv ex intx Dints) 0 0- 4 0 - 4 0
23 Evidence of wildlife use
no evidence = 0; abundant evidence = max points) U - 6 0 - 5 0 - 5 2
I Total Points Possible 100 100 100
TOTAL SCORE (also enter on first page) i
L41 -
?` i hesti hara,:teristics are not assessed in coastal streams.

1

Notes on Characteristics Identified in Assessment Worksheet
1. Consider channel flow with respect to channel cross-sectional area (expected flow), drainage area, recent precipitation, potential
drought conditions. Surrounding land use, possible water withdrawals, presence of impoundments upstream, vegetation growth in
channel bottom (as indicator of intermittent flow), etc_
?. Human-caused alterations may inChrde relocation. channelization, excavation, riprap, gabions, culverts, levees, berms, spoil piles
adjacent to channel, etc.
3. The riparian zone is the area of vegetated land along each side of a sit cam or river that includes, but is not limited to, the
floodplairn. Evaluation Should consider width of riparian area with respect to floodplain width, vegetation density, maturity of
canopy and Understory, species variety, presence of undesirable invasive species (exonc';), breaks (utility corridors, roads, etc.),
presence of drainage tiles, togging activities, other disturbances which negatively affect function of the riparian zone.
4. Evidence of nutrient or chemical discharges includes pipes, ditches, and direct draining from commercial and industrial sites,
agricultural fields, pastures, golf courses, swimming pools, roads, parking lots, etc. Sewage, chlorine, or other foul odors,
discolored ?Aater, suds, excessive algal growth may also provide evidence of discharge.
5. Groundy?a+4r discharge may be indicated by persistent pools and saturated soils during dry weather conditions, presence of
adjacent wetland.,, seeps, and springs feeding channel, reduced soils in channel bottom.
6. Presence of floouplatr may be determined by topography and the slope of the land adjacent to the sucam, terracing, the extent of
development wilt;; ,c tloodplain, FEMA designation if known, etc.
i. Indicators of tloodpt ;t. access include sediment deposits, wrack lines, drainage patterns in tloodplain, local stream gauge data,
testimony of local resid:ta,, entrenchment ratio, etc. Note that indicators may relic and not a result of'regular flooding.
S. Wetland areas should be evaluated according to their location, size, duality, and adjacency relative to the stream channel, and
may be indicated by beaver activity, impounded or regularly saturated areas near the stream, prevruus delineations, National
Wetland inventory maps. etc. t W"eilands must meet criteria outiined at 196 delineation manual and arc subject to USAGE approval.)
9. Channel sinuosity should be evaluated with respect to the channel sizc and drainage area, valley slope, topography, etc.
10. To evaluate sediment deposition within the channel consider water turbidity, depth of sediment deposits forming at point bars and
in pools, evidence of eroding barni s or Other sCdillient sources w tihil, watershed (coastructton sites. Inctfecuvc erosion cuntrols ). In
rare cases, typically downstream ot'cuiverts or dams, a sediment deficit may exist and should be considered in scoring.
11. When looking at channel substrate, factor in parent material (presence of larger particics in soil horizons adjacent it) the stream), average
size of substrate {beclrock Iav sat, sand. gravel, cobble boulder etc.), and divcrsirv of particle size i riprap is excluded).
12. Indications of channel incision and deepening may include a v-shaped channel bottom, collapsing banks, evidence of recent
development and increased impervious surface area resulting in greater runoff in the watershed.
13. Baluaiiun should consider presence of maior bank Etilures along the entire reach under evaluation, including uprooted trees on
banks, banks falling into channel, formation of islands in channel as they widen, exposed soil, active zones of erosion, etc.
14. Increased root depth and density result in greater bark stability. Consider the depth and density that roots peneirale the bank
relative to the amount of exposed soil on the bank and the normal water elevation,
t5. Assessment of agricunure, it ,;stack, and of timber production impacts should address areas of streat i bank cl-stabilization,
Lvidence o1'livestock in or crossing stream, loss of riparian zone to pasture or agricultural fields, evidence of sccliment or high
nutrient levels enie.ing sirearns. drainage ditches eraerinr, streams, lass ofriparian zone due to togging, etc.
16. Riffle-pool steps can be identified by a series of alternating pools and riffles. Abundance, trequency, and relative depth of riffles
and pools should be considered with respect to topography tstv,:pne?s of terrain) and local geology (( ype of substmtc).
Coastal plain streams should be evaluated for the presenc ., of ripple-pool sequences. Ripples are bed fortes found in sand bed
streams with little or no gravei that form under low shear stress conditions, whereas, dunes and an"tidunes form under moderate
and high shear stresses, respectively. Dunes are the inns., common bed forms found in sand bed streanis.
17. Habitat complexity is an overall evaluation of the,artery and extent of in-stream and riparian habitat 1vpes ofliabitat to took
for include rocks cobble, sticks and leafpacks, snags and logs in the sur.ann, root mats, undercut banks, overhanging vegetation,
pool and riffle complexes, wetland pockets adjacent to channel, etc.
18. Evaluation should consider the shading cff;;ct that riparian y getation will provide to the stream during the growing season. Full
sun should be considered worst case, while good canopy coverage with some light penetration is best case.
19. Stream embeddedness refers to the extent that sediment that has tilled ice gaps and openings around the rocky and cobble in the
strearnbed. The overall size of the ar rage particle in the str ambed should be considered (srlatler rocks will have smaller gaps).
2U. Battration should be based on evidcnt;e of stretun aiv,:fiebrates gadlCit d irOM l:nuttipte habitats. Scores should reflect
abundance, taxa richness, and sensitivity of stream invertebrate types. (see attached examples of common stream invertebrates on page
4).
1. E=Valuatwn should in iua e : iderrce vfanphibians in st:';am amneL Tadpoles and frogs should receive minimum value. while
salamanders. ncv,t,, c„ may oc assigned higher value,
ih;2 }requ nc j ?tlC? t os'dille:. tc: 4,, -1 rt:.r nt fish to u obsvrv cd.
;. ?,.I,,.,.t.:?n gat w'tidl,t a.iluld .ni?lt.ttle J._tct ?hticrv::,t,.ir _. ?vl?t...«e r,: •??_ ,_Ils, 1ri ?t,.,gs-. ?,.,.va,:.rd?ns, ",n[..::; yta ,;,_, _:idenCe
or nor,. c.} of any anirnais using the strcambed of npanan zone, to include Small and large tnarranals. rodents, birds, reptiles,
insc:,ta. <tc.

1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
Common Stream Invertebrates
Sensitive Tara - Pollution sensitive org anisms that ma y be found in good duality water.
Caddistly Mayfly Stonetly Dobsontly
Rittle Beetle Water Penny Gilled Snail
Somewhat Tolerant Tara-- Somewhat pollution tolerant organisms that may be found in good or
"? ? 67L
i
f
Beetlc Larva Clan-, SoYhug Cranetly
;. iii • j'
G. ? Yuj
µ.
Crayfish _ Dums.lTly N` mph

Scud

Dragon Fly, Nymph
Tolerant Tara - Pollution tolerant organisms that may, be found ill any quality water.
I
? I I
Blacktly Lan:-, Leech Midl-c Fly Larva
?. __Aquatic i+ orzl _.=y? Pouch & Pond Sm11
1
t. SA( L. :al.I C7'•`{1 Site {Indicate un am ched map)
'
M STREAM QUALITY ASSESSiNIENT WORKSHEET -AQP
Provide the following information for the stream reach under assessment:
1. Appiiciutt s ntmc,.__Duk Ene??ay _Caro'_inas? LLC ". L?ali [tut .s nan e._,i
3. h,ite of e? aluatiun:_- r 3i G9 _ 4. f IITIC Of evalu UIUn:- 12 ? 30 pm - _ _.
?. L:Inie ut ,tle l I ;.i S m SA__. rs m ? b* i?_is f i ,i ia, r anv ce
7. A. ru.mllwt4 (mina--, arc l: acres 8. Stream ordcr.
9. I_ellL;d) of rca h eValu:atl:d:_ 250 ft 10. l'OllnG?? Rockingham
Il SICc; x tlii t ?I ?xvi Il,)' (l1 IaC xLl adGi 11 d? 't LIB" 5- ?. 54?)dlll?l {? name ([fany):
Iaun;d;xv _ .28985 __? ?- Lvn ,t..t..,; ?`lnoll?. ?9.721253
Nl t<<od tluluoll d ?, r I.J i YS fotq Mica t)rth?f { l riali 1'hi,ul t,lti Uth?r lS v_",C _
luc [tim
13. t. C)t, ILiif,i oC IL 1 :.. IlftLi{?Inl (T?tt?lc: IJY' 131fidallJ and I?LnIl.111SCC? t(Nt? ?ltta?t?(T? p idccQr?)??-'T.ZdtPlfl?y._ ?_ ..._.._.?._-_.
Relcl ovate >a__ ran5ml ?ior ower.
l i. F'rut v> c Unknown
`ullditloll"" ui )crv rvr - - -? -
tb. "IIC COth-filIM IS ;it Lille Vt S Ii l _ Undj L lh ?? --ea each i n wJ 6'.?
.ea.
17. IcieitUt`W and ?E?CC;1_1 3lCitit :.c'. iiaa.il't.;•1ht1111inCf J. R. .-___-Sc.. .!x. ii !ii I idc.l ?r'??,l: r: ._L.'isz fll.St Ef,}7clley i-t cihitul
1 1!k)lt4 ?,Y.:-t.t? __.._._..l i?-•1°,l.it'u?:? i?,,.?x-ul4c; ZlWi
13-? Satlic:ft ?Lil=ltt•v? r. .sP?'t? -._'ti'.;dt?;( SU(tl)iy 'v?',..1Ci',ilc:? __II-1'? i
k dm" I p t a 0r 1, ) 14 il t I 1 i .rt tl li ,1)?4.,Ih ,III 'I t ,it f 1 L L L'LQ ifi 1 dui l,ll
14, 1 .la-,f i
t ?`' . 4_ l'trtid ? tl f
.3. tS;liln h (11 r ?'?>Iir %h=1 iv it)(s ! :'z?Aite
f 4, ( tl .tiltl ? 'slti i .1 P.Oi lnlLF 0t ,it: ailx -_1'I,tt Li it. rl l ?Iill? i t. `{ 1
X-
taslz'uctl+,ns fur winpittwo of rrol4slIvv( (Ioeatetl K)1 pa": ') tit;, w by , t n.nn:n ifie ii, ?i a{'ihix,l,r„-,h tirtC?iun h x:. u ?frt
e L 1111.!( .3i1 ea; tlk ti I Si f' ! i is hu 1, 111ULi- 1'tl i v J :i ! lt.li U4. i .Lid rtt !) 11.,7liltl i.. r...;?iC 'a ?.%C?_'.111li_ n 3S1?Lr.5 11[, lad
.t ??iC{t .?idlilhLU lSllti ,11„tli7 .,, x., ir, }?U'.`. .I lvi lilc ?l..xl ;; +xi. f _. F,. .? iN.>.li.t::', s ?lii} d,:ticlf) ttiJil xJ 1? }iU14 to
ti,,. !v 4v 1L11e
-iltaullt l'ctl"! cul o"Cl-lit1 ;as?9aRh`III of the t.ti"e2ilii feuch undcf, -CVA'Iali N1. 11 1
i to CU::tJt'i?llt: ?: ?lllitt it t')4. '?dlUiltcd s1UC' f.r ?ItC .. ?t: .(titf i;i iiltt ll fij, it r 1_i ul tole _iCl VI b(A 11"d
1 _C I'lle "eliloii Wlcr. th1:t;.: aie ubviuu_, It rn1.s 111 ttl •:Utli t.x ul x iti ;t},S Uildcl 1L'4 xeti# f t the ?u"-.lfn !iVwS trom a p'OJ Lt
ilLIU a ill,,: b1CCiL;ii tt1t:Y ilG .it'. iili:i I111V .ii_lallL:f rCLilhr:5 Ulat di-'plav tllo(?: -olllillUil?, dIld a StiClaf SIC tOrIll li?C:CI tU v4at lkitC cacb
-h. 1 hr- wi..1 it fnu-if lin??,C [3C tai :..tIl t) 1111 H A1' ivaifl d .sl.urC Ot 1OO L'[lFC:y.'Pt16c a Str%"dill 1)I illc
local Score (1'rt7n1 reverse): 33 Srream 15 a-rsC order drat:: 8 t_riat coilec-'s
.__- Commenrs:
_ ydrelogy frocu wetland D.
C % aluium-s Si rlatlat?_--??
I-his channel e'? alu'on fcirm is intended to be usr?i,?ni?as a nidE to assist iandossners and ensironmental professionals in
gathrliii; [f14 ra rec{uir-d lir the Lnited States :army Corps of l ngineers to make a preliminary assessment of stream
yualit,.. fhe coma scars resultin+? from the completion of this turn, Vs !object to LS-XCf approtial and dues not iniply a
par ticutar n'ritinari`oll rwiu or reifuirenltilt. x" Ii 3j. ! [+: _ [nxJI7 llq ( ? (C„ u., .r. p!
b-
1

STREAM QUALITY ASSESSMENT WORKSHEET

1
1

1

L

#
CHARACTER
ST
CS ECOREGION POIN T RANGE
I
I SCORE
Coastal Piedmont Mountain
I Presence of flow / persistent pools in stream

(no flow or saturation = 0; strong flow _ max paints} 0-5 0-4 0-5
1
2 Evidence of past human alteration 0--6 0-5 0-5
(extensive alteration = 0; no alteration = max points) 1
3 Riparian zone
no buffer = 0; contiguous, wide buffer = max points) 0-6 0-4 0-5
1
4 Evidence of nutrient or chemical discharges 0-15 0
4 U
4
(extensive discharges = 0; no discharges - max points) - - 3
,.?
5 Groundwater discharge
0-3
0-4
0-4
U
no discharge - 0; springs, seeps, wetlands, etc. - max oints) 2

6 Presence of adjacent fioodplain
0--4
0-4
0-2
no flo_..adplain = 0; extensive flood lain = max points 1
? Entrenchment / floodplain access -

i
?delentrenuhed 0; frequent flooding max atnt:) 0-5 0 ?} 0-
)
2

I
8 Presence of adjacent wetlands

j
0-6
0--4
0-2
i
1 (no wetlands 0 large ad
acent wetlands -. max points)
_ i
j
9 Channel sinuosity
0 -5
0 -4
0 -l
f
(extensive chxnneltration = 0; natural meander inax paints 0
to t0 Sediment input
- 0- 5 0 -4 0-4

(extensive de position 0
little. or no sediment tmax points)

- 3
Size & diversity of channel bed substrate ' . ,
I (l tune, honro;;cnoua - 1); Ilar-gzi disc rse size. rnax ?t ) y NA 4
0 () 1 I

I
12 Evidence of channel incision or widening - {

w (dec,ply incised 0; stable bed Se. banks
max pottstx) I 0 5 u 4 0 5
N
2
13 _
Presence of major bank failures 0 o 0
m (severe erosion - 0: no erosion, stable banks ?nux?o nts} 3
?
14 Root depth and density on banks j
?
(no visible rusts -- U dense rook throukhout --- neax paints) i 0 3 t)4 O 5 ?
1

15 Impact by agriculture, livestock, or timber production
0 5
4

(substantial ini act -0: no evidence--nlax points)
-` P (
0 t)
_!
-4 ---
l( resence of rttfle-poaUripple-pool complexes

? >
(no ntflesrn 1es of- Pools -

tapcd _ m.tx point)
l eve
O 0 3 U-5 Oats ? 0 I

`t I t-Iabitat
complexity
0-6
0- 6
0
6
F (little or no habitat -- 0; frequent, varied habitats- max mints) - 2

18 Canopy coverage over streambed
0
5

(no shading vegetation 0, eontinuaus canopy.- max points)
i - 0- 5 0-5
r
ly Substrate embeddedness *
tt -4

I
0-4
(deeply embedded - U; loose structure --- max)

0 Presence of stream invertebrates (see page 4) i

(no evidence = U; common numerous tvpes _. max points) 0-4 0-5 0-5 I
1
Presence of amphibians

O -
(no evidence = U; conunon, numerous types = max amts) 0-4 0-4 u -4
22 Presence of fish

no evidence = 0; common, numerous types _ max points) 0-4 0 4 0-4
0

23 Evidence of wildlife use

f
no evidence = 0; abundant evidence = max points) 0-6 0--5 0--5

Total Points Possible
100
--
100
T
100
1
TOTAL SCORE (also enter on first page) 33
* Fhese char'actenstws an, ?iot assesscd to coastal streams.
1

1
Notes on Characteristics Identified in Assessment Nyorksheet

1
1

1
1

1
1

1
1. Consider channel flow with respect to channel cross-sectional area t ,petted flow), drainage area, recent precipitation, potential
drought conditions, surrounding land use, possible water withdrawals, presence of impoundments upstream, vegetation growth in
channel bottom (as indicator of intermittent flue; ), etc.
2. Human-caused alterations may include relocation, channelization, excavation, riprap, gabions, culverts, levees, berms, spoil piles
adjacent to channel, etc.
3. The riparian zone is the area of vegetated land along each side of a stream or river that includes, but is not limited to, the
floodpiain. Evaluation Should consider width or riparian area vvith respect to floodplain ;vidth, vegetation density, maturit} of
canopy and tmderstory. species variety, presence ofundesirable invasive species (exotics), breaks (utility corridors, roads, etc.i,
presence ofdrainage tiles, logging activities, other disturbances which negatively affect function of the riparian zone.
4. Evidence of nutrient or chemical discharges includes pipes, ditches, and direct draining from commercial and industrial sites,
agricultural fields. pastures. golf courses, swimming pools, roads, parking tots, etc. Sewage, chlorine, or other foul odors,
discolor<,d water, suds, excessive algal growth may also provide evidence of discharge.
5. Groundwflt , discharge may be indicated by persistent pools and saturated soils during, dry weather conditions, presence of
adjacent vvetlands, steps. and springs feeding channel. reduced soils in channel bottom.
b. Presence of floociplains may be determined by topography and the slope of the land adjacent to the stream, terracing, the extent of
development with) r iloodplain, FEMA designation if known, etc.
7. Indicators of fioodpt to ess include sediment deposits, wrack tines, drainage patterns in tloodplain, local stream gauge data,
testimony of local reside utJ, entrenchment ratio, etc. Note that indicators may relic and not a result of regular flooding.
8. Weiland areas should be evaluated) according to their location, size, quality, and adjacency relative to the stream channel, and
may be indicated by beaver activity, impounded or regularly saturated areas near the stream, previous delineations, National
Wetland Inventory maps. etc. (bk etlands must ineet criteria outlined in 1957 dclinaation manual and are subject to I,ISACE approval.)
9. Channel sinuosity should be evaluated with respect to the channel size and drainage area, valley slope, topography, etc.
10. To evaluate sediment deposition within the channel consider water turbidity, depth of sediment deposits forming at point bars and
in pools, evidence oferoding banks or other seditrient sources within watershed (cor,.trueuon ;ites, ineffective erosion controls). In
rare cases, typically downstream of culverts or dams, it sediment deficit may exist and should be considered in scoring.
11, When looking at channel substrate, factor in parent material (presenco of larger parilclc, in sail horizons adjacent to the stream), average
Size of substrate (bed.ock, cla sih, sand, gravel, cobble boulder, ), attd diversity of particle size (riprap is excluded).
11 indications of'channei incision and deepening tnay include a v-sti,tped channel bottom, collapsing banks, evidence of recent
development and increased impervious surface area resulting in greater runoff in the watershed.
13. Evaluation should consider presence ofmajor bank failumes along the entire reach under evaluation, including uprooted trees on
banks, banks falling into channel, formation of islands in channel as they widen, cxposcd soil, active zones of erosion, etc.
1 Increased coot dept) and density result in ,==renter batik stability. t unsidcr the depth and density that rootS penetrate the bank
relative to the amount )C exposed soil {in the bank and the norms i water cievatlon.
1 5 AlseSsMCrtt of agrii:l:Iturc. livestock aria or tiriiber producilon imp lets ;hound address rcas W SLrcLr I1 b-nk tlk,mat-,llizatluf,
ev'defice of livestock in or crossing stream, loss of riparian zone to paSture of agricultural fields, evidence of sediment or high
nutrient levels entc'rini2 SCrcatna, irinia'ze ditches entcrin Jtme tn1S, 10JS Of rrpariUll ? ).il due to logs ino, c'tC.
-1 Z7
!h. Riffle-pool steps can be ideotitied by a series of alternatinya pot) Is and ri.tfle>. Abundance, frequent . and relative depth of riffles
and pools should be considered with respect to wpugraphy (stcepncys of terrain) and local t4eology ;e ne ,3t'subsuaie).
Coastal plain streams should be evaluated for the presence of ripple pool sequences. Ripples are bed forms found in sand bed
streams with little or no gravel that form under low shear stress conditions, whereas, dunes and antiduries form tinder moderate
and high shear stresses, respectiveiv. Dunes are the niost conin:on bed forms found in sand bed streams.
17. Habitat complexity is an overall evaluation of the variety ante :. tcut of in-stream and riparian habitat. Types of habitat to look
for include rocks,r cobble. sticks and teatpacks, snags and logs in the stream, rout mats, undercut banks, overhanging vegetation,
pool and riffle complexes, wetland pocket-, adjacent to channel, etc.
18, Evaluation should consider the shading effect that riparian vegetation will provide to the qtr am during the growing season. Full
sun should be considued worst case, while good canopy coverage with some light penetration is best case.
19. Stream erribeddedness refers to the extent that sediment that has tilled in gaps and openings around the rocks and cobble in the
streambed. The overall size of the average particle in the streambed should be considered (smaller rucks ,vill lia.e smaller gaps;.
20. Evaluation should be based on evidence of stream invenebrat s gathered horn muiliplc habitats. SctTcs should reflect
abundance, taxa richness, and sensitivity ofstreain invertebrate types. ;See attached examplas of common stream invenebrates on paga
4).
21. ivaluatioa should tnclu.dc - idcnc;: of atnphibians in stream channel I'adpoles and frogs should receive minimum value, while
saltunandefi, newts, etc. nta., be assigned higher valor.
?,:.. E i,uilu?It O 1-1,-.n hOUld, -LCLy sidler th,,i f itiquenc- :1:. t1, 'h,. .
y t `ai
ier.=:.Ri -tIJ iI i:i:ia vbJGl'-v ed.
._3 i.'.111iaii?7li of c>r 11.uL!I ,ih?'. iU td trii'h,tlle direct obser-,Mion or _i .rack-,. hu.r.t.;:? 7 ar.d3 -Vti+eP,C?
ill tl?,nlng, Clc-. 0 tin} rlinlid'; ll.smz the trCarnbed,.- riparrari -eone, to niciudc st-lall and large mammals, rodents, birds, reptiles,
tnse':.S. ei?

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Common Stream Invertebrates
aensinve r aura -1 onutron sensitive organisms that may be round in ood quality water.
C.addistly Mayfly Stonetly Dobsontly
Riffle Beetle Water Penny Gilled Snail
oume"tia o uierum rasa - oomewnat ouurion tolerant or anlsms that ma ° tie touncl in good or
I ? f
i
oeetle Larva
C' Iam
I
pppv' fFr '.;
6?r?f n/ ? fS
i. ,
C'raytish Damseltly Nymph
Sowbug Cranefly
? •41 i i
1
Saud Dragon Ply Nymph
Toletant 1'asa - Pollution tolerant orizanisms that mati he round
lity water.
Bfacktly Larti : Leech tvlid,e Fry Lama
y
ACluatie. Worm Pouch & Pond Snail

APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
' This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
' SECTION I: BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD):
B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Raleigh Field Office, Duke Energy Carolinas, LLC - Dan River Combined
' Cycle Turbine Project - Drainage SA
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State: North Carolina County/parish/borough: Rockingham City: Eden
Center coordinates of site (lat/long in degree decimal format): Lat. 36.491122° X., Long. -79.720289° .
' Universal Transverse Mercator:
Name of nearest waterbody: Dan River
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Dan River
Name of watershed or Hydrologic Unit Code (HUC): 03010103
19 Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request.
E] Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a
different JD form.
' D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
Office (Desk) Determination. Date:
Field Determination. Date(s): June 6, 2009
' SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
' There Are, no "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the
review area. [Required]
0 Waters subject to the ebb and flow of the tide.
Waters are presently used, or have been used in the past, or maybe susceptible for use to transport interstate or foreign commerce.
Explain:
' B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There Are "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required]
1. Waters of the U.S.
a. Indicate presence of waters of U.S. in review area (check all that apply): t
TNWs, including territorial seas
' Wetlands adjacent to TNWs
Relatively permanent waters2 (RPWs) that flow directly or indirectly into TNWs
Non-RPWs that flow directly or indirectly into TNWs
(] Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
' Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
Impoundments of jurisdictional waters
Isolated (interstate or intrastate) waters, including isolated wetlands
b. Identify (estimate) size of waters of the U.S. in the review area:
Non-wetland waters: 359 linear feet: 1 to 4 width (ft) and/or acres.
' Wetlands: 0.46 acres.
c. Limits (boundaries) of jurisdiction based on: 1t?"
Elevation of established OHWM (if known):
2. Non-regulated waters/wetlands (check if applicable):3
Q Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain:
Boxes checked below shall be supported by completing the appropriate sections in Section III below.
' z For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
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Supporting documentation is presented in Section III.F.

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SECTION III: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete
Section HI.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections HI.A.1 and 2
and Section III.D.1.; otherwise, see Section III.B below.
1. TNW
Identify TNW:
Summarize rationale supporting determination:
Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetland is "adjacent":
B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps
determine whether or not the standards for jurisdiction established under Rapanos have been met.
The agencies will assert jurisdiction over non-navigable tributaries of TNWs where the tributaries are "relatively permanent
waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3
months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round
(perennial) flow, skip to Section HI.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
skip to Section III.D.4.
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and
EPA regions will include in the record any available information that documents the existence of a significant nexus between a
relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even
though a significant nexus finding is not required as a matter of law.
If the waterbody° is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the
waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is
the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for
the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite
and offsite. The determination whether a significant nexus exists is determined in Section III.C below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
' (i) General Area Conditions:
Watershed size: 57 acres
Drainage area: 57 acres
Average annual rainfall: 44 inches
' Average annual snowfall: 8 inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
® Tributary flows directly into TNW.
? Tributary flows through Pick List tributaries before entering TNW.
Project waters are 1,(or Less) river miles from TNW.
' Project waters are Pick List river miles from RPW.
Project waters are I (or less) aerial (straight) miles from TNW.
Project waters are fick List aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
' Identify flow route to TNW5: Stream SA enters a culvert located beneath the access road and is piped directly to the Dan
River.
Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and
West.
5 Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW.
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Tributary stream order, if known: I" and 2°d.
(b) General Tributary Characteristics (check all that apply):
Tributary is: ? Natural
? Artificial (man-made). Explain:
® Manipulated (man-altered). Explain: Tributary and associated wetlands are part of the existing
facility's stormwater system constructed within existing drainage ways. Overtime these features have developed characteristics of
jurisdictional features including bed and bank, substrate sorting, intermittent flow, and wetland indicators.
Tributary properties with respect to top of bank (estimate):
Average width: 3 to 4 feet
Average depth: 1 to 2 feet
Average side slopes: Verical (1:l less).
,or Primary tributary substrate composition (check all that apply):
? Silts ® Sands ? Concrete
? Cobbles ® Gravel ® Muck
? Bedrock ? Vegetation. Type/% cover:
? Other. Explain:
Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: Moderate bank stability, incised channel
with small drainage area. Serves as headwater and therefore has greater stability than would a stream further down slope.
Presence of run/riffle/pool complexes. Explain: None other than the splash pool below the culvert outfall.
Tributary geometry: Relatively t"jw
Tributary gradient (approximate average slope): 1 to 2 %
(c) Flow:
Tributary provides for: pnalaf pw
Estimate average number of flow events in review area/year: 1
Describe flow regime: Intermittent to perennial flow.
Other information on duration and volume: Unknown.
Surface flow is: Confn. Characteristics:
Subsurface flow: No. Explain findings: Stream is daylighted over the entire reach except for portions that are culverted.
? Dye (or other) test performed:
Tributary has (check all that apply):
® Bed and banks
® OHWM6 (check all indicators that apply):
® clear, natural line impressed on the bank ?
? changes in the character of soil ?
? shelving ?
? vegetation matted down, bent, or absent ?
? leaf litter disturbed or washed away
? sediment deposition ?
? water staining ?
? other (list):
the presence of litter and debris
destruction of terrestrial vegetation
the presence of wrack line
sediment sorting
scour
multiple observed or predicted flow events
abrupt change in plant community
® Discontinuous OHWM.7 Explain: Stream SA loses geomorphology for a short time in wetland A.
If factors other than the OHWM were used to determ
Q High Tide Line indicated by:
? oil or scum line along shore objects
? fine shell or debris deposits (foreshore)
? physical markings/characteristics
? tidal gauges
? other (list):
ne lateral extent of CWA jurisdiction (check all that apply)
Mean High Water Mark indicated by:
? survey to available datum;
? physical markings;
? vegetation lines/changes in vegetation types.
(iii) Chemical Characteristics:
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.).
Explain: Stream SA drainage area contains a capped coal ash basin. However, water quality was clear.
Identify specific pollutants, if known: Unknown.
6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow
regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break.
Ibid.
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(iv) Biological Characteristics. Channel supports (check all that apply):
® Riparian corridor. Characteristics (type, average width): Partial riparian corridor on the upper reach of Stream SA. Tree
1 stand is approximately 25 feet on either side.
® Wetland fringe. Characteristics: Palustrine emergent wetland.
? Habitat for:
? Federally Listed species. Explain findings:
' ? Fish/spawn areas. Explain findings:
? Other environmentally-sensitive species. Explain findings:
? Aquatic/wildlife diversity. Explain findings:
2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW
(i) Physical Characteristics:
(a) General Wetland Characteristics:
' Properties:
Wetland size:0.46acres
Wetland type. Explain: Palustrine emergent wetland.
Wetland quality. Explain: Low. Wetlands A and B are primarily seep wetlands that do not provide for flood or
' nutrient storage..
Project wetlands cross or serve as state boundaries. Explain: No.
(b) General Flow Relationship with Non-TNW:
Flow is Fereen ' bow. Explain: Moderate flow was observed during the height of the growing season with greater than
48 hours since previous precipitation.
Surface flow is: OveFlandshetflow
Characteristics: Seepage flow comes from surrounding fill areas.
Subsurface flow: Unknown. Explain findings:
? Dye (or other) test performed:
' (c) Wetland Adjacency Determination with Non-TNW:
® Directly abutting
? Not directly abutting
? Discrete wetland hydrologic connection. Explain:
? Ecological connection. Explain:
? Separated by berm/barrier. Explain:

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(d) Proximity (Relationship) to TNW
Project wetlands are I (or less) river miles from TNW.
Project waters are I (or less) aerial (straight) miles from TNW.
Flow is from: Wwand to navigable waters.
Estimate approximate location of wetland as within the Z=gear or less floodplain.
(ii) Chemical Characteristics:
Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain: Evidence of iron oxidizing bacteria was observed.
Identify specific pollutants, if known: Unknown.
(iii) Biological Characteristics. Wetland supports (check all that apply):
? Riparian buffer. Characteristics (type, average width):
® Vegetation type/percent cover. Explain:Emergent vegetation. Coverage varies from 25% to 75%.
? Habitat for:
? Federally Listed species. Explain findings:
? Fish/spawn areas. Explain findings:
? Other environmentally-sensitive species. Explain findings:
? Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if any)
All wetland(s) being considered in the cumulative analysts: 2
Approximately ( 0.4 ) acres in total are being considered in the cumulative analysis.
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For each wetland, specify the following:
Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres)
Yes 0.27 Yes 0.13
Summarize overall biological, chemical and physical functions being performed: Limited nutrient and flood control.
Wetlands generally serve as hydrology sources. Some wildlife habitat provided.
C. SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed
by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity
of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent
wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW.
Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow
of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent
wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or
outside of a floodplain is not solely determinative of significant nexus.
Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and
discussed in the Instructional Guidebook. Factors to consider include, for example:
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to
TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and
other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D:
2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into
TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its
adjacent wetlands, then go to Section III.D:
Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of
presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to
Section III.D:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
TNWs: linear feet width (ft), Or, acres.
? Wetlands adjacent to TNWs: acres.
RPWs that flow directly or indirectly into TNWs.
? Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that
tributary is perennial:
? Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are
jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows
seasonally:

Provide estimates for jurisdictional waters in the review area (check all that apply):
Tributary waters: linear feet width (ft).
[] Other non-wetland waters: acres.
Identify type(s) of waters:
' 3. Non-RPWss that flow directly or indirectly into TNWs.
Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a
TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C.
Provide estimates for jurisdictional waters within the review area (check all that apply):
Tributary waters: linear feet width (ft).
Other non-wetland waters: acres.
Identify type(s) of waters:
4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
Q Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is
directly abutting an RPW:
0 Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is
seasonal in Section 111.13 and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly
abutting an RPW:
' Provide acreage estimates for jurisdictional wetlands in the review area: acres.
5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
' ? Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent
and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this
conclusion is provided at Section III.C.
' Provide acreage estimates for jurisdictional wetlands in the review area: acres.
6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
' ? Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and
with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this
conclusion is provided at Section III.C.
' Provide estimates for jurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional waters!
As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional.
' Q Demonstrate that impoundment was created from "waters of the U.S.," or
Q Demonstrate that water meets the criteria for one of the categories presented above (1-6), or
Q Demonstrate that water is isolated with a nexus to commerce (see E below).
' E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY
SUCH WATERS (CHECK ALL THAT APPLY):"
' which are or could be used by interstate or foreign travelers for recreational or other purposes.
from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
which are or could be used for industrial purposes by industries in interstate commerce.
Interstate isolated waters. Explain:
' Q Other factors. Explain:
1 'See Footnote # 3.
To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook.
10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for
review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos.
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Identify water body and summarize rationale supporting determination:
Provide estimates for jurisdictional waters in the review area (check all that apply):
Tributary waters: linear feet width (ft).
Other non-wetland waters: acres.
Identify type(s) of waters:
[] Wetlands: acres.
F. NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements.
Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce.
? Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the
"Migratory Bird Rule" (MBR).
Q Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain:
Other: (explain, if not covered above):
Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR
factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional
judgment (check all that apply):
Q Non-wetland waters (i.e., rivers, streams): linear feet width (ft).
Lakes/ponds: acres.
E] Other non-wetland waters: acres. List type of aquatic resource:
[] Wetlands: acres.
Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such
a finding is required for jurisdiction (check all that apply):
Non-wetland waters (i.e., rivers, streams): linear feet, width (ft).
Lakes/ponds: acres.
Other non-wetland waters: acres. List type of aquatic resource:
? Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked
and requested, appropriately reference sources below):
? Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant:
Q Data sheets prepared/submitted by or on behalf of the applicant/consultant.
? Office concurs with data sheets/delineation report.
? Office does not concur with data sheets/delineation report.
Data sheets prepared by the Corps:
Corps navigable waters' study:
U.S. Geological Survey Hydrologic Atlas:
? USGS NHD data.
? USGS 8 and 12 digit HUC maps.
[] U.S. Geological Survey map(s). Cite scale & quad name:
Q USDA Natural Resources Conservation Service Soil Survey. Citation:
National wetlands inventory map(s). Cite name:
State/Local wetland inventory map(s):
FEMA/FIRM maps:
Q 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
Photographs: ? Aerial (Name & Date):
or ? Other (Name & Date):
Previous determination(s). File no. and date of response letter:
Q Applicable/supporting case law:
El Applicable/supporting scientific literature:
Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD:

APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
' This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
' SECTION I: BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD):
B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Raleigh Field Office, Duke Energy Carolinas, LLC - Dan River Combined
' Cycle Turbine Project - Drainage SB
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State: North Carolina County/parish/borough: Rockingham City: Eden
Center coordinates of site (lat/long in degree decimal format): Lat. 36.491122° N, Long. -79.720289° W.
' Universal Transverse Mercator:
Name of nearest waterbody: Dan River
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Dan River
' Name of watershed or Hydrologic Unit Code (HUC): 03010103
® Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request.
E] Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a
different JD form.
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
Q Office (Desk) Determination. Date:
® Field Determination. Date(s): June 6, 2009
' SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There Are ko "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the
' review area. [Required)
Waters subject to the ebb and flow of the tide.
[] Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce.
' Explain:
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There Are "waters of the U.S. within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required]
1. Waters of the U.S.
a. Indicate presence of waters of U.S. in review area (check all that apply): '
Q TNWs, including territorial seas
' Wetlands adjacent to TNWs
Relatively permanent waterS2 (RPWs) that flow directly or indirectly into TNWs
Non-RPWs that flow directly or indirectly into TNWs
0 Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
' Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
Q Impoundments of jurisdictional waters
Isolated (interstate or intrastate) waters, including isolated wetlands
' b. Identify (estimate) size of waters of the U.S. in the review area:
Non-wetland waters: NA (Intermittent-Unimportant) linear feet: 1 to 2 width (ft) and/or acres.
' Wetlands: 0.22 acres.
c. Limits (boundaries) of jurisdiction based on: 987 Ll4eao }4(anuat
Elevation of established OHWM (if known):
' 2. Non-regulated waters/wetlands (check if applicable):3
Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain:
Boxes checked below shall be supported by completing the appropriate sections in Section III below.
' Z For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
' Supporting documentation is presented in Section III.F.

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SECTION III: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete
Section III.A.1 and Section M.D.I. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections HI.A.1 and 2
and Section III.D.1.; otherwise, see Section HI.B below.
1. TNW
Identify TNW:
Summarize rationale supporting determination:
Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetland is "adjacent":
B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps
determine whether or not the standards for jurisdiction established under Rapanos have been met.
The agencies will assert jurisdiction over non-navigable tributaries of TNWs where the tributaries are "relatively permanent
waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3
months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round
(perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
skip to Section III.D.4.
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and
EPA regions will include in the record any available information that documents the existence of a significant nexus between a
relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even
though a significant nexus finding is not required as a matter of law.
If the waterbody4 is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the
waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is
the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for
the tributary, Section III.B.2 for any onsite wetlands, and Section IH.B.3 for all wetlands adjacent to that tributary, both onsite
and offsite. The determination whether a significant nexus exists is determined in Section III.C below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: 6.8 acres
Drainage area: 57 E4
Average annual rainfall: 44 inches
Average annual snowfall: 8 inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
® Tributary flows directly into TNW.
? Tributary flows through Pick L tributaries before entering TNW.
Project waters are fl(or less) river miles from TNW.
Project waters are Pick IM river miles from RPW.
Project waters are j (or'lej aerial (straight) miles from TNW.
Project waters are PAW aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNW5: Stream SB converges with Stream SA prior to entering the culvert.
Tributary stream order, if known: I st.
4 Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and
West.
5 Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW.

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(b) General Tributary Characteristics (check all that apply):
' Tributary is: ? Natural
® Artificial (man-made). Explain:
® Manipulated (man-altered). Explain: Tributary and associated wetlands are part of the existing
facility's stormwater system constructed within existing drainage way. Overtime these features have developed characteristics of
' jurisdictional features including bed and bank, substrate sorting, intermittent flow, and wetland indicators
Tributary properties with respect to top of bank (estimate):
Average width: 1 to 2 feet
' Average depth: 1 feet
Average side slopes vertical (Jilt
gr iess).
Primary tributary substrate composition (check all that apply):
' ? Silts ® Sands ? Concrete
? Cobbles ? Gravel ® Muck
? Bedrock ? Vegetation. Type/% cover:
? Other. Explain:
' Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: Moderate bank stability, incised channel
with small drainage area. Serves as headwater and therefore has greater stability than would a stream further down slope.
Presence of run/riffle/pool complexes. Explain: None.
' Tributary geometry: Relatively straight
Tributary gradient (approximate average slope): 1 to 2 %
(c) Flow:
' Tributary provides for: Intermittent but not seasonal now
Estimate average number of flow events in review area/year: 1
Describe flow regime: Stream has been classified as intermittent-unimportant.
Other information on duration and volume: Unknown.
' Surface flow is: Confined. Characteristics:
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Subsurface flow: No. Explain findings: Stream is daylighted over the entire reach except for portions that are culverted.
? Dye (or other) test performed:
Tributary has (check all that apply):
® Bed and banks
® OHWM6 (check all indicators that apply):
® clear, natural line impressed on the bank ?
? changes in the character of soil ?
? shelving ?
? vegetation matted down, bent, or absent ?
? leaf litter disturbed or washed away
? sediment deposition ?
? water staining
? other (list):
E] Discontinuous OHWM.' Explain: .
If factors other than the OHWM were used to determ
High Tide Line indicated by: 13
? oil or scum line along shore objects
? fine shell or debris deposits (foreshore)
? physical markings/characteristics
? tidal gauges
? other (list):
(iii) Chemical Characteristics:
the presence of litter and debris
destruction of terrestrial vegetation
the presence of wrack line
sediment sorting
scour
multiple observed or predicted flow events
abrupt change in plant community
ne lateral extent of CWA jurisdiction (check all that apply):
Mean High Water Mark indicated by:
? survey to available datum;
? physical markings;
? vegetation lines/changes in vegetation types.
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.).
Explain: Small tributary receives hydrology from surface flow and discharge from wetland D. Watershed is maintained
lawn. Water quality is good, however discharge may contain contaminants associated with coal fired power plants.
6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow
regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break.
Ibid.
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Identify specific pollutants, if known: Unknown.
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(iv) Biological Characteristics. Channel supports (check all that apply):
? Riparian corridor. Characteristics (type, average width):
® Wetland fringe. Characteristics: Palustrine emergent wetland.
? Habitat for:
? Federally Listed species. Explain findings:
? Fish/spawn areas. Explain findings:
? Other environmentally-sensitive species. Explain findings:
? Aquatic/wildlife diversity. Explain findings:
2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW
(i) Physical Characteristics:
(a) General Wetland Characteristics:
Properties:
Wetland size:0.22 acres
Wetland type. Explain: Palustrine emergent wetland.
Wetland quality. Explain: Low. Wetlands C and D are primarily seep wetlands that do not provide for flood or
nutrient storage.
Project wetlands cross or serve as state boundaries. Explain: No.
(b) General Flow Relationship with Non-TNW:
Flow is: tern ttept flOw. Explain: Flow is intermittent, channel has been classified as intermittent-unimportant.
Surface flow is 044iid she+etllow
Characteristics: Seepage flow comes from surrounding fill areas.
Subsurface flow: >'_ iltoown. Explain findings:
? Dye (or other) test performed:
(c) Wetland Adjacency Determination with Non-TNW:
® Directly abutting
® Not directly abutting
® Discrete wetland hydrologic connection. Explain: Stream SB generally losses geomorphology below wetland D.
However a discrete connection to the wetland is present and can easily be observed.
? Ecological connection. Explain:
? Separated by berm/barrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are 1(or less) river miles from TNW.
Project waters are 1 (or less) aerial (straight) miles from TNW.
Flow is from: Wetland to navigable waters.
Estimate approximate location of wetland as within the 2-year or less floodplain.

(ii) Chemical Characteristics:
Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain: Evidence of iron oxidizing bacteria was observed.
Identify specific pollutants, if known: Unknown.
(iii) Biological Characteristics. Wetland supports (check all that apply):
? Riparian buffer. Characteristics (type, average width):
® Vegetation type/percent cover. Explain: Emergent vegetation. Coverage varies from 25% to 75%.
? Habitat for:
? Federally Listed species. Explain findings:
? Fish/spawn areas. Explain findings:
? Other environmentally-sensitive species. Explain findings:
? Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if any)
All wetland(s) being considered in the cumulative analysis: 2
Approximately ( 0.22 ) acres in total are being considered in the cumulative analysis.

For each wetland, specify the following:
Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres)
Yes 0.13 Yes 0.09
' Summarize overall biological, chemical and physical functions being performed: Limited nutrient and flood control.
Wetlands generally serve as hydrology sources. Some wildlife habitat provided.
C. SIGNIFICANT NEXUS DETERMINATION
' A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed
by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity
of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent
wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW.
Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow
of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent
wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or
outside of a floodplain is not solely determinative of significant nexus.
Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and
discussed in the Instructional Guidebook. Factors to consider include, for example:
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to
TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and
' other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D:
2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into
TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its
adjacent wetlands, then go to Section III.D:
3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of
presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to
Section III.D:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
' 1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
Q TNWs: linear feet width (ft), Or, acres.
Q Wetlands adjacent to TNWs: acres.
2. RPWs that flow directly or indirectly into TNWs.
Q Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that
tributary is perennial:
Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are
t jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows
seasonally:
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Provide estimates for jurisdictional waters in the review area (check all that apply):
[] Tributary waters: linear feet width (ft).
Other non-wetland waters: acres.
Identify type(s) of waters:
3. Non-RPWs8 that flow directly or indirectly into TNWs.
Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a
TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C.
Provide estimates for jurisdictional waters within the review area (check all that apply):
0 Tributary waters: linear feet width (ft).
[{ Other non-wetland waters: acres.
Identify type(s) of waters:
' 4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
0 Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
1 ? Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is
directly abutting an RPW:
Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is
seasonal in Section 111.13 and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly
abutting an RPW:
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
1 0 Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent
and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this
conclusion is provided at Section III.C.
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
0 Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and
with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this
conclusion is provided at Section III.C.
Provide estimates for jurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional waters.9
As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional.
1 0 Demonstrate that impoundment was created from "waters of the U.S.," or
Demonstrate that water meets the criteria for one of the categories presented above (1-6), or
Demonstrate that water is isolated with a nexus to commerce (see E below).
1 E. ISOLATED [INTERSTATE OR INTRA-STATE[ WATERS, INCLUDING ISOLATED WETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY
SUCH WATERS (CHECK ALL THAT APPLY):10
0 which are or could be used by interstate or foreign travelers for recreational or other purposes.
from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
which are or could be used for industrial purposes by industries in interstate commerce.
0 Interstate isolated waters. Explain:
0 Other factors. Explain:
BSee Footnote # 3.
9 To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook.
10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for
review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos.
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Identify water body and summarize rationale supporting determination:
Provide estimates for jurisdictional waters in the review area (check all that apply):
[] Tributary waters: linear feet width (ft).
Other non-wetland waters: acres.
Identify type(s) of waters:
Wetlands: acres.
' F. NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements.
1 ? Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce.
? Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the
"Migratory Bird Rule" (MBR).
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Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain:
Other: (explain, if not covered above):
Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR
factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional
judgment (check all that apply):
Non-wetland waters (i.e., rivers, streams): linear feet width (ft).
Lakes/ponds: acres.
Other non-wetland waters: acres. List type of aquatic resource:
n Wetlands: acres.
Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such
a finding is required for jurisdiction (check all that apply):
Non-wetland waters (i.e., rivers, streams): linear feet, width (ft).
Lakes/ponds: acres.
Other non-wetland waters: acres. List type of aquatic resource:
Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked
and requested, appropriately reference sources below):
Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant:
Data sheets prepared/submitted by or on behalf of the applicant/consultant.
? Office concurs with data sheets/delineation report.
? Office does not concur with data sheets/delineation report.
? Data sheets prepared by the Corps:
Corps navigable waters' study:
0 U.S. Geological Survey Hydrologic Atlas:
? USGS NHD data.
? USGS 8 and 12 digit HUC maps.
U.S. Geological Survey map(s). Cite scale & quad name:
USDA Natural Resources Conservation Service Soil Survey. Citation:
0 National wetlands inventory map(s). Cite name:
State/Local wetland inventory map(s):
d
H
H Applicable/supporting scientific literature:
FEMA/FIRM maps:
100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
Photographs: E] Aerial (Name & Date):
or ? Other (Name & Date):
Previous determination(s). File no. and date of response letter:
Applicable/supporting case law:
Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD: Features located within the observation area are relic and active components of the
facility's stormwater system. Features were man-made, but have developed jurisdictional characteristics.

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AGENCY CORRESPONDENCE
APPENDIX C

July 1, 2009
Mr. Ron Linville
Western Piedmont Region Coordinator
38551dlewild Road
1{ernersville, NC 27284
Subject: Duke Energy Carolinas, LLC = Dan River Combined Cycle Combustion Turbine
Project, Information Request
Dear Mr. Linville:
Duke Energy Carolinas, LLC (Duke) is in the planning phase of the Dan River Combined Cycle
Combustion Turbine Project (Project) located in Rockingham County; NC, near the town of Eden
(Figure 1). Duke has requested that HDRIDTA conduct all Clean.Water Act Sections 404 and 401
1 permitting activities associated with any impacts to jurisdictional waters of the US including wetlands,
as well as any potential Endangered Species Act Section 7 consultation.

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The Project consists of the construction of the tutbines themselves and any ancillary buildings,
including a series of cooling towers and a permanent detention pond. The preferred siting location for
the towers and detention pond may cause unavoidable impacts to Wetlands B and C, Stream B and a
portion of Stream A (Enclosed Figure 2). HDRIDTA is in the process of compiling all available
information regarding the site including guidance from the US Army Corps of Engineers (USACE), the
NC Division of Water Quality (NCDWQ) and the NC State Historic Preservation Office. All guidance
responses will be included in the pre-construction notification sent to the USACE for 404 permitting
and to the NC Division of Water Quality for 401 certification.
To assist in this effort HDRIDTA is soliciting your advice on the presence of any known state listed
species or habitat concerns that may be impacted by the Project. We would greatly appreciate receiving
your comments within 30 days. Should you have any questions or concerns please do not hesitate to
contact me at [phone] or via email at Jon..lanily?hdeinc.om.
Sincerely,
HDRIDTA
Jason N.Isbanioly
Scientist
JNI/tei
Enclosures
cc: File
<1
Scott T'. Fletcher, C , PWS
Environmental and Regulatory Manager
H 0 R ( OTA 400 S Tryon Street Phone: [phone]
H 0 R Engineering, Inc. of the, Carolinas Suite 2401 Fa'[phone]
Charlotte, NC 28285-0106 www.hdrinc.com

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t
Archives/State Library Building
109 E. Jones St.
Raleigh NC 27601
Subject: Duke Energy Carolinas, LLC - Dan River Combined Cycle Combustion Turbine
Project, Information Request
Dear Sir or Madam:
Duke Energy Carolinas, LLC (Duke) is . in the planning phase of the Dan River Combined Cycle
Combustion Turbine Project (Project) located in Rockingham County, North Carolina, near the town of
Eden (Figure 1). Duke has requested that HDRIDTA conduct all Clean Water Act Sections 404 and
401 permitting activities associated with any impacts to jurisdictional waters of the United States
including wetlands, as well as any potential Endangered Species Act Section 7 Consultation.
The Project consists of the construction of the turbines themselves and any ancillary buildings,
including a series of cooling towers and a permanent detention pond. The preferred siting location for
the towers and detention pond may cause unavoidable impacts to Wetlands B and C, Stream B and a
portion of Stream A (Figure 2). HDRIDTA is in the process of compiling all available information
regarding the site including guidance from the United States Army Corps of Engineers (USACE), the
US Fish and Wildlife Service and the North Carolina Division of - Water Quality (NCDWQ). All
guidance responses will be included in the pre-construction notification sent to the USACE for 404
permitting and to the North Carolina Division of Water Quality for 401 certification.
To assist in this effort, HDRIDTA is soliciting your advice on the presence of any known architectural
or cultural resources that may be impacted by the Project. We would greatly appreciate receiving your
comments within 30 days.. Should you have any questions or concerns, please do not hesitate to contact
me at [phone] or via email at J?sQSt?_nAStl.y?hdrlnc.com.
Sincerely,
HDRIDTA
/ Jason N. Issbanioly
Scientist
JNJ/tei
Enclosures
cc: File
Scott T. Fletcher, CW , PWS
Environmental and Regulatory Manager
H O R I DTA 400 S Tryon Street Phone: [phone]
HDREngineering,Inc.oltheCarolinas Suite 2401 Fax:{704)377-4185
Charlotte, NC 28285-0106 www.hdrinc.com
HR ? TA
1 July 1, 2009
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FM I TA
July 1, 2009
Andrew Williams
United States Army Corps of Engineers
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Subject: Duke Energy Carolinas, LLC - Dan River Combined Cycle Combustion Turbine
Project, Information Request
Dear Mr. Williams:
Duke Energy Carolinas, LLC (Duke) is in the planning phase of the Dan River Combined Cycle
Combustion Turbine'Project (Project) located in Rockingham County, North Carolina, near the town of
Eden (Figure 1). Duke has requested that HDRIDTA conduct all Clean Water Act Sections 404 and 401
permitting activities associated with any impacts to jurisdictional waters of the United States including
wetlands, as well as any potential Endangered Species Act Section 7 Consultation.
The Project consists of the construction of the turbines themselves and any ancillary buildings,
including a series of cooling towers and a permanent detention pond. The preferred siting location for
the towers and detention pond may cause unavoidable impacts to Wetlands B and C, Stream B and a
portion of Stream A (Figure 2). 14DRID'TA is in the process of compiling all available information
regarding the site including guidance from the U.S. Fish and Wildlife Service, the North Carolina
Division of Water Quality (NCDWQ) and the North Carolina State Historic Preservation Office. All
guidance responses will be included in the pre-construction notification sent to your office for 404
permitting and to the NCDWQ for 401 certification.
To assist in this effort, HDRIDTA is soliciting your_advice on the best regulatory direction Duke should
pursue, including guidance on which potential Nationwide Permits to use and potential mitigation
obligations for unavoidable impacts. Should you have any questions or concerns, please do not hesitate
to contact meat [phone] or via email at Jasda.IsbaniJyOhdrino.corn.
Sincerely,
EIDR DTA/ ,
/.Jason N. lsbaniol
y
Scientist
JNI/tei
Enclosures
cc: File
HDRIDTA
HDREngineering, Inc. oftheCarolinas
Scott T. Fletcher, CWB, PWS
Environmental and Regulatory Manager
400 S Tryon Street
Suite 2401
Charlotte, NC 28285-0106
Phone: [phone]
Fax: [phone]
www.hdrinc.com

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July 1, 2009
Steve Tedder
North Carolina Division of Water Quality
Surface Water Protection Division
585 Waughtown Street
Winston Salem, NC 27107
Subject:. Duke Energy Carolinas, LLC - Dan River Combined Cycle Combustion Turbine
Project,- Information Request
Dear Mr. Tedder:
Duke Energy Carolinas, LLC (Duke) is in the planning phase of the Dan River Combined Cycle
Combustion Turbine Project (Project) located in Rockingham County, North Carolina, near the town of
Eden (Figure 1). Duke has requested that HDRIDTA conduct all Clean Water Act Sections 404 and
401 permitting activities associated with any impacts to jurisdictional waters of the United States
including wetlands, as well as any potential Endangered Species Act Section 7 Consultation.
The Project consists of the construction "of the turbines themselves and any ancillary buildings,
including a series of cooling towers and a permanent detention pond. The preferred siting location for
the towers and detention pond may cause unavoidable impacts to Wetlands B and C, Stream B and a
portion of Stream A (Figure 2). HDRIDTA is in the process of compiling all available information
regarding the site including guidance from the United States Army Corps of Engineers (USAGE), the
US Fish and Wildlife Service and the North Carolina State Historic Preservation Office. All guidance
responses will be included in the pre-construction notification sent to the USACE for 404 permitting
and to the North Carolina Division of Water Quality for 401 certification.
To assist in this effort,14DRIDTA is soliciting your advice on the best regulatory direction Duke should
pursue, including guidance on which potential General Permits to use and potential mitigation
obligations for unavoidable impacts. Should you have any questions or concerns, please do not hesitate
to contact me at [phone] or via email at JasQn.1sbagiolyC2hdrinc.corrt.
Sincerely,
HDRIDTA
Jason N. Isbanioly
Scientist
JNI/tei
Enclosures
cc: File
Scott T. Fletcher, CW VIPWS
Environmental and Regulatory Manager
H D R I DTA 400 S Tryon Street
H0REngineering, Inc.oftheCarolinas Suite 2401
Charlotte, NC 28285.0106
Phone: [phone]
Fax: [phone]
www.hdrine.com

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h-R1 ? ?TA
July 1, 2009
United. States Fish and Wildlife Service
Ecological Services Field Office
P.O. Box 33726
Raleigh, North Carolina 27636-3726
Subject: Duke Energy Carolinas, LLC - Dan River Combined Cycle Combustion Turbine
Project, Information Request
Dear Sir or Madam:
Duke Energy Carolinas, LLC (Duke) is in the planning phase of the Dan River Combined Cycle
Combustion Turbine Project (Project) located in Rockingham County, North Carolina, near the town of
Eden (Figure 1). Duke has requested that HDRIDTA conduct all Clean Water Act Sections 404 and 401
permitting activities associated with any impacts to jurisdictional waters of the United States including
wetlands, as well as any potential-Endangered Species Act Section 7 Consultation.
The Project consists of the construction of the turbines themselves and any ancillary buildings,
including a series of cooling towers and a permanent detention pond. The preferred siting location for
the towers and detention pond may cause unavoidable impacts to Wetlands B and C, Stream B and a
1 portion of Stream A (Figure 2). HDRIDTA is in the process of compiling all available information
regarding the site including guidance from the United States Army Corps of Engineers (USAGE), the
North Carolina Division of Water Quality (NCDWQ) and the North Carolina State Historic
Preservation Office. All guidance responses will be included in the pre-construction notification sent to
the USACE for 404 permitting and to the NCDWQ for 401 certification.

H

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To assist in this effort, HDRIDTA is soliciting your guidance on the presence of any known rare,
threatened, or endangered species or any critical habitat areas in the area, which may be adversely
impacted by the Project. We would greatly appreciate receiving your comments within 30 days.
Should you have any questions or concerns, please do not hesitate to contact me at [phone] or
via email at hson.tsbanioly! hdrinc, .
Sincerely,
HDRJDTA
Jason N.Isbanioly
Scientist
JNUtei
Enclosures
cc: File
lt7f
Scott T. Fletcher. CW /,WS
Environmental and Regulatory Manager
H O R I DTA 400 S Tryon Street Phone: [phone]
' HDREngineering, Inc. oltheCarolinas Suite 2401 Fax: {7041377.4185
Charlotte, NC 28285.0106 www.hdrinc.cam

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' Statement of Compliance with Session Law 2008-152 An Act to Promote
Compensatory Mitigation by Private Mitigation Banks
(link to SL 2008-152)
Prior to accessing the Ecosystem Enhancement Program (EEP) In-Lieu Fee
' Mitigation Program, all applicants requesting wetlands and/or stream mitigation
are now required by law to comply with Session Law 2008-152 An Act to
Promote Compensatory Mitigation by Private Mitigation Banks. All new
' requests submitted on or after Oct. 1, 2008 MUST include this form signed and
dated by the permit applicant or an authorized agent. Applicants with unexpired
acceptance letters may continue with their plans to use the In-Lieu Fee Program
or withdraw their request and seek other available mitigation options.
Compliance Statement:
I have read and understand SL-2008-152 and have, to the best of my knowledge,
' complied with its requirements.
Please check all that apply:
' x___ There are no known private mitigation banks with the requested credit type
located in the hydrologic unit where this impact will take place (link to QWQ
list .
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I have contacted the mitigation bank(s) in the hydrologic unit where the impacts
will occur and credits are not available.
The application was submitted to the regulatory agencies prior to October 1,
2008.
Note: It is the applicant's responsibility to document any inquiries made to private
mitigation banks.
Signature of Applicant or Agent
7 /g/p f
Printed Name
Date
Dan River Combustion Turbine Project
Project Name
Eden, NC
Location

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NORTH CAROLINA ECOSYSTEM ENHANCEMENT PROGRAM, NCEEP
IN-LIEU FEE REQUEST FORM
' Revised 05/27/2009
Print this form, fill in requested information, sign and date, and either mail to NCEEP, 1652 Mail Service Center, Raleigh, NC
27699-1652, fax to 919-715-2219, or email to Valerie.Mitchenerftncdenr.gov with a copy to [e-mail].
Attachments are acceptable for clarification purposes (location map is required). Review meetings are held on Monday afternoons
1 and decisions are provided within 2 weeks.
CONTACT INFORMATION APPt_1CA4T'S AGENT (gpponal.j APPUCANT ?
' -1. Business or Individual Name HDR I DTA, Inc. Duke Energy Carolinas, LLc
2. Street Address or P O Box 400 s. Tryon, suite 2401 Po Box 1006 !
3 City, State, Zip Charlotte, NC 28285 Charlotte, NC 28201-1006
4. Contact Person Jason Isbaniol - Mark Landseidel " _ 4 t
5. Telephone Number I
--_i_. _- ---- -_ -__ 1(704)342-7364 [phone] 6. Fax Number [phone]
7. E-Mail Address (optional) Jason.Isbaniolyohdrinc.com
PROJECT INFORMATION
8. Project Name
Dan River Combustion Turbine Project ;
9f Project Location (nearest town, city)
ATTACH MAP 5HOvV N , (?1PAC vLOC _ATIC).N Eden,
NC
-
10. Lat-Long Coordinates '(optional) -
36.491276 N, -79.719759 W
Project County l
----.-------?_? Rockingham
_-
12. River Basin & Cataloging Unit (8-digit)
(See Note 1)
03010103
13. Project Type _ - Government Private X Commercial
14. Riparian Wetland Impact (ac.) (e.g., 0.13)
0.38 _
' 15. Non-Riparian Wetland Impact (ac.)
-16. Coastal Marsh Impact (ac.) ?_ -
17. Stream impact (ft.) (e.g. 1,234)
(See Note 2)
- - -
18 Buffer Impact (sq, ft) (e.g. 12,345)
(See Note 3)
19. Regulatory Agency Staff Contacts
(Indicate names, if known)
20. Other Regulatory ID Information
USACE Action ID, if known)
IMPORTANT
Check (?} below if this request is a:
_ revision to a current acceptance, or
re-submission of an expired acceptance
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Cool` Cold
594
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Zone 1: NA Zone 2: NA yy
USACE: Andy Williams DWO' Sue Homewood
Signature of Applicant or Agent:
- extension of unexpired acceptance
Date: ?/k/o ?
Note 1: For help in determining the Cataloging Unit, visit: http://cfoub.epa.gov/surffocate/index.cfm or call EEP contacts below
Note 2: For guidance on stream temperatures, go to:
http://www.saw.usace.armv mil/WETLANDS/Mitigation/Documents/Streem/Apt3endiceslApoendixl odf
Note 3: Buffer mitigation applicable only in the Neuse, Tar-Pamlico and Catawba river basins, and the Randleman Lake Water
Supply Watershed.
Direct questions to Valerie Mitchener at 919-715-1973 or valerie.mitchener(dncdenr.oov or Kelly Williams at 919-716-1921 or
kel ly. wi I I is ms(& ncd enr. Qov
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Mark Landseidel
' Duke Energy Carolinas, LLC
F.O. Box 1006
Charlotte, NC 28201-1006
1 Project: Dan River Combustion Turbine

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Sincerely,
o/w4w,clo,
William D. Gilmore, PE
Director
1 cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit
Andy Williams, USACE-Raleigh
Sue Homewood, NCDWQ-Winston-Salem
1 Jason Isbanioly, agent
Fite 3- WA
Reston ... F ... Protect, Our State ?cl
1 North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 1919-715-0476 / www.nceep.net
N-
aosystem
E .ae iew
PROGRAM
July 16, 2009
Expiration of Acceptance: April 16, 2010
County: Rockingham
This is a conditional acceptance letter. The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement
Program (NCEEP) is willing to accept payment for impacts associated with the above referenced project. Please note that this decision
does not assure that the payment will be approved by the. permit issuing agencies as mitigation for project impacts. It is the
responsibility of the applicant to contact these agencies to determine if payment to the NCEEP will be approved YQu must also
comely with all other state federal Q ocal government pg g c re pIaltons ax authonzsnt?ns associated with tho rQOOSed'activity
This acceptance is valid for nine months from the date of this letter and is not transferable. If we have not received a copy of the
issued 404 Permit/401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the applicant's
responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice will be issued based
on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the In
Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www.nceep.net.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the following
table.
River CU Stream (feet) Wetlands (acres) Buffer I Buffer II
Basin Location (Sq. Ft.) (Sq. Ft.)
Cold Cool Warm Riparian Non-Riparian Coastal Marsh
Impacts Roanoke 03010103 0 0 594 0.38 0 0 0 0
Credits Per Small Impacts 0 0 1,188 0.76 0 0 0 0
Policy, Roanoke
03010103 or 03010104
***p
er the Small Impacts Policy referenced below, NCEEP may provide the mitigation in an adjacent hydrologic unit.**i'
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies require
mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional mitigation, the
applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The mitigation will be performed
in accordance with the Memorandum of Understanding between the N. C. Department of Environment and Natural Resources
and the U. S. Army Corps of Engineers dated November 4,1998 and consistent with the Small Impacts Policy include in
Amendment One dated March 7, 2007.
If you have any questions or need additional information, please contact Valerie Mitchener at [phone] or Kelly Williams at
[phone].
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United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
July 16, 2009
Jason N. Isbanioly
HDR Engineering, Inc. of the Carolinas
400 S. Tyron Street, Suite 2401
Charlotte, NC 28285-0106
Re: Duke Energy Carolinas, LLC- Dan River Combined Cycle Combustion Turbine Project
Dear Mr. Isbanioly:
This letter is to inform you that a list of all federally-protected endangered and threatened species
with known occurrences in North Carolina is now available on the U.S. Fish and Wildlife
Service's (Service) web page at http://www.fws.gov/raleigh. Therefore, if you have projects that
occur within the Raleigh Field Office's area of responsibility (see attached county list), you no
longer needto contact the Raleigh Field Office for a list of federally-protected species.
Our web page contains a complete and frequently updated list of all endangered and threatened
species protected by the provisions of the Endangered Species Act of 1973, as amended (16
U.S.C. 1531 et seq.)(Act), and a list of federal species of concern` that are known to occur in
each county in North Carolina.
Section 7 of the Act requires that all federal agencies (or their designated non-federal
representative), in consultation with the Service, insure that any action federally authorized,
funded, or carried out by such agencies is not likely to jeopardize the continued existence of any
federally-listed endangered or threatened species. A biological assessment or evaluation may be
rrepared to fialf ll that rPquire:rer.±.ard in ??eter_min.;n_ ?x hPtnPr additional consultation with Lhe
Service is necessary.. In addition to the federally-protected species list, information on the
species' life histories" and habitats and information on completing a biological assessment or
evaluation and can be found on our web page-at http://www.fws.gov/raleigh. Please check the
web site often for updated information or changes.
I The term "federal species of concern" refers to those species which the Service believes might be in need of
concentrated conservation actions. Federal species of concern receive no legal protection and their designation does
not necessarily imply that the species will eventually be proposed for listing as a federally endangered or threatened
species. However, we recommend that all practicable measures be taken to avoid or minimize adverse impacts to
federal: species of concern.

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' If your project contains suitable habitat for any of the federally-listed species known to be
present within the county where your project occurs, the proposed action has the potential to
adversely affect those species. As such, we recommend that surveys be conducted to determine
' the species' presence or absence within the project area. The use of North Carolina Natural
Heritage program data should not be substituted for actual field surveys.
' If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely
to adversely affect) a federally-protected species, you should notify this office with your
determination, the results of your surveys, survey methodologies, and an analysis of the effects
' of the action on listed species, including consideration of direct, indirect, and cumulative effects,
before conducting any activities that might affect the species. If you determine that the proposed
action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally
listed species, then you are not required to contact our office for concurrence (unless an
Environmental Impact Statement is prepared). However, you should maintain a complete record
of the assessment, including steps leading to your determination of effect, the qualified personnel
' conducting the assessment, habitat conditions, site photographs, and any other related articles.
With regard to the above-referenced project, we offer the following remarks. Our comments are
submitted pursuant to, and in accordance with, provisions of the Endangered Species Act.
Based on the information provided and other information available, it appears that the proposed
' action is not likely to adversely affect any federally-listed endangered or threatened species, their
formally designated critical habitat, or species currently proposed for listing under the Act at
these sites. We believe that the requirements of section 7(a)(2) of the Act have been satisfied for
' your project. Please remember that obligations under section 7 consultation must be
reconsidered if: (1) new information reveals impacts of this identified action that may affect
listed species or critical habitat in a manner not previously considered; (2) this action is
subsequently modified in a manner that was not considered in this review; or, (3) a new species
is listed or critical habitat determined that may be affected by the identified action.
' However, the Service is concerned about the potential impacts the proposed action might have
on aquatic species. Aquatic resources are highly susceptible to sedimentation. Therefore, we
recommend that all practicable measures be taken to avoid adverse impacts to aquatic species,
including implementing directional boring methods and stringent sediment and erosion control
measures. An erosion and sedimentation control plan should be submitted to and approved by
the North Carolina Division of Land Resources, Land Quality Section prior to construction.
Erosion and sedimentation controls should be installed and maintained between the construction
site and any nearby down-gradient surface waters. In addition, we recommend maintaining
natural, vegetated buffers on all streams and creeks adjacent to the project site.
'
The North Carolina Wildlife Resources Commission has developed a Guidance Memorandum (a
copy can be found on our website at (http://www.fws.gov/raleigh) to address and mitigate
' secondary and cumulative impacts to aquatic and terrestrial wildlife resources and water quality.
We recommend that you consider this document in the development of your projects and in
completing an initiation package for consultation (if necessary).

' 2
' We hope you useful and informative and that following the process described
find our web page above will reduce the time required, and eliminate the need, for general correspondence for
' species' lists. If you have any questions or comments, please contact Mark Bowers of this office
at [phone] ext. 19.
' Sincerely,
' l
Pete Benjamin
Field 'Iftpervisor
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North Carolina Department of Cultural Resources
State Historic Preservation Office
Peter B. Sandbeck, Administrator
Bevedy Eaves Perdue, Governor Office of Archives and History
Linda A. Carlisle, Secretary Division of Historical Resources
Jeffrey J. Crow, Deputy Secretary David Brook, Director
July 14, 2009
Jason Isbanioly
HDR Engineering, Inc. of the Carolinas
400 South Tryon Street
Suite 2401
Charlotte, NC 28285-0106
Re: Duke Energy Carolinas, L.LC, Dan River combines Cycle Combustion Turbine Project,
Rockingham County, ER 08-0528
Dear Mr. Isbanioly:
Thank you for your letter of July 1, 2009, concerning the above project.
We have conducted a review of the project and are aware of no historic resources which would be affected by
the project. Therefore, we have no comment on the project as proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR
Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
please contact Renee Gledhill-Earley, environmental review coordinator, at 919-807-6579. In all future
communication concerning this project, please cite the above-referenced tracking number.
Sincerely,
Q,L %
•
V eter Sandbeck
Location: 109 East Jones Strew, Raleigh NC 27601 m=T g Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: [phone]-6599

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APPENDIX D
I NATIONWIDE PERMIT AND GENERAL CERTIFICATION

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NATIONWIDE PERMIT 39
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS
FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS
FEDERAL REGISTER
AUTHORIZED MARCH 19, 2007
Commercial and Institutional Developments. Discharges of dredged or fill material
into non-tidal waters of the United States for the construction or expansion of commercial and
institutional building foundations and building pads and attendant features that are necessary for
the use and maintenance of the structures. Attendant features may include, but are not limited to,
roads, parking lots, garages, yards, utility lines, storm water management facilities, and
recreation facilities such as playgrounds and playing fields. Examples of commercial
developments include retail stores, industrial facilities, restaurants, business parks, and shopping
centers. Examples of institutional developments include schools, fire stations, government office
buildings, judicial buildings, public works buildings, libraries, hospitals, and places of worship.
The construction of new golf courses, new ski areas, or oil and gas wells is not authorized by this
NWP.
The discharge must not cause the loss of greater than 1/2-acre of non-tidal waters of the
United States, including the loss of no more than 300 linear feet of stream bed, unless for
intermittent and ephemeral stream beds this 300 linear foot limit is waived in writing by the
district engineer. This NWP does not authorize discharges into non-tidal wetlands adjacent to
tidal waters.
Notification: The permittee must submit a pre-construction notification to the district
engineer prior to commencing the activity. (See general condition 27.) (Sections 10 and 404)
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NATIONWIDE PERMIT CONDITIONS
The following General Conditions must be followed in order for any authorization by a NWP to
be valid:
1. Navigation. (a) No activity may cause more than a minimal adverse effect on
navigation.
(b) Any safety lights and signals prescribed by the U.S. Coast Guard, through regulations
or otherwise, must be installed and maintained at the permittee's expense on authorized facilities
in navigable waters of the United States.
(c) The permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein authorized, or
if, in the opinion of the Secretary of the Army or his authorized representative, said structure or
work shall cause unreasonable obstruction to the free navigation of the navigable waters, the
permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or
alter the structural work or obstructions caused thereby, without expense to the United States. No
claim shall be made against the United States on account of any such removal or alteration.
2. Aquatic Life Movements. No activity may substantially disrupt the necessary life cycle
movements of those species of aquatic life indigenous to the waterbody, including those species
that normally migrate through the area, unless the activity's primary purpose is to impound
water. Culverts placed in streams must be installed to maintain low flow conditions.
3. Spawning Areas. Activities in spawning areas during spawning seasons must be
avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g.,
through excavation, fill, or downstream smothering by substantial turbidity) of an important
spawning area are not authorized.
4. Migratory Bird Breeding Areas. Activities in waters of the United States that serve as
breeding areas for migratory birds must be avoided to the maximum extent practicable.
5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations,
unless the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and
48
.
6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car
bodies, asphalt, etc.). Material used for construction or discharged must be free from toxic
pollutants in toxic amounts (see Section 307 of the Clean Water Act).
7. Water Supply Intakes. No activity may occur in the proximity of a public water supply
intake, except where the activity is for the repair or improvement of public water supply intake
structures or adjacent bank stabilization.
8. Adverse Effect If the activity
s From Impoundments. creates an impoundment of water,
adverse effects to the aquatic system due to accelerating the passage of water, and/or restricting
its flow must be minimized to the maximum extent practicable
.
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Historic Preservation Officer or Tribal Historic Preservation Officer, as appropriate, and the
National Register of Historic Places (see 33 CFR 330.4(g)). The district engineer shall make a
reasonable and good faith effort to carry out appropriate identification efforts, which may include
background research, consultation, oral history interviews, sample field investigation, and field
survey. Based on the information submitted and these efforts, the district engineer shall
determine whether the proposed activity has the potential to cause an effect on the historic
properties. Where the non-Federal applicant has identified historic properties which the activity
may have the potential to cause effects and so notified the Corps, the non-Federal applicant shall
not begin the activity until notified by the district engineer either that the activity has no potential
to cause effects or that consultation under Section 106 of the NHPA has been completed.
(d) The district engineer will notify the prospective permittee within 45 days of receipt
of a complete pre-construction notification whether NHPA Section 106 consultation is required.
Section 106 consultation is not required when the Corps determines that the activity does not
have the potential to cause effects on historic properties (see 36 CFR 800.3(a)). If NHPA section
106 consultation is required and will occur, the district engineer will notify the non-Federal
applicant that he or she cannot begin work until Section 106 consultation is completed.
(e) Prospective permittees should be aware that section I l0k of the NHPA (16 U.S.C.
470h-2(k)) prevents the Corps from granting a permit or other assistance to an applicant who,
with intent to avoid the requirements of Section 106 of the NHPA, has intentionally significantly
adversely affected a historic property to which the permit would relate, or having legal power to
prevent it, allowed such significant adverse effect to occur, unless the Corps, after consultation
with the Advisory Council on Historic Preservation (ACHP), determines that circumstances
justify granting such assistance despite the adverse effect created or permitted by the applicant.
If circumstances justify granting the assistance, the Corps is required to notify the ACHP and
provide documentation specifying the circumstances, explaining the degree of damage to the
integrity of any historic properties affected, and proposed mitigation. This documentation must
include any views obtained from the applicant, SHPO/THPO, appropriate Indian tribes if the
undertaking occurs on or affects historic properties on tribal lands or affects properties of interest
to those tribes, and other parties known to have a legitimate interest in the impacts to the
permitted activity on historic properties.
19. Designated Critical Resource Waters. Critical resource waters include, NOAA-
designated marine sanctuaries, National Estuarine Research Reserves, state natural heritage sites,
and outstanding national resource waters or other waters officially designated by a state as
having particular environmental or ecological significance and identified by the district engineer
after notice and opportunity for public comment. The district engineer may also designate
additional critical resource waters after notice and opportunity for comment.
(a) Discharges of dredged or fill material into waters of the United States are not
authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, and 50 for any
activity within, or directly affecting, critical resource waters, including wetlands adjacent to such
waters.
' (b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, and 38,
notification is required in accordance with general condition 27, for any activity proposed in the
designated critical resource waters including wetlands adjacent to those waters. The district
engineer may authorize activities under these NWPs only after it is determined that the impacts
to the critical resource waters will be no more than minimal.

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20. Mitigation. The district engineer will consider the following factors when
determining appropriate and practicable mitigation necessary to ensure that adverse effects on
the aquatic environment are minimal:
(a) The activity must be designed and constructed to avoid and minimize adverse effects,
both temporary and permanent, to waters of the United States to the maximum extent practicable
at the project site (i.e., on site).
(b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or
compensating) will be required to the extent necessary to ensure that the adverse effects to the
aquatic environment are minimal.
(c) Compensatory mitigation at a minimum one-for-one ratio will be required for all
wetland losses that exceed 1/10 acre and require pre-construction notification, unless the district
engineer determines in writing that some other form of mitigation would be more
environmentally appropriate and provides a project-specific waiver of this requirement. For
wetland losses of 1/10 acre or less that require pre-construction notification, the district engineer
may determine on a case-by-case basis that compensatory mitigation is required to ensure that
the activity results in minimal adverse effects on the aquatic environment. Since the likelihood of
success is greater and the impacts to potentially valuable uplands are reduced, wetland
restoration should be the first compensatory mitigation option considered.
(d) For losses of streams or other open waters that require pre-construction notification,
the district engineer may require compensatory mitigation, such as stream restoration, to ensure
that the activity results in minimal adverse effects on the aquatic environment.
(e) Compensatory mitigation will not be used to increase the acreage losses allowed by
the acreage limits of the NWPs. For example, if an NWP has an acreage limit of 1/2 acre, it
cannot be used to authorize any project resulting in the loss of greater than 1/2 acre of waters of
the United States, even if compensatory mitigation is provided that replaces or restores some of
the lost waters. However, compensatory mitigation can and should be used, as necessary, to
ensure that a project already meeting the established acreage limits also satisfies the minimal
impact requirement associated with the NWPs.
(f) Compensatory mitigation plans for projects in or near streams or other open waters
will normally include a requirement for the establishment, maintenance, and legal protection
(e.g., conservation easements) of riparian areas next to open waters. In some cases, riparian areas
may be the only compensatory mitigation required. Riparian areas should consist of native
species. The width of the required riparian area will address documented water quality or aquatic
habitat loss concerns. Normally, the riparian area will be 25 to 50 feet wide on each side of the
stream, but the district engineer may require slightly wider riparian areas to address documented
water quality or habitat loss concerns. Where both wetlands and open waters exist on the project
site, the district engineer will determine the appropriate compensatory mitigation (e.g., riparian
areas and/or wetlands compensation) based on what is best for the aquatic environment on a
watershed basis. In cases where riparian areas are determined to be the most appropriate form of
compensatory mitigation, the district engineer may waive or reduce the requirement to provide
wetland compensatory mitigation for wetland losses.
(g) Permittees may propose the use of mitigation banks, in-lieu fee arrangements or
separate activity-specific compensatory mitigation. In all cases, the mitigation provisions will
specify the party responsible for accomplishing and/or complying with the mitigation plan.
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(h) Where certain functions and services of waters of the United States are permanently
adversely affected, such as the conversion of a forested or scrub-shrub wetland to a herbaceous
wetland in a permanently maintained utility line right-of-way, mitigation may be required to
reduce the adverse effects of the project to the minimal level.
21. Water Quality. Where States and authorized Tribes, or EPA where applicable, have
not previously certified compliance of an NWP with CWA Section 401, individual 401 Water
Quality Certification must be obtained or waived (see 33 CFR 330.4(c)). The district engineer or
' State or Tribe may require additional water quality management measures to ensure that the
authorized activity does not result in more than minimal degradation of water quality.
22. Coastal Zone Management. In coastal states where an NWP has not previously
received a state coastal zone management consistency concurrence, an individual state coastal
zone management consistency concurrence must be obtained, or a presumption of concurrence
must occur (see 33 CFR 330.4(d)). The district engineer or a State may require additional
L measures to ensure that the authorized activity is consistent with state coastal zone management
requirements.
23. Regional and Case-By-Case Conditions. The activity must comply with any regional
conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with
any case specific conditions added by the Corps or by the state, Indian Tribe, or U.S. EPA in its
l section 401 Water Quality Certification, or by the state in its Coastal Zone Management Act
consistency determination.
1 24. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and
complete project is prohibited, except when the acreage loss of waters of the United States
authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified
' acreage limit. For example, if a road crossing over tidal waters is constructed under NWP 14,
with associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters
of the United States for the total project cannot exceed 1/3-acre.
25. Transfer of Nationwide Permit Verifications. If the permittee sells the property
associated with a nationwide permit verification, the permittee may transfer the nationwide
' permit verification to the new owner by submitting a letter to the appropriate Corps district office
to validate the transfer. A copy of the nationwide permit verification must be attached to the
letter, and the letter must contain the following statement and signature:
"When the structures or work authorized by this nationwide permit are still in existence at the
time the property is transferred, the terms and conditions of this nationwide permit, including any
special conditions, will continue to be binding on the new owner(s) of the property. To validate

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' the transfer of this nationwide permit and the associated liabilities associated with compliance
with its terms and conditions, have the transferee sign and date below."

(Transferee)

(Date)

26. Compliance Certification. Each permittee who received an NWP verification from the
Corps must submit a signed certification regarding the completed work and any required
mitigation. The certification form must be forwarded by the Corps with the NWP verification
letter and will include:
(a) A statement that the authorized work was done in accordance with the NWP
1 authorization, including any general or specific conditions;
(b) A statement that any required mitigation was completed in accordance with the permit
conditions; and
1 (c) The signature of the permittee certifying the completion of the work and mitigation.
27. Pre-Construction Notification. (a) Timing. Where required by the terms of the NWP,
1 the prospective permittee must notify the district engineer by submitting a pre-construction
notification (PCN) as early as possible. The district engineer must determine if the PCN is
complete within 30 calendar days of the date of receipt and, as a general rule, will request
' additional information necessary to make the PCN complete only once. However, if the
prospective permittee does not provide all of the requested information, then the district engineer
will notify the prospective permittee that the PCN is still incomplete and the PCN review process
will not commence until all of the requested information has been received by the district
engineer. The prospective permittee shall not begin the activity until either:
(1) He or she is notified in writing by the district engineer that the activity may proceed
under the NWP with any special conditions imposed by the district or division engineer; or
(2) Forty-five calendar days have passed from the district engineer's receipt of the
complete PCN and the prospective permittee has not received written notice from the district or
division engineer. However, if the permittee was required to notify the Corps pursuant to general
condition 17 that listed species or critical habitat might affected or in the vicinity of the project,
or to notify the Corps pursuant to general condition 18 that the activity may have the potential to
cause effects to historic properties, the permittee cannot begin the activity until receiving written
notification from the Corps that is "no effect" on listed species or "no potential to cause effects"
on historic properties, or that any consultation required under Section 7 of the Endangered
' Species Act (see 33 CFR 330.4(f)) and/or Section 106 of the National Historic Preservation (see
33 CFR 330.4(g)) is completed. Also, work cannot begin under NWPs 21, 49, or 50 until the
permittee has received written approval from the Corps. If the proposed activity requires a
written waiver to exceed specified limits of an NWP, the permittee cannot begin the activity until
the district engineer issues the waiver. If the district or division engineer notifies the permittee in
' writing that an individual permit is required within 45 calendar days of receipt of a complete
PCN
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Subsequently, the permittee's right to proceed under the NWP may be modified, suspended, or
revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2).
(b) Contents of Pre-Construction Notification: The PCN must be in writing and include
the following information:
(1) Name, address and telephone numbers of the prospective permittee;
(2) Location of the proposed project;
(3) A description of the proposed project; the project's purpose; direct and indirect
adverse environmental effects the project would cause; any other NWP(s), regional general
permit(s), or individual permit(s) used or intended to be used to authorize any part of the
proposed project or any related activity. The description should be sufficiently detailed to allow
the district engineer to determine that the adverse effects of the project will be minimal and to
determine the need for compensatory mitigation. Sketches should be provided when necessary
to show that the activity complies with the terms of the NWT. (Sketches usually clarify the
project and when provided result in a quicker decision.);
(4) The PCN must include a delineation of special aquatic sites and other waters of the
United States on the project site. Wetland delineations must be prepared in accordance with the
current method required by the Corps. The permittee may ask the Corps to delineate the special
aquatic sites and other waters of the United States, but there may be a delay if the Corps does the
delineation, especially if the project site is large or contains many waters of the United States.
Furthermore, the 45 day period will not start until the delineation has been submitted to or
completed by the Corps, where appropriate;
(5) If the proposed activity will result in the loss of greater than 1/10 acre of wetlands and
a PCN is required, the prospective permittee must submit a statement describing how the
mitigation requirement will be satisfied. As an alternative, the prospective permittee may submit
a conceptual or detailed mitigation plan.
(6) If any listed species or designated critical habitat might be affected or is in the vicinity
of the project, or if the project is located in designated critical habitat, for non-Federal applicants
the PCN must include the name(s) of those endangered or threatened species that might be
affected by the proposed work or utilize the designated critical habitat that may be affected by
the proposed work. Federal applicants must provide documentation demonstrating compliance
with the Endangered Species Act; and
(7) For an activity that may affect a historic property listed on, determined to be eligible
for listing on, or potentially eligible for listing on, the National Register of Historic Places, for
non-Federal applicants the PCN must state which historic property may be affected by the
proposed work or include a vicinity map indicating the location of the historic property. Federal
applicants must provide documentation demonstrating compliance with Section 106 of the
National Historic Preservation Act.
(c) Form of Pre-Construction Notification: The standard individual permit application
form (Form ENG 4345) may be used, but the completed application form must clearly indicate
that it is a PCN and must include all of the information required in paragraphs (b)(1) through (7)
of this general condition. A letter containing the required information may also be used.
(d) Agency Coordination: (1) The district engineer will consider any comments from
Federal and state agencies concerning the proposed activity's compliance with the terms and
conditions of the NWPs and the need for mitigation to reduce the project's adverse
environmental effects to a minimal level.
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(2) For all NWP 48 activities requiring pre-construction notification and for other NWP
activities requiring pre-construction notification to the district engineer that result in the loss of
greater than 1/2-acre of waters of the United States, the district engineer will immediately
provide (e.g., via facsimile transmission, overnight mail, or other expeditious manner) a copy of
the PCN to the appropriate Federal or state offices (U.S. FWS, state natural resource or water
quality agency, EPA, State Historic Preservation Officer (SHPO) or Tribal Historic Preservation
Office (THPO), and, if appropriate, the NMFS). With the exception of NWP 37, these agencies
will then have 10 calendar days from the date the material is transmitted to telephone or fax the
district engineer notice that they intend to provide substantive, site-specific comments. If so
contacted by an agency, the district engineer will wait an additional 15 calendar days before
making a decision on the pre-construction notification. The district engineer will fully consider
agency comments received within the specified time frame, but will provide no response to the
resource agency, except as provided below. The district engineer will indicate in the
administrative record associated with each pre-construction notification that the resource
agencies' concerns were considered. For NWP 37, the emergency watershed protection and
rehabilitation activity may proceed immediately in cases where there is an unacceptable hazard
to life or a significant loss of property or economic hardship will occur. The district engineer will
consider any comments received to decide whether the NWP 37 authorization should be
modified, suspended, or revoked in accordance with the procedures at 33 CFR 330.5.
(3) In cases of where the prospective permittee is not a Federal agency, the district
engineer will provide a response to NMFS within 30 calendar days of receipt of any Essential
Fish Habitat conservation recommendations, as required by Section 305(b)(4)(B) of the
Magnuson-Stevens Fishery Conservation and Management Act.
(4) Applicants are encouraged to provide the Corps multiple copies of pre-construction
notifications to expedite agency coordination.
(5) For NWP 48 activities that require reporting, the district engineer will provide a copy
of each report within 10 calendar days of receipt to the appropriate regional office of the NMFS.
(e) District Engineer's Decision: In reviewing the PCN for the proposed activity, the
district engineer will determine whether the activity authorized by the NWP will result in more
than minimal individual or cumulative adverse environmental effects or may be contrary to the
public interest. If the proposed activity requires a PCN and will result in a loss of greater than
1/10 acre of wetlands, the prospective permittee should submit a mitigation proposal with the
PCN. Applicants may also propose compensatory mitigation for projects with smaller impacts.
The district engineer will consider any proposed compensatory mitigation the applicant has
included in the proposal in determining whether the net adverse environmental effects to the
aquatic environment of the proposed work are minimal. The compensatory mitigation proposal
may be either conceptual or detailed. If the district engineer determines that the activity complies
with the terms and conditions of the NWP and that the adverse effects on the aquatic
environment are minimal, after considering mitigation, the district engineer will notify the
permittee and include any conditions the district engineer deems necessary. The district engineer
must approve any compensatory mitigation proposal before the permittee commences work. If
the prospective permittee elects to submit a compensatory mitigation plan with the PCN, the
district engineer will expeditiously review the proposed compensatory mitigation plan. The
district engineer must review the plan within 45 calendar days of receiving a complete PCN and
determine whether the proposed mitigation would ensure no more than minimal adverse effects
on the aquatic environment. If the net adverse effects of the project on the aquatic environment
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(after consideration of the compensatory mitigation proposal) are determined by the district
engineer to be minimal, the district engineer will provide a timely written response to the
applicant. The response will state that the project can proceed under the terms and conditions of
the NWP.
If the district engineer determines that the adverse effects of the proposed work are more
than minimal, then the district engineer will notify the applicant either: (1) That the project does
not qualify for authorization under the NWP and instruct the applicant on the procedures to seek
authorization under an individual permit; (2) that the project is authorized under the NWP
subject to the applicant's submission of a mitigation plan that would reduce the adverse effects
on the aquatic environment to the minimal level; or (3) that the project is authorized under the
NWP with specific modifications or conditions. Where the district engineer determines that
mitigation is required to ensure no more than minimal adverse effects occur to the aquatic
environment, the activity will be authorized within the 45-day PCN period. The authorization
will include the necessary conceptual or specific mitigation or a requirement that the applicant
submit a mitigation plan that would reduce the adverse effects on the aquatic environment to the
minimal level. When mitigation is required, no work in waters of the United States may occur
until the district engineer has approved a specific mitigation plan.
28. Single and Complete Project. The activity must be a single and complete project. The
same NWP cannot be used more than once for the same single and complete project.
FURTHER INFORMATION
1. District Engineers have authority to determine if an activity complies with the terms
and conditions of an NWP.
2. NWPs do not obviate the need to obtain other federal, state, or local permits,
approvals, or authorizations required by law.
3. NWPs do not grant any property rights or exclusive privileges.
4. NWPs do not authorize any injury to the property or rights of others.
5. NWPs do not authorize interference with any existing or proposed Federal project.
DEFINITIONS
Best management practices (BMPs): Policies, practices, procedures, or structures
implemented to mitigate the adverse environmental effects on surface water quality resulting
from development. BMPs are categorized as structural or non-structural.
Compensato mitigation: The restoration, establishment (creation), enhancement, or
preservation of aquatic resources for the purpose of compensating for unavoidable adverse
impacts which remain after all appropriate and practicable avoidance and minimization has been
achieved.
Currently serviceable: Useable as is or with some maintenance, but not so degraded as to
essentially require reconstruction.
Discharge: The term "discharge" means any discharge of dredged or fill material.
Enhancement: The manipulation of the physical, chemical, or biological characteristics of
an aquatic resource to heighten, intensify, or improve a specific aquatic resource function(s).
Enhancement results in the gain of selected aquatic resource function(s), but may also lead to a
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decline in other aquatic resource function(s). Enhancement does not result in a gain in aquatic
resource area.
Ephemeral stream: An ephemeral stream has flowing water only during, and for a short
duration after, precipitation events in a typical year. Ephemeral stream beds are located above the
water table year-round. Groundwater is not a source of water for the stream. Runoff from rainfall
is the primary source of water for stream flow.
Establishment (creation): The manipulation of the physical, chemical, or biological
characteristics present to develop an aquatic resource that did not previously exist at an upland
site. Establishment results in a gain in aquatic resource area.
Historic Property: Any prehistoric or historic district, site (including archaeological
site), building, structure, or other object included in, or eligible for inclusion in, the National
Register of Historic Places maintained by the Secretary of the Interior. This term includes
artifacts, records, and remains that are related to and located within such properties. The term
includes properties of traditional religious and cultural importance to an Indian tribe or Native
Hawaiian organization and that meet the National Register criteria (36 CFR part 60).
Independent utility: A test to determine what constitutes a single and complete project in
the Corps regulatory program. A project is considered to have independent utility if it would be
constructed absent the construction of other projects in the project area. Portions of a multi-phase
project that depend upon other phases of the project do not have independent utility. Phases of a
project that would be constructed even if the other phases were not built can be considered as
separate single and complete projects with independent utility.
Intermittent stream: An intermittent stream has flowing water during certain times of the
year, when groundwater provides water for stream flow. During dry periods, intermittent streams
may not have flowing water. Runoff from rainfall is a supplemental source of water for stream
flow.
Loss of waters of the United States: Waters of the United States that are permanently
adversely affected by filling, flooding, excavation, or drainage because of the regulated activity.
Permanent adverse effects include permanent discharges of dredged or fill material that change
an aquatic area to dry land, increase the bottom elevation of a waterbody, or change the use of a
waterbody. The acreage of loss of waters of the United States is a threshold measurement of the
impact to jurisdictional waters for determining whether a project may qualify for an NWP; it is
not a net threshold that is calculated after considering compensatory mitigation that may be used
to offset losses of aquatic functions and services. The loss of stream bed includes the linear feet
of stream bed that is filled or excavated. Waters of the United States temporarily filled, flooded,
excavated, or drained, but restored to pre-construction contours and elevations after construction,
are not included in the measurement of loss of waters of the United States. Impacts resulting
from activities eligible for exemptions under Section 404(f) of the Clean Water Act are not
considered when calculating the loss of waters of the United States.
Non-tidal wetlan& A non-tidal wetland is a wetland that is not subject to the ebb and
flow of tidal waters. The definition of a wetland can be found at 33 CFR 328.3(b). Non-tidal
wetlands contiguous to tidal waters are located landward of the high tide line (i.e., spring high
tide line).
Open water: For purposes of the NWPs, an open water is any area that in a year with
normal patterns of precipitation has water flowing or standing above ground to the extent that an
ordinary high water mark can be determined. Aquatic vegetation within the area of standing or
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flowing water is either non-emergent, sparse, or absent. Vegetated shallows are considered to be
open waters. Examples of "open waters" include rivers, streams, lakes, and ponds.
Ordinary High Water Mark: An ordinary high water mark is a line on the shore
established by the fluctuations of water and indicated by physical characteristics, or by other
appropriate means that consider the characteristics of the surrounding areas (see 33 CFR
328.3(e)).
Perennial stream: A perennial stream has flowing water year-round during a typical year.
The water table is located above the stream bed for most of the year. Groundwater is the primary
source of water for stream flow. Runoff from rainfall is a supplemental source of water for
stream flow.
Practicable: Available and capable of being done after taking into consideration cost,
existing technology, and logistics in light of overall project purposes.
Pre-construction notification: A request submitted by the project proponent to the Corps
for confirmation that a particular activity is authorized by nationwide permit. The request may be
a permit application, letter, or similar document that includes information about the proposed
work and its anticipated environmental effects. Pre-construction notification may be required by
the terms and conditions of a nationwide permit, or by regional conditions. A pre-construction
notification may be voluntarily submitted in cases where pre-construction notification is not
required and the project proponent wants confirmation that the activity is authorized by
nationwide permit.
Preservation: The removal of a threat to, or preventing the decline of, aquatic resources
by an action in or near those aquatic resources. This term includes activities commonly
associated with the protection and maintenance of aquatic resources through the implementation
of appropriate legal and physical mechanisms. Preservation does not result in a gain of aquatic
resource area or functions.
Re-establishment: The manipulation of the physical, chemical, or biological
characteristics of a site with the goal of returning natural/historic functions to a former aquatic
resource. Re-establishment results in rebuilding a former aquatic resource and results in a gain in
aquatic resource area.
' Rehabilitation: The manipulation of the physical, chemical, or biological characteristics
of a site with the goal of repairing natural/historic functions to a degraded aquatic resource.
Rehabilitation results in a gam in aquatic resource function, but does not result in a gam in
' aquatic resource area.
Restoration: The manipulation of the physical, chemical, or biological characteristics of a
site with the goal of returning natural/historic functions to a former or degraded aquatic resource.
For the purpose of tracking net gains in aquatic resource area, restoration is divided into two
categories: re-establishment and rehabilitation.
Riffle and pool complex: Riffle and pool complexes are special aquatic sites under the
' 404(b)(1) Guidelines. Riffle and pool complexes sometimes characterize steep gradient sections
of streams. Such stream sections are recognizable by their hydraulic characteristics. The rapid
movement of water over a course substrate in riffles results in a rough flow, a turbulent surface,
and high dissolved oxygen levels in the water. Pools are deeper areas associated with riffles. A
' slower stream velocity, a streaming flow, a smooth surface, and a finer substrate characterize
pools.
Riparian areas: Riparian areas are lands adjacent to streams, lakes, and estuarine-marine
shorelines. Riparian areas are transitional between terrestrial and aquatic ecosystems, through
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which surface and subsurface hydrology connects waterbodies with their adjacent uplands.
Riparian areas provide a variety of ecological functions and services and help improve or
maintain local water quality. (See general condition 20.)
Shellfish seeding: The placement of shellfish seed and/or suitable substrate to increase
shellfish production. Shellfish seed consists of immature individual shellfish or individual
shellfish attached to shells or shell fragments (i.e., spat on shell). Suitable substrate may consist
of shellfish shells, shell fragments, or other appropriate materials placed into waters for shellfish
habitat.
Single and complete project: The term "single and complete project" is defined at 33
CFR 330.2(i) as the total project proposed or accomplished by one owner/developer or
partnership or other association of owners/developers. A single and complete project must have
independent utility (see definition). For linear projects, a "single and complete project" is all
crossings of a single water of the United States (i.e., a single waterbody) at a specific location.
For linear projects crossing a single waterbody several times at separate and distant locations,
each crossing is considered a single and complete project. However, individual channels in a
braided stream or river, or individual arms of a large, irregularly shaped wetland or lake, etc., are
not separate waterbodies, and crossings of such features cannot be considered separately.
Stormwater mana eement: Stormwater management is the mechanism for controlling
stormwater runoff for the purposes of reducing downstream erosion, water quality degradation,
and flooding and mitigating the adverse effects of changes in land use on the aquatic
environment.
Stormwater mana ement facilities: Stormwater management facilities are those facilities,
including but not limited to, stormwater retention and detention ponds and best management
practices, which retain water for a period of time to control runoff and/or improve the quality
(i.e., by reducing the concentration of nutrients, sediments, hazardous substances and other
pollutants) of stormwater runoff.
Stream bed: The substrate of the stream channel between the ordinary high water marks.
The substrate may be bedrock or inorganic particles that range in size from clay to boulders.
Wetlands contiguous to the stream bed, but outside of the ordinary high water marks, are not
considered part of the stream bed.
Stream channelization: The manipulation of a stream's course, condition, capacity, or
location that causes more than minimal interruption of normal stream processes. A channelized
stream remains a water of the United States.
Structure: An object that is arranged in a definite pattern of organization. Examples of
structures include, without limitation, any pier, boat dock, boat ramp, wharf, dolphin, weir,
boom, breakwater, bulkhead, revetment, riprap, jetty, artificial island, artificial reef, permanent
mooring structure, power transmission line, permanently moored floating vessel, piling, aid to
navigation, or any other manmade obstacle or obstruction.
Tidal wetlan& A tidal wetland is a wetland (i.e., water of the United States) that is
inundated by tidal waters. The definitions of a wetland and tidal waters can be found at 33 CFR
328.3(b) and 33 CFR 328.3(f), respectively. Tidal waters rise and fall in a predictable and
measurable rhythm or cycle due to the gravitational pulls of the moon and sun. Tidal waters end
where the rise and fall of the water surface can no longer be practically measured in a predictable
rhythm due to masking by other waters, wind, or other effects. Tidal wetlands are located
channelward of the high tide line, which is defined at 33 CFR 328.3(d).
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Vegetated shallows: Vegetated shallows are special aquatic sites under the 404(b)(1)
Guidelines. They are areas that are permanently inundated and under normal circumstances have
rooted aquatic vegetation, such as seagrasses in marine and estuarine systems and a variety of
vascular rooted plants in freshwater systems.
Waterbo : For purposes of the NWPs, a waterbody is a jurisdictional water of the
' United States that, during a year with normal patterns of precipitation, has water flowing or
standing above ground to the extent that an ordinary high water mark (OHWM) or other
indicators of jurisdiction can be determined, as well as any wetland area (see 33 CFR 328.3(b)).
' If a jurisdictional wetland is adjacent--meaning bordering, contiguous, or neighboring--to a
jurisdictional waterbody displaying an OHWM or other indicators of jurisdiction, that waterbody
and its adjacent wetlands are considered together as a single aquatic unit (see 33 CFR
' 328.4(c)(2)). Examples of "waterbodies" include streams, rivers, lakes, ponds, and wetlands.
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' REGIONAL CONDITIONS FOR NATIONWIDE PERMITS IN THE WILMINGTON
DISTRICT
' 1.0 Excluded Waters
' The Corps has identified waters that will be excluded from the use of all NWT's during certain
timeframes. These waters are:
1.1. Anadromous Fish Spawning Areas
Waters of the United States identified by either the North Carolina Division of Marine Fisheries
' (NCDMF) or the North Carolina Wildlife Resources Commission (NCWRC) as anadromous fish
spawning areas are excluded during the period between February 15 and June 30, without prior
written approval from NCDMF or NCWRC and the Corps.
1.2. Trout Waters Moratorium
' Waters of the United States in the twenty-five designated trout counties of North Carolina are
excluded during the period between October 15 and April 15 without prior written approval from
the NCWRC. (see Section I. b. 7. for a list of the twenty-five trout counties).
1.3. Sturgeon Spawning Areas
Waters of the United States designated as sturgeon spawning areas are excluded during the
period between February 1 and June 30, without prior written approval from the National Marine
Fisheries Service (NMFS).
2.0 Waters Requiring Additional Notification
' The Corps has identified waters that will be subject to additional notification requirements for
activities authorized by all NWP's. These waters are:
' 2.1. Western NC Counties that Drain to Designated Critical Habitat
Waters of the U.S. that requires a Pre-Construction Notification pursuant to General Condition
' 27 (PCN) and located in the sixteen counties listed below, applicants must provide a copy of the
PCN to the US Fish and Wildlife Service, 160 Zillicoa Street, Asheville, North Carolina 28805.
This PCN must be sent concurrently to the US Fish and Wildlife Service and the Corps Asheville
Regulatory Field Office. Please see General Condition 17 for specific notification requirements
related to Federally Endangered Species and the following website for information on the
location of designated critical habitat.
' Counties with tributaries that drain to designated critical habitat that require notification to the
Asheville US Fish and Wildlife Service: Avery, Cherokee, Forsyth, Graham, Haywood,
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' Henderson, Jackson, Macon Mecklenburg, Mitchell, Stokes, Surry, Swain, Transylvania, Union
and Yancey.
' Website and office addresses for Endangered Species Act Information:
The Wilmington District has developed the following website for applicants which provide
1 guidelines on how to review linked websites and maps in order to fulfill NWP general condition
17 requirements.
' http://www.saw.usace.army.mil/wetlands/ESA
1 Applicants who do not have internet access may contact the appropriate US Fish and Wildlife
Service offices or the US Army Corps of Engineers office listed below.
US Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
' Asheville, NC 28801
Telephone: [phone]
' Asheville US Fish and Wildlife Service Office counties: All
counties west of and including Anson, Stanly, Davidson, Forsyth and Stokes Counties
' US Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
1 Raleigh, NC 27636-3726
Telephone: [phone]
Raleigh US Fish and Wildlife Service Office counties: all counties east of and including
Richmond, Montgomery, Randolph, Guilford, and Rockingham Counties.
2.2. Special Designation Waters
Prior to the use of any NWP in any of the following North Carolina identified waters and
' contiguous wetlands, applicants must comply with Nationwide Permit General Condition 27
(PCN). The North Carolina waters and contiguous wetlands that require additional notification
requirements are:
"Outstanding Resource Waters" (ORW) and "High Quality Waters" (HQW) (as designated by
the North Carolina Environmental Management Commission), or
' "Inland Primary Nursery Areas" (IPNA) (as designated by the North Carolina Wildlife
Resources Commission), or "Contiguous Wetlands" (as defined by the North Carolina
Environmental Management Commission), or "Primary Nursery Areas" (PNA) (as designated by
the North Carolina Marine Fisheries Commission).
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2.3. Coastal Area Management Act (CAMA) Areas of Environmental Concern
Non-Federal applicants for any NWP in a designated "Area of Environmental Concern" (AEC)
in the twenty (20) counties of Eastern North Carolina covered by the North Carolina Coastal
Area Management Act (CAMA), must also obtain the required CAMA permit. Construction
activities for non-Federal projects may not commence until a copy of the approved CAMA
permit is furnished to the appropriate Wilmington District Regulatory Field Office (Wilmington
Field Office - P.O. Box 1890, Wilmington, NC 28402 or Washington Field Office - P.O. Box
1000, Washington, NC 27889).
2.4. Barrier Islands
Prior to the use of any NWP on a barrier island of North Carolina, applicants must comply with
Nationwide Permit General Condition 27 (PCN).
2.5. Mountain or Piedmont Bogs
Prior to the use of any NWP in a "Mountain or Piedmont Bog" of North Carolina, applicants
shall comply with Nationwide Permit General Condition 27 (PCN).
Note: The following wetland community types identified in the N.C. Natural Heritage Program
document, "Classification of Natural communities of North Carolina (Michael P. Schafale and
Alan S. Weakley, 1990), are subject to this regional condition.
Mountain Bogs Piedmont Bogs
Swamp Forest-Bog Complex Upland depression Swamp
Forest
Swamp Forest-Bog Complex
(Spruce Subtype)
Southern Appalachian Bog
(Northern Subtype)
Southern Appalachian Bog
Southern Subtype)
Southern Appalachian Fen
2.6. Animal Waste Facilities
Prior to use of any NWP for construction of animal waste facilities in waters of the US, including
wetlands, applicants shall comply with Nationwide Permit General Condition 27 (PCN).
2.7. Trout Waters
Prior to any discharge of dredge or fill material into streams or waterbodies within the twenty-
five (25) designated trout counties of North Carolina, the applicant shall comply with
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Nationwide Permit General Condition 27 (PCN). The applicant shall also provide a copy of the
notification to the appropriate NCWRC office to facilitate the determination of any potential
impacts to designated Trout Waters. Notification to the Corps of Engineers will include a
statement with the name of the NCWRC biologist contacted, the date of the notification, the
location of work, a delineation of wetlands, a discussion of alternatives to working in the
mountain trout waters, why alternatives were not selected, and a plan to provide compensatory
mitigation for all unavoidable adverse impacts to mountain trout waters.
NCWRC and NC Trout Counties

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Mr. Ron Linville
Western Piedmont Region
Coordinator Alleghany Caldwell Watauga
3855 Idlewild Road Ashe Mitchell Wilkes
Kemersville, NC 27284-9180 Ave Stokes
Telephone: [phone] Burke Surry
Mr. Dave McHenry
Mountain Region Coordinator Buncombe Henderson Polk
20830 Great Smoky Mtn.
Expressway Cherokee Jackson Rutherford
Waynesville, NC 28786 Clay Macon Swain
Telephone: [phone] Graham Madison Transylvania
Fax: [phone] Haywood McDowell 3.0 List of Corps Regional Conditions for All Nationwide Permits

The following conditions apply to all Nationwide Permits in the Wilmington District:
3.1. Limitation of Loss of Perennial Stream Bed
NWPs may not be used for activities that may result in the loss or degradation of greater than
300 total linear feet of perennial streams. The NWPs may not be used for activities that may
result in the loss or degradation of greater than 300 total linear feet of ephemeral and intermittent
streams that exhibit important aquatic function(s)* Loss of stream includes the linear feet of
stream bed that is filled, excavated, or flooded by the proposed activity. The District
Commander can waive the 300 linear foot limit for ephemeral and intermittent streams on a case-
by-case basis if he determines that the proposed activity will result in minimal individual and
cumulative adverse impacts to the aquatic environment. Waivers for the loss of ephemeral and
intermittent streams must be in writing. This waiver only applies to the 300 linear feet threshold
for NWPs. Mitigation may still be required for impacts to ephemeral and intermittent streams,
on a case-by-case basis, depending on the impacts to the aquatic environment of the proposed
project. [*Note: The Corps uses the Stream Quality Assessment Worksheet, located with Permit
Information on the Regulatory Program Web Site, to aid in the determination of aquatic function
within the intermittent stream channel.]
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1 3.2. Mitigation for Loss of Stream Bed Exceeding 150 Feet.
For any NWP that results in a loss of more than 150 linear feet of perennial and/or
ephemeral/intermittent stream, the applicant shall provide a mitigation proposal to compensate
for the loss of aquatic function associated with the proposed activity. For stream losses less than
1 150 linear feet, that require a PCN, the District Commander may determine, on a case-by-case
basis that compensatory mitigation is required to ensure that the activity results in minimal
adverse effect on the aquatic environment.
3.3. Pre-construction Notification for Loss of Streambed Exceeding 150 Feet.
Prior to use of any NWP for any activity which impacts more than 150 total linear feet of
perennial stream or ephemeral/ intermittent stream, the applicant must comply with Nationwide
Permit General Condition 27 (PCN). This applies to NWPs that do not have specific notification
' requirements. If a NWP has specific notification requirements, the requirements of the NWP
should be followed.
1 3.4. Restriction on Use of Live Concrete
For all NWPs which allow the use of concrete as a building material, measures will be taken to
i prevent live or fresh concrete, including bags of uncured concrete, from coming into contact with
waters of the state until the concrete has hardened.
3.5. Requirements for Using Riprap for Bank Stabilization
For all NWPs that allow for the use of riprap material for bank stabilization, the following
1 measures shall be applied:
3.5.1. Filter cloth must be placed underneath the riprap as an additional requirement of its use in
1 North Carolina waters.
3.5.2. The placement of riprap shall be limited to the areas depicted on submitted work plan
drawings.
3.5.3. The riprap material shall be clean and free from loose dirt or any pollutant except in trace
quantities that would not have an adverse environmental effect.
3.5.4. It shall be of a size sufficient to prevent its movement from the authorized alignment by
' natural forces under normal conditions.
3.5.5. The riprap material shall consist of clean rock or masonry material such as, but not limited
' to, granite, marl, or broken concrete.

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3.5.6. A waiver from the specifications in this Regional Condition may be requested in writing.
The waiver will only be issued if it can be demonstrated that the impacts of complying with this
Regional condition would result in greater adverse impacts to the aquatic environment.
3.6. Safe Passage Requirements for Culvert Placement
For all NWPs that involve the construction/installation of culverts, measures will be included in
the construction/installation that will promote the safe passage of fish and other aquatic
organisms. The dimension, pattern, and profile of the stream above and below a pipe or culvert
' should not be modified by widening the stream channel or by reducing the depth of the stream in
connection with the construction activity. The width, height, and gradient of a proposed opening
should be such as to pass the average historical low flow and spring flow without adversely
altering flow velocity. Spring flow should be determined from gage data, if available. In the
absence of such data, bankfull flow can be used as a comparable level.
1 In the twenty (20) counties of North Carolina designated as coastal counties by the Coastal Area
Management Act (CAMA): All pipe and culvert bottoms shall be buried at least one foot below
normal bed elevation when they are placed within the Public Trust Area of Environmental
1 Concern (AEC) and/or the Estuarine Waters AEC as designated by CAMA, and/or all streams
appearing as blue lines on United States Geological Survey (USGS) quad sheets.
rwaaway -
Culvertburiied
Approach Fill Bankfifll belowstreambed
to fppropriate
depth (ifrequimd).
Stream
Bottom

In all other counties: Culverts greater than 48 inches in diameter will be buried at least one foot
below the bed of the stream. Culverts 48 inches in diameter or less shall be buried or placed on
the stream bed as practicable and appropriate to maintain aquatic passage, and every effort shall
1 be made to maintain the existing channel slope. The bottom of the culvert must be placed at a
depth below the natural stream bottom to provide for passage during drought or low flow
conditions.
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ng the channel and head cutting upstream should be considered in the placement of
the culvert.

A waiver from the depth specifications in this condition may be requested in writing. The waiver
will be issued if it can be demonstrated that the proposal would result in the least impacts to the
aquatic environment.
All counties: Culverts placed in wetlands do not have to be buried.
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3.7. Notification to NCDENR Shellfish Sanitation Section
Applicants shall notify the NCDENR Shellfish Sanitation Section prior to dredging in or
removing sediment from an area closed to shell fishing where the effluent may be released to an
area open for shell fishing or swimming in order to avoid contamination from the disposal area
and cause a temporary shellfish closure to be made. Such notification shall also be provided to
the appropriate Corps of Engineers Regulatory Field Office. Any disposal of sand to the ocean
beach should occur between November 1 and April 30 when recreational usage is low. Only
clean sand should be used and no dredged sand from closed shell fishing areas may be used. If
beach disposal were to occur at times other than stated above or if sand from a closed shell
fishing area is to be used, a swimming advisory shall be posted, and a press release shall be
issued.
3.8. Preservation of Submerged Aquatic Vegetation
1 Adverse impacts to Submerged Aquatic Vegetation (SAV) are not authorized by any NWP
within any of the twenty coastal counties defined by North Carolina's Coastal Area Management
Act of 1974 (CAMA).
1 4.0 Additional Regional Conditions Applicable to Specific Nationwide Permits
' The following regional conditions are required for NWP #39-Residential Developments.
4.1. Discharges in wetlands and in perennial streams for stormwater management facilities are
' prohibited under this NWP.
4.2. Single-family recreational facilities are not authorized by this NWP. Recreational
I facilities that are incorporated into serving an entire residential development can be authorized
by this NWP.
' 4.3. Discharges of dredged or fill material into waters of the US, including wetlands, within the
floodway, resulting in permanent above-grade fills are not authorized by this NWP.
1 4.4. Discharges of dredged or fill material into waters of the US, including wetlands, within the
mapped FEMA 100-year floodplain, below headwaters (i.e. > five cfs) resulting in permanent
above-grade fills are not authorized by this NWP.
4.5. This NWP may not be used to authorize the discharges of dredged or fill material into
waters of the United States that have been identified or designated by the State of North Carolina
as:
Outstanding Resource Waters
High Quality Waters
Coastal Wetlands as defined by North Carolina's Coastal Area Management Act
Wetlands adjacent to these waters
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' NC DIVISION OF WATER QUALITY - GENERAL CERTIFICATION CONDITIONS
For the most recent General Certification conditions, call the NC Division of Water Quality,
Wetlands/401 Certification Unit at [phone] or access the following website:
http://h2o.enr.state.nc.us/ncwetlands/certs.html
1 NC DIVISION OF COASTAL MANAGEMENT - STATE CONSISTENCY
In a letter dated May 7, 2007, the North Carolina Division of Coastal Management found this
1 NWP consistent with the North Carolina Coastal Zone Management Program. Updates on
CAMA Consistency for NC can be found on the NC DCM web site at:
http://dcm2.enr.state.nc.us/Pennits/consist.htm
EASTERN BAND OF THE CHEROKEE INDIANS TRIBAL WATER QUALITY
CERTIFICATIONS
In a letter dated May 8, 2007, US EPA, on behalf of the Eastern Band of Cherokee Indians,
provided Tribal General Conditions for Nationwide Permits on Cherokee Indian Reservation.
These Tribal General Conditions are located on the Corps website at:
1 http://www.saw.usace.army.mil/WETLANDS/NWP2007/EBCI-certs.htmI
' Citations
2007 Nationwide Permits Public Notice for Final Issue Date: March 15, 2007
' Correction Notice for Nationwide Permits, Federal Register / Vol. 72, No. 88 / Tuesday, May 8,
2007 / Notices p.26082
2007 SAW Regional Conditions - Authorized June 1, 2007
1 This and other information can be found on the Corps web site at:
http://www.saw.usace.army.niil/WETLANDS/NWP2007/nationwide-permits html

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Water Quality Certification No. 3705
' GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE
FOR U.S. ARMY CORPS OF ENGINEERS NATIONWIDE PERMIT
NUMBERS 18 (MINOR DISCHARGES). 29 (RESIDENTIAL DEVELOPMENT),
39 (COMMERCIAL AND INSTITUTIONAL DEVELOPMENTS).
41 (RESHAPING EXISTING DRAINAGE DITCHES). 42 (RECREATIONAL FACILITIES),
44 (MINING ACTIVITIES), AND 46 (DISCHARGES IN DITCHES).
AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES)

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Water Quality Certification Number 3705 is issued in conformity with the requirements of Section
401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina
Division of Water Quality (DWQ) Regulations in 15A NCAC 2H, Section .0500 and 15A NCAC 2B
.0200 for the discharge of fill material to waters and adjacent wetland areas or to wetland areas
that are not a part of the surface tributary system to interstate waters or navigable waters of the
United States () as described in 33 CFR 330 Appendix A (B) (18, 29, 39, 41, 42, 43, 44, and 46)
of the Corps of Engineers regulations (i.e., Nationwide Permit No. 39) and for the Riparian Area
Protection Rules (Buffer Rules) in 15A NCAC 2B.0200.
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217
if conducted in accordance with the conditions hereinafter set forth.
Activities meeting any one (1) of the following criteria require written approval from the
Division of Water Quality (the "Division"):
Stream and/or buffer impacts:
a. Any impacts to perennial waters (as depicted on the most recent USGS 1:24000
topographic map or as otherwise determined by the local government,) and their
associated riparian buffers in Water Supply (WS), High Quality Water (HQW), or
Outstanding Resource Water (ORW) watersheds. Only water-dependent activities, public
projects, and structures with diminimus increases in impervious surfaces will be allowed as
outlined in those rules [15A NCAC 2B .0212 through .0215]. All other activities require a
variance from the delegated local government and/or the NC Environmental Management
Commission before the application for the 401 Water Quality Certification can be
processed.
b. Any impacts to streams and buffers in the Neuse, Tar-Pamlico, Randleman and Catawba
River Basins (or any other basins with Riparian Area Protection Rules [Buffer Rules] in
effect at the time of application [in accordance with 15A NCAC 213 .0200]), unless the
activities are listed as "EXEMPT" from these Rules.
c. Any impacts to streams involving excavation or dredging.
d. Total stream impacts equal to or greater than 150 linear feet of intermittent and/or perennial
stream to be filled, culverted, rip rapped, or relocated, including temporary and/or
permanent impacts.
II. Impacts (temporary and/or permanent) to waters:
a. Equal to or greater than one-third (1/3) of an acre East of Interstate 95 (1-95).
b. Equal to or greater than one-tenth (1/10) acre West of Interstate 95 (1-95).
III. Wetland impacts (temporary and/or permanent):
a. Equal to or greater than one-third (113) acre East of Interstate-95.
b. Equal to or greater than one-tenth (1/10) acre West of Interstate-95.
c. Any impacts to wetlands adjacent to waters designated as: ORW, SA, WS-I, WS-11, or
Trout, or wetlands contiguous to waters designated as a North Carolina or National Wild
and Scenic River.
d. Any impacts to coastal wetlands [15A NCAC 7H .0205)], or Unique Wetlands (UWL) [15A
NCAC 2H .0506].
Water Quality Certification No. 3705

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Water Quality Certification No. 3705
IV. If the activity is associated with or in response to a Notice of Violation or an enforcement
action initiated by the Division and/or the Division of Land Resources.
In accordance with North Carolina General Statute Section 143-215.3D(e), written approval for a
401 Water Quality General Certification must include the appropriate fee. If a project also
requires a CAMA Permit, then one payment to both agencies shall be submitted and will be the
higher of the two fees.
Activities that are below the thresholds, or otherwise do not meet the criteria listed above
in this General Certification do not require written approval from the Division of Water
Quality as long as they comply with the Conditions of Certification listed below, including
the Stormwater Management Plan condition. If the project requires a Stormwater
Management Plan, but is otherwise below the written approval thresholds, the applicant
may provide a courtesy copy of the Pre-Construction Notification along with a copy of the
Stormwater Management Plan (and approval letter from the appropriate locally delegated
state program where applicable). If any of these Conditions cannot be met, then written
approval from the Division is required.
Conditions of Certification:
1. No Impacts Beyond those Authorized in the Written Approval or Beyond the Threshold of Use
of this Certification
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 and
authorized in the written approval from the Division, including incidental impacts. 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.
2. Standard Erosion and 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:
a. 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.
b. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Surface Mining Manual.
c. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and the
Mining Act of 1971.
d. Sufficient materials required for stabilization and/or repair of erosion control measures
and stormwater routing and treatment shall be on site at all times.
e. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs),
Trout Jr), SA, WS-I, WS-II, High Quality (HQW), or Outstanding Resource (ORW)
waters, then the sediment and erosion control requirements contained within Design
Standards in Sensitive Watersheds (15A NCAC 04B.0124) supercede all other sediment
and erosion control requirements.
Water Quality Certification No. 3705
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' Water Quality Certification No. 3705
3. No Sediment and Erosion Control Measures in Wetlands or Waters
Sediment and erosion control measures should not be placed in wetlands or waters without
prior approval by the Division. If placement of sediment and erosion control devices in
' wetlands and waters is unavoidable, then design and placement of temporary erosion control
measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or
' stream beds or banks, adjacent to or upstream and down stream of the above structures. All
sediment and erosion control devices shall be removed and the natural grade restored within
two (2) months of the date that the Division of Land Resources or locally delegated program
has released the project.
' 4. Construction Stormwater Permit NCG010000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of
' Land Resources (DLR) or a DLR delegated local erosion and sedimentation control program,
an NPDES General stormwater permit (NCG010000) administered by the Division is
automatically issued to the project. This General Permit allows stormwater to be discharged
during land disturbing construction activities as stipulated by conditions in the permit. If your
' project is covered by this permit [applicable to construction projects that disturb one (1) or
more acres], full compliance with permit conditions including the sedimentation control plan,
self-monitoring, record keeping and reporting requirements are required. A copy of this
permit and monitoring report forms may be found at
I http:Uh2o.enr.state.nc.us/su/Forms Documents.htm_
' 5. Construction Moratoriums and Coordination
If activities must occur during periods of high biological activity (i.e. sea turtle or bird nesting),
then biological monitoring may be required at the request of other state or federal agencies
and coordinated with these activities. This condition can be waived through written
concurrence on a case by case basis upon reasonable justification.
All moratoriums on construction activities established by the NC Wildlife Resources
' Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries
(DMF), or National Marine Fisheries Service (NMFS) to lessen impacts on trout, anadromous
fish, larval/post-larval fishes and crustaceans, or other aquatic species of concern shall be
implemented. This condition can be waived through written concurrence on a case by case
' basis upon reasonable justification.
Work within the twenty-five (25) designated trout counties or identified state or federal
' endangered or threatened species habitat shall be coordinated with the appropriate WRC,
USFWS, NMFS, and/or DMF personnel.
' 6. Work in the Dry
All work in or adjacent to stream waters shall be conducted in a dry work area. Approved
best management practices from the most current version of the NC Sediment and Erosion
Control Manual, or the NC DOT Construction and Maintenance Activities Manual, such as
sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize
excavation in flowing water. Exceptions to this condition require submittal to, and approval

1 by, the Division of Water Quality.
1
Water Quality Certification No. 3705

Water Quality Certification No. 3705
' 7. Riparian Area Protection (Buffer) Rules
Activities located in the protected 50 foot wide riparian areas (whether jurisdictional wetlands
or not), within the Neuse, Tar-Pamlico, Catawba, or Randleman (or any other basin with
buffer rules), shall be limited to "uses" identified within and constructed in accordance with
' 15A NCAC 2B .0233, .0259, .0250 and .0243, and shall be located, designed, constructed,
and maintained to have minimal disturbance to protect water quality to the maximum extent
practicable through the use of best management practices. All buffer rule requirements,
' including diffuse flow requirements, must be met.
8. Water Supply Watershed Buffers
' The 30-foot wide vegetative buffer (low-density development) or the 100-foot wide vegetative
buffer (high-density development) shall be maintained adjacent to all perennial waters except
for allowances as provided in the Water Supply Watershed Protection Rules [15A NCAC 2B
' .0212 through .0215].
9. If concrete is used during the construction, then a dry work area should be maintained to
prevent direct contact between curing concrete and stream water. Water that inadvertently
' contacts uncured concrete should not be discharged to surface waters due to the potential for
elevated pH and possible aquatic life/fish kills.
10. Compensatory Mitigation
In accordance with 15A NCAC 2H .0506 (h), compensatory mitigation may be required for
losses of 150 linear feet or more of streams and/or one (1) acre or more of wetlands. For
' linear, public transportation projects, impacts equal to or exceeding 150 linear feet per stream
shall require mitigation.
Compensatory stream mitigation shall be required at a 1:1 ratio for all perennial and
' intermittent stream impacts in watersheds classified as ORW, HQW, Trout, WS-I and WS-11.
Buffer mitigation may be required for any project with Buffer Rules in effect at the time of
application for buffer impacts resulting from activities classified as "Allowable with Mitigation"
within the "Table of Uses" section of the Buffer Rules or require a variance under the Buffer
Rules.
A determination of buffer, wetland and stream mitigation requirements shall be made for any
General Water Quality Certification for this Nationwide Permit. Design and monitoring
protocols shall follow the US Army Corps of Engineers Wilmington District Stream Mitigation
Guidelines (April 2003), or its subsequent updates. Compensatory mitigation plans shall be
' submitted for written Division approval as required in those protocols. Alternatively, the
Division will accept payment into an in-lieu fee program or credit purchase from a mitigation
bank.
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nally, the mitigation plan must be implemented and/or constructed before any permanent
building or structure on site is occupied. In the case of public road projects, the mitigation
plan must be implemented before the road is opened to the public. Proof of payment to an
' in-lieu fee program or mitigation bank must be provided to the Division to satisfy this
requirement.
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Water Quality Certification No. 3705
11. For all activities requiring re-alignment of streams, a stream relocation plan must be included
for written Division approval. Relocated stream designs should include the same dimensions,
patterns and profiles as the existing channel (or a stable reference reach if the existing
channel is unstable), to the maximum extent practical. The new channel should be
constructed in the dry and water shall not be turned into the new channel until the banks are
stabilized. Vegetation used for bank stabilization shall be limited to native woody species,
and should include establishment of a 30-foot wide wooded and an adjacent 20-foot wide
vegetated buffer on both sides of the relocated channel to the maximum extent practical. A
transitional phase incorporating appropriate erosion control matting materials and seedling
establishment is allowable. Rip-rap, A-Jacks, concrete, gabions or other hard structures may
be allowed if it is necessary to maintain the physical integrity of the stream; however, the
applicant must provide written justification and any calculations used to determine the extent
of rip-rap coverage. Please note that if the stream relocation is conducted as a stream
restoration as defined in the US Army Corps of Engineers Wilmington District, April 2003
Stream Mitigation Guidelines (or its subsequent updates), the restored length can be used as
compensatory mitigation for the impacts resulting from the relocation.
12. Stormwater Management Plan Requirements
A. For applicants other than the North Carolina Department of Transportation, a Stormwater
Management Plan in accordance with the version of Stormwater Management Plan (SMP)
Requirements for Applicants other than the North Carolina Department of Transportation
posted on the Division web site at the time of application shall be provided for any project that
meets both of the following two criteria:
i. Requires a 404 Permit or Isolated Wetlands Permit (regardless of
whether written authorization is required by the Division), AND
ii. Contains one or more drainage areas that are anticipated to have
impervious surface cover of equal to or greater than 24 percent. When
drainage areas are difficult to delineate or when a pocket of high density
exists within a drainage area, the Division shall use best professional
judgment to apply the SMP requirement as appropriate.
B. For the North Carolina Department of Transportation, compliance with NCDOT's Individual
NPDES permit NCS000250 shall serve to satisfy this condition.
13. Placement of Culverts and Other Structures in Waters and Wetlands
Culverts required for this project shall be designed and installed in such a manner that the
original stream profiles are not altered and allow for aquatic life movement during low flows.
Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal
profile) must be maintained above and below locations of each culvert. Placement of culverts
and other structures in waters and streams must be placed below the elevation of the
' streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent
of the culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow
low flow passage of water and aquatic life.
' Installation of culverts in wetlands must ensure continuity of water movement and be
designed to adequately accommodate high water or flood conditions. Additionally, when
roadways, causeways or other fill projects are constructed across FEMA-designated
fl
oodways or wetlands, openings such as culverts or bridges must be provided to maintain
the natural hydrology of the system as well as prevent constriction of the floodway that may
result in destabilization of streams or wetlands.

Water Quality Certification No. 3705
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i Water Quality Certification No. 3705
' If site-specific topographic constraints preclude the ability to bury the culverts as described
above and/or the applicant can demonstrate that burying the culvert would result in
destabilization of the channel and head-cutting upstream, the Division will consider
alternative design proposals.
Any riprap required for normal pipe burial and stabilization shall be buried such that the
original stream elevation is restored and maintained.
' The establishment of native, woody vegetation and other soft stream bank stabilization
techniques must be used where practicable instead of riprap or other bank hardening
methods.

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14. Additional site-specific conditions may be added to the written approval letter for projects
proposed under this Water Quality Certification in order to ensure compliance with all
applicable water quality and effluent standards.
15. If an environmental document is required under the National or State Environmental Policy
Act (NEPA or SEPA), then this General Certification is not valid until a Finding of No
Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State
Clearinghouse.
16. If this Water Quality Certification is used to access building sites, then all lots owned by the
applicant must be buildable without additional impacts to streams or wetlands. The applicant
is required to provide evidence that the lots are buildable without requiring additional impacts
to wetlands, waters or buffers if required to do so in writing by the Division. For road
construction purposes, this Certification shall only be utilized from natural high ground to
natural high ground.
17. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional
wetlands, waters and protective buffers in order to assure compliance for future wetland,
water and buffer impact. These mechanisms shall be put in place at the time of recording of
the property, or of individual lots, whichever is appropriate. A sample deed notification can
be downloaded from the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/newetlands.
The text of the sample deed notification may be modified as appropriate to suit to a specific
project.
18. When written authorization is required for use of this certification, upon completion of all
permitted impacts included within the approval and any subsequent modifications, the
applicant shall be required to return the certificate of completion attached to the approval.
One copy of the certificate shall be sent to the DWQ Central Office in Raleigh at 1650 Mail
Service Center, Raleigh, NC, 27699-1650.
19. This General Certification shall expire three (3) years from.the date of issuance of the written
letter from the Division or on the same day as the expiration date of the corresponding
Nationwide Permit The conditions in effect on the date of issuance of Certification for a
specific project shall remain in effect for the life of the project, regardless of the expiration
date of this Certification. If the construction process for approved activities will overlap the
expiration and renewal date of the corresponding 404 Permit and the Corps allows for
continued use of the 404 Permit, then the General Certification shall also remain in effect
without requiring re-application and re-approval to use this Certification for the specific
impacts already approved.
Water Quality Certification No. 3705
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Water Quality Certification No. 3705
' 20. The applicant/permittee and their authorized agents shall conduct all activities in a manner
consistent with State water quality standards (including any requirements resulting from
compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of
State and Federal Law. If the Division determines that such standards or laws are not being
met, including failure to sustain a designated or achieved use, or that State or Federal law is
' being violated, or that further conditions are necessary to assure compliance, then the
Division may reevaluate and modify this General Water Quality Certification.
' Non-compliance with or violation of the conditions herein set forth by a specific fill project may
result in revocation of this General Certification for the project and may also result in criminal
and/or civil penalties.
' The Director of the North Carolina Division of Water Quality may require submission of a formal
application for Individual Certification for any project in this category of activity, if it is determined
that the project is likely to have a significant adverse effect upon water quality including state or
federally listed endangered or threatened aquatic species or degrade the waters so that existing
uses of the wetland or downstream waters are precluded.
Public hearings may be held for specific applications or group of applications prior to a
Certification decision if deemed in the public's best interest by the Director of the North Carolina
Division of Water Quality.
' Effective date: November 1, 2007
' DIVISION OF WATER QUALITY
By
Coleen H. Sullins
Director
History Note: Water Quality Certification Number 3705 replaces Water Quality Certification
Numbers 3106 and 3108 issued on February 11, 1997, Water Quality Certification Number 3287
issued on June 1, 2000, Water Quality Certification Number 3362 issued March 18, 2002, Water
Quality Certification Number 3402 issued March, 2003, and Water Quality Certification Number
' 3631 issued March 19, 2007. This Water Quality Certification is rescinded when the Corps of
Engineers re-authorizes Nationwide Permits 18, 29, 39, 41, 42, 43 or 44 or when deemed
appropriate by the Director of the Division of Water Quality.
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Water Quality Certification No. 3705