19941092 Ver 1_COMPLETE FILE_19941128

State of North Carolina 'LTV
Department of Environment,
VA
Health and Natural Resources 4 • •
Division of Environmental Management
James B. Hunt, Jr„ Governor p E H N F?
Jonathan B, Howes, Secretary
A. Preston Howard, Jr., P,E„ Director
November 28, 1994
Lenoir County
DEM Project # 941092
COE # 199404431
APPROVAL of 401 Water Quality Certification
Carolina Power & Light Company
Ms. Brenda E. Brickhouse
Senior Specialist
P.O. Box 1551
Raleigh, North Carolina 27602
Dear Ms. Brickhouse:
You have our approval to place fill material in approximately 17 acres of wetlands or waters for
the purpose of installing a transmission line over the Neuse River between US Highway 17 and SR
1569, as you described in your application dated 23 November 1994. After reviewing your application,
we have decided that this fill is covered by General Water Quality Certification Number 2664. This
certification allows you to use General Permit Number 049 when it is issued by the Corps of
Engineers.
This approval is only valid for the purpose and design that you described in your application. If
you change your project, you must notify us and you may be required to send us a new application.
For this approval to be valid, you must follow the conditions listed in the attached certification. In
addition, you should get any other federal, state or local permits before you go ahead with your
project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 30 days of the date that you receive this letter. To ask for a hearing,
send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the
Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 276 1 1-7447. This certification and
its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Environmental Management under Section 401
of the Clean Water Act. If you have any questions, please telephone John Domey at 919-733-1786.
Sincerely,
reston oward, Jr. E.
U
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DEM Regional Office
Mr. John Domey
Central Files
D. M. Barefoot; CP&L
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX 919-754-t(Mltr
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10°16 post-consumer paper

i
D ID: ACTION ID:
N TIONWIDE PERMIT APPLIED FOR (PROVIDE NATIONWIDE PERMIT !n:
REGIONAL PERMIT APPLIED FOR: SAWC081-N-000-0049
JOINT APPLICATION FORM FOR NOV Z 3 1994
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO CORPS OF ENGINEER§NM1k0'VAlE yTRL SClErICV,;
NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE
NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION
401 ISSUED
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. BOX 1890
WILMINGTON, NC 28402-1890
ATTN: CESAW-CO-E
TELEPHONE [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES
P.O. BOX 29535
RALEIGH, NC 27626-0535
ATTN: MR. JOHN DORNEY
TELEPHONE [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS.
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.
PLEASE PRINT.
1. OWNERS NAME: Carolina Power & Light Company
2. OWNERS ADDRESS: P.O. Box 1551
Raleigh. NC 27602
3. OWNERS PHONE NUMBER (HOME):
(WORK): 919-546-6782
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE
NUMBER: Brenda E. Brickhouse
Senior Specialist
P.O. Box 1551
Raleigh. NC
5. LOCATION OF PLANNED WORK (ATTACHED MAP). COUNTY: Lenoir
NEAREST TOWN OR CITY: Kinston to Grifton
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.):
Between US Highway 17 and SR 1569
6. NAME OF CLOSEST STREAM/RIVER: Neuse River
7. RIVER BASIN: Neuse
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW, WS I, OR WS
II? YES [ ] NO [ X ]
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY?
YES [ ] NO [XI
IF YES, EXPLAIN.
10. ESTIMATED TOTAL NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING WETLANDS,
LOCATED ON PROJECT SITE: 94 acres will be cleared (100 foot wide right of way corridor for the entire line
of approximately 20 miles). Total acres of wetlands in yroiect site unknown.
3/30/92
-2-
11. NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING WETLANDS, IMPACTED BY THE
PROPOSED PROJECT:
FILLED:
CLEARED: Approximately 17 acres
DRAINED:
FLOODED:
EXCAVATED: _
TOTAL IMPACTED:
Approximately 17 acres
12. DESCRIPTION OF PROPOSED WORK (ATTACH-PLANS): Clear 100 foot wide corridor of all woody
vegetation, with stumps left intact, and install 230 kV wood pole transmission line with structures
ssoaced approximately 600 feet apart.
13. PURPOSE OF PROPOSED WORK: Electric power transmission line needed to serve load in the area.
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS.
This line is in the optimum location that minimizes overall environmental and land use impacts. Wetland impacts
will be minimized by hand cutting, seedine and mulching disturbed areas, minimizing the number of structures in the
wetlands, and constructing no permanent access roads.
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (USFWS) AND/OR
NATIONAL MARINE FISHERIES SERVICE (NMFS) REGARDING THE PRESENCE OR ANY FEDERALLY
LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT
IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT.
HAVE YOU DONE SO? YES [ ] NO [ X ] Correspondence with the North Carolina Natural
Heritage Program revealed no endangered or threatened species
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO)
REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH MAY BE
AFFECTED BY THE PROPOSED PROJECT?
HAVE YOU DONE SO? YES [ X ] NO [ ]
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
Additional information may be found in the attached Application Report.
17. ADDITIONAL INFORMATION REQUIRED BY DEM:
A. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, AND LAKES ON THE
PROPERTY.
B. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY
PROJECT.
C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS
RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
D. IF A STORMWATER MANAGEMENT PLAN IS REQUIRED FOR THIS PROJECT, ATTACH COPY.
E. WHAT IS LAND USE OF SURROUNDING PROPERTY? Undeveloped forest, agriculture
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
Not applicable
OWNER'S SIGNATUR DATE
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(CP&L
Carolina Power & Light Company
P.O. Box 1551
411 Fayetteville Street Mall
Raleigh, N.C. 27602
401 ISSUED
August 25, 1994
Mr. Cliff Winefordner
U.S. Army Corps of Engineers
P.O. Box 1890
Wilmington, N.C. 28402-1890
Dear Mr. Winefordner:
Attached are 4-copies of CP&L Drawing # CT-41184-3 depicting our proposal to construct a
230 kV transmission line across the Neuse River at a point located 8.5 miles upstream from
the NCSR 1470 Bridge in Lenoir County, N.C.
If this proposal meets with your approval kindly authorize us to proceed with this work.
Yours very truly,
D. M. Barefoot
Sr. Utilities Coordinator
DMB/acg(wineford. itr)

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PURPOSE: TO TRANSMIT ELECTRIC
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SR 1470 APPROX. 8.5 MI. DOWNSTREAM
'B'- ELEV. 25.5':100 YR. FLOOD LEVEL

J.A. & ESTELLE DAUGHETY GEORGIA PACIFIC CORP.
BOOK 865. PAGE 04 BOOK 886. PAGE 57
LENOIR CO. LENOIR CO.
DATE: 8/3/8T DATE: 9/8/88
N.C. GRID NORTH
11qr-- K/NSTpN
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RIVER
1804
1803
1803
VICINITY MAP
1001
/ ?KINSTON DUPONT
230 KV SUB N
1800
OVERHEAD WIRE
CROSSING
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CAROLINA POWER & LIGHT
RALEIGH N. C.
KINSTON DUPONT-WOMMACK 230 KV LINE
CROSSING NEUSE RIVER
LOCATION LENOIR COUNTY
'ORZ. 1 400' 7_28_94
Scale VERT.1 40' Date
Drawn By AWL Checked By BAM
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS ??1 ??JU?
P.O. BOX 1890 J
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO September 7, 1994
Regulatory Branch
Action ID No. 199404431 and General Permit No. CESAW-CO81-N-000-0049
Mr. D. M. Barefoot
Carolina Power and Light Company
Post Office Box 1551
411 Fayetteville Street Mall
Raleigh, North Carolina 27602
Dear Mr. Barefoot:
Reference your letter of August 25, 1994, whereby you informed us of
your plans to install a 230 kV transmission line over the Neuse River, 8.5
miles upstream of the S.R. 1470 bridge, Lenoir County, North Carolina.
On January 1, 1994, we renewed general permit No. 198100049, (copy
enclosed) that authorizes the maintenance, repair and installation of aerial
and subaqueous utility lines with attendant structures and the discharge of
excavated or fill materials, within construction/access corridors, associated
with utility line maintenance, repair and installation in navigable waters and
waters of the United States in the State of North Carolina.
Your proposed work is authorized if you can comply with all general
permit conditions. Please read the enclosed permit to prevent an
unintentional violation of Federal law.
If you have questions, contact Mr. Norm Sanders, Washington Field
Office, Regulatory Branch, telephone [phone].
Since,
?-
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
-2-
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. John Dorney
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Mr. Wallace R. Sherron, Director
State Property Section
North Carolina Department of
Administration
116 West Jones Street
Raleigh, North Carolina 27603-8003
Commander
Fifth Coast Guard District
Federal Building
431 Crawford Street
Portsmouth, Virginia 23705
Copies Furnished with plans:
Director, Atlantic Marine Center
National Ocean Service
ATTN: MOA232X1
439 West York Street
Norfolk, Virginia 23510-1114
NOAA
National Ocean Survey
Marine Chart Branch
N/CG 2211
Rockville, Maryland 20852
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
General Permit No. 198100049
Name of Permittee: General Public
Effective Date: January 1, 1994
Expiration Date: December 31, 1999
DEPARTMENT OF THE ARMY
GZNZ AL PERMIT
A general permit to perform work in or affecting navigable waters of the
United States and waters of the United States, upon recommendation of the
Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act of
March 3, 1899 (33 U.S.C. 403), and Section 404 of the Clean Water Act (33
U.S.C. 1344), is hereby modified and renewed by authority of the Secretary of
the Army by
District Engineer
U.S. Army Engineer District, Wilmington
Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
TO MAINTAIN, REPAIR AND INSTALL AERIAL AND SUBAQUEOQS UTILITY LINES WITH
ATTENDANT STRUCTURES AND TO DISCHARGE EXCAVATED AND/OR FILL MATERIALS WITHIN
CONSTRUCTION/ACCESS CORRIDORS IN NAVIGABLE WATERS AND WATERS OF THE UNITED
STATES IN THE STATE OF NORTH CAROLINA.
1. Special Conditions.
a. Work authorized by this general permit includes the installation of
pipes and pipelines for the transportation of any gaseous liquid, liquefiable
or slurry substance and any cable, line or wire for the transmission of
electrical energy, telephone or telegraph messages, and radio and television
communication. This general permit authorizes the temporary discharge of
excavated material from trenches or footings, the temporary discharge of
excavated or fill material for construction of access roads, the temporary
stockpiling of excavated or fill material for bedding and backfill and the
discharge of material for bedding and backfill, including outfall and intake
structures. All work will conform to the standards contained herein. Other
construction activities are not authorized by this general permit.
b. Excavation or discharge of dredged or fill material in any emergent
wetlands, forested wetlands, beds of submerged aquatic vegetation or shellfish
beds is discouraged. Whenever practicable, utility line routes will avoid
areas of concentrated shellfish production and submerged beds of vascular
aquatic vegetation.
C. Installation of aerial utility lines in Currituck Sound, Core Sound,
lower Pamlico Sound, Falls Lake, Jordan Lake and other areas identified as
important to avifauna migration and movement, will be specifically coordinated
with the U.S. Fish and Wildlife Service.
-2-
d. To install a utility line under the authority of this general permit,
the permittee mnst apply to the District Engineer by submitting a written
description of the work and appropriate drawings on 8-1/2 inch by it inch
paper. Immediately after receipt of an application, the District Engineer
will assign an action identification number and examine the proposal to
determine the applicability of this general permit. If the proposal satisfies
the general permit conditions, the District Engineer will so inform the
permittee by letter which may contain additional, specific conditions to
assure that the work will have only a minimal impact on resources. The
permittee may not commence construction until he receives the District
Engineer's letter. Copies of this letter, with drawings, will be furnished co
the Director, Atlantic Marine Center, National Ocean Service, Norfolk,
Virginia, and NOAA, the National Ocean Survey, Marine Chart Branch, Rockville,
Maryland.
e. The temporary discharge of excavated or fill material in waters or
wetlands will be for the absolute minimum period of time necessary to
accomplish the work.
f. This general permit does not authorize any permanent changes in
preconstruction elevation contours in waters or wetlands. A permitter will
have a specific plan for restoring wetland contours. Any excess material will
be removed to a highground disposal area.
g. The area of waters of the U.S. that is disturbed will be limited to
the minimum necessary to install the utility line. The work area authorized
by this general permit, including temporary access roadways, will be minimized
to the greatest extent practicable. In no case will the work corridor width
exceed forty (40) feet.
h. This general permit does authorize temporary roadway access, as
determined by the District Engineer, to be essential for maintenance, repair
and/or installation of utility lines.
(1) Temporary access roadways will not span more than one-half way
across any waters or wetlands at any one time.
(2) Temporary access roadways will be constructed of non-erodible
materials.
i. Material resulting from trench excavation may be temporarily sidecast
into waters of the U.S. provided that the material is not placed in such a
manner that it is dispersed by currents or other forces.
J. In wetlands, the top 6" to 12" of the trench will be backfilled with
topsoil from the trench.
k. Measures will be taken to prevent live or fresh concrete from coming
into contact with waters of the State until the concrete has hardened.
1. Stabilization will be required immediately on completion of each
individual utility line crossing. Any exposed slopes and streambanks must be
stabilized immediately upon installation of the utility line.
-4-
v. This general permit does not relieve the permittee from the
responsibility of obtaining an easement to cross navigable waters from the
North Carolina Department of Administration, State Property Office, pursuant
to North Carolina General Statutes 143-341 (4), 146-11 and 146-12.
2. General Conditions.
a. There will be no unreasonable interference with navigation or the
right of the public to riparian access by the existence or use of activities
authorized by this general permit.
b. A permittee, upon receipt of written notice from the Wilmington
District Engineer of failure to comply with the terms or conditions of this
general permit, will, within 60 days, without expense to the U.S. Government,
and in such manner as the Wilmington District Engineer may direct, affect
compliance with the terms and conditions or return the worksite to a pre-work
condition.
C. The permittee must make every reasonable effort to perform the work
authorized herein in a manner so as to minimize any adverse impact on fish,
wildlife and natural environmental values.
d. The permittee must perform the work authorized herein in a manner so
as to minimize any degradation of water quality. The activity will be
conducted in such a manner as to prevent a significant increase in turbidity
outside the area of construction or construction-related discharge. Increases
such that the turbidity in the waterbody is 50 NTU's or less in all rivers not
designated as trout waters by the North Carolina Division of Environmental
Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes
and reservoirs, and 10 NTU's or less in trout waters, are not considered
significant.
e. The permittee will permit the Wilmington District Engineer or his
representative to make periodic inspections at any time deemed necessary in
order to assure that the activity is being performed or maintained in strict
accordance with the Special and General Conditions of this permit.
f. This general permit does not convey any rights, aither in real estate
or material, or any exclusive privileges; and it does not authorize any injury
to property or invasion of rights or any infringement of Federal, State or
local laws or regulations, nor does it obviate the requirement to obtain State
or local assent required by law for the activity authorized herein. These may
include, but are not necessarily limited to, a Dredge and/or Fill Permit
(N.C.G.S. 113-229), a Coastal Area Management Act (LAMA) Permit (N.C.G.S.
113A-118), an Easement to Fill (N.C.G.S. 146-12) and a Water Quality
Certification pursuant to Section 401 of the Clean Water Act.
g. Authorization provided by this general permit may be either modified,
suspended or revoked in whole or in part if the Wilmington District Engineer,
acting on behalf of the Secretary of the Army, determines that such action
would be in the best public interest. Unless subject to modification,
suspension or revocation, the term of this general permit shall be five years.
Any modification, suspension or revocation of this authorization will not be
the basis for any claim for damages against the U.S. Government.
-3-
m. Appropriate erosion and sedimentation control measures, in accordance
with State standards as directed by the North Carolina Division of
Environmental Management, will be employed whenever excavated or fill
materials are discharged in or near waters or wetlands.
n. This general permit does not authorize the discharge of fill material
for roadways or any excavation of channels in navigable waters of the United
States, waters subject to Section 10 of the Rivers and Harbors Act of 1899.
Equipment operating in such waters must work from barges or wooden mats.
o. This general permit does not authorize the discharge of excavated or
fill material in fin fish or shrimp nursery areas or areas subject to
anadromous fish spawning runs during the period between March 1 and November
15 of any year. This general permit does not authorize the discharge of
excavated or fill material in designated trout waters during the period
between November 1 and April 15 of any year.
p. This general permit does not authorize any work which would adversely
affect any public water supply intake.
q. In areas where a subaqueous utility line is to cross a Federally-
maintained channel, i.e., the Atlantic Intracoastal Waterway (AIWW), it will
be buried at a minimum depth of six (6) feet below the depth of the authorized
channel. In other areas where subaqueous lines are subject to interfere with
navigation, they will be installed at a minimum depth of two (2) feet below
the substrate.
r. The minimum clearance for aerial communication lines, or any lines
not transmitting electrical power, will be ten (10) feet above the clearance
required for bridges in the vicinity as established by the U.S. Coast Guard.
s. The clearance for an aerial line is based on the low point of the
line under conditions which produce the greatest sag, taking into
consideration temperature, load, wind, length or span and the type of
supports. The minimum clearance for an aerial electrical power transmission
line will be governed by the system voltage as indicated below:
Nominal System Minimum Clearance
Voltage, kilovolt Above Bridge Clearance
(As Established by the U.S. Coast Guard)
115 and below 20 feet
138 22
161 24
230 26
350 30
500 35
700 42
750 to 765 45
t. The District Engineer reserves the right to require that subaqueous
lines be placed at greater depths or aerial lines be placed at greater heights
if the general public interest so indicates.
u. This general permit does not apply to utility lines that are a part
of a water power project. Federal authorization for such lines must be
obtained from the U.S. Department of Energy.
-5-
h. This general permit does not authorize the interference with any
existing or proposed Federal project and the permittee will not be entitled to
compensation for damages or injury to the structures or work authorized herein
which may be caused by or result from existing or future operations undertaken
by the United states in the public interest.
i. This general permit will not be applicable to proposed construction
when the Wilmington District Engineer determines that the proposed activity
would significantly affect the quality of the human environment and determines
that an Environmental Impact Statement (EIS) must bs prepared.
J. This general permit will not be applicable to proposed construction
when the Wilmington District Engineer determines, after any necessary
investigations, that the proposed activity would adversely affect areas which
possess historic, cultural, scenic, conservation or recreational values.
Application of this exemption applies to:
(1) Rivers named in Section 3 of the Wild and Scenic Rivers Act (15
U.S.C. 1273), those proposed for inclusion as provided by Sections 4 and 5 of
the Act and wild, scenic and recreational rivers established by State and
local entities.
(2) Historic, cultural or archeological sites listed in or eligible
for inclusion in the National Register of Historic Places as defined in the
National Historic Preservation Act of 1966 and its codified regulations, the
National Historic Preservation Amendment Acts of 1980 and 1992, the Abandoned
Shipwreck Act of 1987 and the Native American Graves Protection and
Repatriation Act.
(3) Sites included in or determined eligible for listing in the
National Registry of Natural Landmarks.
(4) Endangered or threatened species or habitat of such species as
determined by the Secretaries of Interior or Commerce and concerned in
accordance with the Endangered Species Act (16 U.S.C. 1531).
k. Permittees are advised that development ac?livities in or near a
floodway may be subject to the National Flood tnaurance Program which
prohibits any development, including fill within a floodway that results in
any increase in base flood elevations.
1. At his discretion, the Wilmington District Engineer may determine
that this general permit will not be applicable to a specific construction
proposal. In such case, the procedure for ,,processing an individual permit
accordance with 33 CFR 325 will be avai e.
BY AUTHORITY OF THE SECRETARY OF THE
r
Geor L. Cajig
Colo el, Corps of ngineers
District Engineer
in