ML051220567

E-mail Brunswick Site Audit Right-of-Way Specifications

ML051220567
Person / Time
Site:	Brunswick
Issue date:	03/16/2005
From:	Kozyra J Progress Energy Carolinas, Progress Energy Co
To:	Emch R NRC/NRR/DRIP/RLEP
References
EVC-SUBS-00022, Rev 2, MNT-TRMX-00176, Rev 0, T4-15
Download: ML051220567 (45)

Text

From: "Kozyra, Jan" <jan.kozyra@ pgnmnaiI.com>

To: "Richard Emch" <RLE @nrc.gov>

Date: Wed, Mar 16,2005 10:11 AM Here is the response to one of the outstanding questions from the audit.

1) The BMPs information we received from the transmission line maintenance department does not include anything about how Progress Energy deals with stream crossings or if it has any special procedures for the streamnside management zone. What (if any) procedures are in place to minimize impacts to stream crossings and wetlands? Does Progress Energy maintain streamnside management zones?

Response: The transmission line procedures that Progress Energy has in place to minimize impacts to stream crossings and wetlands during initial installation and maintenance of ROWs include:

• EVC-SUBS-00022, Land Disturbing Activities;

• MNT-TRIVX-001 76, Transmission Line Right of Way; and

• Specification T4-15, These procedures are attached as pdf files. Progress Energy does maintain streamside management zones when appropriate.

<<T4- 15.pdf>> <EVCSUBS00022. pdf>> <MNTTRMX001 76.pdf>>>

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Subject:

Creation Date: Wed, Mar 16, 2005 10:10 AM From: "Kozyra, Jan" <jan.kozyra@pgnmail.com>

Created By: jan.kozyra@pgnmail.com Recipients nrc.gov OWGWPOO2.HQGWDOO1 RLE (Richard Emch)

Post Office Route OWGWPOO2.HQGWDOO1 nrc.gov Files Size Date & Time MESSAGE 1202 Wednesday, March 16, 2005 10:10 AM TEXT.htm 2205 T4-15.pdf 674217 EVCSUBS00022.pdf 88280 MNITTRMX00176.pdf 26096 Mime.822 1 Options Expiration Date: None Priority: Standard Reply Requested: No Return Notification: None Concealed

Subject:

No Security: Standard

001 Progress Energy Specification No. T4-15 For Right of Way Preparation For Progress Energy Carolinas, Inc.

1 CAROLINA, POWER & LIGHT COMPANY TRANSMISSION DEPARTMENT TRANSMISSION PROJECTS SECTION CONSTRUCTION SPECIFICATION T4 SPECIFICATION SECTION 15 RIGHT-OF-WAY PREPARATION Part 1 Right-of-Way Clearing PREPARED BY: 67.6 A2 DATE: 6//915 8 Paul A. Cox Jr., P.E. SenJdr Engineer Transmission Projects APPROVAL RECOMMENDED BY: DATE:: _- 6 -____

bonrald R. Ennis - Environmental Coordinator Energy Delivery - Business Operations DATE: VP / 118 Douglas. Meier- SeniorAnalyst Northern Area Transmission Maintenance.

LAe K.4 aj d. 4dt s.~ DATE: 9//air8 fohn K. Cooper - Senior Support Specialist Transmission Projects

&JU(la,TSm Mrv DATE:Zl~' 2' W)" T - Seniclr Technical Specialist

(*tnvirorf nt~e~cVP APPROVED BY: k Z, ] DATE: Ij-b- f Thomas F urP.E - Project Engineer Transmission Projects Revision # Date Prepared By Approved By Page(s) Affected 1 5/ 2f o1 autIox . nomni a-rbo - (Sect. 4.12.1) ¢hanged minimum time to stabilize aoil from 30 days to 15 dayi.

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TABLE OF CONTENTS SECTION TITLE PAGE 1.0 PURPOSE --------- -- 3 2.0 DEFINITIONS--- --- ------ -- -- -------------- 3 3.0 MATERIALS AND SERVICES FURNISHED BY COMPANY ------------------------- 4 3.1 Materials ---------------------- ----------------------------------- 4 3.2 Other Services - ----------------------------------------------------------------- 4 4.0 CONTRACTORS RESPONSIBILITIES ------------------------------------------------ 5 4.1 General -------------------------------------------- 5 4.2 Rlelations with the Public ----------------------------------------------- 5 4.3 General Safety--------- ----- 5 4.4 Safety Procedures Involving Overhead Lines ----------------- ------ 6 4.5 General Environmental ---------------------------- 6 4.6 Solid Waste ------------------------------------------------- -------------- 6 4.7 Releases--------- ------------------------------ - ---- 6 4.8 Permits------------- - ------ ---- ----- ------------------------- 6 4.9 Ingress and Egress ----------------------------- 6 4.10 Property Damage-------------------------------------------------------------- 6 4.11 Clean Ip ---------------- ------------- 7 4.12 Erosion Control ----------------- ----------- ---- 7 4.13 Fences -------------------------------------- ----- 8 5.0 CLEARING DETAILS -- --------------------------------------------------------- 9 5.1 General -- --- --- ------- ------------ -- ------------ 9 5.2 Vista Screens and Buffer Zones ---------------------------- 10--------

10 5.3 Danger.Trees -------------------------------------------------

6.0 CLEARING DETAILS-------------- --- - ---------- 11 6.1 Clearing Methods - ----- ----------------- ---------------------- 11 6.1.1 Machine Cutting ---------- ------------- 1 6.1.2 Hand Clearing -------------------------------- 11 6.1.3 Selective Hand Clearing ------------------------------------------------ 11 6.2 Disposal Methods ---- ----------------------------------------- 12 6.2.1 Hauling---------------------- ------------------------ 12 6.2.2 Chipping------ --------------------------- 12 2

PROGRESS ENERGY CAROLINAS RIGHT-OF-WAY CLEARING GENERAL SPECIFICATIONS DATED APRIL 2003 1.0 PURPOSE The following specifications are for initial right-of-way clearing associated with the construction of transmission lines on the Progress Energy Carolinas system. These specifications should serve as guidelines for clearing and removing trees, brush, and other woody vegetation growing on the transmission right-of-way. Clearing should minimize erosion, not impede line construction activities, and leave the corridor with-an acceptable appearance. The specifications. are not intended to cover all details but should serve as guidelines for the clearing operations.

2.0 DEFINITIONS 2.1 Initial Clearing - Applies to transmission line right-of-way being cleared for the first time.

2.2 Company - Progress Energy Carolinas 2.3 2.4 Contractor - Right-of-way clearing contractor.

2.5 Designated Representative - An authorized representative of Company acting as a liaison between the Company and the Contractor regarding all clearing activity. This representative will inspect and review the Contractor's clearing operations to assure that this procedure's intent is followed.

2.6 Environmental Law - Any federal, state or local law, statute, ordinance, rule, guideline, judicial or administrative order or other public authority now in effect or hereafter enacted relating to (1) the regulation or protection of human health, safety, occupational safety and health, the environment or natural resources or (2) any Regulated Substance.

2.7 Release(s) - With respect to any substance or material, means any spilling, leaking, pumping, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing of such substance into the environment, or any other act or event the occurrence of which would require containment, remediation, notification or similar response under any law.

2.8 Regulated Substance - Any chemical, material, substance or waste the exposure to, access to or management -of which is now or hereafter prohibited, limited or regulated by any law or governmental unit.

2.9 Vista Screen - Areas of naturally occurring or planted vegetation designated by the Company which will be selectively cleared and trimmed to reduce the visual impact of transmission line corridors.

2.10 Clearing Plan - Drawings and data fuamished by the Company specifying location and type of clearing.

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2.11 Danger Trees - Trees outside the initially cleared right-of-way whose height plus five feet equals or exceeds the distance from the tree's base to the nearest conductor or a point on the ground directly underneath the nearest conductor.

2.12 Erosion Control Plan - Drawings and data prepared by the Company outlining erosion and sedimentation control measures for individual transmission projects. These plans must be approved by the appropriate regulatory authority in either North Carolina or South Carolina.

2.13 Buffer Zone - The strip of land adjacent to a lake or natural water course, the width of which is measured from the water's edge to the nearest edge of the cleared area, containing selectively cut natural vegetation and supplemented with a small debris barrier to contain visible siltation between the zone of natural vegetation and the cleared area.

2.14 Sele'tive Clearing - Clearing only that woody vegetation which would hamper construction activities or pose an immediate threat to the transmission line.

2.15 Work Area - The immediate work area, such as each tract of woods which is cleared continuously without moving equipment or labor to another location. This does not necessarily include the entire line length.

2.16 Individual Tree - A tree (greater than 2 inches in diameter and 15 feet in height) which must be treated separately after cutting from most other trees during the clearing operation. These trees usually occur in hedge oi fence rows, pastures, yards, etc.

3.0 MATERIALS AND SERVICES FURNISHED BY COMPANY 3.1 Materials 3.1.1 The Company will furnish the Contractor with copies of Access Road Maps, Plan &

Profile drawings, regulatory permits, Right-of-Way Preparation Specifications, Right-of-Way maps, Weekly Progress Report Forms, inventory forms, and a Right-of-Way Clearing Plan designating where various types of clearing apply. The Company will identify wetland areas on the Plan and Profile as well as the Clearing Plan. The Plan & Profile drawings and maps that are furnished to the Contractor are for orientation purposes only and do not represent conditions that might exist when clearing begins.

3.1.2 Permission to clear right-of-way parcels will be furnished in writing as the property is released. Parcels released will be identified from property line to property line based on the center line station number and as shown on the Right-of-Way map. The Contractor shall not enter upon any property until written notification is released.

3.2 Other Services 3.2.1. Replacement of Survey - Survey stakes are required to locate the center line prior to clearing, to correlate locations on the Plan & Profile drawings, and to identify danger trees. The Contractor shall preserve all survey control points including points on tangent (POT) and points of intersection (PI) and protect all stakes with flagging during clearing operations. The Contractor will be responsible for the replacement cost of POT and PI markers if they have been moved or destroyed due to carelessness. If the survey stakes 4

have deteriorated or been removed before clearing, the Contractor shall notify the Designated Representative and if the Designated Representative concurs that the survey is destroyed beyond recognition, the Company will replace the survey. If Contractor fails to have the Designated Representative confirm that the survey is destroyed, the survey will be replaced at the Contractor's expense.

3.2.2 Inspection and Inventory - Inspections for procedure compliance will be in three to five mile sections when the clearing is completed on any section. An inventory and inspection will be made at the convenience of the Designated Representative together with a Contractor's representative. The Designated Representative may request the Contractor to furnish a crew that will accompany him on inspections and inventories. If the right-of-way clearing was not performed to specifications, the Contractor shall be notified and required to begin corrections within five (5) days after notification and continue until completion.

4.0 CONTRACTOR RESPONSIBILIlTIES 4.1 General - The Contractor is responsible for the right-of-way until completion and final acceptance by the Company. The Contractor shall take all precautions necessary and shall bear all risk of loss or damage. The Contractor will furnish all necessary equipment, tools, labor, transportation, and supervision to clear the right-of-way according to these specifications. The Contractor shall confine all activities, including equipment storage, to the right-of-way limits except for cutting danger trees. The Contractor shall comply with all restrictions in the right-of-way release letters furnished by the Company.

4.2 Relations with the Public - The manner in which the Contractor deals with people and their properties while performing this work is extremely important to the Company. Therefore, the Contractor and the Contractor's representatives shall manifest a spirit of friendliness and cooperation when dealing with property owners and the general public while performing work under this specification.

4.3 General Safety - Extreme care and diligence shall. be exercised by the Contractor to assure the safety of persons, animals, and property. If at any time the Designated Representative determines that Contractor's methods or equipment are inadequate for securing the safety of the Contractor's or the Company's employees or the public, the Designated Representative may direct the Contractor to change or increase safety. The Contractor shall improve methods as deemed appropriate by the Designated Representative without additional cost to the Company, so as to assure compliance with the Company's safety concerns. Failure of the Designated Representative to make this demand shall not relieve the Contractor of any obligation to ensure the safe conduct of its work.

The Contractor shall maintain all lights, guards, signs, temporary passages, or other precautions necessary for the safety of all persons. The Contractor shall abide by all safety rules and construction conditions required by governmental authorities and other entities, including railroads, so the public is safeguarded from accidents and delays. Guards and flags required by governmental or railroad authorities shall be provided at the Contractor's expense, unless directed otherwise by the Designated Representative.

4.4 Safety Procedures Involving Overhead Lines - The Contractor shall prevent trees and brush from touching existing overhead lines and is held responsible for informing personnel of the hazards involved. Should a CP&L electric line or any electric equipment be damaged or service interrupted by the Contractor's activities, the Contractor shall immediately cease all activities in 5

the area and notify the Designated Representative to report the location of the damage. If the Designated Representative is not available, the Contractor shall immediately report the accident to the Company Customer Service Center, Power Outage Reporting Line, at 1-800-419-6356. Failure to notify the Designated Representative or the Company Customer Service Center of this damage may result in a repair delay and a commensurate increase in the Contractor's liability. The Contractor shall not proceed with work until specifically directed by the Designated Representative.

4.5 General Environmental - The Contractor shall comply with all Environmental laws.

4.6 Solid Waste - The Contractor shall keep the premises free from solid waste at all times and shall provide suitable containers on all equipment for solid waste disposal.

4.7 Releases - The Contractor shall not release any regulated substance on Company property or right-of-way or on any roadways leading to or from Company property or right-of-way. In the event the Contractor releases any material or substance on Company property or right-of-way, the Contractor immediately shall notify the Designated Representative and remediate the release pursuant to all applicable Environmental Laws and to Company's direction and reasonable satisfaction.

4.8 Permits - The Contractor is responsible for obtaining all work permits and posting notices concerning the actual clearing at highways, railroads, waterways, pipelines, cables, etc. The Company will obtain the necessary regulatory permits and construction notices required for the transmission line's completed construction. Regulatory permit conditions will supersede these specifications and shall be followed.

4.9 Ingress and Egress - The Contractor shall confine all activities to public roads and the Company's land or rights-of-way. The Company shall provide ingress and egress to a transmission line right-of-way from a public road and then up and down the right-of-way insofar as possible. A vista screen or buffer zone may be provided at specified road or water crossings. In these vista screens and buffer zones, the Contractor shall use only a route designated by the Designated Representative or not traverse the area. If the Contractor desires to approach the right-of-way by private property (such as driveways, farm lanes, or roads), the Contractor shall secure prior permission from the individual property owners. No access shall be cut from limited or controlled access roads or highways such as an interstate highway. The Contractor shall use the substation access road for all access to substations unless prior approval for other access is obtained from the Designated Representative.

4.10 Property Damage 4.10.1 Extreme care and diligence will be exercised by the Contractor to assure that property damage is kept to an absolute minimum. The Contractor shall be responsible for taking all necessary precautions to prevent damage or injury to the property or efforts of the Company or other contractors. The Contractor, at the Contractor's own expense, shall repair or replace any such damage.

4.10.2 Should a property owner make a complaint resulting from acts or omissions of the Contractor, the Contractor shall, at the Contractor's sole expense, repair the damaged property to its original condition or to the property owner's satisfaction or shall otherwise make a settlement and obtain a release within ten (10) calendar days. If this is not done, 6

the Company may settle the complaint and deduct the amount from the Contractor's payments.

4.10.3 The Contractor shall do no more crop damage on the right-of-way than is absolutely necessary. Extreme care and diligence must be exercised to assure that crop damage is kept to an absolute minimum. The Contractor is to notify the Designated Representative of all crop damage on a right-of-way, and the Company shall settle any claim for that damage with property owner. If, in the opinion of the Company, the damage on the right-of-way is excessive and needless, then the Contractor will be held responsible. Otherwise, the Company is responsible for normal crop damage.

4.10.4 The Contractor shall be held solely responsible for any and all damage claims off the right-of-way. Any damage to culverts, driveways, roadways, bridges, or buildings incurred during right-of-way clearing, either directly or indirectly by Contractor's operations, shall N be promptly repaired at the Contractor's expense. All such repair work shall restore the damaged property to its original condition or to the property owner's satisfaction. The Contractor is responsible for keeping the private roadways accessible during clearing operations when used by the Contractor's employees.

4.11 Clean Up 4.11.1 The Contractor shall clean up and restore all property in the work area to original condition or to the Designated Representative's satisfaction (on and off the right-of-way) immediately upon completion of the work in each work area. Work areas will be specified by the Designated Representative. Each area must meet the Designated Representative's acceptance before final payment for that area will be made. If the Contractor fails to maintain a clear work area or to promptly clean up and restore property after the completion of work, the Company may perform or arrange to have performed the clean up and restoration. If the Company incurs any cost in performing this work, that cost times a factor sufficient to cover the Company's applicable administrative and general overhead costs shall be paid to the Company by the Contractor or deducted by the Company from any amount owed to the Contractor.

4.11.2 Any temporary buildings, embankments, cofferdams, etc. built for clearing purposes shall be removed by the Contractor upon completion of all work. The Contractor shall fill all excavations as directed by the Designated Representative and shall remove all equipment.

The Contractor shall dispose of all refuse materials at locations approved by Designated Representative. Concrete refuse shall not be dumped in ditches, whether public or private.

4.12 Erosion Control 4.12.1 Visible -off-site sedimentation is prohibited. The Contractor is responsible for implementing sufficient erosion control measures to contain sedimentation as recommended in the North Carolina Erosion and Sedimentation Control Planning and Design Manual or the South Carolina Stormwater Management and Sediment Control Handbookfor Land DisturbingActivities. A ground cover sufficient to prevent erosion of any graded or exposed soil shall be provided within 15 working days after soil distributing activities are completed. Any damage to slopes or terraces, on or off the right-of-way, shall be repaired immediately to prevent erosion or the likelihood of erosion. Particular care shall be taken before leaving each work area to maintain all existing drains and ensure that drainage is provided so that water does not stand on the right-of-way or properties adjacent 7

to the right-of-way. Where specified by Designated Representative, portions of the right-of-way shall be seeded according to the North Carolina Erosion and Sedimentation Control Planning and Design Manual or the South Carolina Erosion and Sediment Control Practicesfor Developing Areas.

4.12.2 The Contractor's equipment and clearing method shall not cause excessive damage to the right-of-way, including rutting and displacing the topsoil. If the Designated Representative determines that excessive damage is occurring, the Contractor will be held responsible to correct and prevent further damage. The Contractor may be required by the Designated Representative to make an equipment or operator change, hand clear as described in Section 6.1.2, or suspend clearing operations in those areas until heavy equipment operation can be resumed without causing excessive damage.

4.12.3 The Contractor shall conduct its operations in compliance with all measurers outlined in the Erosion Control Plan approved by the appropriate regulatory agency in either North Carolina or South Carolina. A copy of the approved Erosion Control Plan will be provided to the Contractor by the Company. The Contractor shall keep a copy of the approved Erosion Control Plan on site at all times.

4.12.4 During clearing activities, the Designated Representative will make periodic inspections of the erosion control measurers outlined in the Clearing Plan and the approved Erosion Control Plan. Erosion control is the responsibility of the Contractor and is to be undertaken at the Contractor's expense. If the Contractor has failed to implement the measures adequately, the Contractor will be held responsible for correcting the noncompliance to the Designated Representative's satisfaction.

4.13 Fences 4.13.1 The Contractor shall respect the private ownership of fences. The Contractor shall not cut any temporary opening or take down any portion of a fence until the property owner or tenant has been contacted and arrangements made for a temporary fence opening. All gates, including any installed on CP&L property, shall be closed when not in use. The Contractor is responsible for and shall ensure that all fences confining livestock are maintained so that the livestock cannot escape.

4.13.2 The Contractor shall maintain or replace all existing fences with like material at the same location, regardless of fence condition prior to clearing. This maintenance or replacement shall extend completely across the right-of-way including the danger tree areas. When trees supporting a fence are cut, the fence will be removed from trees, and trees cut not to exceed four (4) inches from the ground's surface. The Company will reimburse the Contractor for the purchase and installation of pressure treated wood or steel posts at an established rate. No allowance will be made for posts cut in woods. When work is completed, all temporary openings or gates made or installed by the Contractor shall be removed and the fence opening permanently closed, utilizing like material and construction. The Contractor shall notify the Designated Representative as soon as the opening is closed and the designated Representative shall inspect and approve the closure.

When specified by the Company, the Contractor will install gates in maintained fences crossing the right-of-way according to Company Specification Drawing T4-D27. . All gate materials will be funished by the Company. The Contractor will be responsible for 8

all materials issued.

4.13.3 When required by the Company during 500 kV clearing operations, the Contractor shall install steel fence posts in existing fences according to CP&L Specification Drawing T4-D27.2. The Company will furnish the Contractor with 8-foot-long galvanized steel posts with metal clips. For fences crossing the right-of-way, a minimum of two steel posts will be installed approximately 50 feet on each side of the centerline. For fences that generally parallel the right-of-way, steel posts will be installed approximately 100 feet apart. All posts installed will be leveled with existing posts either by driving down or driving down to refusal and cutting. The Contractor will be responsible for each post furnished by the Company.

5.0 CLEARING DETAILS The following clearing specifications are expected to be performed by the Contractor on each clearing project.

5.1 General 5.1.1 No heavy equipment shall be operated off the right-of-way unless specifically authorized by the Designated Representative.

5.1.2 No stump removal, "blading, or other disturbance of the root mat is allowed on or off the right-of-way unless specifically authorized by the Designated Representative.

5.1.3 All woody vegetation within the right-of-way limits shall be cut to within four inches of the ground's surface.

5.1.4 Existing stump piles and logs from previous clearing or logging operations on the right-of-way shall be disposed of as specified with all other brush and debris.

5.1.5 No timber, brush, or refuse shall be piled, burned, or buried on the right-of-way of any existing communications line, power line, gas line, highway right-of-way, or any other utility right-of-way.

5.1.6 All cut material shall be entirely removed from ditches, drains, creeks, and streams.

Streams will be kept open and free-flowing at all times.

5.1.7 Pine brush and logs, including danger trees, shall be felled and piled such that they are not in contact with growing pine trees to help prevent the transfer of pine beetles from cut brush and logs to growing pine timber.

5.1.8 The Contractor shall not clear any vegetation on a highway right-of-way, or any ornamental type vegetation including trees, shrubs, fruit trees, etc. without the prior knowledge and consent of the Designated Representative. Any vegetation removed without consent shall be replaced by the Contractor at the Contractor's sole expense.

5.1.9 The Contractor shall cut and dispose of individual trees as directed by the Designated Representative. Individual trees cut in pastures and fields shall be completely removed so 9

that grazing land or crops are not damaged. All foliage from wild cherry trees cut in pastures shall be immediately removed and deposited outside pasture fences.

5.1.10 The Contractor shall not clear or otherwise disturb the areas around substations unless specifically allowed or directed by the Designated Representative. If disturbed by the Contractor's operation, the Contractor shall provide and plant the necessary shrubs or trees to re-establish screening or area vegetation suitable to the Company. The Contractor will not be liable for any damages if approved by the Designated Representative.

5.2 Vista Screens and Buffer Zones 5.2.1 Selective clearing procedures may be required at designated major road and stream crossings. The Contractor shall not perform any clearing operations in Vista screens or buffer areas unless otherwise specifically instructed by the Designated Representative.

The Company will identify selective clearing areas on the Plan and Profile drawings and Clearing Plans.

5.2.2 The felling and trimming of trees in vista screens and buffer zones will require selective clearing so that remaining vegetation will not be damaged. If the remaining vegetation is damaged or destroyed by the Contractor's clearing operation, the Contractor will provide, at the Contractor's expense, necessary planting to re-establish the screen or buffer. Access roads through selective cleared areas shall be allowed only as the Designated Representative indicates. The minimum electrical conductor clearance over vegetation in screens and buffers is specified as follows:

Voltage Minimum Clearance Conductor Temperature 115 kV 15 feet 212 0 F 230 kV 20 feet 2120 F 500kV 25 feet 212 0 F Conductor height shall be determined from the maximum conductor sag curve on the Plan

& Profile.

5.2.3 Compensation for selective clearing is based on the acreage unit extending through the selectively cleared area or as otherwise specified in the bid request.

5.2.4 All selectively cleared vegetation in vista screens and buffer zones shall be removed by equipment working outside those areas to ensure that the remaining vegetation is not damaged.

5.2.5 Where all remaining vegetation in vista screens is of such height that trirming is required, the trees shall be cut to varying heights to maintain a natural appearance.

5.3 Danger Trees 5.3.1 The Contractor will use a teleheight to determine danger trees to be cut. The Company will provide the horizontal distance from the survey line to the outside conductors.

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5.3.2 Danger trees may be either hand cut or machine cut so as to minimize damage to the surrounding vegetation. The Designated Representative can require the Contractor to change the method used if the surrounding vegetation is being unnecessarily damaged.

5.3.3 Danger trees shall be disposed of as specified in the Clearing Plan and described in Section 6.2.

5.3.4 Compensation for cutting danger trees will be included in the right-of-way clearing unit.

Where the woods line angles across the right-of-way, compensation will be based on the woods line at the centerline. At isolated locations where no clearing compensation is applicable, a unit for every 100 feet along the centerline will be allowed for cutting danger trees.

6.0 CLEARING AND DISPOSAL METHODS The clearing and disposal methods that the Contractor uses will be specified in the Clearing Plan or in the Request for Bids. The different types of methods are described below.

6.1 Clearing Methods 6.1.1 Machine Cutting - Heavy equipment will be used to cut woody vegetation to within four inches of the ground, but there shall be no stump removal, "blading" or other disturbance of the root mat. Dozers equipped with K-G blades are expressly prohibited.

Should any of this right-of-way clearing involve wetland areas, then the heavy equipment used shall be limited to equipment that will not cause rutting of the right-of-way or disturbance of the root mat. Where the ground will not support heavy equipment directly, either mats or high floatation equipment shall be used. If the Designated Representative determines that the heavy equipment is causing disturbance of the root mat or topsoil in wetland areas, then the Contractor must cease using this clearing method and use the method described in Section 6.1.2.

6.1.2 Hand Clearing - All woody vegetation shall be cut using a chainsaw or similar hand-operated equipment. Stumps shall be left as they are but not exceeding four inches above the ground.

6.1.3 Selective Hand Clearing - Selective hand clearing requires cutting vegetation as described in Section 6.1.2; However, only vegetation that would endanger the line, as defined in Section 5.2.2, shall be cut. All remaining low-growing trees, shrubs, vines, grasses, herbs, etc., shall be left to grow in their natural state.

No heavy equipment shall be allowed within the designated selective hand clearing areas.

The ground cover, root mat, topsoil, and remaining vegetation shall be preserved at all times.

6.2 Disposal Methods 6.2.1 Hauling - Brush and debris shall be completely removed from the right-of-way to another location. The Contractor has the responsibility to locate a disposal site, provide the hauling II

equipment, and abide by disposal site specifications. The equipment which hauls the brush and debris shall not damage the right-of-way corridor, vista screens, or buffer zones.

6.2.2 Chipping - Brush and debris shall be chipped and spread uniformly on the right-of-way.

No chips will be allowed in creeks and other drainage ways, pastures, plowed fields or yards. Logs or limbs too large to chip shall be removed from the right-of-way. In some cases, large logs or limbs may be allowed to be neatly laid along the edge of the right-of-way if approved by the Designated Representative. The Designated Representative may also allow large logs and limbs to remain in wetland areas where their removal would cause significant disturbance of the root mat and top soil. In these wetland areas, the trees shall be limbed and trunks cut into smaller pieces so that they lie flat on the ground and do not interfere with water movement. If large logs and limbs are allowed to be left on the right-of-way in wetland areas, then the Contractor shall keep clear a width specified by the Designated Representative to allow for construction access.

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AUTHORIZED COPY Document title Land Disturbing Activities Document number EVC-SUBS-00022 Applies to: Progress Energy Carolinas, Inc.; Progress Energy Florida, Inc.; Progress Energy Service Company, LLC; Progress Telecom Corporation Keywords: environmental; environmental compliance manual - common TABLE OF CONTENTS

1.0 BACKGROUND

............................................................................. 5 2.0 PROGRAM REQUIREMENTS ............................................................................ 6 2.1 COMPANY ............................................................................ 6 2.2 FEDERAL ............................................................................ 7 2.3 FLORIDA ............................................................................ 7 A. SEDIMENT AND EROSION CONTROL ............................................................................ 7 B. STORM WATER DISCHARGES ..................................................................... ....... 7 C. RIVER BUFFER ........................................................................... 7 D. WETLANDS, WATERS OF THE U.S., AND COASTAL AREAS ....................................... 8 2.4 GEORGIA............................................................................................................................9 A. SEDIMENT AND EROSION CONTROL ................................... 9 B. STORM WATER DISCHARGES ................................... 9 C. RIVER BUFFERS...............................................................................................................9 D. WETLANDS, WATERS OF THE U.S., AND COASTAL AREAS .................. 10 EVC-SUBS-00022 I Rev. 2 (08/03) 1 Page 1 of 28

AUTHORIZED COPY 2.5 NORTH CAROLINA ....................................................... 10 A. SEDIMENT AND EROSION CONTROL ....................................................... 10 B. STORM WATER DISCHARGES ....................................................... 10 C. RIPARIAN BUFFERS ........................................................ 11 D. WETLANDS, WATERS OF THE U.S., AND COASTAL AREAS ..................................... 12 2.6 SOUTH CAROLINA ....................................................... 13 A. SEDIMENT AND EROSION CONTROL ....................................................... 13 B. STORM WATER DISCHARGES ....................................................... 13 C. WETLANDS, WATERS OF THE U.S., AND COASTAL AREAS ..................................... 13 3.0 PERMITS & CERTIFICATIONS ....................................................... 14 3.1 COMPANY ..................................................... 1.................

3.2 FEDERAL .......... 14 A. WETLANDS, WATERS OF THE U.S., AND COASTAL AREAS ..................................... 14 3.3 FLORIDA ..................................................... 15 A. SEDIMENT EROSION CONTROL ..................................................... 15 B. STORM WATER DISCHARGES ..................................................... 15 C. WETLANDS, WATERS OF THE U.S., AND COASTAL AREAS ..................................... 16 3.4 GEORGIA ..................................................... 17 A. SEDIMENT AND EROSION CONTROL ..................................................... 17 B. STORM WATER DISCHARGES ..................................................... 17 C. RIVER BUFFERS ..................................................... 17 D. WETLANDS, WATERS OF THE U.S., AND COASTAL AREAS ..................................... 18 I EVC-SUBS-00022 I Rev. 2 (08/03) l Page 2 of 28l

AUTHORIZED COPY 3.5 NORTH CAROLINA ................................................... 19 A. SEDIMENT AND EROSION CONTROL ................................................... 19 B. STORM WATER DISCHARGES ................................................... 19 C. RIPARIAN BUFFERS ................................................... 20 D. WETLANDS. WATERS OF THE U.S.. AND COASTAL AREAS .20 3.6 SOUTH CAROLINA ................................ 21 A. SEDIMENT AND EROSION CONTROL ..................................................... 21 B. STORM WATER DISCHARGES ..................................................... 21 C. WETLANDS, WATERS. BUFFERS AND COASTAL AREAS ......................................... 21 4.0 TRAINING REQUIREMENTS ..................................................... 22 4.1 COMPANY ..................................................... 22 4.2 FEDERAL ...................................................... 22 4.3 FLO RIDA ..................................................... 22 4.4 GEORGIA ...................................................... 22 4.5 NORTH CAROLINA ..................................................... 22 4.6 SOUTH CAROLINA ...................................................... 22 5.0 RECORD KEEPING REQUIREMENTS ..................................................... 23 5.1 COMPANY ..................................................... 23 5.2 FEDERAL ..................................................... 23 5.3 FLO RIDA ...................................................... 23 5.4 GEORGIA ..................................................... 23 5.5 NORTH CAROLINA ................................................... 24 5.6 SOUTH CAROLINA ................................................... 24 EVC-SUBS-00022 Rev. 2 (08/03) l Page 3 of 28

AUTHORIZED COPY 6.0 SELF-ASSESSMENTS ................... 24

7.0 REFERENCES

................... 25 7.1 COMPANY ................... 25 7.2 FEDERAL ................... 25 7.3 FLORIDA ................... 26 7.4 GEORGIA ................... 27 7.5 NORTH CAROLINA ................... 28 7.6 SOUTH CAROLINA ................... 28 FORMS FRM-SUBS-01050 l Environmental Survey for New Construction Projects and Modifications to Existing Facilities EVC-SUBS-00022 Rev. 2 (08/03) l Page 4 of 28

AUTHORIZED COPY

1.0 BACKGROUND

• Land development activities may require several different permits, certifications, or approvals issued by different state and/or federal agencies. These activities include, but are not limited to:

I The construction or expansion of:

1. Buildings, e Facilities, 4 Substations, o Power plants, o Parking lots,

,o Roads,

, Overhead or underground utility lines (electric, gas, etc.), or I Clearing rights-of-way.

• Permits, certifications, or approvals must be obtained prior to beginning any land-disturbing activity. Contact the Environmental Services Section (ESS) for assistance with obtaining these authorizations.

Exoigsoil to increased erosion and off-site sedimentation Dshreof dredged or fill material to waters of the US Disturbing land near a stream Placing a structure in navigable waters Construction in wetlands or a coastal county Installation of an impervious surface

• Most of these authorizations are mandated by the Clean Water Act, which is a federal law. The law delegated the responsibility of administering some programs to the states.

I/ In this chapter, state-administered federal provisions will be found under the state sections.

• On March 10, 2003 a general National Pollution Elimination Discharge (NPDES) permit will be required for construction activities greater than 1 acre.

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AUTHORIZED COPY

• Employees and contractors must comply with all site-specific and general permit conditions.

• Noncompliance with regulations, permits, plans or approvals may result in:

I Notices of Violation; i Requirement to restore the disturbed area; I Stop-work orders; I Record of noncompliance (may negatively impact future permitting);

I Fines of up to $50,000; and I Two years imprisonment.

2.0 PROGRAM REQUIREMENTS 2.1 COMPANY

• Employees and contractors have the responsibility to determine whether land-disturbing activities require a permit, plan, or other approval.

• Refer to the Environmental Survey (FRM-SUBS-01050) early in the planning stages of any project that may cause land disturbances. If the survey indicates a permit or approval is required, contact ESS for assistance with the process.

I Some permits require substantial (months) regulatory approval time which must be built into the project schedule; it is important to contact ESS early.

I On March 10, 2003 a general NPDES permit will be required for construction activities greater than 1 acre.

• Any land-disturbing activity that can result in off-site sedimentation requires installation of adequate erosion control measures.

• Impacts to regulated areas should be avoided if possible and minimized at all times.

• Contacted ESS to determine the presence of wetlands, surface waters, or other regulated areas and to delineate the jurisdictional boundaries. Each employee must:

I Have jurisdictional areas identified, I Find out what activities can and can't be undertaken without a permit, and

/ Know the boundaries of wetland areas when land disturbing activities are undertaken in or near wetlands, coastal areas or buffer zones.

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AUTHORIZED COPY 2.2 FEDERAL

• Refer to Section 3.0 for permit information.

2.3 FLORIDA A. SEDIMENT AND EROSION CONTROL All projects are required to institute Best Management Practices to minimize offsite transport of materials during a construction project.

B. STORM WATER DISCHARGES

• Florida's Environmental Resource Permitting program combines the permitting of stormwater management and impacts to wetlands in one permitting program.

• In addition to the Environmental Resource Permitting Program, a Generic Permit for Stormwater Discharge from Construction Activities that Disturb Five or More Acres of Land (CGP) may also be required. These permits are required for stormwater discharges to surface water of the state from construction activity that disturbs five or more acres of land.

• Projects that will disturb between 1 and 5 acres and discharge to surface waters of the state will be required to obtain permit coverage starting in 2003.

C. RIVER BUFFER There are no formal river buffer requirements.

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AUTHORIZED COPY D. WETLANDS, WATERS OF THE U.S., AND COASTAL AREAS

• Florida's Environmental Resource Permitting program combines the permitting of stormwater management and impacts to wetlands in one permitting program.

• Construction projects involving land under water (e.g., aerial crossings, modifications to existing lines, replacement of subaqueous cables, etc.) may require State approval.

• Progress Energy Florida's use of sovereign submerged lands requires an easement or consent of use from the State. Contact the ESS for assistance if a project includes submerged lands.

• The installation of any impervious surface (driveways, buildings, equipment foundations) may require a permit to be obtained.

• Depending on the amount of impervious surface being installed a stormwater pond may be required to be constructed.

• Impacts below the 100 year floodplain require compensating storage be provided.

/ If an Environmental Resource Permit is required, this issue will be addressed as part of that permit if not, the local government will address as part of their permitting process.

• Local government rules may be more stringent than the state rules and coordination must occur to ensure that requirements of all the agencies are met.

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AUTHORIZED COPY 2.4 GEORGIA A. SEDIMENT AND EROSION CONTROL

• Many counties (including Effingham, Monroe, Walton, and Washington Counties) administer their own sedimentation and erosion control programs.

• Use Best Management Practices (BMPs) found in Section 12-7-6 of the Georgia Erosion and Sedimentation Act (also refer to "The Manual for Erosion and Sediment Control in Georgia" for guidance) for all land-disturbing activities.

• Development involving less than 1.1 acres does not require a permit.

• A Land-Disturbing Activities Permit is required prior to beginning work for:

/ Projects over 1.1 acres (even if the disturbed area is less than 1.1 acres), or

/ Those within 200 feet of the bank of any State waters.

• Perform inspections as required in the Erosion and Sedimentation Control Plan.

B. STORM WATER DISCHARGES

• Projects that involve less than five acres must comply with BMPs found in Section 12-7-6 of the Georgia Erosion and Sedimentation Act (also refer to "The Manual for Erosion and Sediment Control in Georgia" for guidance).

• When the project is five acres or greater, a General NPDES Permit for Storm Water Discharges from Construction Activities is required.

/ Sites greater than five acres must sample in accordance with the project's Comprehensive Monitoring Program and a monthly monitoring results summary must be submitted to the Regional office by the fifteenth of the following month.

• On March 10, 2003 a General NPDES Permit for Storm Water Discharges from Construction Activities will be required for construction activities greater than 1 acre.

C. RIVER BUFFERS

• A variance or permit must be obtained prior to beginning projects along rivers or streams.

• Contact the local government agency to determine if there are any additional requirements or restrictions for development along rivers.

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AUTHORIZED COPY D. WETLANDS, WATERS OF THE U.S., AND COASTAL AREAS Activities in marshlands, the dvnamic dune system, or tidal areas require permits.

2.5 NORTH CAROLINA A. SEDIMENT AND EROSION CONTROL

• Memoranda of understanding authorize certain transmission line and substation construction activities upon approval of simplified Sediment and Erosion Control Plans.

• Any land-disturbing activity that can result in off-site sedimentation requires installation of adequate erosion control measures.

• If the land-disturbance is one acre or greater a Sediment and Erosion Control Plan must be submitted to, and approved by, the appropriate Land Quality Section, Division of Land Resources Regional Office, prior to beginning work.

I The plan must be submitted at least 30 days prior to the project's start date.

I If the State has issued a Letter of Approval within 30 days of submission, contact ESS before beginning the project.

B. STORM WATER DISCHARGES

• Land-disturbing activities of five acres or greater require NPDES Stormwater Discharge Permit for Construction Activities.

I/ On March 10, 2003 permits will be required for projects of one acre or larger.

• A N.C. Stormwater Runoff Management Permit is required when a CAMA Major Development Permit or an approved Sediment and Erosion Control Plan is needed and when development activities:

I Are located in the 20 coastal counties I Drain to Outstanding Resource Waters (ORW)

/ Are within 1 mile and draining to high quality waters (HQW)

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AUTHORIZED COPY C. RIPARIAN BUFFERS

• Activities impacting intermittent and perennial streams, lakes, ponds and estuarine waters within the Neuse, Tar-Pamlico, and Mainstem Catawba River Basins and the Randleman Reservoir must meet North Carolina Riparian Area Buffer Protection Rules. Buffers are separated into two zones:

I Zone 1 (the first 30 feet) must be left undisturbed.

I Zone 2 (the next 20 feet) may be graded and revegetated, provided that the health of the vegetation in Zone 1 is not compromised and the ground is stabilized and existing diffuse flow is maintained.

• The North Carolina Riparian Area Buffer Protection Rules describe certain categories of activities which are "exempt," "allowable," "allowable with mitigation," and "prohibited."

I Many construction activities, including the installation of overhead and underground utility lines, are either exempt or allowable with the use of certain BMPs (see footnote on p. 9).

-k Overhead utility rights-of-way widths are limited to 150 feet.

' Underground utility rights-of-way widths are limited to 40 feet.

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AUTHORIZED COPY UNDERGROUND OVERHEAD PRACTICE ALLOWABLE WITHIN RIGHTS-OF-WAY LINES LINES Remove only vegetation that poses a hazard or has the potential to grow tall enough to interfere with the line in the 10-foot wide (minimum) zone immediately adjacent to the water body.

Clear woody vegetation by hand. Land grubbing and grading are V/

prohibited.

Leave vegetated root systems intact to maintain the integrity of the soil; stumps shall remain, except in the trench.

Riprap is prohibited unless it is necessary to stabilize a tower. /

Install underground cables by vibratory plow or trenching. o Backfill the trench with the excavated soil immediately following cable /

installation.

Fertilizer is prohibited, except for a one-time application to re-establish vegetation.

Minimize the removal of woody vegetation, the extent of the disturbed area, and the time in which areas remain in a disturbed state during /

V/

construction.

Take active measures after construction and during routine maintenance to ensure diffuse flow of storm water through the buffer.

Use mats in wetlands to minimize the soil disturbance. / /

Poles or towers are prohibited within 10 feet of a water body unless the division completes a no practical alternatives evaluation.

• If impacts to the buffers are necessary, and do not fall within the above activities, a more formal application must be submitted to the North Carolina Division of Water Quality (DWQ), and a permit obtained prior to initiating the project.

V The permit will contain conditions to offset any impacts to the riparian buffer.

I If the State has not responded within 60 days of submission, contact ESS before starting.

D. WETLANDS, WATERS OF THE U.S., AND COASTAL AREAS

• Permits and certifications are required for:

I Projects in coastal counties, and I Federally-permitted activities impacting State waters.

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AUTHORIZED COPY 2.6 SOUTH CAROLINA A. SEDIMENT AND EROSION CONTROL

• A sediment and erosion control plan must be filed with the Bureau of Water Pollution Control, Sediment, Erosion, and Stormwater Management Program, for any land-disturbing activity involving less than two acres. No approval is required to start work.

I For projects two acres or more, a plan must be filed, and approval obtained, before beginning work.

• Certain activities are authorized without filing a sediment and erosion control plan, provided they are consistent with the Policy and Procedures Manual filed with the South Carolina Public Service Commission, including:

I Construction of o Transmission lines,

/$ Substations, and e Overhead and underground distribution lines, and I Distribution line right-of-way clearing and maintenance.

B. STORM WATER DISCHARGES

• Land-disturbing activities involving five acres or greater require NPDES storm water permits.

V On March 10, 2003 permits will be required for projects of one acre or larger.

C. WETLANDS, WATERS OF THE U.S., AND COASTAL AREAS

• Permits are required for activities impacting:

• Wetlands, and I Lake Robinson.

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AUTHORIZED COPY 3.0 PERMITS & CERTIFICATIONS 3.1 COMPANY

• ESS will determine the type of permit, certification, or approval needed and assist in application preparation and submittal.

3.2 FEDERAL

• A Clean Water Act Section 404 permit is required for wetlands that are impacted by a land-disturbing activity.

• A Rivers and Harbors Act Section 10 permit will be required if a structure will be placed in, over or under navigable waters.

A. WETLANDS, WATERS OF THE U.S., AND COASTAL AREAS

• The United States Army Corps of Engineers (COE) has three types of permits for activities that affect wetlands or other waters of the US.:

/ Nationwide, V Regional, and

/ Individual.

• The COE issues a General Permit (Regional and Nationwide) Verification for activities having little or no impact on water quality or navigability.

I Examples of such activities include:

e Some minor dredging or filling activities;

, Maintenance of existing structures; o Emergency work; and o Installation of navigation or monitoring devices.

I While they require less regulatory review, these permits have specific conditions that must be met before they are applicable.

I Nationwide and regional permits may or may not require prior notification of the Corps or other agencies before work begins.

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• Individual permits must be obtained for those activities that do not fall under a nationwide or regional permit; permitting may take up to a year.

I A formal application, including a detailed description of the work to be done and drawings, must be submitted for review.

1 The application is submitted for public notice and may also be reviewed and commented on by other regulatory agencies.

/ The Corps may examine alternatives that avoid or lessen the impact on wetlands.

• If the project crosses a federal channel, approval may be necessary from the Corps Real Estate Division.

• On March 10, 2003 NPDES Stormwater Discharge for Construction Activities Permits will be required for land disturbances of one acre or more. This permit is issued by each state.

3.3 FLORIDA A. SEDIMENT EROSION CONTROL A separate permit for sedimentation and erosion control is not required.

B. STORM WATER DISCHARGES

• A Generic Permit for Stormwater Discharge from Construction Activities that Disturb Five or More Acres of Land (CGP) is required for stormwater discharges to surface water of the state from construction activity that disturbs five or more acres of land.

• Projects that will disturb between 1 and 5 acres and discharge to surface waters of the state will be required to obtain permit coverage starting March 10, 2003.

• If the project is required to have an Environmental Resource Permit (ERP), the Notice of Intent (NOI) is required to be submitted at least two days before construction activity starts.

V If the project is not required to have an ERP the NOI must be filed at least 30 days before construction activity starts.

• The NOI must include a stormwater pollution prevention plan has been developed and will be implemented during the project.

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AUTHORIZED COPY C. WETLANDS, WATERS OF THE U.S., AND COASTAL AREAS

• Environmental Resource Permits (ERP) are required prior to the construction, alteration, maintenance, operation, or abandonment of any dam, impoundment, reservoir, appurtenant works, or work on surface water management systems, uplands and wetlands. Most activities that involve alteration of land surfaces or dredging and filling require an ERP, including:

V Constructing or modifying:

t Buildings, t Parking lots, and I Driveways;

/ Dredging of navigation channels;

• Filling of wetlands (including the installation of power poles); and

/ Constructing docks and seawalls.

• A proprietary authorization is required for activities located on sovereign submerged lands.

The proprietary authorization application is reviewed concurrently with the ERP application; this linkage streamlines the review of state regulatory and proprietary authorizations.

• Permits issued for facility surface water management systems are site-specific.

• There are several types of Environmental Resource Permits:

I Noticed General Permits are for small projects with minimal impact. These permits have a 30 day processing time.

/ Standard General and Individual Permits are for greater impacts and may require at least 6 months of review.

/ Contact ESS for assistance with determining what type of permit maybe required for your project.

• ERP may require pre-construction notifications, as-built certifications and on-going operations and maintenance inspections. Depending on the type of project, additional specific conditions may apply.

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AUTHORIZED COPY 3.4 GEORGIA A. SEDIMENT AND EROSION CONTROL

• A Land-Disturbing Activity Permit is required for projects:

V 1.1 acres or greater, or v Within 200 feet of the bank of any State waters.

• The permit application must include an Erosion and Sedimentation Control Plan (refer to "The Manual for Erosion and Sediment Control in Georgia" for guidance).

X The plan must adhere to BMPs listed in the Georgia Erosion and Sedimentation Act (12-7-6).

B. STORM WATER DISCHARGES

• A Notice of Intent (NOI) for a General NPDES Permit for Storm Water Discharges from Construction Activities must be filed with the appropriate Regional Office of the Georgia Environmental Protection Division for activities disturbing greater than five acres of land.

v Unless the Regional Office notifies the permittee that coverage is denied and an application is needed for an individual permit, the general permit will be effective one week after submittal of the NOL.

v An Erosion, Sedimentation and Pollution Control Plan, designed and certified by a licensed professional, must be in place.

V A Comprehensive Monitoring Program (also designed and certified by a licensed professional) must be instituted.

• On March 10, 2003 the general permit will be required for construction activities greater than 1 acre.

C. RIVER BUFFERS

• A variance is required in the Land-Disturbing Activities Permit for projects within the:

V 25 foot buffer on State waters, and X 50 foot buffer on designated "trout streams."

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AUTHORIZED COPY D. WETLANDS, WATERS OF THE U.S., AND COASTAL AREAS

• If a project potentially has jurisdictional waters, the Savannah District Army Corps of Engineers (COE) must be contacted to determine if a 404 permit is required (see Section 3.2).

If the COE determines a 404 permit is required, then a Clean Water Act Section 401 water quality certification (WQC), administered by the Georgia Environmental Protection Division, Water Protection Branch, Nonpoint Source Program, is required.

• Shore Protection Act Permits may be issued for projects within the dynamic dune system on barrier islands and submerged shoreline lands, provided:

X There is no feasible alternatives; X The project is on the landward part of the site (landward of the dunes, if possible);

v One third of the site is left undisturbed; v The project minimizes impacts on the sand sharing system; and X Any structure meets hurricane-resistant standards.

• A Coastal Marshlands Protection Permit is required for projects in, on, or over marshlands within estuarine areas of the State.

v The application must show the project is not inconsistent with public interest and has no viable alternative.

• A revocable license is required for disturbances in tidal areas.

• An authorization must be obtained to construct, operate or maintain a structure in the:

v/ Chattooga River, or West Branch of the Chattooga River.

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AUTHORIZED COPY 3.5 NORTH CAROLINA A. SEDIMENT AND EROSION CONTROL

• The North Carolina Department of Environment and Natural Resources (DENR), Division of Land Resources, Land Quality Section issues a Letter of Approval for Sediment and Erosion Control Plans; this approval currently includes a notice of coverage under the NPDES Stormwater Discharge Permit for Construction Activities, where applicable.

• Land-disturbing activities within a riparian buffer (15A NCAC 2B.233), must be exempted under those rules or the DENR Division of Water Quality (DWQ), Wetlands/401 Unit issues an Authorization Certificate for "No Practical Alternatives" or variance associated with the riparian area buffer program.

• The DENR DWQ, Wetlands/401 Unit issues the 401 Water Quality Certification.

B. STORM WATER DISCHARGES

• NPDES Stormwater Discharge Permit for Construction Activities, administered by the DENR Division of Land Resources, Land Quality Section, may be required in areas draining to high quality waters, outstanding resource waters, or sensitive waters, above and beyond sediment and erosion control permits, to protect water quality.

• An activity involving five acres or more must have a NPDES Stormwater Discharge Permit for Construction Activities.

1 A notice of coverage under the NPDES Stormwater Discharge Permit for Construction Activities is included in the Sediment and Erosion Control Plan Letter of Approval from the Division of Land Resources, Land Quality Section, and no additional notification is needed to obtain coverage.

/ The NPDES Stormwater Discharge Permit for Construction Activities contains monitoring, recordkeeping, and maintenance requirements in excess of those for erosion control.

• On March 10, 2003 an NPDES Stormwater Discharge Permit for Construction Activities will be required for land disturbances of one acre or more.

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AUTHORIZED COPY C. RIPARIAN BUFFERS

• A formal request must be submitted to the DWQ, and approval obtained prior to initiating any disturbance of the riparian area buffer within the Neuse, Tar-Pamlico, and Mainstem Catawba River Basins and the Randleman Reservoir. This request is not required if:

/ The activity is exempt ; or I The project follows BMPs.

• If the State has not approved the plan within 60 days of submission, contact ESS before starting the project.

D. WETLANDS, WATERS OF THE U.S., AND COASTAL AREAS

• A Project located in a coastal county requires a permit from the Division of Coastal Management if it is:

V In, or affects, an area of environmental concern, as defined by the Coastal Area ManaQement Act 6113A-113, (i.e., waters of the state, on a marsh or wetland, or within 300 feet of the ocean beach), or I It is considered development and does not qualify for an exemption identified by the Act or by the Coastal Resources Comission.

• A 401 Water Quality Certification, administered by the DWQ, Wetlands/401 Unit, is required for any federally-permitted activity which impacts State waters.

I General WQCs authorize certain low-impact activities; these certifications require adherence to specific conditions.

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AUTHORIZED COPY 3.6 SOUTH CAROLINA A. SEDIMENT AND EROSION CONTROL M Land disturbing activities require a sediment and erosion control plan to be filed with the Bureau of Water.

I Projects that disturb two or more acres of land require approval prior to beginning the land disturbance.

I For projects less than two acres, no approval is required.

B. STORM WATER DISCHARGES

• a Notice of Intent (NOI) must be submitted (to the Bureau of Water Pollution Control) requesting coverage under a NPDES general permit for Storm water Discharges associated with construction Industrial Activities when land-disturbances are five acres or more.

• On March 10, 2003 an NPDES construction storm water permit will be required for land disturbances of one acre or more.

C. WETLANDS, WATERS, BUFFERS AND COASTAL AREAS

• Wetland permits, administered by either the South Carolina Department of Health and Environmental Control's (DHEC) Water Quality Division or Office of Coastal and Resource Management, depending on the location:

/ Area A, inland, requires a permit issued by the Division of Water Quality;

/ Area B ,the inland portion of coastal counties, require permits issued by the Division of Water Quality and it must be consistent with the South Carolina Coastal Zone Management Program; and I Area C, the coastal portion of coastal county, must obtain a permit from the Office of Ocean and Coastal Resources Management, or a certification that the activity to be authorized by the COE is consistent with the South Carolina Coastal Zone Management Program.

• The installation of piers or docks in Lake Robinson require a South Carolina navigable waters permit.

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AUTHORIZED COPY 4.0 TRAINING REQUIREMENTS 4.1 COMPANY ESS staff conduct informational seminars on sediment and erosion control and storm water throughout the year.

4.2 FEDERAL There are no wetlands training requirements in place by the COE, however a COE field representative must verify all wetland delineation lines.

4.3 FLORIDA There are no formal training requirements by the state.

4.4 GEORGIA

• Individuals performing BMP inspections must receive "Qualified personnel training" offered by the University of Georgia, and other organizations.

• Plans must be prepared by registered professionals (e.g., professional engineer, licensed architect).

4.5 NORTH CAROLINA There is no training required, but DENR offers various training sessions on erosion control, the Section 401 process in North Carolina, and buffer rules.

4.6 SOUTH CAROLINA N/A l EVC-SUBS-00022 I Rev. 2 (08/03) l Page 22 of 28l

AUTHORIZED COPY 5.0 RECORD KEEPING REQUIREMENTS 5.1 COMPANY Progress Energy requires all permit authorizations or approvals be kept on the job site. All permits, plans and records must be kept for 5 years from the end of the project.

5.2 FEDERAL A copy of the 404 Permit authorization should be located on the job site.

5.3 FLORIDA

• A copy of all permits are required to be on-site during construction.

• The permit may also require operation and maintenance inspections of the system to be conducted and submitted to the agency.

5.4 GEORGIA

U Alr r1KIM1AK RECORD KEPT ON-SITE OF BUSINESS Notice of Intent / 3 years Sediment and erosion control plan 3 years Land-Disturbing Activity Permit / 3 years Comprehensive Monitoring Plan / 3 years BMP Inspections log 1 3 years Monitoring data 1 3 years Notice of Termination 1 3 years General or Individual NPDES permit 3 years Shore Protection Act Permit 5 years Coastal Marshlands Protection Permit 5 years EVC-SUBS-00022 Rev. 2 (08/03) Page 23 of 28

AUTHORIZED COPY 5.5 NORTH CAROLINA RECORD KEPT ON-SITE Sediment and Erosion Control Plan Letter of Approval Sediment and Erosion Control Plan /

NPDES Stormwater Discharge Permit for /

Construction Activities Record of inspections and corrective actions /

401 Water Quality Certification vt CAMA permit 5.6 SOUTH CAROLINA RECORD KEPT ON-SITE RETAINED Certificate of sediment and erosion control cnDuring plan approval cntuto Sediment and erosion control plan During construction Stormwater Discharges Associated with During Industrial Activities construction Record of inspections and corrective actions 1 5 years Construction in Navigable Waters Permit State Storm Water Management and Sediment Reduction Act Permit Section 401 Water Quality Certification N/A Coastal Zone Consistency Certification Coastal Zone Critical Area permit 1 5 years 6.0 SELF-ASSESSMENTS FRM-SUBS-00063 Environmental Self-Assessment Program Other Items Compliance Checklist Form I EVC-SUBS-00022 I Rev. 2 (08/03) l Page 24 of 28 l

AUTHORIZED COPY

7.0 REFERENCES

7.1 COMPANY EVC-SUBS-00030 Environmental Organizations and Contacts List of Coastal Counties 7.2 FEDERAL Legislation: U.S. Code, Title 33, Chapter 26: Federal Water Pollution Control Act (The Clean Water Act)

U.S. Code, Title 33, Chapter 9: Protection of Navigable Waters and of Harbor and River Improvements Generally (The Rivers and Harbors Act)

Regulation: Code of Federal Regulations Title 33, Part 320: General Regulatorv Policies Code of Federal Regulations Title 33, Part 321: Permits for dams and dikes in navigable waters of the United States Code of Federal Regulations Title 33, Part 322: Permits for structures or work in or affecting navigable waters of the United States Code of Federal Regulations Title 33, Part 323: Permits for discharges of dredged or fill material into waters of the United States Code of Federal Regulations Title 33, Part 324: Permits for ocean dumping of dredged material Code of Federal Regulations Title 33, Part 325: Processing of Department of the Army permits Code of Federal Regulations Title 33, Part 326: Enforcement Code of Federal Regulations Title 33, Part 327: Public hearings Code of Federal Regulations Title 33, Part 328: Definition of waters of the United States Code of Federal Regulations Title 33, Part 329: Definition of navigable waters of the United States Code of Federal Regulations Title 33, Part 330: Nationwide permit program Code of Federal Regulations Title 40, Part 122: EPAAdministered Permit Programs: The National Pollutant Discharge Elimination SVstem Federal Register Vol. 67, No. 10, January 15, 2002, pp. 2020-2095: Issuance of Nationwide Permits; Notice Agency: United States Environmental Protection Agency, Office of Water United States Army Corps of Engineers I EVC-SUBS-00022 I Rev. 2 (08/03) l Page 25 of 28 l

AUTHORIZED COPY 7.3 FLORIDA Legislation: Florida Statute Title XVIII, Chapter 253: State Lands Florida Statute Title XVIII, Chapter 258: State Parks and Preserves Florida Statute Title XXVIII, Chapter 373: Water Resources Florida Statute Title XXIX. Chapter 403: Environmental Control Regulation: Florida Administrative Code Rule 40B-1: General and Procedural Rules Florida Administrative Code Rule 40B-4: Environmental Resource and Works of the District Permits Florida Administrative Code Rule 40B-400: Environmental Resource Permits Florida Administrative Code Rule 40C-1: Organization and Procedure Florida Administrative Code Rule 40C-4: Environmental Resource Permits:

Surface Water Management Systems Florida Administrative Code Rule 40C-8: Minimum Flows and Levels Florida Administrative Code Rule 40C-40: Standard General Environmental Resource Permits Florida Administrative Code Rule 40C-41: Surface Water Management Basin Criteria Florida Administrative Code Rule 40C-42: Environmental Resource Permits:

Regulation of Stormwater Management Systems Florida Administrative Code Rule 40D-1: Procedural Florida Administrative Code Rule 40D-4: Individual Environmental Resource Permits Florida Administrative Code Rule 40D-40: General Environmental Resource Permits Florida Administrative Code Rule 40E-1: General and Procedural Florida Administrative Code Rule 40E-4: Environmental Resource Permits Florida Administrative Code Rule 40E-40:General Environmental Resource Standard Permits Florida Administrative Code Rule 40E-41: Surface Water Management Basin and Related Criteria Florida Administrative Code Rule 62-4: Permits Florida Administrative Code Rule 62-25: Regulations of Stormwater Discharge Florida Administrative Code Rule 62-301: Surface Waters of the State Florida Administrative Code Rule 62-330: Environmental Resource Permitting Florida Administrative Code Rule 62-340: Delineation of the Landward Extent of Wetlands and Surface Waters Florida Administrative Code Rule 62-341: Noticed General Environmental Resource Permits Florida Administrative Code Rule 62-343: Environmental Resource Permit Procedures Florida Administrative Code Rule 62-621: Generic Permits I EVC-SUBS-00022 l Rev. 2 (08/03) l Page 26 of 28l

AUTHORIZED COPY Agency: Florida Department of Environmental Protection, Division of Water Resources Management Florida Department of Environmental Protection, Northwest Florida Water Management District Florida Department of Environmental Protection, South Florida Water Management District Florida Department of Environmental Protection, Southwest Florida Water Management District Florida Department of Environmental Protection, St. John's River Water Management District Florida Department of Environmental Protection, Suwannee River Water Management District 7.4 GEORGIA Legislation: Official Code of Georgia 12-2-8: Georgia Planning Act of 1989 Official Code of Georgia 12-5-20: Georgia Water Quality Control Act Official Code of Georgia 12-5-230: Shore Protection Act Official Code of Georgia 12-5-320: Georgia Coastal Management Act Official Code of Georgia 12-5-350: Georgia Scenic Rivers Act Official Code of Georgia 12-5-440: Metropolitan River Protection Act Official Code of Georgia 12-5-520: Georgia River Basin Management Planning Act Official Code of Georgia 12-7-1: Georgia Erosion and Sedimentation Act Regulation: Chapter 391-2-2: Shore Protection (unavailable online)

Chapter 391-3-6: Water Quality Control Chapter 391-3-7: Erosion and Sedimentation Act Chapter 391-3-16: Rules for Environmental Planning Criteria Agency: Georgia Department of Natural Resources, Environmental Protection Division Georgia Department of Natural Resources, Coastal Resources Division EVC-SUBS-00022 Rev. 2 (08/03) Page 27 of 28

AUTHORIZED COPY 7.5 NORTH CAROLINA Legislation: North Carolina General Statutes Chapter 113A, Article 4: The North Carolina Sedimentation Pollution Control Act of 1973 North Carolina General Statute Chapter 143, Article 21: Water and Air Resources Regulation: Title 15 North Carolina Administrative Code Chapter 4: Sedimentation Control Title 15A, North Carolina Administrative Code Chapter 2, Subchapter 2B:

Surface Water and Wetland Standards Title 15A, North Carolina Administrative Code Chapter 2, Subchapter 2H:

Procedures for Permits: Approvals Agency: North Carolina Department of Environment and Natural Resources, Division of Coastal Management North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section North Carolina Department of Environment and Natural Resources, Division of Water Quality 7.6 SOUTH CAROLINA Legislation: South Carolina Code of Laws Title 48, Chapter 1: Pollution Control Act South Carolina Code of Laws Title 48, Chapter 14: The Stormwater Management and Sediment Reduction Act South Carolina Code of Laws Title 49, Chapter 1: General Provisions Regulation: South Carolina Code Regulations 19-450: Permits for Construction in Navigable Waters: Section .0109 South Carolina Code Regulations 61-9: Water Pollution Control Permits South Carolina Code of Regulations 61-101: Water Quality Certification South Carolina Code Regulations 72-300: Standards for Stormwater Management and Sediment Reduction Agency: South Carolina Department of Health and Environmental Control, Water Quality Division, Bureau of Water South Carolina Department of Health and Environmental Control, Ocean and Coastal Resource Management Public Service Commission of South Carolina EVC-SUBS-00022 I Rev. 2 (08/03) Page 28 of 28

AUTHORIZED COPY Document title Transmission Line Right of Way Document number MNT-TRMX-001 76 Applies to: Transmission Department - Carolinas and Florida Keywords: maintenance; transmission line maintenance 1.0 Introduction CP&L and Florida Power utilize either an easement or company owned land for the right of way on which the transmission lines are constructed. The routine inspection and maintenance of the right of ways (ROW) are extremely important for the safety of the public and the personnel that are responsible for the operation/maintenance of the transmission lines. Maintaining right of ways in accordance with established procedures results in a high level of transmission line reliability.

2.0 Scope Includes the visual inspection of transmission line right of ways and the appropriate maintenance of those right of ways. Inspections (periodic aerial and as needed ground) are performed to monitor vegetation growth, right of way contractor maintenance effectiveness, and encroachments within the right of way. Maintenance activities may include any of the following: re-clearing vegetation (mowing, hand cutting, and herbicide application), tree trimming, danger tree cutting, and encroachment licensing/removal. This procedure shall be followed in accordance with the Transmission Maintenance Procedures Policy (MNT-TRMX-00000).

3.0 Equipment All 69kV through 500kV transmission line voltage classes and de-energized transmission lines used to maintain existing ROW easements.

4.0 Frequency Right of way maintenance frequency intervals are included in procedure MNT-TRMX-00051 (Transmission Line Equipment and Right of Way Maintenance Schedules).

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AUTHORIZED COPY 5.0 Description of Work 5.1 Right of way re-clearing (using rotary mowers) - All of the wooded sections of the right-of-way are to be recleared with rotary mowers, where possible, to the full width as noted in a detail description. All undergrowth is to be cut within six (6) inches of the ground. All vines on poles and brush around poles in fields are to be cut and removed out of cropped areas. Cut all leaning trees that have been pulled into the right-of-way by storms. All brush cut from stream banks or drainage ditches must be removed from streams and ditches so as not to impede the flow of water. When run ways are cut through existing canals, the canal must be restored to original condition allowing drainage to continue as it did before our operation. The vista screens and trimmed trees are not to be cut without specific instructions from Company representative.

5.2 Right of way reclearing (handcutting) - All of the wooded sections of the right-of way that cannot be recleared with rotary mowers are to be hand cut to the full width as noted in a detail description. All undergrowth is to be cut within six (6) inches of the ground or current water level. All vines on poles and brush around poles in fields are to be cut and removed out of cropped areas. Cut all leaning trees that have been pulled into the right-of-way by winter ice storms. All brush cut from stream banks or drainage ditches must be removed from streams and ditches so as not to impede the flow of water. The vista screens and trimmed trees are not to be cut without specific instructions from Company representative.

5.3 Right of way reclearing (herbicides) - herbicides are applied on a case by case basis to right of ways which cannot be effectively or efficiently mowed or handcut.

5.4 Tree trimming - All trees requiring trimming should be trimmed so as to obtain sufficient clearance to prevent a hazard to operations for the trimming cycle.

5.5 Danger tree cutting - On lines with the standard danger tree cutting clause, cut all trees whose height is equidistant to or greater than the distance from its base to a point on the ground underneath the nearest conductor. Danger trees covered by other than the standard clause should be felled on a cycle, and to a specification which will provide reasonable operating security for the conductors without exceeding or violating the right granted under the easement.

5.6 Aerial patrols will be conducted in accordance with all applicable CP&L Safety Rules, OSHA regulations, work practices, and Federal, State and local regulations &

ordinances. Patrols will be conducted with qualified CP&L/Florida Power personnel to look for and document conditions of the following: ROWNegetation clearances -

encroachments - line equipment - substation equipment.

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