ML20099H384

Forwards Permits Issued by Savannah District,Us Corps of Engineers for Aerial Crossings for Ebenezer Creek & Briar Creek,Per Chapter 12 of Environ Rept - OL Stage,Describing Environ Approvals & Consultations

ML20099H384
Person / Time
Site:	Vogtle
Issue date:	03/13/1985
From:	Foster D GEORGIA POWER CO.
To:	Adensam E Office of Nuclear Reactor Regulation
References
GNL-554, NUDOCS 8503150269
Download: ML20099H384 (22)

Text

Route 2 B 2 Waynesboro. Georgia 30830 Telephone 404 554 9961. Ext 3360 404 7218114, Est 3360 L

Georgia Power m,,,,,

Vice Premdent and Project the southern etctrc system General Manager Vogtte Pro;ect March 13,1985 Director of Nuclear Reactor Regulation File: X7T02.6 Attention: Ms. Elinor G. Adensam, Chief Log: GN-554 Licensing Branch #4 Division of Licensing U.S. Nuclear Regulatory Commission Washington, D.C. 20555 NRC DOCKET NUMBERS 50-424 AND 50-425 CONSTRUCTION PERMIT NUMBERS CPPR-108 AND CPPR-109 YOGTLE ELECTRIC GENERATING PLANT - UNITS 1 AND 2 CORPS OF ENGINEERS PERMITS

Dear Mr. Denton:

Chapter 12 of the Vogtle Electric Generating Plant (VEGP) Operating License Stage Environmental Report describes environmental approvals and consultations including permits for activities involving aerial crossings over navigable waters (Table 12.1-4).

Attached for your information are the permits issued by the Savannah District, U.S. Corps of Engineers for aerial i

crossings for Ebenezer Creek and Briar Creek.

These crossings are in association with the VEGP - Thalmann 500 kV line.

If you have any questions concerning the enclosed information please i

contact us.

Yours very truly, D. O. F ster D0F/DHW/sro Attachments cc:

M. A. Miller R. A. Thomas J. A. Bailey L. T. Gucwa G. F. Trowbridge, Esquire G. Bockhold, Jr.

J. E. Joiner L. Fowler C. A. Stangler dwnrc B503150269 850313 PDR g@\\

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e astru e a 500 kv transmission line over Briar Creek A permit to at riar Creek, downstream of Ga. S.R.1321 near Sylvania, Screven Co., Ga.

B has been issued to Ce rgia Power Company on Feb. 26, j g 85 P.

Box 4545, Atlanta, Georgia 30302 Address of Permittee Parmit Number o

074 Din 005713 District Commander For 11ANIEL W. CllP.ISTMAN Colonel ENG FORM 4338, Jul 81 (ER 1145 2 303) EDITION OF JUL TO MAY BE USED (Ivoponent: DAEN CWOJ l

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m 074 OYN 005713 AppIIcation No.

f Nameof Applicant Georgia Power Company tM % M Effective Dato Enpiration Date(Ifapplicable)

DEPARTMENT OFTHE ARMY PERMIT Referring to written request dated 6 September 1984 for a permit to:

( X) Perform work in or affecting navigable waters of the United States, upon the recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and liarbors Act of March 3,1899 (33 U.S.C. da?);

( y) Discharge dredged or fill materialinto waters of the United States upon the issuance of a permit irom the Secretary of the Army acting through the Chief of Engineers pursuant to Section 404 of the Clean Water Act (33 U.S.C.1344);

( ) Transport dredged materia!,for the purpose of dumping it into.occan yaters upon the issuanco of a permit from the Secretary of the Army acting through the Chief of Engineers pursuant to Sectios 303 of the Marine Protection, flesearch and Sanctuaries Act of 1972 (86 Star.1052; P.L 92-532);

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i P.O. Box 4545 Atlanta, Georgia 30302 is hereby authorized by the Secretary of the Army lIne over Briar Creek.

to construct a 500 kV transmission The transmission line will span the entiro width of the river and will have a minimum vertical cloaranco of 46.9 feet above tho approximate high water elevation of 54.0 feet.

The steel tower construction will utilize three 1,113 FO4 ACSR conductors per phase.

in Screven County, Georgia at Briar Creek approximately 1.2 miles downstream of Drannons Urldge (GA S.R.1321) near Sylvania in accordance with the plans and drawings attached hereto which are incorporated in and made a part of this permit (on draw-ings, give file number or other definite iden tifica tion mark s. l

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Location Map 2.

Plan and Profile 3.

Plan and Profile 4.

Plan and Proflie subject to the following conditions:

1. GeneralConditions:

a. That all activities identified and authorized herein shall be consistent with the terms and conditions of this permit; and that any activities not specifically ident'fied and authorized herein shall constitute a violation of the terms and conditions of this permit which may result in the modification, suspension or revocation of this permit,in whole or in part, as set forth more specifically in General Conditions j or k hereto, and in the institution of such legal proceedings as the United States Govern.

ment may consider appropriate, whether or not this permit has been previously modified, suspended or revoked in whole or in I part.

i ENG FORM 1721, Sep 82 EDm0N OF 1 JUL77 tSOBSOt.ETE tr.a nos, san 1

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b. That all activities subrized herein shall, if they involve, during their construction or operation, any discharge of

- pollutants into waters of the United States or ocean waters, be at all times,onsistent with applicable water quality standards, effluent limitations and standards of puformance, prohibitions, pretreatment standards and management practices establish-ed pursuant to the Close Water Act (33 fl.S.C.134), b Marine Protection, Research and Sanctuaries Act of 1972 (P.h p2 532, 86 Seas.1052). or pursuant to applicable State and locallaw.

c. That when the activity authorized husin icyolves a discharge during its construction or operation, or any pollutant lincluding dredged or Allmaterial),into waters of the United States,the authorized activity shall.if applicable water quality stan-dards are revised or modified during b term of this pumit, be modified,if necessary,to conform with such evised or modified water quality standards within 6 months of the effective date of any revisica or modification of water quality standards, or as directed by an implementation plan contained in such revised or modified standards, or within such longer puiod of time as the District Engineer,la consultation With the Regional Administrator of the Environmental Protection Agency,may determine to be ressonable undw the circumstance s.

d. That b discharge wia not destroy a threatened or endangered species as identified undu b Endangued Species Act, or endangw b critical habitat of such species.

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e. That the permittee agrees to make every reasonable effort to prosecute the construction or operation of the work authorized hwein in a manner eo as to minimize any adverse impact on fish, wildlife, and natural environmental values.

f. That b permittee agrees that he will prosecute the construction or work authorized herein in a manner so as to minimize any degradation of watu quality.

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g. That the permittee shall allow the District Enginew or his authorized representative (s) or designee (s) to make periodic in-l spections at any time d

.ed necessary in ordu to assure that the activity being performed undu authority of this permit is in accordance with th

and conditions prescribed herein,

h. That the pe..aittee shall maintain the structure or work subrized herein in good condition and in reasonable ac-l cordance with the plans and drawings attached hereto.

L That this permit does not convey any property rights, either in real estate or material, or any exclusive privileges; and that it does saot subrize any injury to property or invasion of rights or any infringement of Federal, State, or local laws or regulations.

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j. That this permit does not obviate b requirement to obtain state orlocal assent required by law for the activity subriz-ed huein.

k. That this permit may be either modified, suspended or revoked in whole or in part pursuant to the policies and pro-cedures of 33 CFR 325.7.

L That in issuing this permit, the Government has relied on b information and data which the permittee has provided in connection with his permit application. If, subsequent to the issuance of this permit, such information and data prove to be materially false, materially incomplete or inaccurate, this permit may be modified, suspended c revoked,in whole or in part, and/or the Government may,in addition institute appropriate legal proceedings.

m. That any modification, suspension.or revocation of this permit shall not be the basis for any claim for damages agaitost the United S'ates.

n. That the porrsittee shall notify the District Enginen at what time the activity authorized herein will be commenced, as farin advance of the time of commencement as the District Engineer may specify, and of any suspension of work,if for a period of more than one week,resumptlon of work snd its completion.

o. Thatif the activity authorized herain la notcompleted on or before day of

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,(three years bons Ae date of fusence of eAis permit plen otherwise speciSed) this permit,if not previously revoked or specifically extended,

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p. That this permit does not authorize or approve the construction of particular structures, the authorization or approval of I

which may require subrization.by the Congress or othu agencies of the Federal Government.

' q.,That if 'and when b permittee desires to abandon b activity authorized herein, unless such abandonment is part of a transfw proce lure by which the permittee is transferring his intereste hwein to a third party pursuant to General Condition t hereof, he must restore the area to a condition satisfactory to the District Engineer.

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r. That if b recording of this permit is possih's under applicable State or local law,the permittee shall take such action as may be necessary to record thle permit with the Register of Deeds or other appropriate official charged with the responsibility l

for maintaining socords of title to and laterests in real property.

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e. Th;t there skll be no c: reasonable Interfere 1ce with mvlg: tin by the ext:teacs er use cf thn tetivity cuthorized he, rein.

t. That this permit may not be transferred to a third party without prior written notice to the District Engineer, either by the transferee's written agreement to comply with all terms and conditions of this permit or by the transferree subscribing to this pennit in the space provided below and thereby agreeing to co:nply with all terms and conditions of this permit. In addi.

tion,if the permittee transfers the interests authorized herein by conveyance of realty, the deed shall reference this permit and the termi and conditione,specif,ied herein and this permit shall be recorded along with the deed with the Register of Deeds or other oppropriate official.

u. That if the permittee during prosecution of the work authorized herein, encounters a previously unidentified nr.

cheological or other cultural resource within the area subject to Department of the Army )crisdiction that might be eligible for lieting in the National Register of Historic Places,he shall1 omediately notify the district engineer.

li. Sim:!st Condit1onsi(Here list conditions relating specifically to the proposed structure or work authorized by this permith

a.. That. the. permitt.ee, shal l comply pronptly with any f uture regulations or Instructions affecting the work author ized herein If and when issued in accordance with the law by any Department of the Federal Government for the aid or protection of aerial navigation.

b.

That the permittee shall submit certified as-bui l t drawings to the District Engineer within' 60 days of' comp'letion. These certlfled drawings must be signod under the seal of a land surveyor or professional engineer registered in the State of Georgia. -

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That the minimum vertical clearanco under conditions which produce the greatest seg for this transmission line shall be no less than 46.9 feet above the high water at this location.

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The following Special Conditions Mill be rpplicable when cypropriate:

STRUCTURES IN OR AFFECTING MAVIGAttE WATERS OF THE UN8Tep JTATES:

a. That thle permit does not authorise the interference with any asisting or proposed Federal project and that the permittee shall not be entitled to compensation for damage or lajury.to the structures or work authorized herein which may be caused by or result from esisting or future operations undertaken by the United States la the public interest.

b. That no attempt shah be made by the permittee to prevent the fun and free use by the public of au navigable waters at or adjacent to the activity authorised by this permit.

c. That if the display of linghts and signals on any structure or work authorised herein is not otherwise provided for by law, such lights and signals as may be prescribed by the United States Coast Guard shall be installed and maintained by and at the i

expenseof theparmittee.

d. That the permittee, upon receipt of a notice of revocation of this permit or upon its expirction before completion of the authorized structure or work, eball, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the waterway to its former conditions. If the permittee falls to com-ply with the direction of the Secretary of the Army or his authorized representative, the Secretary or his designee may restore the wsterway to its former condition, by contract or otherwise, and recover the cost thereof from the permittee.

e. Structures for Small Boats: That permittee hereby recognizes the possibility that the structure permitted herein ma be I

subject to damage by wave wash from passing vessels.The issuance of this permit does not relieve the permittee from taking all proper steps to insure the integrity of the structure permitted herein and tha safety of boats moored thereto from damage by was e wash and the permittee shall not hold the United States liable for any such damage.

AAAINTENANCE DREDGING:

a. That when the work authorized herein includes periodic maintenance dradging,it may be performed under this permit for yours from the date of issuance of this permit (son years unless otheriaise indicated',

,b. That the permittee will af. vise the leistrict Engineer in writing at least two weeks before he intends to undertake any

. maintenance dredging.

DISCHARGES OF DREDGED Olt Pitt AAATERIAt INTO WATERS OF THE UNITED STATES:

a. That the discharge will be carried out in conformity with the goals and objectives of the EPA Guidelines established pur-suant to Section 404(b) of the Clean Water Act and published in 40 CFR 230;

b. That the discharge will consist of suitable material free from toxic pollutants in toxic amounts.

c. That the fill created by the discharge will be properly usintained to prevent crosion and other non point sources of pollu-tion.

Dl5POSAL OF DREDGED A4ATERIAL INTO OCEAN WATER $r.

a. That the disposal will be carried out in conformity with the goals, objectives, and requirements of the EPA criteria established pursuant to Section 102 of the Marine Protection. Research and San:tuaries Act of 1972, published in 40 CFR 220-228.

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b. That the permittee shall p!:h mpy cE t!.IUirmit in a cohepicuous place in the vessel to be used for the transportation and/or disposal of the dredged material as autnorized herein.-

This permit shall becomo offective on the data of the District Engineer's signature..,,.,

Permittmeggaccepggge to comply'with the terms and conditions of thi,s permit.,

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h RONAID C. KESTERPER7TTEE DATE Vice-President, Land BY AUTHORITY OF THE 5tCte rARY Or int ARA 4Y:

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For DANIEL E CHRISTMAN DATE DISTRICT ENGINEER, Colonel U.s. ARntv. CORPS OF ENGINEERS Transferee hereby agrees to comply with the terms and conditions of this permit.

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Extract of Section 10 of the River and Harbor Act of 1899.:

33 5 403 NAVICABLE WATERS Ch. 9 5 403. Obstruction of navigable waters generally; wharves; piers, etc.; excavations and filling in The creation of any obstruction not affirmatively authorized by Congress, to the navigable capacity of any of the waters of the United States is p roh i.b ite d ; and it shall not be lawful to build or commence the building of any wharf, pier, dolphin, boom, weir', breakwater, bulkhead, jetty, or other structures in any port, roadstead, haven, harbor, canal, navigable river, or other water of the. United States, outside establisAed harbor lines, or where no harbor lines have been established, except on Plans recommended by the Chief of Engineers and authorized by the Secretary of.the Army; and it shall not be lawful to excavate or fill, or in any manner to alter or msdify the course, location, condition, or capacity of, any port, roadstead, haven,,

harbor, canal, lake, harbor of refuge, or inclosure within the limits of an y-breakwater, or of the channel of any navigable water of the United States, unless the work has been recommended by the Chief of Engineers and authorized by the Secretary of the Army, prior to beginning the same. Har. 3, 1899, c. 425, S 10, 30 Stat'. 1151.

Extract of Section 12 of the River and Harbor Act of 1899:

i 406.

Penalty for wrongful construction of bridges, piers, etc.; removal of structures Every person and every corporation that shall violate any of the provisions of sections 401, 403, and 404 of this title or any rule or regulation made by the Secretary of the' Army in pursuance of the provisions of section 404 of this title shall be deemed guilty of a misdemeanor, and on conviction thereof shal,1 be p,unished by a fine not exceeding $2,500 nor less than $500, or by imprisonment (in the" case of a natural' person) not exceeding one year, or by both such punishments, ~

in the discretion of the court. And further, the removal of any structures or parts of structures erected in violation of the provisions of-the said sections may be enforced by the injunction of any district court exercising jurisdiction in any district in which such structures may exist, and proper proceedings to this end may be instituted under the direction of the Attorney General of the United States.

Mar.

3,1899, c. 425, i 12, 30 Stat. 1151; Feb. 20, 1900, c. 23, 5 2, 31 Stat. 32; Har 3, 1911, c. 231, S 291, 36 Stat. 1167.

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Extract of Section 13 of the River and liarbor Act of 1899':

i 407.

Deposit of refuse in navigable waters generally It shall not be lawful to throw, d ischarge, or deposit, or cause, suffer, or procure to be thrown, discharged, or deposited either from or out of any ship, barge, or other floating craft of any kind, or from the shore, wharf, manufacturing establishment, or mill of any kind, any refuse matter of any kind or description whatever other than that flowing from streets and sewers and passing ' therefrom in a liquid sta.te, into any navigable water of the United States, or into any tributary of cny navigable water from which the same shall float or be washed into such navigabic water; and it shall not be lawful to deposit, or cause, suffer, or procure to be deposited material of any kind in any place on the bank of any navigable water, or on the bank of any tributary of any navigabic water, where the same shall be liable to be washed into such navigable water, either by ordinary or high tides, or by storms or floods, or otherwise, whereby navigation shall or may be impeded or obstructed:-

Provided, That nothing herein contained shall extend to, apply to,'or prohibit the operations in connection with the improvement of navigable waters or construction of Public works, considered necessary and proper by the United States officers supervising such improvement or public work:

And provided fu r t h e r, That the Secretary of the Army, whenever in the judgment of the Chief of Engineers anchorage and navigation will not be injured thereby, may permit the deposit of any material cbove mentioned in navigable waters, within limits to be defined and under conditions to be prescribed by him, provided application is made to him prior to depositing such material; and whenever any permit is so granted the conditions thereof shall be strictly complied with, and any violation thereof shall be unlawful. Mar. 3,1899, c.

425, i 13, 30 Stat. 1152.

- Extract of Section 16 of the River and Harbor Act of 1899:

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Penalty for wrongful deposit of refuse; use of or injury t o t.h a r b o r improvements, and obstruction of navigable waters generally Every person and every corporation that shall violate, or that shall knowingly aid, abet, authorize, or instigate a violation of the provisions of sections 407, 408, and j

409 of this title shall be guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not exceeding $2,500 nor less than $500, or by imprisonment (in the case of a natural person) for not less than thirty days nor more than one year, or by both such fine and imprisonment, in the discretion of the court, one-half of said fine to be paid to the person or persons giving information which shall lead to cenviction.

Mar. 3, 1899, c. 425, 5 16, 30 Stat. 1153.

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' ',* i Extract of Section 15 of the Rive:r ami llarbor Act of IW):

EXCERPT' FROM TITLE 33 USC 5 409. Obstruction of navigable waters by vessels; floating timber; marking and removal of sunken vessels It shall not be lawful to tie up or anchor vessels or other craft in navigabic channels in such a manner as to prevent or obstruct the passage of other vessels or craft; or to voluntarily or carelessly sink, or permit or cause to be sunk, vessels or other craf t in navigable channels; or to float loose timber and logs, or to float what is known as "sacksrafts of timber and logs" in streams or channels actually navigathd by steamboats in such manner as to obstruct, impede, or endanger navigation. And whenever a vessel, raft, or other craft is wrecked and sunk in a navigable enannel, accidentally or otherwise, it shall be the duty of the owne* of such sunken craft to immediately mark it with a buoy or beacon during the day and a

lighted lantern at night, and to maintain such marks until the. sunken craft i~s removed or abandoned, and the neglect or failure of said owner so to do shall be.

unlawful; and it shall be the duty of the owner of such sunken craft to commen'ce the icmtediate removal of the same, and prosecute such removal diligently, and failure to do so shall be considered as an abandonment of such craft, and subject the same to removal by the United States as provided for in sections 411-416, 418 and 502 of this title.

(3 Mar 1899, c. 425, Par 15, 30 Stat. 1152)

Extract of Section 16 of the River and Harbor Act of 1899:

Ch. 9 PROTECTION OF WATERS 5 412.

Liability of masters, pilots, and so forth, and of vessels engaged in violations t.

Any and every master pilot, and e,ngineer, or person or persons acting in such.

, capacity, respectively,.on board of any boat or vessel who shall knowingly engage in

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towing any scow, boat, or vessel loaded with any material specified in section 407 of this title to any point or place of deposit or discharge in any harbor or navigable water, elsewhere than within the limits defined and permitted by the Secretary of the Army, or who shall willfully injure or destroy any work of the United States contemplated in section 408 of this title, or who shall willfully obstruct the channel of any waterway in the manner contemplated in section 409 of this title, shall be deemed guilty of a violation of sections 401, 403, 404, 406, 407, 408, 409, 411-416, 418, 502, 549, 686, and 687 o f this title, and shall upon convict. ion be punished as provided in section 411 of this title, and shall also have his license revoked or suspended for a term to be fixed by the judge before whom tried and i

ccavicted. And any boat, vessel, scow, raft, or other craft used or employed in violating any of the provisions of sections 407, 408, and 409 of this title shall be Liebte for the pecuniary penalties specified in section 411 of this title, and in cddition thereto for the amount of the damages done by said boat, vessel, scow, raft, or other craft which latter sum shall be placed to the credit of the appropriation for the improvement of the harbor or waterway in which the damage occurred, and said boot, vessel, scow, raft, or other craft may be proceeded against summarily by way of Libel in any d,is trict court cf the United States having jurisdiction the r eo f.

Mar, 3, 1899, c. 425, Par 16, 30 Stat. 1153.

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has been issued to Georgia Power Company on 28 Feb 19 85 Address of Permittee P.O. Box 4545 Atlanta, GA 30302 Parmit Number j

074 OYN'005712 District Commander for Daniel W. Christman Colonel, Cor,ps of Engineers ENG FORM 4336, Jul 81 (ER 1145 2 303) EDITION OF JUL 70 M AY BE USEd (Proponent: DAEN CWO)

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Application No.

074 OYN 005712 Name of Applicant Georala Power Company 2 8 FEB 1985 Errecues o.ie Espiration Date (ifepplicable)

DEPARTMENT OF THE ARMY PERMIT Referring to written request dated 6 September 1984 for a permit to:

(X) Perform work in or affecting navigable waters of the United States upon the recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and if arbors Act of March 3,1899 (33 U.S.C. 403);

( ) Discharge dredged or fill materialinto waters of the United States upon the issuance of a pcimit from the Secretary of the Army acting through the Chief of Engineers,pursuantto,Section 404 of the Clean Water Act(33 U.S.C.1344);

( ) Transport dredged material for the purpose of dumping it into ocean waters upon the issuance of a permit from the Secretary of the Army acting through the Chief of Engineers pursuant to Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (86 Stat.1052;P.L. 92.-532);

Georgia Power Company

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i Post Of fIce Box 4545 Atlanta, Georgia Ishereby authorizedb theSecretaryission U: e over Ebenezer Creek.

f the Ar to construct a 5do kV transm n

The steel tower construction would utilize three 1113 MCM ACSR conductors per phese. Three steel towers 195 feet tall will be used which provide 165 foot clearances to the conductor attachment. These towers (Numbers 277-279) will he sited,on, the bluf f.on the, southern edge ot, ;ihe qwamp,, qi,the northern edge of the large cypress and tupelo gu:n stands (Statlo. 124.00), ano in the cleared area north of the Old Augusta Road (Station 135.00).

A 175 foot tower providing 140 foot clearances to the conductor attachment will be sited in the clearc1 area on the north side of the National Natural Landmark.

The use of the towers will result in conductor clearances suf ficlonfly high that no irim.ning or g, cutting of trees will be performed except for the area for the tower at Station 124.00.

Ebenzer Creek "I

a location approximately 0.6 mile. upstream from where :the crook Intersects the Savannah River In Ef fingham County near Rincon, Georgla.

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In accordance with the plans and drawings attached hereto which are incorporated in and made a part of this permit (on draw-ings, give file number or other definite iden tification marks.)

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1 Location Map 2.

Proposed Overhead Wire Crossing - 1 of 3 3.

Proposed Overhead Wire Crossing - 2 of 3 4

Proposed Overhead Wire Crossing - 3 of 3 subject to the following conditions:

1. GeneralConditions:

a. That all activities identified and authorized herein.= hall be consistent with the terms and conditions of this permit; and that any activities not specifically identified and authori.ed herein shall constitute a violation of the terms and conditions of this permit which may result in the modification, suspension or revocation of this permit. in whole or in part, as set forth more specifically in General Conditions j or k hereto, and in the institution of such legal proceedings as the United States Govern.

ment may consider appropriate, whether or not this permit has been previously modified, suspended or revoked in whole or in part.

ENG FORM 1721, Sep 82 toirion oriJut 77is ossott1E

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' b. That all activities authorized hwein shall, if they involve, during bir constr.iction or operation, any discharge of pollutants into waters of the United States or ocean waters, be at all times consistent with applicable water quality standards, effluent limitations and standards of posformance, prohibitions, pretreatment standards and management practices establish-ed pursuant to the Clean Water Act (33 U.S.C.13H), the Marine Protection, Research and Sanctuaries Act of 1972 (P.L.92-532, s

ag Stat.1052), or pursuant to applicable State and local law.

c. That when the activity authorized herein involves a discharge during its construction or operation, or any pollutant 4

lincluding dredred ortill meterial),into waters of the United States, the authorized activity shall,if applicable water quality stan-dards are revised or modified during b term of this permit,be modified,if necessary, to conform with such revised or modified water quality standards within 6 months of the effective date of any revision or modification of water quality standards, or as directed by an implementation plan contained in such revised or modified standards, or within such longer period of time as the District Engineer,in consultation with the Regional Adminletrator of the Environmental Protection Agency,may determine to be reasonable under b circumstances.

'd. That the discharge will not destroy a threatened or endangwed species as identified under the Endangered Species Act.

or endanger the critical habitat of such species.

4

e. That the permittee agrees to make every reasonable effort to prosecute the construction or operation of the work 4

authorized herein in a mannw so as to minimize any adverse impact on fish, wildlife, and natural environmental values.

L That the permittee agrees that he will prosecute the construction or work authorized herein in a manner so as to minimize any degradation of wate quality, t

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g. That the permittee shall allow the District Engineer or his authorized representative (s) or designee (s) to make periodic in-1 spections at any time deemed necessary in order to assure that the activity being performed under authority of this permit is in j

accordance with the terms and conditione prescribed herein.

h. That the permittee shall maintain b structure or work subrized herein in good condition and in reasonable ac-j.

cordance with the plans and diewings attached hereto.

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L That this permit does not convey any property rights, either in real estate or material, or any exclusive privileges; and tha;it does not subrize any injury to property or invasion of rights or any infringement of Federal, State, or local laws or regulations.

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J. That this permit does not obviate the requirement to obtain state or local assent required by law Ior the setivity authoriz.

ed herein.

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k. That this permit may be either modified, suspended or revoked in whole or in part pursuant to the policies and pro-i cedures of 33 CFR 325.7.

L That in issuing this permit, the Government has relied on the information sad data which the parmittee has provided in connection with his permit application. If, subsequent to the issuance of this permit, such information and data prove to be materially false, materially incomplete or inaccurate, this permit may be modified, suspended or revoked, in whole or in part, i

and/or the Government may, in addition, institute appropriate legal proceedings.

m. That any modification, suspension, or revocation of this permit shall not be the basis for any claim for damages against l

the United States.

n. That the permittee dal!1.otify the District Engineer at what time the activity authorized herein will be commenced, as far in advance of the time of commencement as the District Engineer may specify, and of any suspension of work,1f for a period l

of more bn one week, resumption of work and its completion.

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o. That if b activity authorized huelo la not completed on or before day of 19

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[om'the daar oflessance of #Ais permit anless otherwise specs /Esd) thle permit, if not previously revoked or specifically extendt J.

shall autom. atical.ly expire s.

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p. That this pumit does not authorize or approve the construction of particular structares, the authorization or approval of l

which may require authorization.by the Congress or obr agencies of the Fedual Government.

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q. That if and when the permittee desires to abandon the activity authorized herein, unless such abandonment is part of a j

transfer procedure by which the pwmittee le transfuring his interests herein to a third party pursuant to General Condition t

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hereof, he must restore b area to a condition satisfactory to the District Engineer,

r. Thatif the recording of this permitis possible undw applicable State or locallaw,the permittee shell Iake suc'h setion as may be necessary to record this permit with the Register of Deeds or othu appropriate official charged with the responsibility for malateining records of title to and Intereste in real property.

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e. That thir) shyll be no unreason 1ble ilterference with navigation by th3 su e.ica er use cf tha activity cithorized herein.

t. That this permit may not be transferred to a third party without prior written notice to the District Engineer, either by the transferee's written agreement to comply with all terms and conditions of this permit or by the transferree subscribing to this permit in the space provided below and thereby agreeing to comply with all terms and conditions of this permit. In addi-tion,if the permittee transfers the laterests authorized herein by conveyance of realty, the deed shall reference this permit and the terms and conditione specified herein and this permit shall be recorded along with the deed with the Register of Deeds or other appropriate offie!al.

u. That if the permittee during prosecution of the work authorized herein, encounters a previously unidentified ar-choological or other cultural resource within the area subject to Department of the Army jurisdiction that might be eligible for listing in the National Register of Historic Places, he shallimmediately notify the district engineer.

11. Special Condit$ns: lHere list conditions relating specifically to the proposed structure or work authorized by this permiti:

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. That construction of the transmission towers within 1ho Ebenezer Crook National Natural a.

Landmark area be accomplished by the use of helicopter and mnual pathods whero pracilcable to minimize the area of vegetion clearing.

b.

That clearing for the construction of the tower base at Station 124.00 will be limited to an aroa not to exceed the dimensions of 100 feet X 100 foot.

c.

Th at an access corridor to the tower construction site be selectively cleared not to exceed 20 feet in width along the right-of-way from the 01 d Augusta Road, in clearing this corridor, woody vegetation larger than four inches in diamotor at breast height should be lef t standing where pr aticabl e.

This clearing restriction also appiles to clearing on the Old Augusta Road within the boundarles of the National Natural Landmark.

d.

That any wooden roadways or platforms constructed for tower construction within the National Natural Landmark be removed once ~ construct ion is completed.

No ' oar 1 hen roadway or platform fIlis are authorized.

J That box-type or other'large culverts for crossing any pormanont water clough or defined e.

channel during construction of the access road in the adjacent forestod wetlands be usod oniv If and [ where feces sar'y'.'

~Thests ' structures' will be removed to a high ground location onco construction is completed.

f. n That the permittee. shalI comply.promptly wi1h.any.- f uturo regulations.or instructions af fecting the work authorized herein, if and when issued in accordance with the law by any Department of the Federal Government for the aid or protection of aerial navigation.

g.

That the permittne shall submit certified as-built drawings to the District Engineer within 60 days of completion. These certlfled drawings must be signed under tho seal of a land survoyor or professional engineer registered in the State of Georgia.

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The following Special Conditione Nill be applicable n hen cppropriate:

STRUCTURES IN OR AFFECTING NAVIGABLE WATERS OF THE UWTED STATES

a. That this permit does not authorise the inter"arence with any existing or proposed Federal project and that the permittee shall not be entitled to compensation for de. mage or lajury 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 laterest.

b. That no attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adfacent to the activity authorized by thle permit.

c. That if the display of lights and signals on any structure or work authorized herein is not otherwise provided for by law, such lights and signals as may be prescribed by the United States Coast Guard shall be installed and maintained by and at the empenseof thepermittee.

d. That the permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the authorized structure or work, shall, without expense to the United Stctes and in such time and manner as the Secretary of the Army or his authorized representative may direct.sestore the waterway to its former conditions. lf the permittee fails to com.

ply with the direction of the Secretary of the Army or his authorized representative,the Secretary or his designee may restore the waterway to its former condition, by contract or otherwise, and recover the cost thereof from the permittee.

e. Structures for Small Boats: That permittee hereby recognizes the possibility that the structure permitted herein may be subject to damage by wave wash from passing vessels.The issuance of this permit does not relieve the permittee from taking all proper steps to insure the integrity of the structure permitted herein and the safety of boats moored thereto from damage by wave wash and the permittee shall not hold the United States liable for any such damage.

MAINTENANCE DREDGING:

i sa That when the work authorizsd herein includes periodic maintenance dredging,it may be performed under this permit for yearn from the dato ofissuance of this permit (ren years unless otherwiseindicared);-

b. That the permittee will advise the District Engineer in writing at least two weeks before he intends to undertake any maintenance dredging.

DISCitARGES OF DRIDGED OR FILL MATI2fAL INTO WATERS OF THE UNITED STATES:

s. That the discharge will be carried out in conformity with the goals and objectives of the EPA Guidelines established pur-suant to Section 404(b) of the Clean Water Act and published in 40 CFR 230;

,, b. That the discharge will consist of suitable material free from toxic pollutants in toxic amounts.

c. That the fill created by the discharge will be properly maintained to prevent erosion and other non gsoint sources of pollu-tlou.

OtSNSAL OF' DREDGED MANR1h'L $1T0 OCEAN W'ATERS:

a. That the disposal will be carried out in conformity with the goals, objectives, and requirements of the EPA criteria estab,lished pursuant to Section 102 of the Masine Protection Research and Sanctuaries Act of 1972, published in 40 CFR 220-228.

b. That the permittee shall place a copy of this permit in a conspicuous place in the versel to be used for t!udransportation and/or disposalof the dredged material as authorized herein.

This permit shall bec. o.cae o. f fective.on the date of the District Engineer's signature.

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Permi tfdEe'rebraccepts and agrees to comply with the terms and conditions of this permit.

GEO GIA PpWER COMPAyY i

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6K-RONALD C. KESTER DATE Vice President - Land BY AUTHORITY OF THE SECRETARY OF THE ARMY:

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For: killL W. CHRISTMAN

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DATE Ot[T'Ib GlNEER, U.S. ARMY, CORPS OF ENGli!EERS Transferee hereby agrees to comply with the terms and conditions of this permit.

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