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HomeMy WebLinkAbout83-03 Eastern N.C. Natural Gas Permit Class Permit Number NEW 83-03 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission PP r for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Eastern N.C.Natural Gas,PO Box 1551 -PEB 18,410 S. Wilmington St., Raleigh,NC 27602-1551 Authorizing development in Multiple County at Multiple waterbody crossing in 6 eastern N.C. counties , as requested in the permittee's application dated 2/21/03, including workplan drawings as contained in the March 2003 permit application document package. This permit, issued on June 18, 2003 , is subject to compliance with the application(where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. 1) This permit authorizes the Eastern N.C. Natural Gas Pipeline (Phase IVA) project, located in Pender and New Hanover Counties, all as depicted in the March 2003 permit application document package. All work must be carried out in accordance with the workplan drawings contained in the application package unless specifically altered herein. Easement Required 2) Prior to construction of waterbody crossings authorized under this permit, the permittee must apply for and receive an Easement from the Department of Administration's State Property Office. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the other qualified persons within twenty (20) days of:he issuing Chairman of the Coastal Resources Commission. date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit must be accessible on-site to Department 1 personnel when the project is inspected for compliance. Any maintenance work or project modification not covered Donna6WMoffitt, Director Division of Coastal Management hereunder requires further Division approval. g All work must cease when the permit expires on This pen-nit and its conditions are hereby accepted. Lthat ember 31, 2006 suing this pennit, the State of North Carolina agrees ur project is consistent with the North Carolina Coastal ement Program. Signature of Permittee Eastern N.C. Natural Gas Permit#83-03 Page 2 of 3 ADDITIONAL CONDITIONS Pipeline Construction 3) No excavated or fill material will be placed at any time in any vegetated wetlands or surrounding waters outside of the alignment of the fill area indicated on the workplan drawing(s). 4) Any fill material will be clean and free of any pollutants except in trace quantities. 5) This permit authorizes only the use of horizontal directional boring construction methodologies at all wetland areas where impacts will exceed one acre and at all perennial stream and river crossings that are greater than 20 feet wide or that are within any area designated as an Area of Environmental Concern (AEC). Any alteration from the authorized horizontal directional boring method will require a modification of this permit. Directional boring may also be utilized for non-AEC steam crossings less than 20 feet wide or wetlands where wetland impacts do not exceed one acre. 6) For non-coastal wetland crossings which will impact less than one acre of any wetland habitat, or those non-AEC stream crossings less than 20 feet wide, trenching of the pipeline is also authorized, so long as the following mitigative measures are implemented: a) Silt curtains and other best management practices must be aggressively implemented to ensure that down stream sedimentation and turbidity does not represent a significant threat to aquatic resources. b) No excavation or filling will be permitted between February 15 and June 30 of any year without the prior approval of the Division of Coastal Management, in consultation with the N.C. Wildlife Resources Commission. c) All trenching and backfilling activities are carried out during periods of low or negligible flow conditions. 7) Any spoils permanently removed from the project location must be disposed of in a highground disposal area. The disposal areas must be stabilized in such a manner as to prevent spillover of solids into any marsh or surrounding waters. Sedimentation and Erosion Control NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must be filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this plan to the Department of Environment and Natural Resources, Land Quality Section, 127 Cardinal Drive Extension, Wilmington,NC 28405. 8) In order to protect water quality, runoff from construction must not visibly increase the amount of suspended sediments in adjacent waters. 9) Appropriate sedimentation and erosion control devices, measures or structures must be implemented to ensure that eroded materials or drilling fluid do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, sand fence, etc.). Eastern N.C. Natural Gas Permit#83-03 Page 3 of 3 ADDITIONAL CONDITIONS Archaeological Resource Protection 10) The archaeological resources "Accidental Discovery Plan" detailed in Section 8 of the January 2003 permit application package shall be implemented in its entirety. Stormwater Management 11) Prior to the initiation of construction of any activities authorized by this permit, the permittee shall obtain stormwater management plan approval from the Division of Water Quality, and a copy of this approval submitted to the Division of Coastal Management. General 12) No work shall take place on any property until such time as the permittee has obtained proper legal authority (i.e. deeds, easements, right of way encroachment agreements, etc.) for said property. 13) Any alteration of or addition to the approved pipeline route that involves any Area of Environmental Concern will require additional authorization from the Division of Coastal Management. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required, including Individual permit authorization from the U.S. Army Corps of Engineers. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 395-3900 prior to 'the commencement of any such activity for this determination. NOTE: The permittee is encouraged to contact the public Health Pest Management Section at (252) 726- 8970 to discuss mosquito control measures. NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water Quality Certification No. 3274 (DWQ Project No. 030402), which was issued on 5/21/03. 1 AN! `�� NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary June 19, 2003 Eastern N.C.Natural Gas P.O. Box 1551 -PEB 18 410 S. Wilmington Street Raleigh,NC 27602-1551 Dear Sir or Madam: The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original(buff-colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions,you may request a hearing-pursuant to NCGS 113A-121.1 or 113- 229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance require additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit,you will be helping to protect our vitally important coastal resources. Sincerely, 0044, Douglas V.Huggett Major Permits and Consistency Manager Enclosure 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-22931 FAX: 919-733-14951 Internet: http://dcm2.enr.state.nc.us An Equal opportunity 1 Affirmative Action Employer-50%Recycled 110%Post Consumer Paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Progress Energy(John Monohan)and APEC (John Whalen),Phase IVA 2. LOCATION OF PROJECT SITE: Photo Index-2000: N/A 1995: N/A 1989: N/A (See photos in notebook) State Plane Coordinates-X: 2333478.775 Y: 233215.053 GPS File:Q050821B 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit-02/26/03 Was Applicant Present-No 5. PROCESSING PROCEDURE: Application Received-04/24/03 Office-Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan—Pender, and New Hanover Land Classification From LUP - Conservation (B) AEC(s)Involved: CS,EW,PT (C) Water Dependent: Yes (D) Intended Use: Commercial (E) Wastewater Treatment: Existing—N/A Planned -N/A (F) Type of Structures: Existing—Power lines Planned - 12-inch natural gas pipeline with a fiber optic line in the same trench (G) Estimated Annual Rate of Erosion: N/A Source-N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A)Vegetated Wetlands Temporary impacts of 7.3 ac of 404 type 404 designated wetlands and Horizontal directional drilling of 1.6 ac (B)Non-Vegetated Wetlands Temporary impacts of 2 perennial Open Water streams by open cut construction(383.7 sq ft)and 3 perennial streams horizontally directionally drilled (20863.3 sq ft (C) Other(Highground) 1,248,989 sq ft (D) Total Area Disturbed: 1,657,920 sq. ft. (E) Primary Nursery Area:No (F) Water Classification: See attachment 1 Open: Yes 8. PROJECT SUMMARY: The applicant proposes to install 15.7 mi of natural gas and fiber optic line primarily within existing power line easements and NC Department of Transportation right-of ways. Eastern NC Natural gas and APEC Fiber Optic Page Two 9. Eastern North Carolina Natural Gas Pender, and New Hanover Counties Project Setting The development of a natural gas pipeline and fiber optic line is proposed for eastern North Carolina in Pender and New Hanover Counties as part (Phase IVA) of a larger project designed to provide natural gas and fiber optic service to eastern North Carolina. The gas pipeline and the fiber optic conduit are proposed in the same alignment and installation will occur simultaneously. The pipeline route is proposed inside the existing power line easements and highway right of ways. Maintained or previously disturbed lands(powerline easements and road right-of-ways)will be the majority of the impacted area for this proposed project. The project area is entirely situated within the Cape Fear River Basin. The pipeline will cross five surface waters: two unnamed tributaries to Turkey Creek, located in Pender County, two sections of the Northeast Cape Fear River located on the Pender/New Hanover County line and Fishing Creek(see chart in application package). All wetland crossings are of the Section 404 Type and are under the jurisdiction of the Army Corps of Engineers and the Division of Water Quality. The starting point of the proposed Phase IVA project begins in an existing Progress Energy powerline easement located on SR 1517 east of Rocky Point Elementary School,just south of the intersection of NC 210 and Interstate 40. The proposed pipeline runs south for 2.8 miles and then turns southwest and crosses US 117 while remaining within the powerline easement. The proposed pipeline would head in a southwest direction for 7.7 miles and crosses the Northeast Cape Fear River in two locations. The proposed gas pipeline would then turn southeast and follow the US Highway 421 right-of-way for 4.4 miles. The proposed gas pipeline would then re-enter another Progress Energy powerline easement near the Sutton Power Plant and continues within this easement for 0.8 miles until it would terminate at the power plant. Project Description The project is funded by the State of North Carolina through the Clean Water and Natural Gas Critical Needs Act of 1998. Eastern North Carolina Natural Gas(ENCNG)has been granted an exclusive franchise to provide natural gas service to eastern North Carolina. The fiber optic line would provide telecommunications and network services along the proposed route.Phase IVA consist of 15.7 miles of transmission line. The EasternNC Phase 4A and APEC fiber optic project is located in the Coastal Plain physiographic province of North Carolina and within the Cape Fear River Basin. Specifically, the project crosses a total of 5 waterbodies. Most of the installation is proposed in the maintained Progress Energy power line easement. The installation is proposed along the edge of the maintained power line corridor,or along dirt access roads inside existing easements. In areas where the pipeline would be installed in the NCDOT right of way, the alignment would be five feet inside the right of way boundaries. EasternNC has the flexibility to move around the NCDOT rights-of-way and,to a lesser extent,in the Progress Energy easements if it will allow complete avoidance of jurisdictional wetlands and/or surface waters. The construction easement is 20 feet wide along the proposed route. The applicant proposes to Hydraulic Directional Drill (HDD) all wetland,river and stream crossings for all streams wider than 20 feet. Some perennial streams less than 20 feet wide will be crossed using open cut trench techniques if field conditions permit. These perennial streams that will be open-cut are canals or ditched streams that appear to be maintained regularly. HDD will be used if there is flowing water in these intermittent streams and open- cut techniques will be used if the intermittent channels are dry. However all streams under jurisdiction of the Division of Coastal Management will be crossed using HDD. The pipeline will be a minimum of 15'below the stream or river channel. ti Eastern NC Natural gas and APEC Fiber Optic Page Three The pipeline will be trenched in upland areas with a minimum of 3' of soil coverage. Soil will be stored in upland areas. As the pipe is lowered in place the trench will be backfilled to pre-construction contours and elevations. The trench will be covered daily. A permanent ground cover will be applied weekly. All staging areas are proposed to be located in upland areas requiring minimal disturbance.The Sedimentation and Erosion Control Plan is included in Attachment E. The applicant also proposes to construct appurtenant facilities such as,valve,metering and regulation stations. Typically these stations will be constructed in 50'by 150' or smaller workspaces with permanent sites being 50'by 30' or smaller. A number of these sites along Phase 4A and the APEC fiber optic route are being investigated. EastemNC will locate these sites in upland areas and no wetland impacts are anticipated. The distribution lines will consist of 2, 4 and 6-inch plastic pipe constructed primarily to serve existing residential, commercial and industrial customers. Where possible, the distribution lines will be constructed along existing streets and roads within existing areas of development. Should situations arise where the distribution lines cannot be located to avoid environmentally sensitive areas,construction techniques such as HDD will be implemented where feasible to avoid impacts. Anticipated Impacts Installation of the main transmission line(15.7 miles)would result in the temporary impacts/disturbance of: Highground 1248989 sq ft 404 type wetlands 317988 sq ft(open trenching) 69696 sq ft horizontal directionally drilling Open Water impacts 383.7 sq ft(potential open channel cuts) 20863 sq ft horizontal directionally drilling TOTAL IMPACTS 1657920 sq ft All entrance and exit points for the HDD and the resultant spoil material will be located outside designated AECs.Because the project is proposed within maintained CP&L power line right of ways,impacts would be minimal. The use of HDD would allow Eastern North Carolina Natural Gas to completely avoid direct impacts to AECs. Silt fences are proposed around the entry and exit points for the HDD to contain spoil material.All disturbed high ground areas will be graded and seeded weekly to minimize potential erosion. Short-term impacts to"waters"would include minor turbidity. The turbidity would be minimized through the use of silt fences and/or turbidity curtains. Submitted by: Joanne Steenhuis Date: May 9, 2003 Office: Wilmington Recommendations for State Permit—EasternNC Gas Pipeline and APEC Fiber Optic Conduit It is recommended that a permit be issued to authorize the boatlift and floating dock with the following conditions: 1. Prior to construction of crossing waterbodies under this permit,the permitee must apply for and receive an Easement from the Department of Administration's State Property Office as required under N.C.G.S. 146-12(e). 2. This permit authorizes only the construction of a gas pipeline and fiber optic conduit in Pender and New Hanover Counties,all as depicted in the permit application document package. All work must be carried out in accordance with the workplan drawing contained in the application package unless specifically altered herein. Any additional modification will require a modification of this permit. 3. No excavation or fill material will be placed in vegetated wetlands or surrounding waters outside of the alignment of the fill area indicated on the workplan drawing. 4. Any fill material will be free of any pollutants. 5. This permit authorizes only the use of horizontal directional boring(HDD)construction methodologies at all wetlands,stream,and river crossings. Any alteration from the authorized HDD method will require modification of this permit. 6. In order to protect water quality,runoff'from the construction must not visibly increase the amount of suspended sediments in adjacent waters. 7. Any spoils permanently removed from the project location must be disposed of in a highground disposal area. The disposal must be stabilized in such a manner as to prevent spillover of solids into any marsh or surrounding waters. 8. A ground cover sufficient to restrain erosion shall be provided within the shorter 15 working or 30 calendar days of completion of any phase of grading on cut or filled slope or whatever the Sedimentation and Erosion Control Plan require. 9. The construction of the proposed project sIVll be in compliance with all local, State and Federal regulations and associated permit conditions. 10. The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the project without having the permit transferred to a third-party. 11. Prior to the initiation of any activities authorized by this permit,the permitee shall obtain stormwater management plan approval from the Division of Water Quality, and a copy of this approval submitted to the Division of Coastal Management. Any violation of the permit approved by DWQ will be considered a violation of this CAMA Permit. 12. No work shall take place on any property until such time as the permitee has obtained proper legal authority(i.e. deeds easements,right of way encroachment agreements etc...) NOTE: Any future development of the corridor may require a modification of this permit. Contact a representative of this Division at(910)395-3900 prior to the commencement of any such activity for this determination. NOTE: Any additional impacts to wetlands/streams incurred in the installation of the distribution lines may require a modification of this permit. 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-395-3900\Fax: 910-350-2004\ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper Form DCM-MP-1 APPLICATION (To be completed by all applicants) b. Cittyy, town, community or landmark ANC. comfit �14701 1. APPLICANT c. Street dress or secondary road �u abe a. Landowner: (� d. Is proposed work within city limits or planning Name �� � Q U— ZL� fi)11�� f� jurisdiction? _ C� Yes No Address "1 �� �J W���i I, C�I `� ��`�� G i e.g Name of body of w ter nearest pro1' (e.g. river, city State ( creek, sound, bay) ty Zip Day Phone Fax (9 I q)5q h-(P70-7 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT b. Authorized Agent: Name a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead,pier,and excavation and/ r filling activities. Address rC�(1 1 f T City State 'E)CiEC) ' O Zip Day Phone b. Is the proposed activity maintenance of an existing project, new work, or both? �� Fax c. Will fojecj�be for public,private or commercial �( use. c. Project name (if y) �t�t, 1 V� ��(�( — '_ d. Give a brief description of purpose,use, methods of construction and daily operations of proposed NOTE pe►„it wW be ism in nanae oftanao*ncT(s), a dia project. If more space is needed, please attach additional pag . project name. TO 0(-O - t J ' J 2. LOCATION OF PROPOSED . PROJECT 1 _ � a. County Revised 03/95 Form DCM-MP-1 m_ Describe ex N g,w "r-Aer treatment facilities. 4. LAND AND WATER CHARACTERIMCS a_ Size of entire tract `t- ` J•� /� n. Describe Jocafion and type of discharges to waters of the state. (For exanWle,surface runoff,sanitary N wastewater, industrial/ , -wash b. Size of individual lot(s) 7F,M�=7, endal dues,)Syrface- Pano4 �o c. Approximate devaotion of above MHVV orC - a r, NWL ±'!7 IM L In o. Describe existing fdr inking water supply source. d_ !!V�s) nd tacture(s)of trail d 5gnd5 aeA I(pgM5 e. Vegetation on tract t, ar- Main'}a� f_ Man-made eatures now on tract RoaL k vac�,r0.ys 5. ADDITIONAL INFORMATION g. What is the CAMA Land Use Plan land In addition to the completed application form, the classification of the site? xb,-�Ae>oca tma x3e yIM ) following items must be submitted: Conservation 'Transitional • A copy of the deed (with state application only) of Developed Community Rural Other ova instrument under which the applicant claims title to the affected properties. If the applicant is not h_ How is the tract zoned by local government? clang to be the owner of said property, then Vag;o c15 forward a copy of the deed or other instrument under which the owner claims tide,plus written permission i. Is the proposed project consistent with the applicable from the owner to carry out the project. zoning? X _Yes No (���s�^K��. ���1 � An accurate, dated work plat (trxludiag plan vices and cross-sectional drawings)drawn to sale in black j. Has a professional arFhaeological assessment been ink on an 8 1/2- by I V white paper. (Refer to done for the tract? XX Yes No Coastal Resources COWmission Rule 7J.0203 for a If yes, by whom? E„v ron `�� y i ce�5 rat[.. detailed description.) k. Is the project located in a National Registered 1'kue note that original drawings are preferred and Historic District of does it involve a National only high quality copies will be accepted. Blue-Ime Register listed or eliVble property? prints of other Iarger plats are amble ouly if an Yes �_No adequate number of quality copies are provided by applicant. (Contact the U.S. Army Caps of 1. Are there wetlands on the site? X Yes No Engineers regarding that agency's use of larger Coastal (marsh) Other X drawings.) A site or location map is a part of plat If yes, has a delineation been conducted? Yes requirements and it must be sufficiently detalled to DNS r �. TQ„i6W1 guide agency personnel unfamiliar with the= to the 1 I<..a1 S, (`c Sty-��m n (.0. Rrybed" Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. 6. CERTIFICATION AND PERM SSION TO ENTER ON LAND •A StOrmwa ter Certification, if one i nc��;; S}err.w�Ttr G�,l'�I�.Go t,on "V"" txtider WDE5 a^ero P l 4-r'^^%+ I understand that an issued in res nse to this • A list of the names an complete addresses of the y p�i t po adjacent waterfront (riparian) landowners and application will allow only the development described in signed return receipts as proof that such owners the application. 'Me project will be subject to conditions have received a copy of the application and plats and restrictions contained in the permit. by certified mail. Such landowners must be advised I certify that to the best of my knowledge,the proposed that they have 30 days in which to submit comments activity complies with the State of North Carolina's on the proposed project to the Division of Coastal Management. Upon signing this form, the applicant approved Coastal Management Program and will be further certifies that such notice has been provided. conducted in a manner consistent with such program. Name -'�4l` +o Sex D N 57• _ I certify that I am authorized to grant, and do in fact, Address grant permission to representatives of state and federal Phone review agencies to enter on the aforementioned lands in f tt connection with evaluating information related to this Name �Q� aefl Sh��-+ permit application and follow-up monitoring of the Address project. Phone I further certify that the information provided in this Name application is truthful to the best of my knowledge. Address Phone This is the day of o A list of previous state or federal permits issued for ,, work on the project tract. Include permit numbers, Print Name :5 M.1 t 1. (�Dr,04kan permittee, and issuing dates. N�A Signature .. &64—Aj LAd.or A.Ao,i Agent • A check for y2.58made payable to the Department of Please indicate attachments pertaining to your proposed ect Environment, Health, and Natural Resources piO1 ' (DEHNR) to cover the cosu of processing the Y DCM MP-2 Excavation and Fill Information application. X DCM MP-3 Upland Development • A signed AEC hazard notice for projects in — DCM MP4 Structures Information — DCM MP-5 Bridges and Culverts oceanfront and inlet areas. — DCM MP-6 Marina Development • A statement of compliance with the N.C. NOTE Please sign and date each attachment in the Environmental Policy Act (N.C.G.S. 113A - 1 to space provided at the bottom of each form. 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. Reeued 831" Form DCM-MP-2 EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all 1. EXCAVATION other sections of the Joint Application that relate to this proposed project. a. Amount of material to be excavated from�l Describe below the purpose of proposed excavation or MHW or NWL in cubic yards Sec.Gi ac� mi-e- fill activities. All values to be given in feet. 1 b. Type of material to be excavated S O 1 Average Flaw Existing POD c. Does the area to be excavated include coastal Lengtb %Mtb Depth Depth wetlands (marsh), submerged aquatic v etation Access (SAVs)or other wetlands? Yes -7 No channel (M-W)or(NV-) d. Highground excavation in cubic yards Canal 1 2. DISPOSAL OF EXCAVATED Boat MATERIAL. basin a. Location of disposal area C45►4-e_ Boat uQ1a n d G f`ems ramp b. Dime ions of disposal area �o l��terrv\;n� (TB D) Rock groin c. Do you claim title to disposal area? Yes No _F90 Rock If no, attach a letter granting permission from the breakwater owner. Other d. Will a disposal area be available for future maintenance? Yes No T,g D (Excluding If yes, where? shoreline stabilization) Revised 03M Form DCM-M -2 e. Does the disposal area include any coastal wetlands If yes, N I A (marsh), SAVs or other wetlands? (1) Amount of material to be placed in the Yes X No water (2) Dimensions of fill area f. Does the disposal any area in the water? Yes No (3) Purpose of fill b. Will fill material be placed in coastal wetlands 3. SHORELINE STABILIZATION N If� (marsh), SAVs orsther wetlands? Yes No If yes, a. Type of shoreline stabilization (1) Dimensions of fill area Bulkhead Riprap (2) Purpose of fill b. Length c. Average distance waterward of MHW or NWL 5. GENERAL R"S ctnoli(aLL_ jo A eC d. Maximum distance waterward of MHW or NWL to a. How will excavated or fill material be kept on site e. Shoreline erosion during preceding 12 months and erosion controlled? Sc V1q- �u.«of o. ;on) -=v, "9 Lhe� Sedgy—T� dve�io Z f. Type of bulkhead or riprap material b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic g. Amount of fill in cubic yards to be placed below dredge? ` ODD water level �}c,r�,p'i'm ��P?L�iona� �P� (1) Riprap (2) Bulkhead backfill c. Will wetlands be cr:,ssed in transporting equipment h. Type of fill material to project site? Yes X No If yes, explain steps that will be taken to lessen environmental impacts. i. Source of fill material �sternNG � I�ne_. Pro�c�+-prase �A 4. OTHER FILL ACTIVITIES `F Applicant or Pro ect Name (Excluding Shoreline Stabilization) stg a. Will fill material be brought to site? FRjh r,a, ,, z� 2 00 3 Yes x No Date Revised 03/95 Form DCM-MP-3 "LAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major h. Projects that require a CAMA Major Development Permit, Form DCM-MP-I. Be sure to complete all Permit may also require a Stormwater Certification. other sections of the Joint Application that relate to this Has a site development plan been submitted to the proposed project. Division of Environmental Management for review? X Yes No a. Type and number of buildings, facilities, units or If yes, date submitted structures proposed -- -- i. Describe props method of sewage disposal. b. N mber of lots or parcels l` e y Sw cle'A NCQoT OW j. Have the facilities described in Item i. above c. Density(give the number o residential units and the received state or local approval? 1'�/A units per acre) (Anach appropriate documentation) k. Describe location and type of proposed discharges to d. Size of area to be graded, filled or disturbed waters of the state (for example, surface runoff, o-�c includin roads, ditches, etc. ly\ i'AL' n Q0t sanitary wastewater, industrial/commercial effluent, (vr"'INc- "ON eci MeA+ "rn ('OWs "wash dow " and residenti l discharges). 4ML SP �-er e. If the proposed project will disturb more than one S10CA qra acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. 1. Describe proposed drinking water supply source If applicable, has a sedimentation and erosion (e.g. well, comm upAy, public system, etc.) control plan been submitted to the Division of Land Resources? X Yes No If yes, date submitted m. Will water be impounded? Yes X No If yes, how many acres? f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for paved surfaces. n. If the project is a oceanfront development when was the lot(s) platted and recorded? N J A �a rt FaAe4l(�N C RAAjm_ Q�_ecx �A g. Give the percentage of the tract within 75 feet of Applicant or Project Name MHW or NWL, or within 575 feet in the case of an UA Outstanding Resource Water, to be covered by SkAure impervious and/or built-upon surfaces, such as FeAA,,ia r pavement, buildings, rooftops, or to be used for Date vehicular driveways or parking. Revised 03195 Form DCM-MP-I APPLICATION- (To be completed by all applicants) b. City, town, community or 1aand mmark 1. APPLICANT c. Street add r secondary road number 7+4�,�, 74 R a- 8 a. Landowner: 1N` ,I Name PE C— O�/� ^G d2, d. Is proposed work within city limits or planning 'I jurisdiction? _X _Yes No Address 523-1 6 r�ens Nr l rl l o a n `` e. Name of body of water nearest project (e.g. river, I� (e,►o\h State N L creek, sound,bay)No�'I�ew`F- C _Pjp�, R•per City �` . Zip Day Phone(q 3. DESCRIPTION AND PLANNED USE Fax OF PROPOSED PROJECT b, Authorized Agent: Name a. List all development activities you propose (e.g. building a home, motel,marina,bulkhead,pier,and excavation and/or fillip activities. Address Gor64mc-� c f 1,t2f, n.A+,, City State Zip Day Phone b. Is the proposed activity maintenance of an existing project, new work,or both? e,�.✓ Fax c. Will the p ect be r public,p vate or commercial O use? /t I I o'1- �{�e GLUOyf c. Project name (if any) r�G F��G r— A�►L �e�n .►li — d. Give a brief description of purpose,use,methods of suction and daily operations of proposed Perma'WSU be AsAwd an,.MM 41a"do*^er(s).and/or project. If more space is needed, please attach additional pages_ ` p,o�ra TQ , ,o i r CAM \ a 2. LOCATION OF PROPOSED ck b,, PROJECT ro u+f-, a. County _1 n r- OL in +� Nf V✓ /fit AQVU- Rrylsed 03/95 Form DCM-MP-1 m. Describe existin N�p�er treatment facilities. a. LAND AND WATER CHARACTERISTICS ± J. rn 1�S n. Describe location and type of discharges to waters a. Size of entire tract nn of the state. (For example, surface runoff,sanitary N/K der' industrial/commercial ' '� b_ Size of individual lot(s) !=, esidential diwharves.) LA.4gCe- rano4 �1\d c. Approximate elevation of tract above MHW or a NWL S1Y�5 }o _�L , o. Describe existing(drinking water supply source- d- Sod s) and texture(s)of tract Clr�pus Sa,n�s and OgN+S - C. Vegetation on tract f`t q ► - ma e f_ Man-made eatures now on tract RoaJS pnwerl tncs d^%v�w0.y5 e 5. ADDITIONAL INFORMATION g. What is the CAMA Land Use Plan Iand In addition to the completed application form, the classification of the site? (C�o Ae local end=e p&W ) following items must be submitted: Conservation Transitional • A copy of the deed (with state application only) or Developed Cody other instrument under which the applicant damns tide Rural Other to the affected properties. if the applicant is not h_ How is the tract zoned by local government? claiming to be the owner of said property, then Vag;o�t5 forward a copy of the deed or other instrument under which the owner claims title, plus written permission i. Is the proposed project consistent with the applicable from the owner to carry out the project.. zoning? X Yes No • An agate, dated work plat (including plan view f4mch zon bV Y«rAfi—. 1qT&c0b1-J and cross-sectional drawings)drawn to sale in buck j. Has a professional ar4haeological assessment bees ink on an 8 1/2' by I V white papa. (Refer to done for the tract? X Yes No Coastal Resources C4amission Rule 7J.0203 for a If yes,by whom? F.2 ro,, "l �y ice LC.. detailed description.) k. Is the project located in a National Registered Ptihse note that original drawings are preferred and Historic District or does it involve a National only high quality copes will be wed. Blue-line Register listed or eliVNe property? prints or odwr lamer Ply are accepuNg 001Y if an Yes No adequate number of quality copies m provided by applicant. (Contact the U.S. Army Corps of I. Are there wetlands on the site? X Yes No Engineers regarding that agency's We Of larger Coastal (marsh) Other X drawings.) A site or location map is a part of plat If yes, has a delineation been conducted? Yes requirements and it must be suffideatly detailed to QNaach , 0-'10W1 / guide agency personnel unfamiliar with the area to the Revised 03/95 Form DCM-MP-1 site- Include highway or secondary road (SR) numbers, landmarks, and the like. 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND • A Stores water Calif on if one is Sj-orrn�w4'}ea- Gertco���pper� Co�l}}eli..N�,d khder► • A fist bf thensaii complete addresses of the I understand that any permit issued in response to this adjacent waterfront (riparian) landowners and applic�ion will allow only the development described in signed return receipts as proof that such owners the application. The project will be subject to conditions have received a copy of the application and plats and restrictions contained in the permit_ by certified mail. Such landowners must be advised that they have 30 days in which to submit comments I ratify that to the best of my knowledge,the proposed on the proposed project to the Division of Coastal eDmPl'cs with the State of North Carolina's Management. Upon signing this form, the applicant � Coastal Management Progrun and will be further certifies that such(notice has been provided. conducted in a manna consistent with such program_ Name RJP'r- TlO I certify that I am authorized to grant, and do in fad, Address grant permission to representatives of state and federal Phone ,�I I -t review agencies to enter on the aforementioned lands in connectionName �-� A Res<.� � �Y�G-�T connection with evaluating information related to this permit application and follow-up monitoring of the Address project. Phone I further certify that the information provided in this Nance application is truthful to the best of my knowledge. Address Phone + This is the day of FK6,tw- l 3 • A list of previous state or federal permits issued for work on the project tract_ Include permit numbers, print Name alokA permittee, and issuing dates. N/A Signature A.uhorizcd.tact • A check for Y"made payable to the Department of Please indicate attachments pertaining to your proposed Environment, Health, and Natural Resources project- (DEHNR) to cover the costs of processing the application.. X DCM MP 2 Excavation and Fill Informationapplication. DCM MP-3 Upland Development • A signed AEC hazard notice for projects in — DCM MP-4 Structures Information oceanfront and inlet areas. — DCM MP-5 Bridges and Culverts DCM MP-6 Manna Development • A statement of compliance with the N.C. NOT&- Please sign and date each anadimcnt In the Environmental Policy Act (N.C.G.S. 113A - I to space provWd at the boom of each form. 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Ad- Revised IN" Form DCM-MP 2 EXCAVATION AND FILL (ExcgA bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-I. Be sure to complete all 1. EXCAVATION other sections of the Joint Application that relate to this proposed project. a. Amount of material to be excavated from w Describe below the purpose of proposed excavation or MHW or NWL in cubic yards Sc.e Gi a ue— fill activities. All values to be given in feet. I b. Type of material to be excavated Sol] Awes Final p1°ita c. Does the area to be excavated include coastal Unrb Wwb � >�v wetlands (marsh), submerged aquatic v etation Access (SAVs) or other wetlands? Yes No channel (MLW)or(NWL) d. Highground excavation in cubic yards APProx�M��eI� �6,soo c.ub;� yards Canal 2. DISPOSAL OF EXCAVATED Boat MATERIAL basin a. Location of disposal area Boat lx0 a CG i3O. ramp b. Dime ions of disposal area To Rock1��t�rr�► groin c. Do you claim title to disposal area? Yes No Tg 0 Rock If no, attach a letter granting permission from the breakwater owner. d. Will a disposal area be available for future Other maintenance? Yes No -ra (Excluding If yes, where? shoreline stabilization) Revised 01195 Form DCM-MIP-2 e. Does the disposal area include any coastal wetlands If yes, N J A (marsh), SAVs or other wetlands? (1) Amount of material to be placed in the Yes X No water (2) Dimensions of fill area f. Does the disposal include any area in the water? Yes X_ No (3) Purpose of fill b. Will fill material be placed in coastal wetlands 3. SHORELINE STABILIZATION N/A (marsh), SAVs or gther wetlands? Yes No If yes, a. Type of shoreline stabilization (1) Dimensions of fill area Bulkhead Riprap (2) Purpose of fill b. Length c. Average distance waterward of MHW or NWL 5. GENERAL A , a r�i(c -�Q AEC d. Maximum distance waterward of MHW or NWL a. How will excavated or fill material be kept on site e. Shoreline erosion during preceding 12 months and erosion controlled? SG v¢- rnos11on all Low 1 Ela^' (So-«ofinfor—d—) ='r u ctie, Sed Rio Z f. Type of bulkhead or riprap material b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic g. Amount of fill in cubic yards to be placed below dredge?water level 6 r►&"-W D"teJ.10na l D,D l (RDD� (1) Riprap (2) Bulkhead backfidl c. Will wetlands be cr:ssed in trans rting equipment h. Type of fill material to project site? Yes No If yes, explain steps that will be taken to lessen environmental impacts. i. Source of fill material 4. OTHER FILL ACTIVITIES PEC. ' �`- ; �o nc� —PIq�y A t or ject Name (Excluding Shoreline Stabilization) Will fill material be brought to site? Yes X No Date Revised 03/" Form DCM-MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major h. Projects that require a CAMA Major Development Permit, Form DCM-MP-1. Be sure to complete all Permit may also require a Stormwater Certification. other sections of the Joint Application that relate to this Has a site development plan been submitted to the proposed project. Division of Environmental Management for review? X Yes No a. Type and number of buildings, facilities, units or If yes, date submitted structures proposed i. Describe propos method of sewage disposal. N�A b. N34mber of lots or parcels Enemy KOW ana NC DOT oyi j. Have the facilities described in Item i. above c. Density(give the number of ffesidential units and the received state or focal approval? rJ l A 'Inits per acre) f t1 U—ch aPP-p.tio-do rionl k. Describe location and type of proposed discharges to d. Size of area to be graded, filled or disturbed waters of the state (for example, surface runoff, includin roads ditches, etc. i MtAM �2O, sanitary wastewater, industrial/commercial effluent, tt�nS !`uc-Pion �a5�r�en� "n ('OWS "wash dow " and residential discharges).^ ect er e. if the proposed project will disturb more than one o acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. 1. Describe proposed drinking water supply source If applicable, has a sedimentation and erosion (e.g. well, conrim N upity, public system, etc.) control plan been submitted to the Division of Land �� Resources? X Yes No If yes, date submitted m. Will water be impounded? Yes X No If yes, how many acres? f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for paved surfaces. n. If the project is a oceanfront development when was the lot(s)platted and recorded? N 1 A Ea r-4' PPEL P ;c - NsseHA g. Give the percentage of the tract within 75 feet of A t or t'ro c MEW or NWL, or within 575 feet in the case of an Outstanding Resource Water, to be covered by �t impervious and/or built-upon surfaces, such as FA/utaMl al , -2 3 pavement, buildings, rooftops, or to be used for Date vehicular driveways or parking. Revised 03/95 _ 0\ER01150 04\cover figure4A.apr 1 d ,v x NPipeline /�vy',`+d,,. /\/Primary Roads Harrlls ►�GVa� f e. [�] Municpal Boundaries r ar„a County Boundaries Hydrography k' ,. Wath Y Y * M Bur w ' Atkinson N-: �r� < ` C Saint I H III cfge Helena ; J aura ��i'-1 q„• -'¢p`, i r Surf City r � � t Sb leltl � � .� -.�. Topsail hlorthw stet Beach reek? Navassa i L in ton_ Wrightsville Beach t, f y � o 'ng *g Carolina sot ~Spri Beach LakK Kure rnu owm >Er1 r Beach Lrb Holden Beach Oak Island '­r-"Z1 Bald Head Caswell , Beach Island 5 0 5 10 Figure: 1 Environmental �� � Project Location Map Services,Inc. Miles EasternNC Natural Gas ER01-150.04 Source: Basin Fro,NC Center for Pipeline-Phase IVA Geographic Information&Analysis March 2003 Pale. 1 •R 7 'v j M! •I w • X' 5 h ji 11. i. L t 1-7 ' r ` 41 C e Y� r ` Eastern North Carolina Natural Gas Phase 4A Pipeline and APEC Fiber Optic Conduit Typical Plan and-Profile of Attachment of Conduit to the Pipeline ATRIX DESIGN GROUP Q. 2. o;- 7 NEW HANOVER COUNTY, NORTH CAROLINA POINT OF ENTRY OF I I Bridge or Structure POINT OF EXIT OF DIRECTIONAL DRILL i i DIRECTIONAL DRILL Z WILL VARY WILL VARY Q LOCATION- LAT &LONG (See Altolch enl C) J (Z II —-— ROAD (See Tob/e)—- -—- - -------------------- I1 z of (o �NCD D.T Right-of-Way �5' TYPICAL `60' TYPICAL Construction Limits PIPELINE AD✓AGENT LANDOWNER $ I ADJACENT LANDOWNER Q CIS J 0- 550'Entry Point to Exit Point - Mnimum r POINT OF ENTRY OF I POINT OF EXIT OF DIRECTIONAL DRILL W- DIRECTIONAL DRILL oo WILL VARY WILL VARY w`II z LOCA770VV LAT, &LONG (See Al tot meet C) — I I w J N a U VI w v o v � Progress Energy S' TYPICAL L 75' TYPICAL O V 3°I I I3° U Powerfine Easement Easement width Iu Eu & Construction Limits d P/PEL/NE 'K of I o 'K W lI Vary I ADJACENT[ANOOwNER AD✓AGENT LANDOWNER V WI I I� CeJ 550'Entry Point to Exit Poirll - Minimum 100100 0 0 Q W W Q LEJ E, NATURAL GROVNO < o o -J — U w w U NATURAL CRCOUNO l.Z= WATER DEPTH VAR/ES $ ° . . i ADIUS 9 D CL it �- 36- MINIMUM COVER 15' MINIMUM UNDER I:) It PIPELINE wo BOTTOM OF WATERBODY 40 a �- U Z Z N -100 a . . . . . . . C DIRECTIONAL DRILL 0 LOCATION-MILEPOST (See Table) -100 REFERENCE DRAWINGS REVISIONS SDAEt "'M' EasternCC P.O.B0X,55'-PEB,B N0. DESCRIPTION/ NO. DESCRIPTION wATw Bc 0,1E 03n5/O] .10&R.LwNG1aN STREET R,IEHN.RC 21601-1551 A ISSUED FOR CAMA-AEC PERMIT aXb D. DATE ox/ss/Da ,,,,,.,,,,�, "0 1 REVISED & ISSUED FOR CONSTRUCTION APPRO10 DAR DATE 02n5/Tn ent w.TER canswr.M1r TA, _ TYPICAL SECONDARY WATERBODY CROSSING MATERIAL SUMMARY ENS JOB NO. Txa ENCNG NATURAL GAS SYSTEM OD PRO.IECT NO. OTY. DESCRIPTION AR/T'.O.N0. PHASE IVA LINE EXTENSION & APEC FIBER OPTIC PROJECT NEW HA R COUNTY, NDRTH CARWIA OJENT ME ND. N0. - REY. lQ/'- ENS FU ND. 5.13SIT-T 1 r �3. • p OM 3V lNyD 'u a3aN3e onn'd3n 30 1J3fONd JIl dO N381!03dv!P N06N31x3 3Nn VAI 35VNd NOLL&83S 1J31'ONd n31SAS SVO 1V8fl1VN 7NJN3 nst .ow Bor 913 AaV1YYins Ivla3lvyl 0NISSONJ AOONN31VM ANVONOJ3S IVJIdA1 3uu zo/svzo 31V0 Nra a3wuan NOI10nalSNOO 80J 03nssi v 03Stn38 I 11Ya3d 03V-"VO 803 03nsSl v ASSl_ ) 3a-IsS,ao0 01 V O rOLLdW530 'ON NOLLdkM30 ON9 33MSMS OptJ UJ;91Se3 3M sN051A38 SONVAV80 30N383338 OOl- (alQDl aaS) 1SOd3llYl-NOI1V001 o. i51—&G 5FNO11.?32/lO o. . OOl- n z z n 0 AO08831VM 30 Y101109 3N173d1d jJ m m 830Nn YInWINIVI ,Sl m 0 83AOO.. YMMININ .9f '-` z g . . . . . . . 0 0 0 S31NYn NI d-70 Y3L YM = 11 O— YN H mONnO&O 7V&/71 YN. ONX10 7YL/l D m m D I O O I St m " m m < OOl c? f F. cl m r y D r. 001 A z m m z ai W,q,ty - wod llr3 of ;mod Idlu3.OSS - "I 1 113NMOONY71N3.7Y1'OY a yl I ly a a •�- 'o a 2/3NHOONY7 1 N30Y1'OY - AAoA II!M sPW/7 wilongsuo0 ylpM luawas03 luauaso3 O lvOldki .SL 1V01dA1 ,S� .l6iau3 ssa�6ojd m !Tt 1 Ut(n 1 ON D m m (O luaus loTlY a05f OA107 AP 1V7 --MOZtVO07 � - Z 'm AdVA IIIM O C-) 11180 1VN01133a1O 11180 lV 01103a0 nl 30 llX3 30 1NIOd `� 30 A81N3 30 1NIOd tuntuiuW - luiod vX7 0l lueod/,1,7,OSS r- r &31V4tOONY7 1 N3.7YPOY ,o a d3AM00NV7 1N39YP0Y Z m. m � sT1un7 uogoniTsuo,7.p n, �� � � n 3N/73d1dJ 1V01dA1 ,09 1V01dA1�S�- 3oM-/o=T46�1! 1OO'.7N� --- -- ---- ----- ------------- ------ DO m O ------ ------ (a/9o1 aas) cvo&J --- n (9 !ua 4�loNY aaS) ON07�P YY) .iVO/1 Y,70) r oD AaVA IIIM I i I AaVA 111M Z 111a0 IVNOLL03810 IIlaO IVNO110380 30 11X3 30 1NIOd ainpngS uo a6pug i i 30 A81N3 30 1NIOd VNF�O�JdO Hl �:ION `J.1Nnoo aN:]d DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD A) APPLICANT: Progress Energy and APEC County: Pender and New Hanover LOCATION OF PROJECT: Pender and New Hanover Counties DATE APPLICATION RECEIVED COMPLETE BY FIELD: April 24, 2003 FIELD RECOMMENDATION: Attached: YES To Be Forwarded:No CONSISTENCY DETERMINATION: Attached:No To Be Forwarded: Yes FIELD REPRESENTATIVE: Joanne Steenhuis DISTRICT OFFICE: Wilmington DISTRICT MANAGER REVIEW: B) DATE APPLICATION RECEIVED IN RALEIGH: S � 03 FEE REC'D:$ 7S (X A PUBLIC NOTICE REC'D: i/ END OF NOTICE DATE: G/ylv3 ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: APPLICATION ASSIGNED TO: ON: 45//y1u3 C) 75 DAY DEADLINE: 150 DAY DEADLINE: MAIL OUT DATE: STATE DUE DATE: FEDERAL DUE DATE: FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS OBJECTIONS: NOTES RETURNED YES NO Coastal Management-Regional Representative Y/ Coastal Management-LUP Consistency 5 -2O '"✓� �i, Division of Community Assistance Land Quality Section 5 -?-2 -u 3 .SAC eft Division of Water Quality Storm Water Management(DWQ) State Property Office Division of Archives&History C✓ ro,�s Division of Environmental Health Division of Highways G 5 "`3 Wildlife Resources Commission - 3-c)3 Division. of Water Resources Division of Marine Fisheries Submerged Lands(DMF) Permit b -S '03 a DCM Coordinator: D It MAMLNG DISTRIBUTION: Permitee: Agent: EYlu r0(jnY,,�'l Inc DCM Field Offices: s/� Sr✓�� �1iPu �e Elizabeth City Morehead Cit< �2 7616 Washington Wilmington US Army Corps of Engineers(USACE): Washington: Mike Bell(NCDOT) Bill Biddlecome(NCDOT) Raleigh Bland Wilmington: Dave Timpy(NCDOT) Henry Wicker Others: / Cultural Resources: Renee Gledhill-Early v Environmental Health: Beverly Sanders Marine Fisheries: Mike Street cf NCDOT: Roberto Canalest/ Shellfish Sanitation: Gina Brooks State Property Office: Joseph Hendersor}✓ Water Quality: John Dorney ✓✓ John Hennessy(NCDOT) Water Resources: John Sutherland✓ Wildlife Resources: David McHenry / Bennett Wynne/ David Cox(NCDOT) Travis Wilson(NCDOT) FAXING DISTRIBUTION: Permitee at Agent at L i Z l 707 C/oc4/) DCM Field Offices: Elizabeth City Morehead City Washington Wilmington US Army Corps of Engineers (USACE): Washington: Mike Bell(NCDOT) Bill Biddlecome(NCDOT) Raleigh Bland Wilmington: Dave Timpy(NCD9T) Henry wicker x DEPARTMENT OF THE ARMY WILMINGTON DISTRICT,CORPS OF ENGINEERS _ P.O.BOX 1890 WILMINGTON.NORTH CAROLINA 28402-1890 REPLY TO t IVE ATTENTION OR June 19, 2003 A11_ 0 7 2UU3 Regulatory Division19°OFGA Action ID. No. 200300493 Eastern North Carolina Natural Gas c/o Mr. John M. Monaghan 5625 Dillard Drive, Ste. 101 Cary,North Carolina 27511 Albermarle-Pamlico Economic Development Corporation c/o Mr. John Whalen 5234 Greens Dairy Road Raleigh, North Carolina 27616 Dear Sirs: On 2 April 2003, we received your application for Department of the Army authorization to temporarily impact approximately 7.3 acres of DA jurisdictional wetlands and approximately 40 linear feet of stream channels to facilitate the installation of 15.7 miles of natural gas transmission line and fiber optic cable conduit within the Cape Fear and the Northeast Cape Fear River Basins, in Pender and New Hanover Counties, North Carolina. After review of your proposal, the United States Fish and Wildlife Service and the North Carolina Wildlife Resources Commission have recommended revision of your application and plans by a letters dated 2 June 2003 and 30 May 2003, respectively (copies enclosed). The Corps also has the same concerns. These recommendations are due to anticipated adverse environmental impacts. Our administrative process provides you the opportunity to propose a resolution and/or rebut any and all objections before a final decision is made. In this regard, I would appreciate being made aware of your intentions, in writing, on or before 2 July 2003. I am responsible for processing your application and available to assist you in coordinating with the review agencies. If you have any questions you may call me at (910) 251-4923. Sincerely, Jennifer S. Frye, Regulatory Specialist Wilmington Regulatory Field Office Enclosures r Copies Furnished (with enclosure): Mr. Jeff Harbour Environmental Services, Inc. 524 New Hope Road Raleigh, North Carolina 27610 Copies Furnished (without enclosure): Mr. James Gregson, District Manager Mr. Ronald J. Mikulak, Chief Wilmington Regional Office Wetlands Section - Region IV North Carolina Division of Coastal Water Management Division Management U.S. Environmental Protection Agency 127 Cardinal Drive Extension 61 Forsyth Street, SW Wilmington,North Carolina 28405 Atlanta, Georgia 30303 Mr. Doug Huggett Mr. Bennett Wynne Division of Coastal Management Habitat Conservation Program North Carolina Department of North Carolina Wildlife Resources Commission Environment and Natural Resources Division of Inland Fisheries 1638 Mail Service Center 1721 Mail Service Center Raleigh, North Carolina 27699-1638 Raleigh, North Carolina 27699-1721 Mr. Ron Sechler National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Mr. David Rackley National Marine Fisheries Service Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Mr. Garland B. Pardue U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 �ENVIRONMENTAL SERVICES, INC. RECEI VED 524 NEW HOPE ROAD SUN 1 6 2003 RALEIGH, NORTH CAROLINA 27610 (919) 212-1760 M'OFCOASTAL RALMANAGEI41t yj �H June 9,2003 Ms.Jennifer Frye U.S.Army Corps of Engineers Wilmington Regulatory District P.O.Box 1890 Wilmington,NC 28402-1890 Re: Phase 4A of the EasternNC Natural Gas Pipeline and APEC Fiber Optic Project Comments from NCWRC Ms.Frye: Environmental Services,Inc.,(ESI)has reviewed the comments from the North Carolina Wildlife Resources Commission dated 30 May 2003 and offers the following information. Open-cut crossings are proposed for the two unnamed tributaries of Turkey Creek. ESI concurs with NCWRC recommendations that these open cuts be made only during low stream flows and should be accompanied with silt or turbidity curtains to control any suspended sediments. ESI has completed the survey for rough-leaved loosestrife. The results of this survey have been submitted to the U.S.Army Corps of Engineers and the U.S.Fish and Wildlife Service. No rough-leaved loosestrife was located in any of the several areas identified as potential habitat. The one area identified as potential habitat for golden sedge and Cooley's meadowrue is located adjacent to Highway 117 in Pender County. This area will not be disturbed by construction of the pipeline. HDD will be used to bore under this area concurrently with the crossing under Highway 117. This letter is also being provided to NCWRC and the N.C. Division of Coastal Management. Please do not hesitate to call Josh Witherspoon or me if you have any questions. Thank you for your assistance with this project. Sincerely, ENVIRONMENTAL SERVICES, INC. Meffarbour,PWS Senior Scientist Cc: Bennett Wynne—NCWRC Doug Huggett-NCDCM State of North Carolina Department of Environment and Natural Resources ;l► Wilmington Regional Office Division of Marine Fisheries NCDENR Michael F. Easley Governor NORTH CAROLINA DEPARTMENT OF Preston P. Pate, Director ENVIRONMENT AND NATURAL RESOURCES MEMORANDUM June 4, 2003 TO: Doug Huggett FROM: Fritz Rohde 1 SUBJECT: Phase IV Pipline -Progress Energy and APEC The following comments by the North Carolina Division of Marine Fisheries (NCDMF) on the subject permit are offered pursuant to G.S. 113-131. The Division of Marine Fisheries has expressed serious reservations on similar proposals. In this proposal, only streams greater than 20 feet in width will be crossed using Horizontal Directional Drilling (HDD). Smaller streas will be crossed using open-cut techniques. The NDMF opposes this strategy. Our data show that these systems can support anadromous fishes (striped bass, American shad and river herrring), along with other species. All perennial streams should be crossed by HDD. 127 Cardinal Drive Ext.,Wilmington,North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004 An Equal Opportunity Affirmative Action Employer 50%recycled/10%post-consumer paper ENT OF ryP�P ,y United States Department of the Interior N o FISH AND WILDLIFE SERVICE � a Raleigh Field Office Post Office Box 33726 r9CH '0'� Raleigh,North Carolina 2763&3726 RECEIVED June 2, 2003 JUN 0 6 2003 DfV.OF COASTAL MANAGDAW Ms. Jennifer Frye RALOGH U. S. Army Corps of Engineer Wilmington Regulatory Field Office P. O. Box 1890 Wilmington,North Carolina 28402-1890 Subject: Action ID No. 200300493, Eastern North Carolina Natural Gas, Phase 4A Pipeline and APEC Fiber Optic Conduit Dear Ms. Frye: This letter provides the comments of the U. S. Fish and Wildlife Service (Service) on the subject Public Notice (PN), dated May 5, 2003. The applicant, Eastern North Carolina Natural Gas (ENCNG), has applied for a Department of the Army (DA)permit to temporarily impact approximately 7.3 acres of jurisdictional wetlands and approximately 40 linear feet(lf) of stream channels. These comments are submitted in accordance with the Fish and Wildlife Coordination Act(48 Stat. 401, as amended; 16 U.S.C. 661-667d), and section 7 of the Endangered Species Act of 1973, as amended(16 U.S.C. 1531-1543). It is to be used in your determination of compliance with 404(b)(1) guidelines (40 CFR 230) and in your public interest review(33 CFR 320.4) as they relate to protection of fish and wildlife resources. The PN states that the applicant proposes to construct a new natural gas transmission and distribution system. Concurrent with installation of the gas pipeline, a fiber optic cable would be installed for the Albemarle-Pamlico Economic Development Corporation(APEC). The current project represents phase 4A of a multi-phase effort to supply natural gas to counties in eastern North Carolina. Phase 4A would construct approximately 15.7 miles of pipeline within the Cape Fear and Northeast Cape Fear River Basins. The project would occur in Pender and New Hanover Counties. The PN states that pipeline would be located within existing Progress Energy power line easements and within maintained rights-of-way of the North Carolina Department of Transportation(NCDOT). The pipeline easement within these corridors is expected to be 20 feet wide for the 12-inch diameter pipe. The project would cross a total of five water bodies. Three perennial streams would be directionally bored. Smaller streams would be crossed using open-cut techniques. The project would also cross 24 separate wetland areas located within road rights-of-way and powerline r 1 easements: Larger wetland areas would be directionally bored, and open trench methodologies would be used for smaller wetland crossings. Earlier this year,the Service reviewed the detailed Environmental Assessment(EA) for Phase 3A, north of the current proposal. The EA discussed many ways to avoid and minimize adverse impacts to wetlands and aquatic habitat, including the use of horizontal directional drilling (HDD) in environmentally sensitive areas. The EA also stated that after construction,wetlands impacted by open-cut pipe installation would be returned to their pre-construction contours to the extent practicable and the NCDOT rights-of-way and powerline easements would be stabilized and re-vegetated with native wetland species. No permanent impacts to jurisdictional wetlands would result from project construction. Areas for pipe storage and contractor staging would be in uplands. Turbidity and sedimentation would be minimized by Best Management Practices and strict adherence to an Erosion and Sedimentation Control Plan. Construction moratoria would be implemented during certain periods to protect finfish as requested by the National Marine Fisheries Service, North Carolina Division of Marine Fisheries, and the North Carolina Wildlife Resources Commission (p. 18). The Service recommends that these measures employed for Phase 3A be required for Phase 4A. Federally-listed Species The Service has reviewed available information on federally threatened or endangered species known to occur in Pender and New Hanover Counties. We have also reviewed information from the North Carolina Natural Heritage Program (NCHNP)database on the reported occurrence of these species in the project area. Several of the federally protected species known to occur in the project counties are associated with beach habitats which would not be impacted. However, three plants protected by the ESA may occur in the project area. These are the golden sedge (Carex lutea),rough-leaved loosestrife (Lysimachia asperulaefolia), and Cooley's meadowrue (Thalictrum cooleyi). All three are listed as endangered,indicating a danger of extinction throughout all or a significant portion of their ranges. The PN notes that the applicant is conducting species-specific surveys to determine potential impacts to these species. The Service has reviewed a May 15, 2003, letter, to you from Environmental Services, Inc. (ESI), of Raleigh,North Carolina, regarding surveys for rough-leaved loosestrife. The letter states that nine areas that represented suitable habitat were identified and surveyed. These surveys were completed on May 13, 2003, and no rough-leaved loosestrife was found. The letter requests that a Biological Conclusion of not likely to adversely affect be included in the permit application. Based on information in this letter, the Service concurs with this conclusion. The ESI letter also states that one potential site, designated as Wetland 12 in project plans,was identified as potential habitat for golden sedge and Cooley's meadowrue which can occur in the same location. Plans were made to survey this site in June, the start of the prime survey window for Cooley's meadowrue; however, the applicant is proposing to avoid impacts to this site(a power line easement east of US 117)by drilling under the site. The ESI letter states that this 2 r f construction technique should result in a finding of not likely to adversely affect. If there is no disturbance to the vegetation at the potential location of these two species, the Service concurs that the project is not likely to adversely affect golden sedge and Cooley's meadowrue. As the Service stated in our comments on Phase 3A,we believe that some protective measures may be required for the federally endangered West Indian manatee(Trichechus manatus), especially during the five-month period of June through October, if open-cut installation and/or silt fences are used in waters that: (1) are over three feet deep; and, (2)have an unobstructed connection via continuous water depths of over three feet to estuarine waters. The NCNHP database indicates that manatees have been observed along the major rivers in the project area as well as smaller coastal waterways. The primary habitat requirements for the species are access to vascular aquatic plants, freshwater source, and proximity to channel 1-2 meters deep. Manatees may move into a given project site where the species has never been reported previously. Impacts to manatees cannot be based on negative visual surveys for the presence of the species in the project area,but must be based on the presence of suitable habitat accessible to the species which migrates along the coast during the warmer months of the year. Manatees could be affected by either open-cut work through stream channels or entanglement in erosion control and siltation fences placed in water deeper than three feet. The Service has summarized protective measures for manatees for work in areas of potential manatee habitat. A copy of these precautions,revised in June 2002, is enclosed. If the enclosed precautions are included in project plans, the Service would concur with a not likely to adversely affect determination. For Phase 3A, the applicant proposed to have a contractor inspect silt screens daily. In water that could be used by manatee, these inspections may need to be more frequent and specifically surveys for entangled manatees during the June through October period. Waterways to be crossed by open-cut construction and accessible by manatees may be limited, or nonexistent. However, if such areas do exist along the proposed alignment, manatee precautions should be employed. Data from the NCNHP indicate that the federally endangered shortnose sturgeon(Acipenser brevirostrum)has been report in the two river basins of the proposed work. This species is under the jurisdiction of the National Marine Fisheries Service(NMFS) and that agency will evaluate potential impacts on the species. Based on survey results and the implementation of construction techniques given in the May 15 letter to you, as well as the incorporation of the attached manatee precautions, the Service believes that the proposed work is not likely to adversely affect any species protected by the ESA. Therefore, the Corps' requirements under section 7(a)(2) of the Act have been satisfied at this time. We remind you that obligations under section 7 consultation must be reconsidered if: (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered; (2) this action is subsequently modified in a manner that was not considered in this review; or, (3) a new species is listed or critical habitat determined that may be affected by the identified action. 3 t Summary and Recommendations The Service believes that if the same measures applied in Phase 3A for avoidance and minimization of wetland impacts are used in the present phase,the project would comply with the 404(b)(1) guidelines. If all impacts to streams and wetlands are temporary,no compensatory mitigation would be required. The Service appreciates the opportunity to comment on this PN. Please advise us of any action taken by the Wilmington District, Corps of Engineers. If you have questions regarding these comments,please contact Howard Hall at 919-856-4520 (Ext. 27) or by e-mail at howard hall(a-;fws.gov for wetland and manatee issues or Dale Suiter(Ext. 18) or by email at DaleSuiter&ws.gov for section 7 issues regarding listed plants. Sincerely, 1110., 4 in Garland B ardue,Ph.D. Ecological Services Supervisor Enclosure cc: Kathy Matthews,US EPA,Athens, GA Ron Sechler,National Marine Fisheries Service, Beaufort,NC z-Doug Huggett,NC Division of Coastal Management,Raleigh,NC Bennett Wynne, NC Wildlife Resources Commission, Kinston,NC John Dorney,NC Division of Water Quality, Raleigh,NC 4 R RECEIVE[ JUN 0 2 2003 OF COASTAL MmAgEMENT RALMH ® North Carolina Wildlife Resources Commission 9 Charles R.Fullwood,Executive Director MEMO TO: Doug Huggett Division of Coastal Management John Dorney Division of Water Quality Angie Pennock Army Corps of Engineers FROM: Bennett Wynne 40V Habitat Conservation Program DATE: May 30, 2003 SUBJECT: CAMA/Dredge & Fill, 401, and 404 permit applications for EasternNC Phase IVA Natural Gas Pipeline Project and APEC Fiber Optic Conduit, Pender and New Hanover Counties,North Carolina. The North Carolina Wildlife Resources Commission has reviewed the project for impacts to wildlife and fishery resources. Our comments are provided in accordance with provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.), Section 401 of the Clean Water Act (as amended), and the Coastal Area Management Act (G.S. 113A- 100 through 113A-128). The applicants propose to install 15.7 miles of natural gas and fiber optic lines along DOT rights-of-way and Progress Energy power line easements in Pender and New Hanover Counties. A total of 26 wetlands would be crossed by these lines, but as reported no net loss of wetland area would occur. Wetlands having greater than 1 acre of impact or associated with streams would be avoided by horizontal directional drilling (HDD). Wetland areas of impact less than 1 acre or those that are isolated would receive open cut line installation with reintroduction of wetland soils to original grade and vegetation. Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center• Raleigh,NC 27699-1721 Telephone: (919) 733-3633 ext.281 9 Fax: (919) 715-7643 EasternNC Gas& Optic Line 2 05/30/03 It is our understanding the project would involve 5 stream crossings;Northeast Cape Fear River(2 crossings), Fishing Creek (1 crossing), and unnamed tributaries of Turkey Creek (2 crossings). The Northeast Cape Fear River and Fishing Creek are anadromous fish spawning areas and would be avoided by HDD installation of lines. The open cut method of line installation is to be used on the unnamed tributaries of Turkey Creek, but would avoid the February 15 to June 30 peak spawning period of resident fishes. Surveys and evaluations for listed species were done by Environmental Services, Inc. and resulted in a finding that the project area has suitable habitat for the federally listed Cooley's meadowrue, golden sedge, and rough-leaved loosestrife. Systematic surveys for these 3 plant species will be performed during the appropriate season prior to project construction. We appreciate the applicant's commitment to using HDD technology to the greatest extent practicable as it alleviates many of our concerns regarding stream and wetland impacts. We have some concern, however, that the open cut installations across the unnamed tributaries of Turkey Creek may degrade more sensitive waters downstream. Consequently, we recommend that these open cuts be made during low stream flows and be accompanied by the deployment of silt or turbidity curtains to control suspended sediments. Also, should subsequent surveys detect the presence of any of the 3 listed plant species, we recommend that the project route be altered or the plants be effectively transplanted to an unoccupied site of suitable habitat. Thank you for the opportunity to comment. If you have questions, please can me at (252) 522-9736. Cc: Melba McGee, Office of Legislative &Intergovt. Affairs W A rFRP Michael F. Easley, Governor O G William G. Ross Jr., Secretary r > North Carolina Department of Environment and Natural Resources O Alan W. Klimek, P.E. Director Division of Water Quality May 21, 2003 Mr. John Monaghan Progress Energy 410 S. Wilmington Street PEB 18 Raleigh, NC 27602 Mr. John Whalen APEC 5234 Greens Dairy Road Raleigh,NC 27616 SUBJECT: Approval of 401 Water Quality Certification and Additional Conditions Eastern NC Pipeline Project—Phase 4A APEC Fiber-Optic Conduit—Phase 4A DWQ Project#030402 Pender and New Hanover County Dear Mr. Monaghan and Mr. Whalen: You have our approval, in accordance with the attached conditions(WQC #3400)to conduct the following activity in Pender and New Hanover County in the Cape Fear River Basin. This approval allows you to: 1). Install 15.7 miles of 12"natural gas pipeline and fiber-optic conduit primarily within existing power line easements and NC Department of Transportation right-of-ways. The installation will temporarily impact 7.3 acres of 404 wetlands and 384 square feet of 2 perennial streams. In addition, 1.6 acres of 404 wetlands and 3 perennial streams will be horizontally directionally drilled. This approval is only valid for the purpose and design that you described in your CAMA application and plans received by the Division of Water Quality(DWQ)on May 12, 2003. After reviewing your application and plans, we have determined that General Water Quality Certification Number 3400 covers this activity. This Certification allows you to use your CAMA Permit when the NC Division of Coastal Management issues it. Please keep in mind that there may be additional Federal, State or Local regulations applicable to your project, such as(but not limited to) Sediment and Erosion Control,Non- Discharge and Water Supply Watershed regulations and Coastal Stormwater. In addition,this approval will expire when the accompanying CAMA Permit expires unless otherwise specified in the General Certification. N.C.Division of Water Quality 127 Cardinal Drive Extension (910)395-3900 Customer Service &„_, Wilmington Regional Office Wilmington, NC 28405 (910)350-2004 Fax , 1 800 623-7748 f_Zb,_P Mr. Monaghan and Mr. Whalen DWQ Project#030402 May 21, 2003 .� This approval is only valid for the purpose and design that you described in your CAMA Major Permit application received by the Division of Coastal Management. If you change or modify your project,you must notify the Division(DWQ) in writing and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future)exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid,you must follow the conditions listed in the attached certification and the additional conditions listed on the following page: 1). The edge of the construction corridor shall not be installed parallel to and closer than 10 feet(3 meters) to a stream and 25 feet in waters classified as HQW. Utility lines shall not cross a stream channel at other than a near-perpendicular direction(i.e., stream channel crossings shall not be at an angle of less than 75 degrees or more than 105 degrees to the stream bank); 2). Placement of rip rap is restricted to the stream bottom and banks directly impacted by the placement of the utility line.Rip rap may only be used below the normal high water level. The stream cross section must be restored to its original grade and elevation. Placement of rip rap or other materials shall not result in de-stabilization of the stream bed or banks upstream of downstream of the crossing; 3). Annual native species suitable for wet locations shall be planted and established within jurisdictional wetlands for soil and erosion control. Perennials such as fescue are prohibited; 4). The construction corridor(including access roads and stockpiling of materials) is limited to 40 feet(12.2 meters)in width in wetlands and across stream channels and must be minimized to the maximum extent practicable; 5). In order to prevent violations of the turbidity standards(50 NTU's in streams and rivers not designated as trout waters by DWQ; 25 NTU's in all saltwater classes, and all lakes and reservoirs;) full compliance with the Division of Land Resources Approved Sedimentation and Erosion Control Plan is required. 6). The attached Certification of Completion form and a post-construction report, that shall include a pre and post-construction survey along with information on the re-vegetation effort,must be submitted to DWQ Wilmington Regional Office and the DWQ Wetlands Unit Office in Raleigh when all work included in the 401 Certification has been completed. Please notify this Office at the number listed below if any problem arises during the construction of the project that may affect water quality. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition conforming to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. 2 Mr. Monaghan and Mr. Whalen DWQ Project#030402 May 21, 2003 This letter completes the review of the DWQ Permit#030402 under Section 401 of the Clean Water Act. If you have any questions,please telephone Noelle Lutheran or Rick Shiver at 910-395-3900. Sincerely, Alan W.Klimek, P.E.,Director Division of Water Quality Attachments: GC#3400 Certificate of Completion cc: Mr. Josh Witherspoon, Environmental Services, Inc. Corps of Engineers Wilmington Field Office—Henry Wicker WiRO-Noelle Lutheran 401/Wetland Unit, Central Office—Cyndi Karoly CAMA—Joanne Steenhuis CAMA Raleigh—Doug Huggiltt Central Files 3 RECEIVED MEMORANDUM MAY 2 0 2003 TO: Doug Huggett Major Permits & Consistency Coordinator OF COASTAL RALEIGH G FROM: James E. Rosich, AICP Wilmington District Planner SUBJECT: CAMA Land Use Plan Consistency Determination: Eastern North Carolina Natural Gas— New Hanover County& Pender County DATE: May 16, 2003 The applicant is proposing to install approximately 15.7 miles of natural gas pipelines and fiber optic lines in Pender County and New Hanover County. Most of the project will occur within existing power line easements and NC Department of Transportation (NCDOT) right-of-ways. According to the Division's Field Investigation Report, work will occur in the following Areas of Environmental Concern (AECs): Coastal Shorelines, Estuarine Waters and Public Trust Area. This project has been reviewed for consistency with the Wilmington-New Hanover County CAMA Land Use Plan Update & Comprehensive Plan, 1997-2010 (as amended) and the 1991 Pender County Land Use Plan Update (as amended). This project appears to be consistent with both Land Use Plans (LUPs)provided all local, state, and federal regulations are met. The table below lists the five waterbodies that will be crossed along the transmission route, and impacts associated with the crossings. MOW �E } Unnamed Tributary of Turkey Creek Pender& 117 square feet of temporary B-Sw New Hanover impacts too en waters Unnamed Tributary of Turkey Creek Pender& 266 square feet of temporary C-Sw New Hanover impacts too en waters NE Cape Fear River—West of US 117 New Hanover N/A—horizontal directional drilling C-Sw will avoid impacts NE Cape Fear River—East of US 421 Pender N/A—horizontal directional drilling C-Sw will avoid impacts Fishing Creek Pender N/A—horizontal directional drilling C-Sw will avoid impacts New Hanover County LUP The land classification for the New Hanover County portion of this project is Conservation. The purpose of the Conservation classification is to provide for effective long-term management and protection of significant, limited or irreplaceable natural resources while also protecting the rights of the property owner. Water-dependent uses, including (but not limited to) utility easements, are allowed within this classification. The following LUP policies are applicable to this project: Resource Protection—Natural Resource Constraints Policy 3.4: Ensure the protection of coastal and federally regulated wetlands that have important functional significance through early identification in the development process. Review of development proposals should seek to achieve the hierarchical goals of avoidance, minimization and/or compensation. According to the permit application submitted by Environmental Services Inc., the proposed alignment will avoid and minimize wetland impacts through collocation on existing powerline easements and NCDOT road right-of-ways. Use of horizontal directional drilling (HDD) will avoid wetlands impacts at the three crossings listed in the table. Transportation - Environment Policy 4.1: Priority shall be given to environmental concerns, in particular water quality and surface water management, when considering the construction and maintenance of transportation facilities. Reasonable and feasible road construction and design alternatives to protect water quality should be considered for all projects. Impacts to the two unnamed tributaries of Turkey Creek will be temporary. As such, this project appears to be consistent with the LUP. Pender County LUP The land classifications for the Pender County portion of this project are Conservation (AECs), Rural (utility easements) and Limited Transition (highway corridors). The purpose of the Conservation classification is to provide for the effective long-term management and protection of significant, limited or irreplaceable areas. The purpose of the Limited Transition classification is to provide for development in areas that will have some services, but are suitable for lower densities and may be geographically remote from existing towns and municipalities. The purpose of the Rural classification is to provide for agriculture, forestry, mineral extraction and other allied uses traditionally associated with an agrarian region. The Pender County LUP states: Resource Protection -Areas of Environmental Concern and Appropriate Land Uses in AECs-Pender County will permit those land uses which conform to the general use standards of the North Carolina Administrative Code (15A NCAC 7H). As such, this project appears to be consistent with the LUP. cc: Charles Jones, DCM Joanne Steenhuis, DCM Dexter Hayes, New Hanover County Johnny Sutton, Pender County DEPARTMENT OF THE ARMY WILMINGTON DISTRICT,CORPS OF ENGINEERS PO BOX 1890 �'• WILMINGTON NC 28402-1890 = May 14, 2003 Regulatory Division RECEIVED Action ID No. 200300493 MO 1 9 2003 OFCOASTAL MA RA L MEIVT Eastern North Carolina Natural Gas PA4,s-e c/o Mr. John M. Monaghan Post Office Box 1551-PEB 18 Raleigh,North Carolina 27602 Albe%arle-Pamlico Economic Development Corporation c/o Mr. John Whalen 5234 Greens Dairy Road Raleigh,North Carolina 27616 Dear Sirs: Please reference your request for the Department of the Army(DA) authorization to temporarily impact approximately 7.3 acres of Section 404 jurisdictional wetlands and approximately 40 linear feet of stream channels to facilitate the installation of 15.7 miles of natural gas transmission line and fiber optic cable conduit within the Cape Fear and Northeast Cape Fear River Basins, in Pender and New Hanover Counties,North Carolina. On February 6, 1990, the Department of the Army(DA) and the U.S. Environmental Protection Agency(EPA) signed a memorandum of agreement (MOA) establishing procedures to determine the type and level of mitigation necessary to comply with Clean Water Act Section 404(b)(1) Guidelines. This MOA provides for first, avoiding impacts to waters and wetlands through the selection of the least damaging, practical alternative; second, taking appropriate and practical steps to reduce impacts on waters and wetlands; and finally, compensation for remaining unavoidable impacts to the extent appropriate and practical. To enable us to process your application, in compliance with the MOA, we request that you provide the following additional information: a. Permits for work within wetlands or other special aquatic sites are available only if the proposed work is the least environmentally damaging,practicable alternative. Please furnish information regarding any other alternatives, including upland alternatives, to the work for which you have applied and provide justification that your selected plan is the least damaging to water or wetland areas. -2- b. It is necessary for you to have taken all appropriate and practicable steps to minimize wetland losses. Please indicate all that you have done, especially regarding development and modification of plans and proposed construction techniques, to minimize adverse impacts. c. The MOA requires that appropriate and practicable mitigation will be required for all unavoidable adverse impacts remaining after all appropriate and practicable minimization has been employed. Please indicate your plan to mitigate for the projected, unavoidable loss of waters or wetlands or provide information as to the absence of any such appropriate and practicable measures. The aforementioned, requested information is essential to the expeditious processing of your application and should be forwarded to us within two (2) weeks of your receipt of this letter. Also, you should be aware that State and Federal commenting agencies may recommend design modifications. If you have questions or comments, please do not hesitate to contact me at (910) 251-4923. Sincerely, Jennifer S. Frye Regulatory Specialist Wilmington Regulatory Field Office Copies Furnished: Mr. Jeff Harbour Environmental Services, Inc. 524 New Hope Road Raleigh, North Carolina 27610 Ms. Kathy Matthews Wetlands Regulatory Section - Region W U.S. Environmental Protection Agency Atlanta Federal Center 61 Forsyth Street Atlanta, Georgia 30303 -3- Ms. Noelle Lutheran Division of Water Quality North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405-3845 Mr. Doug Huggett Di ision of Coastal Management orth Carolina Department of Environment and Natural Resources 1638 Mail Service Center Raleigh, North Carolina 27699-1638 Mr. John Dorney Division of Water Quality North Carolina Department of Environment and Natural Resources 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Mr. Garland Pardue U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary May 12, 2003 MEMORANDUM TO: Dan Sams 20 �E�V�D for: Mr. James Simons, Director Division of Land Quality MAY 1 5 2003 FROM: Doug Huggett DIV.OF COASTAL MANAGEMENT Major Permits Processing Coordinator RALEIGH SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Progress Energy and APEC Project Location: Pender and New Hanover Counties Proposed Project: To install natural gas and fiber optic line primarily within existing power line easements and NC Department of Transportation right-of-ways. Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 4, 2003. If you have any questions regarding the proposed project, please contact Joanne Steenhuis at Ext. 254. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. Erosion and Sediment Control Plan application and approval is required for this project. This agency objects to the project for reasons described in the attached comments. SIGNED DATE ly AY 130 2003 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-395-3900\Fax: 910-350-2004\Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper a © 3 RECEIVED ---� NCDENR- MAY 2 7 2003 North Carolina Department of Environment and Natural Resou raft OF COASTAL MANAGEMENT Division of Coastal Management RALMOH Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary May 12, 2003 MEMORANDUM { TO: Ms. Noelle Lutheran i MAY I20103 ' for: Mr. Alan W. Klimek, P.E., Director Division of Water Quality ...,._ _ FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Progress Energy and APEC Project Location: Pender and New Hanover Counties Proposed Project: To install natural gas and fiber optic line primarily within existing power line easements and NC Department of Transportation right-of-ways. Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 4, 2003. If you have any questions regarding the proposed project, please contact Joanne Steenhuis at Ext. 254. When appropriate, in-depth comments with supporting data is requested. REPLY: his agency has no objection to the project as proposed.,4)-- This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED, C-L,�_ �--,e� c 4 2, DATE �-Z ZOQ 3 t 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-395-3900\Fax: 910-350-2004\Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper NCDENR �� JD3 ON North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary May 15, 2003 MEMORANDUM T ._ RECEIVED, TO: Mr. Roberto Canales State Construction/Materials Branch JUN 0 4 2003 HAY 2 9 ?Up3 Division of Highways Del.OF CO�TL GEMENT FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: PROGRESS ENERGY (JOHN MONOHAN) AND APEC (JOHN WHALEN), PHASE IVA PROJECT LOCATION: PENDER AND NEW HANOVER COUNTIES. PROPOSED PROJECT: INSTALL A 15.7 MILE OF NATURAL GAS AND FIBER OPTIC LINE PRIMARILY WITHIN EXISTING POWER LINE EASEMENTS AND N.C. DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAYS.ILL FOR FOUR ADDITIONAL ROAD CROSSINGS. Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 5, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 244. When appropriate, in-depth comments with supporting data is requested. REPLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. This agency objects to the project for reasons described in the attached comments. SIGNED �) DATE -L-9 4:�? 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper ► a3 RECEIVED MCDENR 5� '��'� MAY 16 9nnz North Carolina Department of Environment and Natural Resource Division of Coastal Management Mate Property Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary May 15,2003 MEMORANDUM d CEIVED TO: Mr. Joseph H. Henderson, Director MAY 2 7 2003 State Property Office DjV.0FC0ASTALMANAGEMrENT Department of Administration RALE10H FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: PROGRESS ENERGY (JOHN MONOHAN) AND APEC (JOHN WHALEN), PHASE IVA PROJECT LOCATION: PENDER AND NEW HANOVER COUNTIES. PROPOSED PROJECT: INSTALL A 15.7 MILE OF NATURAL GAS AND FIBER OPTIC LINE PRIMARILY WITHIN EXISTING POWER LINE EASEMENTS AND N.C. DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAYS.ILL FOR FOUR ADDITIONAL ROAD CROSSINGS. Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 5, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 244. When appropriate, in-depth comments with supporting data is requested. REPLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. This agency objects to the project for reasons described in the attached comments. SIGNED DATE s l)3 1638 "Service , Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper Q LL ? 2003 NCDENR _ North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary May 12, 2003 RECEIVE MEMORANDUM MAY 14 ?hI TO: Mr. Charles F. Stehman, P.G., Ph.D. DW.OF COASTAL MANAGEMENT Division of Water Quality/Groundwater Section RALEIGH FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Progress Energy and APEC Project Location: Pender and New Hanover Counties Proposed Project: To install natural gas and fiber optic line primarily within existing power line easements and NC Department of Transportation right-of-ways. Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 4, 2003. If you have any questions regarding the proposed project, please contact Joanne Steenhuis at Ext. 254. When appropriate, in-depth comments with supporting data is requested. REPLY: ✓ This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE OS 113 1 63 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-395-3900\Fax: 910-350-2004\Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper JUN 10 2003 NCDENR North Carolina Department of Environment and Natural Res MP HABITAT PROTECTION Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary May 12, 2003 MEMORANDUM TO: Fritz Rohde Mr. Preston P. Pate, Jr., Director Division of Marine Fisheries FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Progress Energy and APEC Project Location: Pender and New Hanover Counties Proposed Project: To install natural gas and fiber optic line primarily within existing power line easements and NC Department of Transportation right-of-ways. Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 4, 2003. If you have any questions regarding the proposed project, please contact Joanne Steenhuis at Ext. 254. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. 0 SIGNED C� l.� r DATE b 0 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-395-3900\Fax: 910-350-2004\Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary May 12, 2003 MEMORANDUM TO: Mr. James Rosich, Community Planner DCM/WiRO FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Progress Energy and APEC Project Location: Pender and New Hanover Counties Proposed Project: To install natural gas and fiber optic line primarily within existing power line easements and NC Department of Transportation right-of-ways. Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 4, 2003. If you have any questions regarding the proposed project, please contact Joanne Steenhuis at Ext. 254. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-395-3900\Fax: 910-350-2004\Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper --AyA �� MAY 16 2003 JUN 2 3 2003 - NCDERR DiV.OF COASTALMANAGE%1- RALEIN rth Carolina Department of Environment and Natural ResoulK PF��SERVAT*NOFPICE Division of Coastal Management Michael F. Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary May 15, 2003 �r oz.— i 0lle3 MEMORANDUM z-t�fi �5 A (oJ TO: Ms. Renee Gledhill-Early, DirectorD Division of Cultural Resources Archives & History Building I I03 FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: PROGRESS ENERGY (JOHN MONOHAN) AND APEC (JOHN WHALEN), PHASE IVA PROJECT LOCATION: PENDER AND NEW HANOVER COUNTIES. PROPOSED PROJECT: INSTALL A 15.7 MILE OF NATURAL GAS AND FIBER OPTIC LINE PRIMARILY WITHIN EXISTING POWER LINE EASEMENTS AND N.C. DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAYSALL FOR FOUR ADDITIONAL ROAD CROSSINGS. Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 5, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 244. When appropriate, in-depth comments with supporting data is requested. REPLY This agency has no objection to the project as proposed. �� This agency has no comment on the proposed project. This agency approves of the project, only if the recommended c ges incorporated. (?jMW.44 This c ob'ec s o the ro'ect r re ons described in the attac ed comments.` Y J p J SIGNED DATE 04 Lqc)�5 RECEIVED MAY 21 1003 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\ Internet: http://dcm2.enr,state.ne.us An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper MAY 2 0 2003 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley,Governor Donna D. Moffitt, Director William G. Ross Jr.,Secretary May 15, 2003 MEMORANDUM RECOVED AUG 2 8 2003 TO: Linda Sewall, Director Division of Environmental Health 3,v'5 QN.OF g FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: PROGRESS ENERGY (JOHN MONOHAN) AND APEC (JOHN WHALEN), PHASE IVA PROJECT LOCATION: PENDER AND NEW HANOVER COUNTIES. PROPOSED PROJECT: INSTALL A 15.7 MILE OF NATURAL GAS AND FIBER OPTIC LINE PRIMARILY WITHIN EXISTING POWER LINE EASEMENTS AND N.C. DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAYS.ILL FOR FOUR ADDITIONAL ROAD CROSSINGS. Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 5, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 244. When appropriate, in-depth comments with supporting data is requested. REPLY T is agency has no objection to the project as proposed. This agency has no comment on the proposed project. 6 - This agency approves of the project, only if the recommended changes are incorporated. T s agency objects to the project for reasons described in the attached comments. SIGNED /Uh M10 "� 't')�'r DATE 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper All _ MAY 19 2003 NCDENR DIASt4N OF North Carolina Department of Environment and Natural Resources 'NATER RES )URCM Division of Coastal Management Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary w May 15,2003 MEMORANDUM TO: Mr. John Sutherland, Chief 2003 Water Planning Section Division of Water Resources ;aWoMOMION , FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: PROGRESS ENERGY (JOHN MONOHAN) AND APEC (JOHN WHALEN), PHASE IVA PROJECT LOCATION: PENDER AND NEW HANOVER COUNTIES. PROPOSED PROJECT: INSTALL A 15.7 MILE OF NATURAL GAS AND FIBER OPTIC LINE PRIMARILY WITHIN EXISTING POWER LINE EASEMENTS AND N.C. DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAYS.ILL FOR FOUR ADDITIONAL ROAD CROSSINGS. Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 5, 2003. If you have any questions regarding the proposed project, please contact Doug Huggett at (919) 733-2293, ext. 244. When appropriate, in-depth comments with supporting data is requested. REPLY This agency has no objection to the project as proposed. ,A__� This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 7 7 d� 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733-1495\ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper JUL-08-2003 10:43 JACKSONUILLE r DISTRICT 910346eo30 P.02 MU RfGk,VeD � s' NCDENR � North Carolina Department of Envjronment and Natural Resources Division of Coastal Management Michael F, f alley, Governor Donna D, Moffitt, Director William G, Ross Jr., Secretary `Is,, 15, 2003 FENDER MAINT. JUN 1 6 2N3 MEMORANDUM TO: Mr. Roberto Canales State Construction/Materials Branch Division of Highways FROM- Doug Huggett Major.Permits Processing Coordinator SUBJECT: LAMA PERMIT APPLICATION REVIEW APPLICA,'NT: PROGRESS ENERGY (JOHN MONOHAN) AND APEC (JOHN WHALEN), PHASE IVA I s S� PROJECT LOCATION; PENDER AND NEW HANOVER COUNTIES. PROPOSED PROJECT: INSTALL A 15.7 MILE OF NATURAL GAS AND FIBER OPTIC LINE PRIMARILY WITHIN EXISTING POWER LINE EASEMENTS AND N.C. DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAYS.ILL FOR FOUR ADDITIONAL ROAD CROSSINGS. Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 5, 2003. If you have any questions regarding the proposed project, please contact Doug ,I4uggett at (919) 733-2293, ext. 244. When appropriate, in-depth comments with supporting data is requested. REPLY v This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. This agency objects to the project for reasons described in the attached comments. SIGNED �v DATE � 03 lkfo* Q^` WF �IvJ 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293\FAX: 919-733.1495\ Internet: http://dcm2.enr.state.ne.us An Equal Opportunity\Affirmative Action Employer-50°b Recycled\10%Post Consumer Paper TnTAI P X) DECEIVED DEPARTMENT OF THE ARMY MAY 0 7 2003 Wilmington District, Corps of Engineers Post Office Box 1890 W,0FC0A$TALMAN 2*NT Wilmington,North Carolina 28402-1890 MLEw ACTION ID: 200300493 May 5, 2003 PUBLIC NOTICE Eastern North Carolina Natural Gas (ENCNG), a Division of Progress Energy, c/o Mr. John M. Monaghan,Post Office Box 1551-PEB 18, Raleigh,North Carolina 27602, and the Albemarle-Pamlico Economic Development Corporation (APEC), c/o W. John Whalen, 5234 Greens Dairy Road, Raleigh,NC 27616, have applied for a Department of the Army(DA) individual permit TO TEMPORARILY IMPACT APPROXIMATELY 7.3 ACRES OF DA JURISDICTIONAL WETLANDS AND APPROXIMATELY 40 LINEAR FEET OF STREAM CHANNELS TO FACILITATE THE INSTALLATION OF 15.7 MILES OF NATURAL GAS TRANSMISSION LINE AND FIBER OPTIC CABLE CONDUIT WITHIN THE CAPE FEAR AND THE NORTHEAST CAPE FEAR RIVER BASINS,IN NORTH CAROLINA. The proposed project is located within existing Progress Energy powerline easements and within maintained North Carolina Department of Transportation (NCDOT) right-of-ways in Pender and New Hanover Counties. This project represents Phase 4A of a multiphased project that began in 2001. Previous Phases (Phases 1, 2 and 7)were authorized under the authority of Nationwide Permit 12. Authorized wetland impacts for those phases total 2.63 acres, of which 1.43 acres resulted in a change in plant community(forest to herbaceous) and compensatory mitigation was required and completed. Phase IIIA is presently being reviewed through the individual permit process. Proposed impacts for Phase IRA include temporary impacts to approximately 22.7 acres of wetland and 540 linear feet of stream channels. The following description of this project is taken from data provided by the applicant and from observations made during onsite inspections by representatives of the Corps of Engineers. ENCNG proposes to install an additional 15.7 miles of natural gas transmission line utilizing horizontal directional drilling(HDD) and excavated trench methodologies. The Phase 4A project will begin in an existing Progress Energy powerline easement located on SR 1517,just south of NC Highway 210 and Interstate 40 intersection in Pender County and will terminate at the Sutton Power Plant west of US Highway 421, in New Hanover County. The transmission system will consist of 12-inch diameter pipe. The gas line is being installed primarily to serve residential,commercial and industrial customers. APEC will install the fiber optic conduit concurrently with the natural gas pipeline construction. The construction corridor is approximately 20 feet wide. The project crosses a total of 5 waterbodies. Three perennial streams will be directionally bored. Smaller streams will be crossed using open-cut techniques. The project will cross 24 separate wetland areas located within NCDOT right-of-ways and Progress Energy powerline easements. Wetland types to be crossed include Coastal Plain small stream swamp,cypress-gum swamp, Coastal Plain bottomland hardwood forest and successional shrub/scrub and herbaceous wetlands. Larger wetland areas will be directionally bored. Open trench methodology will be utilized in smaller wetland crossings. The applicant proposes to utilize HDD methods to avoid impacts to Areas of Environmental Concern as designated by the North Carolina Division of Coastal Management. Forested wetlands will not be impacted by this project. Conversion of wetland community types is not proposed. The applicant also agrees to avoid or minimize impacts to streams containing anadromous fish spawning and rearing habitat. The applicant does not propose compensatory mitigation for this project. Plans showing the work are included with this public notice. The plans and additional information provided by the applicant detailing avoidance and minimization efforts can also be reviewed at the Wilmington Regulatory Field Office,U. S. Army Corps of Engineers Wilmington District, 69 Darlington Avenue,Wilmington,North Carolina 28403. This proposal shall be reviewed for the applicability of other actions by North Carolina agencies such as: a. The issuance of a Water Quality Certification under Section 401 of the Clean Water Act by the North Carolina Division of Water Quality(NCDWQ). b. The issuance of a permit to dredge and/or fill under North Carolina General Statute 113-229 by the North Carolina Division of Coastal Management (NCDCM). c. The issuance of a permit under the North Carolina Coastal Area Management Act (CAMA)by the North Carolina Division of Coastal Management(NCDCM) or their delegates. d. The issuance of an easement to fill or otherwise occupy State-Owned submerged land under North Carolina General Statute 143-341(4), 146-6, 146-11, and 146-12 by the North Carolina Department of Administration(NCDA) and the North Carolina Council of State. e. The approval of an Erosion and Sedimentation control Plan by the Land Quality Section,North Carolina Division of Land Resources (NCDLR),pursuant to the State Sedimentation Pollution Control Act of 1973 (NC G.S. 113 a-50-66). 2 a The State of North Carolina will review this public notice to determine the need for the applicant to obtain any required State authorization. No Department of the Army(DA)permit will be issued until the coordinated State viewpoint on the proposal has been received and reviewed by this agency, nor will a DA permit be issued until the North Carolina Division of Water Quality (NCDWQ)has determined the applicability of a Water Quality Certificate as required by PL 92-500. This application is being considered pursuant to Section 404 of the Clean Water Act(33 U.S.C. 1344)and Section 10 of the Rivers and Harbors Act of 1899. Any person may request,in writing within the comment period specified in the notice, that a public hearing be held to consider this application. Requests for public hearing shall state, with particularity, the reasons for holding a public hearing. The District Engineer has consulted the latest published version of the National Register of Historic Places for the presence or absence of registered properties, or properties listed as being eligible for inclusion therein, and this site is not registered property or property listed as being eligible for inclusion in the Register. Consultation of the National Register constitutes the extent of cultural resource investigations by the District Engineer, and he is otherwise unaware of the presence of such resources. Presently, unknown archeological, scientific, prehistoric, or historical data may be lost or destroyed by work under the requested permit. Based upon available information, the proposed activity will be constructed in an area where potential habitat exists for Cooley's meadowrue (Thalicturm cooleyi), golden sedge (Carex lutea), and rough-leaved loosestrife (Lysimachia asperulaefolia). These species are federally listed as endangered or threatened pursuant to the Endangered Species Act of 1973. Presently the applicant is conducting species-specific surveys to determine potential impact to those species. The decision whether to issue a permit will be based on an evaluation of the probable impacts, including cumulative impacts, of the proposed activity and its intended use on the public interest. Evaluation of the probable impacts which the proposed activity may have on the public interest requires a careful weighing of all those factors which become relevant in each particular case. The benefits which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. The decision whether to authorize a proposal, and if so the conditions under which it will be allowed to occur, are therefore determined by the outcome of the general balancing process. That decision should reflect the national concern for both protection and utilization of important resources. All factors which may be relevant to the proposal must be considered including the cumulative effects thereof. Among those are conservation,economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards and flood plain values (in accordance with Executive Order 11988), land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs,considerations of property ownership, and, in general, the needs and welfare of the people. For activities involving the placement of dredged or fill materials in waters of the United States, a permit will be denied if the discharge that would be authorized by such permit would not 3 comply with the Environmental Protection Agencies'404(b)(1) guidelines. Subject to the preceding sentence and any other applicable guidelines or criteria, a permit will be granted unless the District Engineer determines that it would be contrary to the public interest. The Corps of Engineers is soliciting comments from the public;Federal, State and local agencies and officials; Indian Tribes and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to determine whether to issue,modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment(EA) and/or an Environmental Impact Statement (EIS)pursuant to the National Environmental Policy Act (NEPA). Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. Generally, the decision whether to issue this Department of the Army (DA) permit will not be made until the North Carolina Division of Water Quality(NCDWQ)issues, denies, or waives State certification required by Section 401 of the Clean Water Act. The NCDWQ considers whether or not the proposed activity will comply with Sections 301, 302, 306, and 307 of the Clean Water Act. The application and this public notice for the Department of the Army (DA)permit serves as application to the NCDWQ for certification. Additional information regarding the Clean Water Act certification may be reviewed at the offices of the Wetlands/401 Unit,NCDWQ, 2321 Crabtree Boulevard,Raleigh,North Carolina 27604=2260. Copies of such materials will be furnished to any person requesting copies upon payment of reproduction cost. Written comments pertinent to the proposed work,as outlined above, will be received in the Corps of Engineers,Wilmington District,Wilmington Regulatory Field Office,Attn: Ms.Jennifer Frye,Post Office Box 1890,Wilmington,North Carolina, 28402- 1890,until 4:15 p.m.,June 5,2003, Question can be directed to Ms.Frye at telephone (910) 251-4923. 4 /',,/ DECEIVED 8R8 MAY 0 2 2003 T�m� ono °�v.oFro�WON North Carolina Department of Cultural Resources State Historic Preservation Office David L.S. Brook,Administrator Michael F. Easley, Governor Division of Historical Resources Lisbeth C. Evans, Secretary David J. Olson, Director Jeffrey J. Crow, Deputy Secretary April 28, 2003 Scott Seibel Environmental Services, Inc. 524 New Hope Road Raleigh, North Carolina 27610 RE: Report:An Intensive Cultural Resource Investigation:Eastern North Carolina Natural Gas Phase I VA, Pender and New Hanover Counties, North Carolina. (ER 02-10163) Dear Mr. Seibel: We have received the archaeological survey report for the above project from Environmental Services Inc. and would like to comment. Although the prehistoric background appears to be fairly well researched, the historical background fails to address the history specifically pertaining to the area through which the proposed pipeline will pass. Survey Area 1 passes through a former colonial plantation called Cowpens. Survey Area 2 passes through the former Rose Hill and Point Pleasant Plantations. Survey Area 3 passes through the former Swann Point and The Oak Plantations. Prominent colonists who individually played important roles in the history of North Carolina developed all of these plantations, and in some cases, made them their primary residences. Undocumented Civil War earthworks are located very near the area where the proposed pipeline will cross NC 117 and turn northward toward Rocky Point. This fortification became significant following the Confederate evacuation of Wilmington as the Confederates attempted to stall the advancement of the Union army across the Northeast Cape Fear River at Castle Hayne. Cornwallis's army also utilized this area as it marched northward from Wilmington to Virginia. In consideration of previous research it was noted that the 1977-78 New Hanover County Archaeological Survey (bib# 632) was not referenced. This survey located 7 prehistoric sites in very close proximity to the proposed pipeline in Survey Area 2. No mention was made of www.hpo.dcr.state.nc.us Location Maillnq Address Telephone/Fax ADMINISTRATION 507 N.Blount St.,Raleigh NC 4617 Mail Service Center,Raleigh NC 276994617 (919)7334763 •733-8653 RESTORATION 515 N.Blount St.,Raleigh NC 4613 Mail Service Center,Raleigh NC 276994613 (919)733-6547 •715-4801 SURVEY&PLANNING 515 N.Blount St.,Raleigh NC 4618 Mail Service Center,Raleigh NC 276994618 (919)733-6545 •7154801 April 28, 2003 Page 2 Wilson Angley's historical research of Rose Hill (1988) or Swann Point Plantation (bib# 1740). Likewise, no mention can be found of Clauser and Oliver's 1984 field investigation at Swann Plantation Development (bib# 1742). Historical research pertinent to the project area should be undertaken and included in the Historical Background section of the report. All pertinent previous research should be discussed in the Previous Research section of the report. Considering the historical background and previous research, the scope of work should be reassessed and additional fieldwork performed on the high ground areas east of Survey Area 3. A pedestrian survey should be utilized in areas where ground visibility permits in conjunction with shovel tests. Previously recorded sites adjacent to the proposed pipeline should be relocated and assessed to determine if the pipeline or construction activity associated with its installation will adversely impact these sites. The results of these assessments should be included in the report. If cultural material is found in areas that are considered disturbed, an explanation of the criteria used to make this assessment should be included in the report. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill-Earley, environmental review coordinator, at 919/733-4763. In all future communication concerning this project,please cite the above- referenced tracking number. Sincerely, Ura-vid Brook cc: V Doug Huggett, DCM ACOE/Wilmington Regulatory ENVIRONMENTAL SERVICES, INC. 524 NEW HOPE ROAD RALEIGH, NORTH CAROLINA 27610 (919) 212-1760 March 31,2003 Ms. Joanne Steenhuis N.C. Division of Coastal Management Wilmington Regional Office 127 Cardinal Drive Ext. Wilmington,NC 28405 Re: EasternNC Natural Gas Pipeline Phase 4A Ms. Steenhuis: Environmental Services, Inc., (ESI) is pleased to submit the attached CAMA permit applications on behalf of Eastern NC Natural Gas (EasternNC) for the Phase 4A Pipeline and the APEC Fiber Optic Project. Separate applications are included for both EasternNC and APEC. A disk of the Corps of Engineers (COE) data forms is included. The application fee of$475 is also attached. Upon the completion of your review, I will forward you as many copies as you need. Names and addresses of riparian property owners are also included. ESI is also submitting one initial copy to Jennifer Frye of COE for review concurrently with this CAMA submittal. DWQ will be receiving their copies within a few days. Please do not hesitate to call Jeff Harbour or me if you have any questions regarding this submittal. Please contact us when you have called the application complete so that we can keep EasternNC abreast of the time table associated with this project. Thank you for your assistance with this project. Sincerely, ENVIRONMENTAL SERVICES, INC. osh Witherspoon, LSS Senior Scientist Enclosures Development Type FEE DCM% DWQ 1,6 (14300 1601 43510DO93 1625 6253) (24300 1602 435100095 2341 1. Private,non-commercial development that does not involve the filling or excavation of any $250 1004b(S250) 0%(SO) wetlands or open water areas: II. Public or commercial development that does not involve the filling or excavation of any wetlands or open 54DO 100%(5400) 0%(SO) water areas: III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas,determine if A,B,C.or D below applies. ill(A� For Private,non-commercial development,If General water Quality Certification No.3301(see attached) 5250 100%($250) D%(SO) can be applied: III(Bj For public or commercial development,if General water Quality Certification No.3301(see attached) S4O0 100%(S400) 0%(SO) can be applied: 111(4 If General Water Quarrty Certification No.3301(see attached) could be applied,but DCM staff determined that additional review and $400 60%(S240) written DWQ concurrence is needed 40%($160) because of concerns reiaied to water quality or aquatic life: 111(D). If General Water Quality Certification No.3301(see attached) S400 60%(S240) can not be applied: 40%($160) IV. For development that involves the filling and/or excavation of more than one acre of wetlands and/or S475 60%(S285) 40%(Sl g0) open water areas NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary May 12, 2003 FAX: 343-2229 2 Pages Star News Diane Blake Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Public Notice -Progress Energy and APEC Dear Ms. Blake: Please publish the attached Notice in the Wednesday, May 14, 2003, issue. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Chris Pope, Division of Coastal Management, 1638 Mail Service Center, Raleigh, North Carolina 27699-1638. The phone number is 919-733-2293. Please send a copy of the affidavit only to Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-395-3900. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. Sincerely, &AoJ) Diana B. Nash Coastal Management Secretary Enclosure cc: Doug Huggett Chris Pope File Copy 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-395-3900\Fax: 910-350-2004\Internet: hfp://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an Area of Environmental Concern as designated under the CAMA was received on April 24, 2003. According to said application, Progress Energy and APEC, Pender and New Hanover Counties propose to install 15.7 miles of natural gas and fiber optic line primarily within existing power line eastment and NC Department of Transportation right-of-ways. A copy of the entire application may be examined or copied at the office of Environment and Natural Resources, 127 Cardinal Drive Extension, Wilmington, North Carolina 28405, (910/395-3900) during normal business hours. Comments mailed to Donna D. Moffitt, Director, Division of Coastal Management, 1638 Mail Service Center, Raleigh, N. C., 27699-1638, prior to June 4, 2003, will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. r NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary May 9,2003 Ea Mr. Josh Witherspoon, LSS Environmental Services, Inc. 4 2�U� 524 New Hope Road MAY 1 Raleigh,NC 27610 ��pp$TALMA ►GET pR11. Rp,�iQH Dear Mr. Witherspoon: The Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of a natural gas pipeline and fiber optic line for eastern North Carolina located in Pender, Onslow and Duplin Counties. It was received as complete on April 24, 2003, and appears to be adequate for processing at this time. The projected deadline for making a decision is July 8, 2003. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above,you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. NCGS 113A-119(b)requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing"postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be:Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. A field report has been prepared and is in the process of being circulated to the various state and federal review agencies for their comments. If additional information is required based on this review,the agencies may contact you directly. Sincerely, r oanne Steenhuis Field Representative Enclosure cc: Doug Huggett Jim Gregson Henry Wicker, COE Diana Rivenbark, LPO Pender County LPO Onslow County SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. ature item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse ❑Addressee so that we can return the Card to you. B. eived by Printed Name C. Dat of D livery ■ Attach this card to the back of the mailpiece, 3 or on the front if space permits. fic, r' D D. Is delivery ad Tess different from item 1? Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No �v;rO�rnen"� Ste; 3. Service Type o e a ( D �ified Mail ❑ Express Mail �+ l ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. OQ 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (Transfer from service label, 7 0 0 2 0 4 6 0 0 0 0 0 4340 4679 PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1540 APR 2 12003 DIVISION OF GOASTALMANAGEMENT GUIDE FOR A COMPLETE CAMA MINOR PERMIT APPLICATION 1. Application Form—all blanks filled in, signed and dated by the applicant or agent, if Ocean Hazard AEC, a completed AEC Hazard form signed by the property owner 2. Application Fee - $100.00 3. Documentation of notification of adjacent prope ow s (copies of letters/mail receipts if applicable) 4. A copy of a Zoning Certification and/or the I pro ements Permit, for installation of your septic system, if applicable 5. A copy of the property survey, if applicable 6. Project Drawings a. All drawings should include the llc wing information - Name and project address (title ox). - Property dimensions and nam of adj cent property owners indicated. - Dimensions and location of 1 exist' and proposed structures, driveways, and sewage disposal system and impro ements rmit if applicable. Decks labeled as covered or uncovered and dimension shown. - Adjacent water body la led and No mal High Water (NHW) or Normal Water Level (NWL) contour show - Marsh and/or wetland reas labeled ( etland delineation documentation from USACOE Army Corps of Engin ers included wit application, if applicable) - All areas of ground sturbance and/or andscaping shown. b. Additional informatio for project draw ngs in the Ocean Hazard Area AECs ` - All dunes and dun system contours, I eling the dune crest and both the landward and oceanward dune t s. Also, spot eleva ons on the highest portion of the dunes -The first line of sta e, natural vegetation and applicable setback from the vegetation line NOTE: Additional drawing(s) for each or plan and a side view or elevation drawings may be necessary or projects in the Oce Hazard Area. c. Additional informat n for project drawin s in the Coastal Shoreline AECs - Dimensions of th footprint/roofline (outs e walls + roof overhang) of the structure(s). - Dimensions of 11 decks labeled either overed or open (all elevated decks with concrete below em at ground level are co idered covered, roof or not ). - Normal High ater (NHW)or Normal Wat Level (NWL) contour. - Area of Env' nmental Concern (AEC) loc ed; 75 feet landward of NHW/NWL for Estuarine Shoreline AEC (Coastal or Joi Waters); or 575 feet landward of NHW/NWL for Estuarine Shoreline AEC, if ad cent to Outstanding Resource Waters; or 30 feet) landward of NHW/NWL for adjace to Public Trust Shoreline (Inland Waters). - 30 ft. buffer line shown