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51-03 Eastern N.C. Natural Gas
FN 7EW lass APR a Llfi.�j Permit Number iS 51-03 STATE OF NORTH CARCOASTALMANAGEMENT Department of Environment and Natural Reso OH and Coastal Resources Commission i U i3rrmit i for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-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 12/12/02, including_ workplan drawings as contained in the January 2003 permit application document package. This permit, issued on April 11, 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 IIIA) project, located in Beaufort, Pitt, Craven, Pamlico, Jones, and Onslow Counties, all as depicted in the January 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 the 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 personnel when the project is inspected for compliance. Donna . Moffitt, Director Any maintenance work or project modification not covered Division of Coastal Management hereunder requires further Division approval. All work must cease when the permit expires on This pe d its conditions are hereby accepted. December 31, 2006 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee Eastern N.C. Natural Gas Permit #51-03 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 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 crossings less than 20 feet wide. 6) For wetland crossings 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 was issued for this project in January of 2003. 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.). 10) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion within thirty days of project completion. Eastern N.C. Natural Gas Permit 951-03 Page 3 of 3 ADDITIONAL CONDITIONS Archaeological Resource Protection 11) 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 12) 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 13) 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. 14) 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 (252) 946-6481 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. 030051), which was issued on 2/17/03. ALT, 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 April 14, 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, 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 I DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Eastern North Carolina Natural Gas (Phase IIIA) 2. LOCATION OF PROJECT SITE: Photo Index - 2000: NA 1995: NA State Plane Coordinates - X: 2,562,500 Y: 514,400 Askin Quadrangle Lower Left (Approximate center of project) 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit— 14 October 2002 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received—27 February 2003 Office—Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan—Craven, Pamlico, Beaufort, Onslow Counties Land Classification From LUP - Conservation (B) AEC(s) Involved: CS, PTA, EW (C) Water Dependent: Yes (D) Intended Use: Commercial (E) Wastewater Treatment: Existing - NA Planned - NA (F) Type of Structures: Existing - None Planned - 6" to 12" natural gas main and lateral lines and 2" to 6" distribution lines (G) Estimated Annual Rate of Erosion: NA 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands All wetland crossin s (404 designated) g accomplished by horizontal directional bore (B) Non-Vegetated Wetlands All stream and river crossings accomplished by horizontal directional bore (C) Other Uplands 40 acres disturbed (pipeline trench and meter/valve/regulation stations) (D) Total Area Disturbed: 1,742,400 ft 40 ac (E) Primary Nursery Area: No (F) Water Classification: See Attachment#1 Open: No 8. PROJECT SUMMARY: Applicant proposes to install 94.5 miles of natural gas and fiber optics line primarily within existing power line and NCDOT right of way. Eastern North Carolina Natural Gas Beaufort, Craven,Jones, Pamlico, and Onslow Counties Project Setting The development of a natural gas pipeline and fiber optic line is proposed for eastern North Carolina in Beaufort, Craven, Jones, Pamlico, and Onslow Counties as part (Phase IRA) 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 and highway right of ways. There are two lateral lines proposed: one in Jones County near Trenton and the other in Pamlico County near Bayboro. Cultivated, pine forest and bottomland hardwood comprise the largest land types in the project area. The project area includes the Neuse, Tar/Pamlico and White Oak River Basins. The pipeline will cross three rivers: the Neuse River north of New Bern, the New River north of Jacksonville and the White Oak River near Maysville. A total of 11 stream and river crossings have been identified as navigable (see chart in application package). All wetland crossings are 404-bottomland hardwood under the jurisdiction of the Army Corps of Engineers and the Division of Water Quality. The proposed alignment would begin on Highway 102 in Pitt County. The route would follow the CP&L power line right of way to the south until it meets NCSR 1400 (River Road). The proposed alignment continues along the power line right of way across the Neuse River between the communities of Chip and Spring Garden. The main line would continue south. The proposed Bayboro Lateral line branches off after the main line reaches NC Highway 55 north of New Bern. The Bayboro Lateral pipeline would then cross the Neuse River again at Hog Island and would continue east along the CP&L right of way until the power line intersects with NC Highway 55 in Grantsboro. The proposed alignment continues east along the Highway 55 right of way until it terminates in Bayboro. The main line would continue to follow the power line right of way southwest across the Craven/Jones county line, across Jones County until the power line meets the White Oak River. The proposed Trenton Lateral line would branch west off of the main line along the NCDOT right of way on NC Highway 58 into the Town of Trenton. The main pipeline would continue south across the White Oak River into Onslow County. It would follow the CP&L power line right of way southwest through Hoffinan State Forest,pass north of Jacksonville, and terminate at NCSR 1243 Harvey Wood Drive. 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 IIIA consist of 65.2 miles of transmission and conduit NCNG Phase HIA 3 March 2003 Page Two line and 29.3 miles of lateral transmission and conduit lines for a total length of 94.5 miles. Most of the installation is proposed in the maintained CP&L power line right of way. 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. The transmission system will consist of 6" to 12"diameter steel pipeline and the lateral distribution line will consist of 6"to 8" diameter steel lateral pipeline. 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. 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. Due to the minimum and maximum degree of directional change being 12 degree to 16 degrees, the minimum length of any directional drill will be 250' long. Spoil resulting from the directional drill will be minimal. For example, the Bachelor Creek crossing will have a drill length of 2,700' resulting in an estimated 4.79 cubic yards of spoil outside of all CAMA Areas of Environmental Concern(AEC). 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 30' by 50'. Anticipated Impacts Installation of the main transmission line (65.2 miles) and the two lateral distribution line (29.3 miles) will result in the disturbance of 40 acres of uplands. 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. t DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Eastern North Carolina Natural Gas (Phase IIIA) County: Multi LOCATION OF PROJECT: Craven,Pitt, Beaufort, Pamlico, Jones and Onslow Counties. DATE APPLICATION RECEIVED COMPLETE BY FIELD: February 27, 2003 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: No CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES FIELD REPRESENTATIVE: Tracey Wheeler DISTRICT OFFICE: Morehead\ DISTRICT MANAGER REVIEW: B) DATE APPLICATION RECEIVED IN RALEIGH: -4>-,57/03, FEE REC'D: $ Y7S. PUBLIC NOTICE REC'D: 0 3//z/aS ✓ END OF NOTICE DATE: Qs-llo i lOsl ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: APPLICATION ASSIGNED TO: klagge ON: 3 LU C) 75 DAY DEADLINE: /3 /U3 150 DAY DEADLINE: MAIL OUT DATE: �ZI 3 STATE DUE DATE: a I C)3 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 -7-U3 Coastal Management-LUP Consistency - - 03 Division of Community Assistance Land Quality Section -/'►,p-v Division of Water Quality Storm Water Management(DWQ) State Property Office �v+5e-/rvgl Division of Archives&History Division of Environmental Health c Division of Highways Wildlife Resources Commission 3 Division. of Water Resources 3 3"e2 Division of Marine Fisheries Submerged Lands(DMF) AQ Permit# S/.v3 DCM Coordinator: MAILING DISTRIBUTION: Permitee: r,&. Al 6- Agent: Na DCM Field Offices: Elizabeth City Dru�✓ n'S Morehead City a r` Washington gyms r Wilmington T1„s one US Army Corps of Engineers (USACE): Washin on: Mike Bell(NCDOT) Bill Biddlecome(NCDOT) e' d C o JTJ✓iPs Wilmington: CDOT) Henry Wicker Others: Cultural Resources: Renee Gledhill-Early / Environmental Health: Beverly Sanders ✓ Marine Fisheries: Mike Street ✓ NCDOT: Roberto Canales', Shellfish Sanitation: Gina Brooks State Property Office: Joseph Henderson+� Water Quality: John Dorney L/ John Hennessy(N�DOT) Water Resources: John Sutherland✓✓ Wildlife Resources: David McHenry L/ Bennett Wynne David Cox(NCDOT) Travis Wilson(NCDOT) FAXING DISTRIBUTION: A_XPermitee at_ 112 ry6 ._6 707 v Agent at R t — - ri DCM Field Offices: ��ps,s e- Cal/ Zl L -76° Elizabeth City d-9 eT,, Washington Wilmington ;-c,k'e US Army Corps of Engineers (USACE): Washington: Mike Bell(NCDOT) Bill Biddlecome(NCDOT) s Wilmington: Dave impy(NCDOT) Henry Wicker Updated as 2/7/03 Eastern AECEIVL'o Eastern North Carolina Natural Gas A PR ll� U tUUJ April 24,2003 DIV OF�i MA1�%40, QH Mr.Doug Huggett NC DENR-Division of Coastal Management Major Permits Coordinator Parker-Lincoln Building 2728 Capital Blvd. Raleigh,NC 27604 Dear Mr.Huggett: Thank you for your prompt issuance of the EastemNC Natural Gas(EastemNC)Phase IIIA CAMA Major permit. On April 17,2003,EastemNC held our Phase IIIA Pre-construction meeting with Ms.Tracey Wheeler of the Division of Coastal Management(DCM),Mr.Scott Jones of the U.S.Army Corps of Engineers(USACE),and Mr.Dave McHenry of the Wildlife Resources Commission(NCWRC). EasternNC will adhere to all permit conditions given by DCM. However,while reading through the CAMA Major Permit conditions for Phase IIIA,we found that one of the conditions was somewhat unclear. Condition 6 states that: For wetland crossings 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 BMP's 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 DCM,in consultation with the NCWRC. c) All trenching and backfilling activities are carried out during periods of low or negligible flow conditions. It is EasternNC s understanding that wetlands would not be included in the in the February 15 through June 30 moratorium dates. We are hoping this is just a small oversight in the permit,but we do need to make clear DCM's position on this statement in the Special Conditions included with our permit. EastemNC would greatly appreciate a letter of clarification to allay any questions we and/or our contractors may have regarding this condition. If you need to speak with me for any reason,please do not hesitate to call me X 19)57 8. Thank you for your assistance and attention to this matter. Sheila J.Hughes EastemNC Environmental Coordinator Cc:Tracey Wheeler,DCM Scott Jones,USACE David McHenry,NCWRC Jeff Harbour,ESI P.O Box 1551-FEB 18 410 S.Wilmington Street Telephone:919 546-2670 Raleigh,NC 27602-1551 Fax:919 546-6707 �� - NCDENR North Carolina Department of Environment and Natural Resources Division of Marine Fisheries Michael F. Easley, Governor Preston P. Pate, Jr., Director William G. Ross, Jr., Secretary MEMORANDUM TO: Doug Huggett THROUGH: Mike Stre FROM: Sean McKenna DATE: April 11, 2003 SUBJECT: CAMA permit- Eastern North Carolina Natural Gas Pipeline(Phase IIIA) 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 expressed serious reservations with this proposal during an earlier review process. Our concerns have not been addressed. In the previous phases of this project all wetlands and waterbodies were crossed using Horizontal Directional Drilling(HDD). In the current proposal, Eastern North Carolina Natural Gas (ENCNG)plans to use HDD on perennial streams greater than 20 feet in width. Smaller perennial streams(canals and ditched streams) would be crossed using open-cut techniques. The NCDMF opposes this strategy. Our data show that these systems can support anadromous fishes(striped bass,American shad, and river herring), along with other species. All perennial streams should be crossed by HDD. The NCDMF agrees with ENCNG in using open-cut methods in dry intermittent stream channels. Additionally, ENCNG plans to use open-cut techniques to cross wetlands when temporary impacts would be less than 1 acre in size. The NCDMF objects to this strategy. The size of a given wetland impact should not be the only factor in considering HDD or open-cut techniques. All wetlands around perennial streams should be crossed by HDD. When wetlands are crossed using open-cut methods the topsoil will be stockpiled and placed back on top after the pipe is laid. In these situations the NCDMF would like to see the use of fertilizer and lime eliminated. Given the natural richness of this loam additional nutrients are not likely needed and could contaminate surrounding waters before they are utilized. If fertilizer and lime are used a soil test should be conducted to determine application rates. xi� + ® North Carolina Wildlife Resources Commission Charles R.Fullwood,Executive Director MEMORANDUM ,�� fo TO: Sheila J. Hughes AQR 1 Environmental Coordina r CMG Eastern North Carolina atur Gas O - otbw FROM: David McHenry � Northeast Coastal Region Coordinator Habitat Conservation Section DATE: April 9, 2003 SUBJECT: Request for concurrence on open cutting of small streams for Eastern North Carolina Natural Gas Pipeline,Phase 3A. In response to your April 1, 2003 memorandum, please accept the following comments on your request for concurrence on the open cutting of small streams for Phase 3A of the Eastern North Carolina Natural Gas pipeline project. As stated in our March 27, 2003 comments submitted on the Phase 3A project,we noted that many streams at the proposed open cut crossings likely have ecologically important populations of small fish and other aquatic organisms, but none are sufficiently large to support significant recreational fisheries, including anadromous species. However, several of the crossings such as the identified tributaries to Swift Creek are situated a relatively short distance upstream of productive fish habitats. A primary concern is that proposed stream cuts at these and similar locations would affect downstream habitats through elevated turbidity and sedimentation if constructed during flowing stream conditions and the warm spring to summer period. The North Carolina Wildlife Resources Commission(Commission)generally recommends, as a minimum, that major construction activities in inland waters of eastern North Carolina be avoided between April 1 to June 30 to protect early life stages of resident fishes and other aquatic organisms that are recreationally and/or ecologically important. However,an extended moratorium, as typically recommended for identified anadromous spawning streams, was recommended for all streams proposed for open cuts in the Phase 3A project largely because several crossings may degrade more sensitive aquatic habitats in downstream areas, including some anadromous fish streams. Since some of the streams proposed for open cuts are small, intermittent, or channelized, the Commission will concur with the February 15 to June 30 moratorium proposed in your April 1,2003 memorandum. However, we request that this moratorium be followed for all proposed open cut crossings to the extent practicable,which minimally must include the Swift Creek tributary crossings S9 and SI I- S 16, Creeping Swamp (S3), Deep Gully(S22), and Half Moon Creek(S28). Disturbance of these areas Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh,NC 27699-1721 Telephone: (919) 733-3633 ext. 281 • Fax: (919) 715-7643 ENCNG Phase 3A Page 2 April 9,2003 during the moratorium period should be avoided because of their natural channel,habitat value, or landscape position. All crossings, including those considered essential during the moratorium, should only be constructed under low stream flow conditions and when silt or turbidity curtains can be used to help control suspended sediments. Consistent with our previous comments, deviation from the moratorium was intended to provide flexibility for constructing some crossings when stream conditions would minimize the extent of aquatic resource impacts. It was not intended as a widely applied exemption to construct the majority of the crossings. Avoidance of critical growing seasons is more effective for protecting aquatic resources than attempting to minimize impacts with silt or turbidity curtains. Although worthy of implementation, these BMP measures can have variable and sometimes limited effectiveness, even under presumed ideal conditions. The Commission is particularly concerned with the proposed open cutting of Creeping Swamp because of the diversity of its fish community downstream of the crossing and the size of the channel and associated swamp at the crossing proper. Although classified as an intermittent stream by the field inspections conducted last year, during our site visits in March,the stream did not appear to be flooding, yet the channel was full and several feet deep along the SR 1152 right-of-way. Nevertheless, as outlined above, the Commission will not object to an open cut of this stream provided the construction occurs outside of the moratorium and the BMP measures are implemented. We feel these measures are particularly imperative at this site because of the quality of this swamp stream system compared to the numerous modified stream corridors in the area. The Commission appreciates your attention to our concerns and the opportunity to provide assistance with this project. If you need to discuss these comments,please call David McHenry at(252) 946-6481 extension 345. In addition,please correspond with myself or Bennett Wynne(252/522-9736) regarding planning and meetings for future phases of the ongoing pipeline project. c: Huggett,D.—Division of Coastal Management Harbour, J.—Environmental Services, Inc, Raleigh Jones, S.—US Army Corps of Engineers, Washington Wynne, B.—NC Wildlife Resources Commission F \NATF Michael F.Easley,Governor \O�� 9QG William G.Ross Jr.,Secretary North Carolina Department of Environment and Natural Resources Cq �. �. Alan W.Klimek,P.E. Director > Division of Water Quality o � April 6, 2003 DW Q# 03-0051 Pitt, Beaufort, Craven, Pamlico, Jones and Onslow Counties Mr. Donald K. Davis Progress Energy P.O. Box 1551, PEB 18 Raleigh, NC, 27602 APPROVAL of 401 Water Quality Certification and Neuse/TarPamlico River Riparian Buffer Rule approvals with Additional Conditions Dear Mr. Davis: You have our approval, in accordance with the attached conditions, to install 94.5 miles of natural gas and fiber optics line within an existing power line and NCDOT right-of-way in Pitt, Beaufort, Craven, Pamlico, Jones and Onslow Counties, as described in your application received by the Division of Water Quality on March 13, 2003. The proposed work will involve temporary impacts to 540 linear feet of streams and 22.7 acres of previously disturbed wetlands as a result of trenching activities. After reviewing your application, we have determined that this fill is covered by General Water Quality Certification Number 3371, which can be downloaded from our web site at http://h2o.enr.state.nc.us/ncwetlands . This Certification allows you to use your CAMA Permit when issued by the NC Division of Coastal Management. . This approval is also valid for the Neuse River buffer rules (15A NCAC 2B .0233) and Tar-Pamlico River buffer rules (15A NCAC 2B .0259). In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge, Water Supply Watershed and U.S. Coast Guard regulations. Also this approval will expire when the accompanying CAMA Permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us 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 below: 1. Upon completion of the project, the applicant shall complete and return the enclosed "Certification of Completion Form" to notify DWQ that all the work included in the 401 Certification has been completed. The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the Division of Water Quality. 2. The conditions of General Certification Number 3374 must be followed except where full compliance with this General Certification is not possible as explicitly described in the application and supporting documentation. 3. Stormwater shall be directed to flow at non-erosive velocities across the entire protected stream buffers. 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, N.C.Division of Water Quality 1617 Mail Service Center Raleigh,NC 27699-1617 (919)733-7015 Customer Service 1 800 623-7748 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. #I This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Tom Steffens in our Washington Regional Office at (252) 946- 6481 or John Dorney in our Central Office in Raleigh at (919) 733-9646. Sincerely, 7mek, P. . AW K/cbk V Attachments cc: Corps of Engineers Washington Field Office Washington DWQ Regional Office Central Files File Copy Dough Huggett, DCM 030051 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY DIVISION OF HIGHWAYS LYNDO TIPPETT GOVERNOR SECRETARY April 3, 2003 RECEIVFD Mr. Doug Huggett, Major Permits Processing Coordinator APR 0 7 2003 North Carolina Department of Environment and Natural Resources Division of Coastal Management O OFO R� I�GEEIM'� 1638 Mail Service Center Raleigh, North Carolina 28699-1638 Subject: CAMA Development Permit Application for Phase RIA Pipeline Project and APEC Fiber Optic Conduit Mr. Huggett, The permit application of Progress Energy was submitted to this office for review. This agency has no objection to the project as proposed. Should you have any questions or need additional information please call. Sincerely, Dwayne H. Alligood, PE Division Maintenance Engineer Copy: Roberto Canales, P.E., Chief Engineer's Office C. E. Lassiter, Jr., PE, Division Engineer DIVISION Two•P.O.BOX 1587•GREENVILLE,N.C. 27835 PHONE(252)830-3490•FAx(252)830-3352 JIM !pv. +'CS:"`•t.i r}Y { wZq_R-s s 01, { .. r .. c.': • , f ,JG";•.�p.f ai�.%�E' �lirE�',`•r. 1ii:: .i+• ;r .+.R: _.! .)l`1�' .X ,.al+� . ` :�. .. ..t. 'i•r ,! .. +..'r a .,..r! :.��`.+Ft.. C'C'Jti+.♦.Y.`t 2.�: .. ,. `i'i°`i i..i{.+..•' [[t;. ��.tt 1 is -7A>' ,ii••) � i7t: '�? .��r:� �? ..1' jZ4' ... a� ro y a, ,•. . ,. . 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 MEMORANDUM TO: Doug Huggett FOW V FROM: Tracey Wheel DATE: 3 April 2003 APR 0 7 2u�,,i SUBJECT: Application for CAMA Major Permit o®F0 04TALMANAGEIl4 Wr Eastern NC Natural Gas RALE10H Various ounties,North Carolina I have reviewed the application for a CAMA Major Permit submitted to this office by Environmental Services, Inc, on behalf of Eastern North Carolina Natural Gas in regards to the rules and regulations adopted by the CRC, specifically NCAC 7H.0205, .0206, .0207, .0208, and .0209. My review indicates that, overall, the proposal appears to be consistent with these regulations. If the permit is issued, I recommend the following conditions be included: Conditions: 1) Prior to construction of waterbody crossings under this permit, the permittee 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 the Eastern NC Natural Gas Pipeline (Phase IIIA) project located in Beaufort, Craven, Pamlico, and Onslow Counties, all as depicted in the 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. 3) No excavation or fill material will be placed in any vegetated wetlands or surrounding waters outside of the alignment of the fill area indicated on the workplan drawings. 4) Any fill material will be free of any pollutants except in trace quantities. 5) This permit authorizes only the use of horizontal directional boring construction methodologies at all wetlands, stream, and river crossings. Ant alteration from the authorized horizontal directional boring method will require modification of this permit. 6) 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. 151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: http://dcm2.enr.state.nc.us An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper r Eastern NC Natural Gas Various Counties Page 2 7) In order to protect water quality, runoff from construction must not visibly increase the amount of suspended sediments in adjacent waters. 8) Appropriate sedimentation and erosion control devices, measures or structures must be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property(e.g. silt fence, diversion swales or berms, sand fence, etc.). 9) A ground cover sufficient to restrain erosion shall be provided within the shorter of 15 working or 30 calendar days of completion of any phase of grading on cut or filled slopes. 10) Prior to the initiation of any activities authorized by this permit, the permittee shall obtain stormwater management plan approval from the NC 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. 11) 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. NOTE: This permit does not eliminate the need to obtain any additional state, federal, or local permits, approvals or authorizations that may be required. NOTE: Any future development of the permittee's property may require a modification of this permit. Contact a representative of this Division at (252) 808-2808 prior to the commencement of any such activity for this determination. Eastern Eastern North Carolina Natural Gas 'VE APR 0 3 2003 A OKOASTALN��Io RALI April 1, 2003 Mr. David McHenry Department of Environment and Natural Resources N.C. Wildlife Resources Commission 943 Washington Square Mall Washington, North Carolina 27889 RE: Eastern North Carolina Natural Gas Pipeline — Phase 3A Request for concurrence on open cutting small streams Dear Mr. McHenry: I would like to obtain your official concurrence on specific construction moratoria dates for EasternNC's Phase 3A pipeline construction. Based on discussions with Jeff Harbour of Environmental Services, Inc. (ESI) and your 27 March 2003 memo, you stated that small non- anadromous streams (specifically S9-S16) that are to be crossed by open cut should also be included within the 2/15 through 9/30 construction moratoria dates that cover anadromous streams. Field inspections by ESI indicate that these small stream channels are channelized as a result of agriculture with the exception of S11. S11 is not channelized but it does not contain sufficient flow to support anadromous fish. S10 will be crossed via HDD since it was claimed by CAMA. We propose moratoria dates of 2/15 through 6/30 for these small streams, which is consistent with non-anadromous streams. Also, your memo indicates that work in these streams may be allowed in the moratoria period under low or negligible flow conditions assuming silt curtains and BMP's are used. Creeping Swamp and its associated channel are proposed for open cut. Approximately 0.011 acre of maintained wetlands occur within the NCDOT right-of-way. The portion of the channel located in the NCDOT right-of-way is approximately 20 feet wide and did not contain any water during the delineation effort. EasternNC proposes to open cut this stream if low or negligible flow is present at the time of construction. As with the small stream mentioned above, silt curtains and BMP's will be utilized and the independent Environmental Inspector (EI) will strictly monitor these crossings. Larger streams and rivers in the Phase 3A project that are known anadromous areas are shown on page 23 of EasternNC'; permit application book. We have proposed to cross these larger P.O.Box 1551-FEB 18 410 S.Wilmington Street Telephone:919 546-2670 Raleigh,NC 27602-1551 Fax:919 546-6707 streams via Horizontal Directional Drill (HDD) and the 2/15 through 9/30 moratoria will not be compromised. We respectfully request your concurrence by letter if possible to help us with construction scheduling so that no moratoria violations occur. If you have any questions or suggestions, please contact either me at (919) 546-3988 or Jeff Harbour at (919) 212-1760. Thank you in advance for your attention to this request. Sincerely, Sheila J. Hughes EasternNC Environmental Coordinator Cc: J. Harbour/Environmental Services, Inc. S. Jones/US Army Corps of Engineers D. Huggett/ Division of Coastal Management yMAR-04-2003 TUE 12:34 PM NO D I V OF COASTAL MGMNT FAX NO. 4 �,.`0 3 �S��° P. 05 \A- A MAR 1 S Z003 NCDENR tti1H AGEt►".ANT North Carolina Department of Environment and Natural RAU s Division of Coastal Management \o' '- Michael F.Ensicy,Governor Donna D. Moffitt, Director 1 YNiharnf&°*R055,Jr.,Sea; tary March 4, 2003 TO: Linda Sewell, Director s / Division ofEnvimnmental Health yF<<F 0 b./Sysq FROM: Doug Huggett /TgT'/oN Major Pennits Processing Coordinator i- SUBJECT: C.AMA/DRF,.DG &FILL Pemit Application Review Applicant: Eastern North Carolina Natural Gas (Phase 111A) Prglieel I,oc,"tier': Craven, Pitt, Pamlico, Beaufort, J011CS, and 011SIOw Counties Proposed Project: Proposes to install 94.5 miles of natural gas and fiber optics line primarily within existing power line and NCDOT right-oF-way. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 25,2003.Tf you have any questions regarding the proposed project,please contact Tracey Whceler at (252) 808-2808. When appropriate, in-depth comments with sUppoTting 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. Q- toc� C�� J-l�uJcr� /0 SIt,NCD 3`��( 3 �54-H Mwy.4, estr- -II-,-MOFeheym'�,•Na +4arafina ^ Phone: 252-808.28081 FAX: 252-247-33301 Intemat: www.neroastaimanagement.net An Equal opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer PaDer A7jA- VAR 10 2003 WCDENR North Carolina Department of Environment and Natural Resources ')I1f151 OF ER RESOURCES RCES Division of Coastal Management Michael F.Easley,Governor Donna D. Moffitt, Director William G. Ross Jr.,Secretary March 7,2003 MEMORANDUM TO: Mr. John Sutherland, Chief Water Planning Section Division of Water Resources FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: EASTERN NORTH CAROLINA GAS (PHASE IIIA) PROJECT LOCATION: CRAVEN, PITT, BEAUFORT, PAMLICO, JONES AND ONSLOW COUNTIES. PROPOSED PROJECT: INSTALL 94.5 MILES OF NATURAL GAS AND FIBER OPTICS LINE PRIMARILY WITHIN EXISTING POWER LINE AND NCDOT RIGHT OF WAY. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 28, 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 �793 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 Equai Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper MAR-04-2003 TUE 12:33 PM NO DIV OF COASTAL MGMNT FAX NO. 4 P. 03 i---�,-- State Property 0,.. NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michocl F. Easley,Governor donna D, Moffitt, Director William G,Ross Jr., Secretary March 4, 2003 RECEIV Er MAR 1 A 'Z003 ivt h,lvl O R A N DU M: DrV.OF COASTAL MANAGEMENT RALEIGH TO: Mr. Toe Ilenderson Stalc Property Office FROM: Doug Huggett Major Permits Processing Coordinator SUBJF,ff: CAMA/DREDGE &,FILL Permit Application Review Applicant: Eastern Nortli Carolina Natural Gas (Phase IIIA) Project 1,ocation. C'ravcn, Pitt, Pamlico, Beaufort, Joiics, and Onslow Counties Propose! Project: Proposes to install 94.5 miles of nat<iral gas and fiber optics line primarily within existing Dower line and NCDOT right-of-way. l'iensc itldicate below your agency's position or viewpoint on the proposed project and return this form by March 25,2003, If you have any questions regarding the proposed project,please contact Tracey Wheeler at (252) 808-2808. When appropriate, in-depth comments with supporting data is rcqucsted. >RVPLY: _ 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 recomnamded changrs are incorporated. Sec,attached, r� This agency o 'ccts to the project fpr reasons described in the attached comments. 151-B Hwy, , Hestron PItzll, Morehe d No0trolina 28557 S[GNI+,f hone:-25�-8{}8-2888+FA.X:•,.25 �33. nt r : s mem' An Equel opportunity 1 Affirr ate clion Employer-•60%Recycled 110%°P s Cons m�r f3aocr v �� MAR-0�-2003 TUE 12:36 PM NO DIV OF COASTAL MGMNT FAX NO. 4 P. 13 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley,Governor Donna 1). Moffitt, Director William G.Ross Jr.,Secretary Mareb 4, 2003 1jeco "rr, MAR 2 n 2003 MF,l%10RANDUM: piV OF COARRLE GN AGEMENT I U: Division of Land Resources Wilmington Regional Office =1 -11 l+'R0111: Doug llt►ggcttMajor Permits Processing Coordinator SU113,11"'CT: CAMA/DREIDGE & F1U,Permit Application Review Applicant: Eastera North Carolina Natural Gas(Phase f llA) Pro icrl I,oc�tiott: C:ravcn, Pitt, Pamlico, Beaufort, Jones, acid Onslow Counties 1'ronosed Project: Proposes to install 94.5 miles of natural gas and fiber optics line primarily within existing power line and NCDOT right-of-way. Please indicate below your agency's position or viewpoint on the proposed projcct and return this form by March 25,2003.ifyou have any questions regarding the proposed project,please contact Tracey Wheeler at (252) 808-2808. Whon appropriate, iii-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 / ]mcolpo"rated. Sec alp, 5�i..a; / EroTiw 14 S¢C� �-1 Gon7�a/ ppra•. esppra/t� has ��» o b1'� •�.� �i ��;t pre]Ct'�. This age►16Y objcc/ts to the project for reasons described iiz the attalch'Y'ornments. S I c'Ncn -•--��-[� �'h�cc� iv, ao� estr -Rle�a II, t�f r �i �lortfa-S�eli�a- 7 .. Phone; 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Fnnal nnnnrli,nfh,%APfinnvll„e,n,.n..,.C..+..I.—, EAQ/ t.— .. MAR--04-2002 TOE 12:35 PM NO D I V OF COASTAL C►? FAX NO, 4 P 08 s ArA NCDENR NO* Carolina Department of Environment and Natural Resources hlvialon of Coastal Management Wi aof F.Ftulcyr,Governor Donna D. Moffitt,01rector Mllam G.Ross Jr.,"�Oaalary • MPWh 4. 2003 AMR I Q t� MENIORAN.DUM: _ Gt�r-1 ABI AT I'{l: Mr. Mike S 1)ivisiort of a ino�,Frisbericz FROM: Doug 14uggett Major Ponnits Procoasing Coordiiintor SUBJECT: CA.MAIt) EDGE &FILL Permit Application Review Apl)Ncanl: Fastom North Carolina Natutill Gas (Phase ILIA) Project 1,ocatlan: Craven, Piit, Pamlico,laeaufort, Jonas, and Onslow Counties Prolmsed Project. Prnpoacs to initall 94,5 miles of Natural gas and fiber optics line primarily within oxistkig power line and NCI)OT right-of-way. Please indicale below your ageney'a ponitiou or viewroint on the proposod Project and rcturo this fomiby Minh 25,2003_If you have any questions rogardilig iho proposed project,pleaso contact TrOcoy Whoclet at (252) 909.2808. Whcn appropriate,ia-deplh conimcnts with sul)porting data is requested, kI".Iq.Y= This agency has 110 objootiotl to tho project as prpposcd. This agcjmy has no comment on the proposod rrojcct. ✓_ ThiS agency approm of tho project only if the rccomnlvudCd ch:ulgcs are incorporatod, Stt atifthed, This agency objoets to the project fv,c rcasotrs dcscrihcd in tlla altaclled comillonts. SIGNED DATE 151-8 Hwy, 24, 1-iestron Plaza II, Morehead Clty,North Carolina 26657 Phone, 252-808-28081 FAX: 252-247-33301 Internet: www,nccoestalmanagement,not TO/To-d U-8 j0, TT JdH z9609 6ZSZ:xled Iid S31d3HSI� 3NI�HW 20 *6 VT: TT i0, TT idH S�H3daU/SQNU�Ens 3WQ 20!2003 03:45 FAX Z 02 i i� NCDENR Noah Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F.Easley,Govemor Donna D. Moffitt, Director William G. Ross Jr.,Secretary :larch 7, 2003 ke- MEMORANDUM TO: David McHenry Wildlife Resources Commission ' ATTN: Habitat Conservation Program .� FROM: Doug I luggett Mainr Permits Processing Coordinator SUBJECT: CAMA PERMIT APPLICATION REVIEW APPLICANT: EASTERN NORTH CAROLINA GAS (PHASE IIIA) PROJECT LOCATION:CRAVEN, PITT, BEAUFORT, PAMLIC'O, JONES AND ONSLOW COUNTIES. PROPOSED PROJECT: INSTALL 94.5 MILES Of NATURAL GAS AND FIBER OPTICS LINE PRIMARILY WITHIN EXISTING POWER LINE AND NCDOT RIGHT OF WAY. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 28, 2003. If you have any questions regarding tic proposed project, please contact Doug Huggett at (919) 733-2293, ext. 244. When appropriate, in-depth comments wide supporting data is requested. REPLY This agency has no objection to the project as proposed. This agency has no eommer>s on the proposed project. y--'- This agency approves of the project, only if the recommended changes are incorporkacd. This a o .ects to the project for reasons described in the attached comments. SIG !% 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 Ail Equal Opporlurilty 1 Atflrmative Action Employer—50%Recycled 110%Post Consumer Paper \�1-�1 03 S�40 MAR-104-2003 TUE 12:36 PM NC D I V OF COASTAL MGMNT FAX NO. 4 l� �`3�� P. 14 A-.*A_, WDENR North Carolina Department of Environment and Natural Resources . Division of Coastal Management Michael F, Eosicy,Govemor Donna D. Moffitt, Director Wiliam G.Ross Jr.,Secretary March 4, 2003 MEMORANOOM: MAR 1 0 2003 TO: Bill Moore Ton, S teffans Division of Water Quality XEIVE FROM: Doug Huggea MAR 2 Major Permits Processing Coordinator 2003 01V 0FCO,ISTALMANAGWNT S(JIUECT: CAMA/DREDGF &FILL Pen-nit Applicalion Review RAL,"-:,H Applicant: Eastern North Carolina Natural Gas (Phase Il1A) Project Location: Craven, Pitt,Pamlico, Beaufort, Jones, 4111d Onslow Counties Proposed Project: Proposes to install 94.5 miles ofnatural gas and fiber optics line primarily within existing power line and NCDOT right-of-way. Please indicate below your agency's position or viewpoint on the proposed project and retunl this fonn by March 25,2003,if you have any questions regarding the proposed project,please conlact Tracey Wheeler at (252) 808-2808. Whcn appropriate, in-depth comments with supporting data is requested. RETLY: _ _ 'Phis agencyh<<s no objection to the project t a prop��d.^ This agency has no comment on the proposed project 4C ('UL f2.ia This agency approves of the project only if the recommended changes are incorporated. See attached. ,1-Iiis agency objects to the project for reasons described in the attached comments. 151-g Hwy. 24, Hestron Plaza 11, Morehead City, North Carolina 28557 SIGNE''Whone: 252-808-28081 FAX: 252.247-33301 Inter.pNww.nccoastal man agement.net An Eaual Onnnrtiinh 1 Attinrnliva Arlinn Frnnlnvar_rn%Qoria IdA k ina_0-4 AA Jc)3 �11ED APR 1 1 2003 NCDENR North Carolina Department of Environment and Natural ResourcW oFCOASTALMANAGEME"T Division of Coastal Management RALE11131H Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary March 7, 2003 MEMORANDUM �yos John Dorney Division of Water Quality, Wetlands/401 Unit �vgJF J �9t� F> M: Doug Huggett Q4e, 100� Major Permits Processing Coordinator �sF c",041 SUBJECT: LAMA PERMIT APPLICATION REVIEW APPLICANT: EASTERN NORTH CAROLINA GAS (PHASE IIIA) PROJECT LOCATION: CRAVEN, PITT, BEAUFORT, PAMLICO, JONES AND ONSLOW COUNTIES. PROPOSED PROJECT: INSTALL 94.5 MILES OF NATURAL GAS AND FIBER OPTICS LINE PRIMARILY WITHIN EXISTING POWER LINE AND NCDOT RIGHT OF WAY. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 28, 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 b L3 0 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 MMAR-04-2003 TUF 12:35 PM NO D I V 4F COASTAL r FAX N0, 4 P. 06 � EPMP NCDEwa North Carolina Department of Environment and Natural Resources alvialorl of Coastal Management Micliaal F.Ensicy.Govemor Donna 13. Moffitt,Director William G,Ross Jr.,Secrelsry Marsh 4, 2003 rr -- 1 Flo d MEMORANDUM: M— _ rl'U: Mr. Mike S r-1-iABi TAT TXvision of arino Fisheries FROM: Doug Huggett Major Pormlts Procoesing Coordiuntor SUBJECT: CAMAIl R DGE &FILL Permit Application Review Aphlicenl; Fastens North Carolina Natural Gas(Phase ILIA) Project Location: Craven,Pitt, Panilico,Beaufort,Jones, and Onslow Counties proposed Project: 1'm1)0508 to inita1134.5 vniivs ofnhtural gas and fiber optics line primarily within existing power fine and NCI)OT right-of-way. 111ca,w irtdierate below your agency's poRitiou or viewpoint on the proposed Project and return this Fomt by Msrch 25,2003.If you have any questions rogardittg tiro proposed ptajecl pleaso contact Tracoy Wheeler at (252)808.2908. When appropriate, in-d©inh coainicnis with supporting data is rcquested. 1tM.1!I,Y: This abcncy has jig objection to the project as proposed. This agcncy has no comment on the proposed project. _This agency upprovcs of the project only iF the rccommeudvd chaligC5 are incc lroratud. Sec attached. _ This agmwy obj cots to the project for reasons described in t11Q attached comments. SIGNED DATE_-4 / ,6 r. 151.8 Hwy.24, Hestron Plaza II, Morehead City,North Carolina 28557 Phone: 252-608-28081 FAX: 252-247-33301 Internet: www.nmestalmanagement,net TO/TO'd K-.8 �0' TT .add Z9629b6ZSZ;xP3 Wdd S3Id3HSIJ 3NIaHW I � I ENT OF Ty�y� United States Department of the Interior !ir � 9 1 H c FISH AND WILDLIFE SERVICE x Raleigh Field Office I Post Office Box 33726 �4ACH s �s'9 Raleigh,North Carolina 27636-3726 RECEIVED February 14, 2003 FEB 2 1 2003 Mr. Scott Jones DIV.OF COASTAL MANAGEMENT U. S. Army Corps of Engineer RALEIGH Washington Regulatory Field Office P. O. Box 1000 Washington,North Carolina 27889 '�J� f,� Subject: Action ID No. 200310253, Eastern North drolina Natural Gas, Phase IIIA Pipeline and APEC Fiber Optic Conduit Dear Mr. Jones: i This letter provides the comments of the U. S. Fish and Wildlife Service (Service) on the subject Public Notice (PN), dated January 17, 2003. The applicant, Eastern North Carolina Natural Gas (ENCNG), has applied for a Department of the Army(DA)permit to temporarily impact approximately 22.7 acres of jurisdictional wetlands and approximately 540 linear feet(If) 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 3A of a multi-phase effort to supply natural gas to counties in eastern North Carolina. Phase 3A would construct approximately 94.5 miles of pipeline that includes a mainline and lateral lines to Bayboro (21.5 miles) and Trenton(7.8 miles). The project would cross portions of Beaufort, Pitt, Craven, Jones,Pamlico, and Onslow Counties. The applicant provided the Service,by cover letter dated January 20, 2003, with copies of the permit applications and an environmental report (ER) on the proposed work. The ER states (p. 1) that the pipeline is scheduled to be located within existing rights-of-way(ROW) of Carolina Power and Light(CP&L) and the North Carolina Department of Transportation. The pipeline easement within these corridors is expected to be 20 feet wide. In environmentally sensitive areas, horizontal directional drilling (HDD) would be implemented where feasible. The wetlands that may be affected by the project consist of maintained, herbaceous wetlands in existing CP&L power lines and NCDOT ROWs (ER,p. 28). 2 The ER discusses many efforts to avoid and minimize adverse impacts to wetlands and aquatic habitat. Six natural communities are described in the ER, but the project is not anticipated to affect these communities (p. 19). No clearing of forested areas is anticipated (p. ii). Approximately 200 distinct wetlands have been delineated and mapped along the project corridor (p. 29). Within the total of 35.76 wetland acres to be crossed, impacts would be avoided in 13.67 acres by the use of HDD (Table 6.1). Impacts to the remaining 22.1 acres, all of which are maintained, herbaceous wetlands, would be temporary(p. 40). After construction, wetlands impacted by open-cut pipe installation would be returned to their pre-construction contours (p. 3) to the extent practicable and the NCDOT rights-of-way and CP&L easements would be stabilized and re-vegetated with native wetland species (p. 40, 68). No permanent impacts to jurisdictional wetlands would result from project construction (p. 68). Areas for pipe storage and contractor staging would be in uplands (p. 3). The pipeline would cross 61 surface waters, including three man-made ponds (ER,p.18, 66). Some"streams" are considered to be little more than ditches that have intercepted natural stream flow (p. 22). The applicant is requesting to open-cut 28 intermittent and perennial channels (p. 42). The HDD technique would avoid impacts to 62,626 square feet (1.44 acres) of perennial channel along 6001f of such channels, including major riverine areas of the Neuse River, Bachelors Creek, Trent River, White Oak River, and the New River(Table 6-2, pp. 37-39). Temporary, open-cut impacts associated with stream crossings would be 7,662 square feet (0.18 acre) (Table 6.2,p. 39). 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). Turbidity and sedimentation would be minimized by Best Management Practices and strict adherence to an Erosion and Sedimentation Control Plan(p. 18; Attachment E). Federally listed Species The ER correctly identifies (Table 7-1, p. 46) the Federally listed species that have been reported in the six counties of the project area. Since beach habitat would not be impacted, the four species of sea turtles would be"in the water" of the project area and under the jurisdiction of the National Marine Fisheries Service (NMFS). The Federally endangered shortnose sturgeon is also under the jurisdiction of the NMFS and that agency will evaluate project impacts on these species. Based on information in Section 7 of the ER, the Service concurs that the project is not likely to adversely affect the bald eagle (Haliaeetus leucocephalus), piping plover(Charadrius melodus), red-cockaded woodpecker(Picoides borealis), red wolf(Canis rufus), eastern cougar(Fells concolor cougar), and Tar spinymussel (Elliptio steinstansana). The ER notes (p. 53) that potential habitat for the manatee (Trichechus manatus) exists in the Neuse and Trent Rivers,but that the use of HDD and the lack of dredging or blasting would preclude adverse impacts to this species. However, the Service believes that some protective measures may be required for the manatee during the five-month period of June through October if open-cut installation and/or silt 3 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 primary habitat requirements for the species are access to vascular aquatic plants, freshwater source, and proximity to channel 1-2 meters deep (3.3 -6.6 feet). These mobile animals may not inhabit a given area for extended periods, and 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. Some stream channels would be crossed by the open cut method (p. 42). The Erosion and Sedimentation Control Plan states (Attachment E, p. 11) that silt fencing would have extensive application along the pipeline trench, at work areas, and at valve and meter sites. If siltation barriers must be placed in water greater than three feet deep, these barriers should be: (1)made of material in which manatees cannot become entangled; (2) secured in a manner that they cannot break free and entangle manatees; and (3)regularly monitored to ensure that manatees have not become entangled. The Service has summarized protective measures for manatee for work in areas of potential manatee habitat. A copy of these precautions, revised in June 2002, is enclosed. If the attached precautions are included in project plans, the Service would concur with a no effect determination. The applicant currently proposes to have a contractor inspect silt screens daily(p. 44). These inspections should include 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, manatee precautions can be avoided by working in these areas during the seven months from November 1 through May 31. A long, linear project such as the proposed gas pipeline has a greater potential to impact Federally listed plants. The Service concurs that beach habitat of the seabeach amaranth (Amaranthus pumilus) does not occur in the project area and this species would not be affected. The ER provides (p. 47)the survey methodology used in determining potential impacts on four listed plants that could occur in the project area. The development of a geographic information system (GIS) model based on soil type, aerial photography, wetland mapping, and topography is a valid first step in assessing project impacts on protected plants. Inspection of rights-of-way for suitable habitat and actual plant surveys for this pipeline project would be relatively easy since the impact zone is only 20 feet wide and primarily cleared roadsides or maintained rights-of-way. The ER concludes that the project would have"no effect" on these four plant species. The precise bases for these determinations varied slightly among the species. The GIS model for Cooley's meadowrue (Thalictrum cooleyi)was based on soil types likely to support the species and areas of potentially suitable habitat were identified. The ER states (p. 55) that systematic searches of potentially suitable habitat revealed that no actual suitable habitat 4 exists in those areas identified by the GIS survey model. The biological conclusion for this species requires more information. Specifically, it would be useful to know what criteria were used to determine why identified habitat was discounted as unsuitable. If areas of potential habitat were surveyed for the plant, survey results should be provided. The Service recognizes that the golden sedge (Carex lutea) is very rare and has very limited range. The ER states (p. 55) systematic surveys were made in all areas identified as "potential habitat,"but no "suitable habitat"was found. As with Cooley's meadowrue, the Service believes that a conclusion of"no effect" should be supported by a specific discussion of the habitat conditions that preclude this sedge and/or a statement that the plant was not found during field surveys. The discussion of the"no effect"determination for the rough-leaved loosestrife (Lysimachia asperulaefolia) appears thorough and satisfactory. The GIS model for this species was based on identifying areas of hydric soil with an organic component. Systematic surveys were conducted by pedestrian transects that covered the width of the corridor. The ER states (p. 56)that no rough-leaved loosestrife were found in areas of potential habitat. The Service concurs that the project is not likely to adversely affect this species. The discussion of the"no effect"determination for the sensitive joint-vetch(Aeschynomene virginica) also appear thorough and adequate to support the conclusion. This species, with known occurrences in Beaufort and Craven Counties, occurs in sparsely vegetated marshes under tidal influence. For this species areas of potential habitat were systematically surveyed(p. 57) and no sensitive joint-vetch was found (p. 58). Based on this information the Service concurs that the project is not likely to adversely affect this species. The ER states (p. 61) that the Service requested documentation on the occurrence of two plants listed as Federal Species of Concern(FSC), Venus flytrap (Dionaea muscipula) and spring- flowering goldenrod (Solidago verna). The project consultant, Environmental Services, Inc., conducted surveys for these species in conjunction with habitat evaluations and systematic surveys for listed plant species. Neither species was observed during field surveys. The Service appreciates this effort by the applicant and its consultant. Summary and Recommendations The ER provides (pp. 66-69) a summary of the efforts to avoid and minimize adverse impacts to wetlands, streams, and aquatic habitats. If these measures are fully implemented, the Service believes that the project would comply with the 404(b)1 guidelines. At this time the Service finds that fulfillment of section 7 requires additional information on two listed plant species and a commitment for precautions to protect the manatee if any waterways accessible to this species would be impacted by open-cut construction or placement of erosion and sediment control structures such as silt fences during the months of June through October. 5 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&fws.gov for wetland and manatee issues or, Dale Suiter(Ext. 18) or by email at DaleSuiter2fws.gov for section 7 issues regarding listed plants. Sincerely, [&� of Garland B. Pardue, Ph.D. Ecological Services Supervisor Attachment cc: Kathy Matthews,US EPA, Athens, GA Ron Sechler,National Marine Fisheries Service, Beaufort,NC Doug Huggett,NC Division of Coastal Management, Raleigh,NC David McHenry,NC Wildlife Resources Commission, Washington,NC John Dorney,NC Division of Water Quality, Raleigh,NC Jeff Harbour, Environmental Services, Inc, Raleigh,NC 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 Memorandum TO: Doug Huggett, Major Permits Coordinator FROM: Ed Lynch, District Planner RE: MAJOR CAMA PERMIT CONSISTENCY REVIEW Applicant: Eastern North Carolina Natural Gas Beaufort County DATE: March 17, 2003 This project is subject to the Land Use Plan of Beaufort County (1997). The Land Use Classification for this project area is Conservation (Areas of Environmental Concern) in the Beaufort County Land Use Plan. PROJECT SUMMARY This proposed project involves the construction of fiber-optic line and a natural gas transmission and distribution system consisting of 94 miles total miles mostly within existing NCDOT right-of-way and CP&L right-of-way. All wetland crossing are 404-bottomland hardwood under the jurisdiction of the Army Corps of Engineers and the division of Water Quality. Areas of Environmental Concern impacted by the project include Public Trust Areas, Coastal Shoreline, and Estuarine Waters. APPLICABLE POLICIES Beaufort County 1997 CAMA Land Use Plan Policies • Residential, Commercial, and Industrial development which meets 15A NCAC 7H use standards will be allowed in estuarine shoreline, estuarine waters, and public trust areas. IN all other areas, development will be allowed that is consistent with applicable local, state, and federal regulations. (page IV-16) • The county, in conjunction with its incorporated jurisdictions, is committed to providing appropriate levels of public service, facilities and infrastructure. (page IV-20) PLAN CONSISTENCY It is my interpretation that the proposed project appears to be consistent with the 1997 Beaufort County Land Use Plan, provided that all work is constructed in accordance with applicable local, state and federal rules and requirements. CC: Terry Moore Tracey Wheeler Charles Jones Kathy Vinson Jeremy Smith, Beaufort County Planner DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS _ Washington Regulatory Field Office P.O.Box 1000 Washington,North Carolina 27889 1000 IN REPLY REFER TO January 16, 2003 Regulatory Division 2003 Action ID No. 200310253 Mr. John Dorney North Carolina Department of Environment and Natural Resources Division of Water Quality 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Dear Mr. Dorney: Please reference the application of Eastern North Carolina Natural Gas (ENCNG) and the Albemarle-Pamlico Economic Development Corporation (APEC),to temporarily impact approximately 22.7 acres of wetlands and approximately 540 linear feet of stream channels to facilitate the installation of 94.5 miles of natural gas transmission line and fiber optic cable conduit, including lateral lines to Trenton and Bayboro, within the Tar-Pamlico,Neuse and White Oak river basins, in North Carolina. Mr. Jeff Harbour, Environmental Services Inc., 524 New Hope Road, Raleigh, North Carolina 27610, is acting as agent for ENCNG and APEC in the processing of this application. We are considering authorizing the proposed activity pursuant to Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act, and we have determined that a water quality certification is required under the provisions of Section 401 of the same law. A Department of the Army permit will not be granted until the certification has been obtained or waived. In accordance with our administrative regulations, in most cases, 60 days after receipt of a request for certification is a reasonable time for State action. Therefore,if you have not acted on the request, or asked for an extension of time,by March 16, 2003'. the District Engineer will deem that waiver has occurred. f -2- Thank you for your time and cooperation. Questions or comments may be addressed to Mr. Scott Jones of the Washington Regulatory Field Office, telephone (252) 975-1616, extension 27. Sincerely, David M. Lekson, P.W.S. Chief, Washington Regulatory Field Office Copies Furnished: Mr. oug Huggett D' ision of Coastal Management /(orth Carolina Department of Environment and Natural Resources 1638 Mail Service Center Raleigh, North Carolina 27699-1638 WATF9 p Michael F.Easley,Governor �O G William G.Ross Jr.,Secretary vj North Carolina Department of Environment and Natural Resources =1 Alan W.Klimek, P.E.,Director 'C Division of Water Quality DIVISION OF WATER QUALITY DECEIVED April 24, 2002 J,s� APR 2 5 2003 ,SS NC Natural Gas Corporation D OF00AM T Attn: Mr. Donald K. Davis PO Box 1551-PEB Raleigh, NC 27602 Subject: Stormwater Project SW7030305 Eastern NC Natural Gas CAMA Application for Phase 3A Beaufort County Dear Mr. Davis: This office received a copy of your CAMA application on March 10, 2003. Staff review of the plans and specifications has determined that the project, as proposed, consists of activities that will not pose surface water quality threats from stormwater runoff. The Director has determined that projects that are reviewed and approved by the Division as not posing water quality threats from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H. 1000. For this reason, we are informing you by way of this letter that your project will not require a stormwater management permit. Please keep in mind that this determination does not affect your legal requirements to obtain other permits which may be required by the Division of Water Quality, the Division of Land Resources, Coastal Area Management Act or any other Federal, State or Local Government. In addition, any future modifications to the project will require additional review from this office to assure that stormwater impacts are not an issue. If you have any questions or need additional information concerning this matter, please contact Mr. Bill Moore at (252) 946-6481, extension 264. Sincerely, Jim ulligan� Water Quality Regional Supervisor Washington Regional Office cc: /Doug Huggett, DCM - Raleigh, NC Washington Regional Office Central Files 943 Washington Square Mall Washington,N.C.27889 Telephone(252)946-6481 FAX(252)946-9215 AF" 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 3 March 2003 Sun Journal Legal Advertisement Section P.O. Box 1149 New Bern,NC 28563 Re: Public Notice—Eastern North Carolina Natural Gas Dear Sir: Please publish the attached Notice in the 4 March 2003, issue of the Sun Journal. 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 Jaye Poole, NC Division of Coastal Management, 1638 Mail Service Center, Raleigh, North Carolina 27699-1638, Telephone (919) 733-2293. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Morehead City office (252) 808-2808. Sincerely, Tracey L. Wheeler Coastal Management Representative Enclosure cc: Doug Huggett Ted Tyndall, District Manager 151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557 Phone: 252-808-2808\FAX: 252-247-3330\Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper DIVISION OF COASTAL MANAGEMENT NCDENK NORTH CAPOUNA DEPAgTMENT OP ENVIRONMENT AND NATURAL RESOURCES 151-B HWY. 24, HESTRON BUILDING MOREHEAD CITY, NC 28557 TELEPHONE: (252) 808-2808 FAX: (252) 247-3330 TO: eL �Jou rzyq L OFFICE: LE6,4L TELEPHONE #: I 1 FAX #: FROM: OFFICE: DIVISION OF COASTAL Ni \;N A 1EV[ENT RE: 1�- LEasE �, (/nQrc 2,op3 SSu c THE S'u ou DATE SENT: TOTAL NUMBER OF PAGES D rTf-,NCr COVER SHEET: 3 4 � NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives notice as required by NCGS 113A-119(b) that application for a development permit in an Area of Environmental Concern as designated by CAMA was received on 27 February 2003. According to said application, Eastern North Carolina Natural Gas is proposing to install a 94.5 mile long natural gas pipeline and fiber optic line in Craven, Pitt, Beaufort, Pamlico, Jones, and Onslow Counties, in Eastern North Carolina. A copy of the entire application may be examined or copied at the office of Tracey Wheeler, NC Division of Coastal Management, 151-B Hwy. 24, Hestron Plaza II, Morehead City, NC, Telephone (252) 808-2808 during normal business hours. Comments mailed to Donna Moffitt, Director, NC Division of Coastal Management, 1638Mail Service Center, Raleigh, NC, 27699-1638 prior to 24 March 2003 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modifications may occur based on further review and comments by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. PLEASE PUBLISH ON: 4 March 2003 i r 'P. 01 TRANSACTION REPORT MAR-03-2003 MON 10:02 AM DATE START RECEIVER TX TIME PAGES TYPE NOTE M# DP MAR-03 10:00 AM 82526331841 1' 46" 3 SEND OK 086 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 3 March 2003 Eastern North Carolina Natural Gas c/o Mr. John Lepper 410 South Wilmington Street PEB 18 Raleigh, NC 27602 Dear Mr. Lepper, The Division of Coastal Management hereby acknowledges the receipt of the application you submitted on behalf of Eastern North Carolina Natural Gas for State approval for major development on their property located in Beaufort, Craven, Pamlico and Onslow counties in Eastern North Carolina. The complete application was received on 27 February 2003, and appears to be adequate for processing at this time. The projected deadline for making a permit decision is 13 May 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 I I3A-1199b) 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 some point along the proposed pipeline alignment. You should post this notice at a conspicuous point 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 along the alignment. Failure to post this notice could result in an incomplete application. An on-site inspection will be made, and if additional information is required, you will be notified. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, Tracey L. Wheeler Coastal Management Representative Enclosure Cc: Doug Huggett M. Ted Tyndall, District Manager, DCM Jeff Harbour, Environmental Services 151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: http://dcm2.enr.state.nc.us An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper AMA Ps= MIT AP LIE F PROJECT: �14'S 1, AonQ nai-ural Gas' Diodino C.Lr t'ber rJAC lire ieig4o'l ion a r 0 CAMP _pAscdie-ison C Cross ina�' COMMENTS ACCEPTED ED THROUGH 13 May 2003_ordcuko4erlM4A pr) APPLICANT: FOR MORE DETAILS CONTACT ,�! / THE LOCAL PERMIT OFFICER BELOW: 54L-rn �o��C�+QxI ina_ 1 ' u� 6a5 C1 Mr. 'J-ohn L&OW-c l- A PAza `l1 o 5o A M i rn iha tU\ S f- marrAaawlC,' N c. o78S TE819 FRoJei jA, NC a-460 z