HomeMy WebLinkAbout19990382 Ver 1_COMPLETE FILE_19990422State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
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NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
July 13, 1999
County
WQC 401 Project #990382
APPROVAL of 401 Water Quality Certification and Neuse River Buffer Rules
Mr. David Obenshain
Manager, Engineering
Piedmont Electric Membership, Cooperative
Hillsborough N.C. 27278
Dear Mr. Obenshain:
You have our approval, in accordance with the attached conditions, to impact 1.14 acres stream buffers for the
purpose of constructing the New Hope Transmission Live, as you described in your application dated 21 April, 1999.
After reviewing your application, we have decided that this impact is covered by General Water Quality Certification
Number 3101. This Certification allows you to use Nationwide Permit Number 12 Regional General Permit 049 when the
Corps of Engineers issues it. This approval is also valid for the Neuse River Buffer rules (15 NCAC 2B .0233). This
approval is also valid for the Neuse River buffer rules (15A NCAC 2B .0233). 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, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire
when the accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification. This
approval replaces one issued on 14 June 1999.
This approval is only valid for the purpose and design that you described in your application. If you change your
project, you must notify us and send us a new application. If the property is sold, the new owner must be given a copy of
this Certification and approval letter and is thereby responsible for complying with all conditions. This approval shall
expire when the corresponding Nationwide Permit expires or as otherwise provided in the General Certification. 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.
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, which conforms to
Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh,
N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you
have any questions, please telephone John Domey at 919-733-1786.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
Mr. John Domey
Central Files
Si ly,
q
?r T. evens
990382.1tr
Division of Water Quality • Environmental Sciences Branch
Non-Discharge Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX 733-9959
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
1 ? •
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
June 14, 1999
Orange County
DWQ Project # 990382
APPROVAL of 401 Water Quality Certification
Mr. David Obenshain
Manager, Engineering
Piedmont Electric Membership Cooperative
Hillsborough, N.C. 27278
Dear Mr. Obenshain:
O
You have our approval, in accordance with the attached conditions, to impact 1.14 acres stream buffers for the
purpose of constructing the New Hope Transmission Live, as you described in your application dated 21 April, 1999.
After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number
3101. This Certification allows you to use Nationwide Permit Number 12 or Regional General Permit 049 when the
Corps of Engineers issues it. 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, Coastal Stormwater, Non-Discharge and Water
Supply Watershed regulations. Also this approval will expire when the accompanying 404 or 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 and send us a new application. If the property is sold, the new owner must be given a copy of
this 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. This
approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided in the General
Certification.
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 which conforms to
Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh.
N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you
have any questions, please telephone John Domey at 919-733-1786.
Sincerely,
pe.Otevles
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
Mr. John Domey
Central Files 990382.1tr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd, Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
P-.,. ' Piedmont Electric Membership Corporation
General Office: P. O. Drawer 1179 • Hillsborough, N. C. 27278 • (919) 732-2123 • N. C. WA1:S: 1-800-222-3107 • Fax: (919) 644-1030
Branch Office: P. O. Box 1327 • Roxboro, N. C. 27573 • (910) 599-0151 • Fax: (910) 597-9088
April 21, 1999
Mr. Pete Colwell
Division of Water Quality
Department of Environment and Natural Resources
4401 Reedy Creek Road
Raleigh, NC 27607
Re: New Hope Transmission Line
Dear Pete:
I enjoyed meeting you and discussing the Neuse Buffer rules last week. Enclosed is a
Neuse Buffer Pre-Construction Notification Application for the New 1-lope Transmission
Line. I am submitting this application on behalf of Piedmont Electric Membership
Corporation (PEMC).
The New Hope Transmission Line proposed in Orange County is 29 miles in length and
crosses four unnamed streams and parallels approximately 400 feet ofa stream in Zone 2.
The line will span approximately 0.69 acres of Zone 1 and 0.45 acres of Zone 2 at the
stream crossings. No structures will be placed in Zone 1 or 2, but one structure will be
right at the outer edge of Zone 2. Low growing and shrubby vegetation will be allowed
to remain in these buffer areas.
The project was initiated in 1997, prior to the adoption of the Neuse River buffer rules.
An environmental and engineering consulting firm was hired to conduct a siting process
to identify suitable alternative routes. Several public hearings were held and there was
community involvement in the assessment process. The route selected balances the varied
and competing environmental, socioeconomic, land use, electric system and other
requirements. PEMC believes that, as a result of this year-long effort, this route is the
best practical alternative, will minimize environmental and other impacts, and balances
additional factors including those of the property owners.
In addition, PEMC believes that the line will not significantly impact the riparian buffer
areas. The stream crossings are limited and do not require paralleling a stream in Zone I
at any point along the route. As a result of the construction and maintenance techniques
to be used, the line should have minimal disturbance on these areas. The line will not
impair or otherwise adversely affect the functional integrity of the riparian area, and will
Serving Orange, Person, Caswell, Alamance, Durham, and Granville Counties
not lead to violations of water quality standards or impair the biological integrity or other
uses of surface waters.
The application addresses these issues in more detail. If you have any questions, feel free
to call me at (919) 644-3420; otherwise, I look forward to hearing from you at your
earliest convenience.
Yours truly,
David Obensh 'n, CEq
Manager, Engineering
DE:m I D : COR PS ACCT : ON ]
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE: PERMIT #):
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NEUSE RIVER BUFFER
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFICATION
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE
FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN
(7) COPIES SHOULD BE SENT TO THE N.C. DIVISION`'OF ENVIRONMENTAL MANAGEMENT
(SEE AGENCY ADDRESSES SHEET). PLEASE PRINT.
1. OWNERS NAME: Piedmont Electric Membership Cornnratinn
2. MAILING ADDRESS: P.O. Drawer 1179, Hillsborough, NC 27278
Project_
xl???t NAME: New Hope Transmission Ling
County: ZIP CODE: 27514
eEqif: Orange STATN.C
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
M2-.ILING ADDRESS ABOVE): New Hope Transmissinn Ling (See mans)
Address: use cooperative's addre
3. TELEPHONE NUMBER (HOME') : (WORK) : (919) 644-3420
?. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: David Obenshain, Manager, Engineering, Piedmont EMC.
P.O. Drawer 1179, Hillsborough, NC 27278, Ph (919) X44-3a?n
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Orange NEAREST TOWN OR CITY: Hillsbnrnugh
1
?1CL,UDE RC)AP
?a?JrfBeRS, LANDMARK`, FTC vicinity of Mt. Sinai _Road,-_University_ Station
Road, Hwy 86 and New Hobe Church Rom--- --
6. IMPACTED OR NEAREST STREAM/RIVER: Five un named streams (see map)
RIVER BASIN: Neuse
7a. IS PROJECT LOCATED NEAR WATEP CLASSIFIED AS TROUT, TIDAL SALTWATER
(SA), HIGH QUALITY WATERS (HQW), 0?;TSTANDING RESOURCE WATERS (ORW), WATER
SUPPLY (WS-I OR WS-II)? YES ( ) NO ( ) IF YES, EXPLAIN:
Unknown
ib. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISIONO O ajOASTAL
M;-NAGEMENT AREA OF ENVIRONMENTAL CONCERN ( Z EC) ' YES [ ]
7 FOR
(LUP) (SEE
USE PLANCOUNTY
7c. IF THE PROJECT IS cOCAytTWI?HTHEALPNDCOASTAL
DESIGNP_TION?
LIST OF COASTAL COUNTIES)
8a. HAVE ANY SECTION 909 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON
THIS PROPERTY? YES ( ) NO V ) IF YES, PROVIDE ACTION I.D. NUMBER OF
PREVIOUS PERMIT AND ANY ADDITIONAL INFORM?T=ON (INCLUDE PHOTOCOPY OF 901
CERTIFICATION) :
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES ( ) NO pO IF YES, DESCRIBE ANTICIPATED WORK:
34
c D:
°a. ESTIMATED TOTAL NUMBER Or ACRES IN TR'-(-i ()
Neuse Buffer
9b. ESTIMATED TOTAL NUMBER OF A(;RES OF -4r?):t; -,CC? .TED ON PROJECT , SITE:
Total 1.14 AC of Zone 1 & Zone 2 streams im acted. --
2
Neuse Buffer
10a. NUMBER OF ACRES OF BY THE PROPOSED 111.0JECT BY
FILLING: _ 0.0
FLOODING
0.0
DRAINAGE:
Ea,_-.-\ ?.T ION: .0
Stream Crossing: Zone 1: 0.69 Tall trees wil
Zone 2: 0.45 be removed in
OTHER: areas.
TOTAL ACRES TO BE IMPACTED:
10b. (1) STREAM CHANNEL TO BE IMPACTED
RELOCATED, PROVIDE DISTANCE BOTH BEFORE
1:701; 2:601;
LENGTH BEFORE: 3: 104';4:233';5:0' FT
WIDTH BEFORE (based on normal hick wate
WIDTH AFTER:
BY THE PROPOSED PROJECT (IF
AND AFTER RELOCATION) :
AFTER;, unchanged FT
1:2,51; 2:2,51; 3:3.0';
contours) : 4:3.5'; S:NA FT
1:0"-3"; 2.0"-3"; 3.0"-4";
AVERAGE DEPTH BEFORE: 4:211-611; 5:0" -419* AFTER: unchanged FT
(2) STREAM CHANNEL T_MPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL:
CHANNEL EXCAVATION: -- CONSTRUCTION OF A DAM/FLOODING: -
OTHER:
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE
WATERSHED DRAINING TO THE POND?
WHAT IS THE EXPECTED POND SURFACE AREA?
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF
MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8 112" X 11" DRAWINGS
ONLY): Clearing of a new right-of-way, some of which parallels an existing
electric utility right-of-way; and construction of a new transmission
line usinq sinqle concrete pole structures. See attached map.
13. PURPOSE OF PROPOSED WORK: To respond to the increased and increasing
electrical needs of residences, businesses and public uses in the
central Orange County vicinity.
14. STATE REA ONS WFY IT IS BELIEVE' T'rii:T THIS AC I'?_T'! MiiST PE CARRIED
OUT IN (INCLUDE ANY MEASURES TAKEN TO MINIMIZE W9TI;AWk : Neuse Buffer
IMPACTSP-euse Buffer
See attach
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
(USFWS) AND/OR NATIONAL. MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY
ADDRESSES SHEET) REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR
PROPOSED FOR LISTING ENDANGERED CR THREATENED SPECIES OR CRITICAL HABITAT
IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE
CONTACTED: Not applicable to Neuse Buffer (ATTACH RESPONSES
FROM THESE AGENCIES.)
16. YOU P_RE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC
PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED
PROJECT. DATE CONTACTED: Not applicable to Neuse Buffer
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF
PUBLIC (STATE) LAND?
YES (] NO ?] (IF NO, GO TO 18)
a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL
DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL
POLICY ACT?
YES [I NO [I
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
YES O NO O
IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE
STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTA', MANAGEMENT REGARDING
COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE
DIRECTED TG ME. C'iRYS BA.GGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA: DEPARTMENT OF ADMINISTR?-TON, 116 WEST JONES STREET, RALEIGH,
NORTH C:?RCLINA 27603-8003, TT-:L,EPHONE (919) 733-6369.
4
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF
PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF' EXCAVATED OR FILL MATERIAL
INTO WETLANDS:
a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES
AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26,
29, AND 38). ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY
MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR
INCH EQUALS 100 FEET OR THEIR EQUIVALENT.
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE
IMPACTED BY PROJECT.
C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA
SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPERLY?
N. A.
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
N.A.
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF
ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION, AND
3) (-TN THE TWENTY COASTAL COUNTIES ONLY) , A LETTER FROM THE
NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT
PROGRAM.
,
Aw"?j al,
OWNER'S/AGENT'S SIGNATURE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE, OWNER IS PROVIDED (18g.) )
z/,/799
DATE
1
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5/55 / NE
SCALE 1:24000
1 0 1 MILE
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I-I F==r .5 0 1 KILOMETER 5.rle?? rt- I I 4F,4CT Tc-P
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NATIONAL gODETIC VERTICAL DATUM OF 1929 -rg41VS /V jSS/ON LIVE
sk. 411-07 ??:?-)
QUADRANGLE LOCATION
HILLSBOROUGH 6 MI. 5156 // SE
4.5 MI TO INT 85,1K (HILLSBOROUGH) 675 676 _ 2"30" 677 1990000 FEET 678
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10
ATTACHMENT TO
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NEUSE RIVER BUFFER
For the Transmission Line
By Piedmont Electric Membership Corporation
Q 14: STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN THE
NEUSE BUFFER. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE NEUSE BUFFER IMPACTS).
A: Piedmont EMC followed a rather lengthy process in planning this line, Long-range engineering studies
done in 1996 had shown a need for the New Hope substation and accompanying transmission line. The
cooperative's 3 year Construction Work Plan re-demonstrated a need for the facility and in early 1997 the
cooperative employed a consultant to analyze substation and transmission alternatives.
A range of substation locations was identified and we spoke with landowners, settling on a location where
the substation and its connecting lines could be sited with minimal impacts and the visual impact would be
quite low. This was in spring of 1997.
The cooperative and its consultant then undertook a study of alternative transmission line routes. The 8
major factors considered were Water Quality, Residential Visibility, Public Visibility, Occupied Buildings,
Land Use, Property Ownership, Land Cover, and Cultural and Natural Resources.
A public workshop for all people who own or occupy land in the study area was announced by a June 5,
1997 letter that included a study area map and a questionnaire that could be filled out and returned. The
public meeting was held July 31, 1997. Attendees included various County officials. The results of the
comments at that meeting were taken into consideration and several approximate routes were selected,
each of which had a relatively low combination of impacts on the community. Another public Workshop was
held on November 6, 1997 where public comment was again solicited. Following that, a route was selected
and announced on November 20, 1997.
The final route balances the varied and competing environmental, socioeconomic, land use, electric system
and other requirements. There is minimal impact to Neuse River buffer zones. The transmission line will
provide maximum nutrient removal and minimize impacts to water quality and aquatic life. Additionally, the
following best management practices will be used by Piedmont EMC in the buffer area; woody vegetation
will be hand cut, low-growing vegetation and tree stumps will be left, and there will be no land grubbing.
The transmission right-of-way easements are 100' wide. This is a general industry-accepted width that
ensures good reliability in a variety of inclement weather conditions. Another reason for PEMC to have
good clearing around its transmission line is that all its lines are radial, where by contrast, the investor
owned utilities normally have looped lines that can be served from two sources. In addition, the cooperative
will cut any tree outside the defined right-of-way that could hit the line in falling. As a measure of success
with this right-of-way width, after Hurricane Fran in September 1996, there was not one tree interfering with
PEMC's 66 miles of transmission line while other utilities' transmission lines with less width needed
considerable work to get them re-energized. Low-growing trees such as dogwoods, and shrubby vegetation
will be left within Zone 1 and Zone 2.
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