HomeMy WebLinkAbout20000184 Ver 1_COMPLETE FILE_20000301State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
WA
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NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
March 7, 2000
Pender County
DWQ Project # 000184
APPROVAL of 401 Water Quality Certification
Carolina Power and Light Company
c/o William T. Bryson
PO Box 327
New Hill, NC 27562-0327
Dear Sirs:
You have our approval, in accordance with the attached conditions, to construct an overhead electric
transmission line which will cross wetlands in Pender County as you described in your application received by the
Division of Water Quality on March 1, 2000. After reviewing your application, we have determined that this action
is covered by General Water Quality Certification Number 3101. This Certification allows you to use Nationwide
Permit Number 12 when issued by the U.S. Army Corps of Engineers. 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 and Water Supply Watershed regulations. Also this approval will expire when the
accompanying 404 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 except as modified
below. If you change your project, you must notify us and you may be required to 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) (6) and (7). This approval shall expire when the
corresponding Nationwide Permit expires or as otherwise provided in the General Certification. 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. 276 1 1-7447. 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 Dorney at 919-733-9646.
Attachment
cc: Corps of Engineers Wilmington Field Office
Wilmington DWQ Regional Office
File Copy
Central Files
Fer 'ely,
t vens
000184
Division of Water Quality • Non-Discharge Branch
1621 Mail Service Center, Raleigh, NC 27699-1621 Telephone 919-733-1786 FAX # 733-9959
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
http://h2o.enr.state.nc.us/wetlandc.htmI
PAYMENT
DWQ ID: 0 0 0 1 8 4 CORPS ACTION ID: RECEIVED
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #)
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1. NOTIFICATION TO THE CORPS OF ENGINEERS
2. APPLICATION TO NC DIV. OF WATER QUALTTY 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 MUST
BE SENT TO THE NC DIVISION OF WATER QUALITY, ATTN: JOHN DORNEY, 4401 REEDY CREEK
ROAD, RALEIGH, NC 27607. PLEASE PRINT OR TYPE.
OWNER'S NAME: Carolina Power & Light Company D
MAILING ADDRESS: P. O. Box 327
SUBDIVISION NAME : N/A
CITY: New Hill STATE: N.C. ZIP CODE: 27562-0327
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PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE):
Near Scotts Hill in Pender County, North Carolina, between existing Castle Hayne-Jacksonville 230-kV
line and a proposed substation alone U.S. 17 (see enclosed map)
3. TELEPHONE NUMBER: (HOME) 919-460-0256 (WORK) 919-362-3551
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: CP&L contact is William T. (Buzz) Bryson, who can be reached at the above
phone and address.
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Pender NEAREST TOWN: Scotts Hill
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.) See enclosed map
6. IMPACTED OR NEAREST STREAM/RIVER: Island Creek RIVER BASIN: Northeast Cape Fear
7. (a) IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER, (SA),
HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER
SUPPLY (WS-I OR WS-II)? YES NO X IF YES, EXPLAIN:
(b) IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES ? NO X
(c) IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF
COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION?
8. (a) HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROJECT? YES ? NO X IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT
AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION):
10.
(b) ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES L1 NO X IF YES, DESCRIBE ANTICIPATED WORK:
(a) ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND: 28 acres (on right-of-way)
(b) ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
24 acres ( on right-of-way]
(a) NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: N/A EXCAVATION: N/A
FLOODING: N/A OTHER : N/A
DRAINAGE: N/A TOTAL ACRES TO BE IMPACTED: No impact.
(b) (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED,
PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION: No impact.
LENGTH BEFORE: FT AFTER: FT
WIDTH BEFORE (based on normal high water contours): FT
AVERAGE DEPTH BEFORE: FT AFTER: FT
11
(b) (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL:
CHANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING:
OTHER: No impact.
IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED
DRAINING TO THE POND? N/A WHAT IS THE EXPECTED POND SURFACE AREA? N/A
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED? (ATTACH PLANS; 81/2 BY 11 DRAWINGS ONLY)
Construction of overhead electric transmission line, as described in the cover letter and attached map.
13. PURPOSE OF PROPOSED WORK: Provide/improve delivery of electricity to customers.
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS)
Crossing wetlands for this project is unavoidable; however, the least impacting route was selected.
Overhead lines selection of placement sites for poles, and construction methods will minimize impact.
15. YOU ARE REQUIRED TO CONTACT THE US FISH AND WILDLIFE SERVICE AND/OR
NATIONAL MARINE FISHERIES SERVICE REGARDING THE PRESENCE OF ANY
FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED
SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE
PROPOSED PROJECT. DATE CONTACTED: N/A
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA
WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: Nov. 5. 1999
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OT THE USE OF
PUBLIC (STATE) LAND? YES ? NO X (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 ? NO ?
(b) IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE? YES ? NO C1
IF ANSWER 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE
CLEARINGHOUSE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH,
NORTH CAROLINA 27603-8003, TELEPHONE (919) 733-6369.
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED
ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OF 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 STREAM (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST
BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OF 1 INCH
EQUALS 100 FEET OF THEIR EQUIVALENT.
(b) IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY
PRODUCT.
(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 PROPERTY? Forest land
(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 US 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 WATER QUALITY
CERTIFICATION, AND
3. (IN 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.
OWNER'S/AGENT'S SIGNATURE DATE
(AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS
PROVIDED).
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Carolina Power & light Company
PO Box 1551
411 Fayetteville Street Mall
Raleigh NC 27602
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Mr. Mickey Sugg
Wilmington Regulatory Field Office
Corps of Engineers
P.O. Box 1890
Wilmington, NC 28402-1980
Mr. John Dorney
North Carolina Division of Water Quality
Environmental Services Branch
4401 Reedy Creek Road
Raleigh, NC 27607
Subject: Carolina Power & Light Company (CP&L)
Scotts Hill 230-kV Transmission Line
Dear Messrs. Sugg and Dorney:
February 25, 2000
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I
CP&L is planning to construct a 3.38 mile long 230kV transmission line between the existing Castle
Hayne-Jacksonville 230-kV line and a future Scotts Hill substation to be constructed along US-17 in
Pender County, North Carolina (Enclosure 1). This project was designed to minimize
environmental impacts, particularly to wetlands and streams, by routing the new transmission line to
avoid unique wetland areas and stream crossings to the extent possible. However, due to the
prevalence of jurisdictional wetlands in the vicinity, much of the right-of-way (ROW) must traverse
wetland areas. Therefore, we have enclosed a Pre-construction Notification Application (Enclosure
2), consistent with Corps Nationwide Permit No. 12 and General Water Quality Certification No.
3101, and request that the Corps and the North Carolina Division of Water Quality (NCDWQ)
verify that this work is consistent with the respective permit and certification conditions.
CP&L will utilize its standard transmission line construction practices for this project. Where
necessary, the ROW will be cleared by cutting vegetation back to near ground level, but there will
be no stump removal, "blading", or similar activities that disturb the root mat or underlying soil.
Where the ROW clearing involves crossing wetlands, CP&L will use mats, low impact vehicles, or
hand cutting in these areas, as appropriate, to avoid disturbing the wetlands.
The proposed transmission line will be constructed using single pole steel towers, which will be
direct-embedded into the ground (i.e., placed in augered holes, with no fill other than the back-
filling of removed dirt). Poles will be set in non-wetlands to the extent possible. Where placing
poles in wetlands is unavoidable, the poles will be augered in using a standard boom truck or similar
method. Where equipment has to enter into wetlands to set a pole, the wetlands will be matted or
!PSI lpp
PAYMENT
RECEIVED
cr, t I I C" ".
Mr. Sugg and Mr. Dorney 2
special low-impact equipment will be utilized. There will be no change in contours or redirection of
water flow, nor will there be any discharges of dredged or fill material into wetlands (the minimal
amount of dirt removed by digging the pole hole is repacked into the hole, with a small amount
packed tightly against the hole at ground level to minimize seepage of rainfall or surface water into
the hole).
The Corps has previously agreed that these techniques for clearing rights-of-way and directly
embedding poles do not constitute a discharge and are thus not jurisdictional under Section 404 of
the Clean Water Act. However, because much of the ROW will pass through wetlands, we request
coverage of this project under the conditions of NWP-12 and General Water Quality Certification
No. 3101. The required NCDWQ processing fee check ($475) is enclosed.
Should you have any questions, please contact Mr. Buzz Bryson in our Environmental Services
Section at (919) 362-3551.
Sincerely yours,
Donald R. Weisenborn, Manager
Transmission Projects
DRW/rcy
Enclosures:
1. USGS quad map showing proposed route
2. Pre-construction Notification Application
3. Processing Fee Check to NCDENR
bc: Mr. W. T. Bryson
Mr. J. W. Elkins
Mr. B. Matheson
Mr. R. C. Yates