20041229 Ver 1_COMPLETE FILE_20040727

ANIA5
NCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor
Division of Water Quality
William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
August 3, 2004
Energy United Water Corporation
Post Office Box 168
Stony Point, NC 28678
Subject Property: Newton Interconnect
Approval of 401 Water Quality Certification with Additional Conditions
DWQ Project # 04-1229
Iredell County
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 50 feet of streams for the purpose of installing a water line at the subject
property, as described within your application dated July 19, 2004 and received by the N.C. Division of
Water Quality (DWQ) on July 27, 2004. After reviewing your application, we have decided that the
impacts are covered by General Water Quality Certification Number(s) 3374 (GC3374). The
Certification(s) allows you to use Nationwide Permit(s) 12 wh6p issued by the US Army Corps of
Engineers (USAGE). In addition, you should obtain or otherwise comply with any other required federal,
state or local permits before you go ahead with your project including (but not limited to) Erosion and
Sediment Control, and Non-discharge regulations. Also, this approval to proceed with your proposed
impacts or to conduct impacts to waters as depicted in your application shall expire upon
expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. 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 fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 211.0506 (h). This approval requires you to follow the conditions listed in the. attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Amount Approved Plan Location or Reference
(Units)
Stream 50 (feet)
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650 One
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 NofthCarolina
Phone: [phone]/ FAX [phone]/ Internet: httr)://h2o.enr.state.nc.us/ncwetlands A117hIrli//'l
Energy United Water Corporation
Page 2 of 3
August 3, 2004
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Pre-Construction Notification. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters
is unavoidable, they shall be removed and the natural grade restored within six months of the date
that the Division of Land Resources has released the project.
5. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699-1650.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), 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
Energy United Water Corporation
Page 3 of 3
August 3, 2004
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
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 Cyndi Karoly in the Central Office in Raleigh at 919-
733-9721 or Alan Johnson in the DWQ Mooresville Regional Office at 704-663-1699.
AWK/bs
Enclosures: GC 3374
Certificate of Completion
cc: West Consultants, 405 South Sterling Street, Morganton, NC 28655
USACE Wilmington Regulatory Field Office
DWQ Wilmington Regional Office
DLR Wilmington Regional Office
File Copy
Central Files
Filename: 04-1229 Energy United Water Corp (Iredell) 401
Sincerely,
401 ISSUED.,
Office Use Only: 04122 9 Form Version May 2002
USACE Action ID No. DWQ No.
(If anV particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
? 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NATIONWIDE # 12
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here:
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ? N/A
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ? N/A
H. Applicant Information
1. Owner/Applicant Information
Name: ENERGY UNITED WATER CORPORATION
Mailing Address: PO BOX 168
STONY POINT NC 28678
Telephone Number: [phone] Fax Number: [phone]
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applica*QTLANDS / 401 GROUP
Name: BENJAMIN THOMAS P.E.
Company Affiliation: WEST CONSULTANTS, PLLC JUL2 7 20?
Mailing Address: 405 SOUTH STERLING STREET
MORGANTON, NC 28655 WATER QUIn")i SEC ION
Telephone Number: [phone] Fax Number : [phone]
E-mail Address: be!ijiethomas@.bellsouth.net
Page 5 of 13
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: ENERGY UNITED WATER CORPORATION NEWTON
INTERCONNECT
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): N/A
4. Location
County: ALEXANDER, IREDELL Nearest Town: STONY POINT
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): SITES # 1, # 2: AT
INTERCHANGE 141 ON I-40, TAKE SR 1502 (SHARON SCHOOL RD) SOUTH
TOWARDS THE CATAWBA RIVER TURN LEFT AND HEAD EAST ON SR 1503
(MOCK MILL ROAD). SITE # 1 IS ON SR 1503 JUST BEFORE ITS INTERSECTION
WITH SR 1505 (GOBLE ROAD). SITE # 2 IS ON SR 1505 JUST NORTH OF ITS
INTERSECTION WITH SR 1503. SITES # 3 # 4 # 5: IN IREDELL COUNTY AT THE
INTERSECTION OF US HWY 64 AND SR 1537 (EAST LACKEY FARM ROAD HEAD
SOUTH ON SR 1537, SITE # 5 IS ON SR 1537 JUST BEFORE ITS INTERSECTION
WITH MIRACLE FARM ROAD WHICH IS ALSO SR 1537. SITE # 4 IS ON MIRACLE
FARM ROAD JUST SOUTH OF ITS INTERSECTION WITH EAST LACKEY FARM
ROAD. SITES # 3 AND # 8 ARE ON MIRACLE FARM ROAD 5000 LF SOUTH OF ITS
INTERSECTION WITH EAST LACKEY FARM ROAD. SITE # 6: IN
NORTHWESTERN IREDELL COUNTY AT THE INTERSECTION OF NC HWY 90
AND SR 1554 (NIIDWAY ROAD), HEAD NORTH ON SR 1554 TO SR 1565
(STIKELEATHER RD), TURN LEFT ONTO SR 1565 AND CONTINUE, 6800 LF TO
SITE # 6. SITE # 7: IN ALEXANDER COUNTY AT THE INTERSECTION OF NC
HWY 90 AND SR 1633 (LENTZ RD) HEAD SOUTHWEST ON SR 1633 FOR 2350 LF
TO SITE # 7.
5. Site coordinates, if available (UTM or Lat/Long): SITE # 1 N 35-45.20' W 81-2.71',
Page 6 of 13
SITE # 2 N 35-45.25' W 81-2.61', SITE # 3 N 35-49.18' W 81-2.17',
SITE # 4 N 35-49.78' W 81-1.74' SITE # 5 N 35-49.78' W 81-1.65',
SITE # 6 N 35-52.85' W 81-2.10', SITE # 7 N 35-52.08' W 81-3.98'
SITE # 8 N 35-49.19' W 81-2.14'
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): N/A
7. Nearest body of water (stream/river/sound/ocean/lake): BUFFALO SHOALS CREEK,
GOBLE CREEK THIRD CREEK AND CULLYS BRANCH
8. River Basin: CATAWBA, YADKIN
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: WOODED AREAS AND FIELDS
10. Describe the overall project in detail, including the type of equipment to be used: WATER
LINES WILL BE INSTALLED OVER A DISTANCE OF APPROXIMATELY 92,000 LF.
LINE SIZE WILL BE EITHER 20" 16" OR IT'. EIGHT STREAM CROSSINGS ARE
NECESSARY TO ACHIEVE THE DESIRED INTERCONNECT. TRACKHOE WILL BE
USED FOR EXCAVATION AND BACKFILL.
11. Explain the purpose of the proposed work: TO PROVIDE INCREASED WATER
SERVICE TO THE AREA.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
V. Future Project Plans
Page 7 of 13
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: TEMPORARY DISTURBANCE IN
STREAMBED AND STREAMBANK TO PLACE WATER LINE BENEATH
STREAMBED
2. Individually list wetland impacts below: N/A
Wetland Impact
Site Number
(indicate on map)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(yes/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/dramage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplams are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at httn://www.fema'gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: N/A
Total area of wetland impact proposed: N/A
3. Individually list all intermittent and perennial stream impacts below:
Page 8 of 13
Stream Impact
Site Number
(indicate on map)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please specify)
1 EXCAVATION 10 LF BUFFALO SHOALS
CREEK 15' PERENNIAL
2 EXCAVATION 10 LF GOBLE CREEK 5' PERENNIAL
3 EXCAVATION 10 LF UT OF THIRD CREEK 4' PERENNIAL
4 EXCAVATION 10 LF THIRD CREEK 20' PERENNIAL
5 EXCAVATION 10 LF UT OF THIRD CREEK 4' PERENNIAL
6 EXCAVATION 10 LF CULLYS BRANCH 10' PERENNIAL
7 EXCAVATION 10 LF THIRD CREEK 15' PERENNIAL
8 EXCAVATION 10 LF UT OF THIRD CREEK 7' PERENNIAL
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usas.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com
www.ma guest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 80 LF
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below: N/A
Open Water Impact
Site Number
(indicate on map)
Type of Impact* Area of
Impact
(acres) Name of Waterbody

(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation N/A
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Page 9 of 13
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
ONE METHOD OF AVOIDING STREAM IMPACT WOULD BE ATTACHING THE
WATERLINE TO BRIDGES BUT THIS IS NOT ACCEPTABLE TO NCDOT. ANOTHER
WOULD BE TO INSTALL THE WATERLINE BETWEEN THE TOP OF THE CULVERT
AND THE ROADWAY BUT LESS THAN MINIMAL COVER EXISTS. AT THE
PROPOSED STREAM CROSSINGS, IMPACT IS MINVVHZED BY PLACING THE
WATERLINE BENEATH THE STREAMBED TO AVOID A PERMANENT OBSTRUCTION
TO FLOW. ALSO DURING CONSTRUCTION SILT FENCE WILL BE USED TO
PREVENT STREAMBANK AREA CONSTRUCTION SEDIMENT FROM ENTERING THE
STREAM. FINALLY, THE STREAMBANK WILL BE PROTECTED PERMANENTLY
WITH RIPRAP.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams. N/A
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide.html.
Page 10 of 13
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/)M/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes N No ?
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes N No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No N PENDING (COMMENTS ATTACHED)
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
Page I 1 of 13
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No ® If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* (squImpact are feet) Multiplier Mitigatio
1 3
2 1.5
Total
Gone t extends out iu teet perpenatcuiar Irom near bank of Channel; Gone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
N/A
XI. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
THE AREA OF IMPERVIOUS COVER WILL NOT CHANGE
XH. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
N/A
XM. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Page 12 of 13
Is this an after-the-fact permit application?
Yes ? No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
.ppWant/Agent's Signature Date
signature is valid only if an authorization letter from the applicant is provided.)
Page 13 of 13
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ROAD CLASSIFICATION
Primary highway, Light-duty road, hard or
hard surface improved surface
Secondary highway,
hard surface Unimproved road
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North Carolina
Department of Administration
Michael F. Easley, Governor Gwynn T. Swinson, Secretary
July 2, 2004
Mr. Jerry Twiggs
Energy United Water Corporation
c/o West Consutlants, PLLC
405 South Sterling Street
Morganton, NC 28655
Dear Mr. Twiggs:
Re: SCH File # 04-E-0000-0338; Scoping; Proposed project is to transport 2 mgpd of water from the
City of Newton's water filtration plant to applicant's system in Stony Point. Few users will be
added initially, but the additonal capacity will allow for the growth of the applicant's system.
The above referenced environmental impact information has been submitted to the State Clearinghouse
under the provisions of the National Environmental Policy Act. According to G. S. I I3A-10, when a
state agency is required to prepare an environmental document under the provisions of federal law, the
environmental document meets the provisions of the State Environmental Policy Act. Attached to this
letter for your consideration are the comments made by agencies in the course of this review.
If any further environmental review documents are prepared for this project, they should be forwarded to
this office for intergovernmental review.
Should you have any questions, please do not hesitate to call.
Sincerely,
Ms. Chrys Baggett
Environmental Policy Act Coordinator
Attachments
cc: Region E
Region F
USDA - Rural Development
Mailing Address: Telephone: [phone] Location Address:
1301 Mail Service Center Fax [phone] West Jones Street
Raleigh, NC 27699-1301 State Courier #51-01-00 Raleigh, North Carolina
e-mail [e-mail]
An Equal Opportunity/Affirmative Action Employer
06/28/2004 11:30 9197153060 NCDENR
North. Carolina Division of Water Resources
June 24, 2004
MEMORANDUM (lay E-=11)
TO, ],Melba McGee
Office of Legislative and Intergovernmental Affairs
FROM: W.L.Yonts, Jr., FIE
SUBJECT: Clearinghouse Review, Project No. 04-0338
Energy United Water Corporation
Alexander County
PAGE 01/01
We have reviewed the Environmental Scoping document that includes plans for the Energy United Water
Corporation (EUWC) and the Town of Taylorsville to purchase 2 MGD capacity in the City of Newton water
treatment plant. The proposed project would install waterlines and a pumping station to distribute the water
to the E MIC, Taylorsvi..lle,..Love valley, and West Iredell WC water systems. The North Carolina Division
of Water Resources (NCDWR) comments about the proposed plans are as follows:
1. The service areas for the JEUWC, Taylorsville, Love Valley, and West Iredell WC water systems are
located in the. Catawba River and Yakin River basins. The water supply source for the City of Newton is
surface water from the South Fork Catawba River Basin.
2. This proposed plan will be a transfer of surface water between river basins and is subject to Notch
Carolina General Statute 143-215.22I, Regulation of Surface Water Transfers. The intention of the law
is to regulate large surface water transfers between river basins. In general, a transfer certificate from the
FAvironmental Management Commission is required when a new transfer is 2 million gallons per day or
more.
Interbasin Transfer Worksheets have been emailed to Rod Watts with the Energy United Water Corporation
to complete and returned to the Division of Water Resources. The work sheets will document any existing
and planned transfers and help determine if a transfer certificate is required for this project. The worksheets
will become Pats 4 of the 2402-Local Water Supply Plan for the Energy United Watcr Corporation.
Flcase contact Phil Fragapene, [phone], with the Water Allocation Section, Division of Water
Resources if you have any questions about our comments or need assistance to complete the worksheets.
Attachments
cc, Phil. Fragap&ic attl Linwood Peele, NCDWR and Wayne Munden, NCDNH
Rod Watts, Energy United Water Corporation
1611 Mail Service Center, Raleigh, North Carolina, 27699-1611
Phone: 919 - 73311064 1 FAX: 919 - 733-3558 1 Internet: www.ncwater.org
AN EQUAL OPPORTUNITY 1 AFFIRMAT W;; ACTION EMPLOYER - 50% RECYCLED 110% POST CONSUMER PAPER
EORTH CAROLINA STATE CLEARINGHOUSE
DEPARTMENT OF ADMINISTRATION
INTERGOVERNMENTAL REVIEW
JUN
MS RENEE GLEDHILL-EARLEY..-
CLEARINGHOUSE COORD
DEPT OF CUL RESOURCES
ARCHIVES-HISTORY BLDG - MSC 4617
RALEIGH NC
REVIEW DISTRIBUTION
CC&PS - DEM, NFIP
CENTRALINA COG
DENR LEGISLATIVE AFFAIRS
DEPT OF CUL RESOURCES
DEPT OF TRANSPORTATION
WESTERN PIEDMONT COG
404
o ??'s EI}
DC4
PROJECT INFORMATION "`fl7lll?'
APPLICANT: Energy United Water Corporation
TYPE: National Environmental Policy Act
"RD: Scoring
STATE NUMBER: 04-E-0000-0338
DATE RECEIVED: 06/02/2004
AGENCY RESPONSE: 06/28/2004
REVIEW CLOSED: 07/02/2004

it
' LO.
H01
DESC: Proposed project is to transport 2 mgpd of water from the City of Newton's water
filtration plant to applicant's system in Story Point. Few users will be added
initially, but the additonal capacity will allow for the growth of the applicant's
systems
The attached project has been submitted to the N. C. State Clearinghouse for
intergovernmental review. Please review and submit your response by the above
ab.da:ggt4?c8FAer@?5=T'30t4M-i=sS@pq?@ ?C@ @@@e RBA s?Fi i?78y3= °G?T [phone].
AS A RESULT OF THIS REVIEW THE FOLLOWING IS SUBMITTED:
A NO COMMENT
F] COMM S ATTACHED
SIGNED BY:
lUA 1 6 70G4
:„
L Sa
JUN 0 9 2004
i
7 MA
A
M-
NCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor
MEMORANDUM
TO: Chrys Baggett
State Clearinghouse
FROM: Melba McGee II//.?
Environmental?Review Manager
o?
11 11/1-1
L6 C i n C. .-y
William G. Ross Jr., Secretary
The Department of Environment and Natural Resources has completed its review.
Our regional office within the geographic area of the proposed project has identified
permits that may be required prior to project construction. For more information, the
project applicant should notify the respective regional office marked on the back of the
attached permit form.
Thank you for the opportunity to review.
Attachment
1601 Mail Service Center, Raleigh, North Carolina 27699-1601
Phone: [phone] \ FAX: [phone] \ Internet: www.enr.state.nc.uslENR
An Equal Opportunity 1 Affirmative Action Employer - 50%a Recycled 110% Post Consumer Paper
AT ?Ilxl
State of North Carolina Reviewing Office: fQ
NCDENR Department of Environment and Natural Resources
Project Number: 1/2/L 0.333 Due Date: 6? /. al-L14-
INTERGOVERNMENTAL REVIEW - PROJECT COMMENTS
After review of this project it has been determined that the DENR permit(s) and/or approvals indicated may need to be obtained in order for this project
to comply with North Carolina Law. Questions regarding these permits should be addressed to the Regional Office indicated on the reverse of this form.
All applications, information and guidelines relative to these plans and permits are available from the same Regional Office.
PERMITS SPECIAL APPLICATION PROCEDURES or REQUIREMENTS Normal Process Time
(Statutory Time Limit)
C3 Permit to construct & operate wastewater treatment Application 90 days before begin construction or award of construction 30 days
facilities, sewer system extensions & sewer systems contracts. On-site inspection. Post-application technical conference usual. (90 days)
not discharging into state surface waters.
NPOES-permit to discharge into surface water and/or Application 180 days before begin activity. On-site inspection preapplication
permit to operate and construct wastewater facilities conference usual. Additionally, obtain permit to construct wastewater treatment 90 -120 days
discharging into state surface waters. facility-granted after NPOES. Reply time, 30 days after receipt of plans or issue (N/A)
of NPOES permit-whichever is later.
Water Use Permit Preapplication technical conference usually necessary 30 days
I I (N/A)
r-I Well Construction Permit Complete application must be received and permit issued prior to the 7 days
installation of a well. (15 days)
C11 Dredge and Fill Permit Ny -
Application copy must be served on each adjacent riparian property owner. 55 davs
I On-site inspection. Preapplication conference usual. Filling may require Easement
(90 days)
I to Fill from N.C. Department of Administration and Federa! Dredge and Fill Permit. ?
o i Permit to construe: & operate Air Polluticn Abatement
1
faciiides and!or Emission Sources as per 15 A NCAC N/A 60 days
1 (2Q.0100,2Q.030G,2H.06CO) 'r- ?.
11

?l Any open burning associated with subject proposal
i
h 1
C I 14?? C `.TJ>
i
1 ?" G
f
must be n compliance w
t
5 A N
AC 2DA900 ? I

I i? I
..? I
DPI^Oli.'ipr. p'renGVattO??i Of structures containing
cestos material must be in compliance with
a< i ?w` 2do4

i
[?) !
- a
N/A
E
1 60 ddVs
!
I 1 S A NCAC 2D.1110 (a) (1) which requires notification
li
d
d
i
C
b R1rv"
?S
, 19
C d ys)
an
remuva. prior to
emo
t
on.
ontact As
estos r F Mg?t+9„nP ?n
I Control Group 919-733-0820.

l
P
i
i
15 A NCAC
S
d
d
C
omp
ource
erm
t requ
re
un
ex
er
2D
0800
. r v?
The Sedimentation Pollution Control Act of 1973 must be properly addressed for anv land disturbing activity. An erosion & sedimentation I 20 days
centrpl plan will be required it one or more acres to be disturbed. Plan filed with proper Regionai Office :Land Quality Section) ar !east 30 (30 Gays)
1 ; days before beginning activirv. A fee of SSO for the first acre or any part of an acre. 1
t
The Sedimentation Pollution Control Act of 1973 must be addressed with respect to the referenced Local Ordinance. I 30 days
Sedimentation and erosion control must be addressed in accordance with NCDOTs approved program. Particular attention should be
given to design and installation of appropriate perimeter sediment trapping devices as well as stable stormwater conveyances and outlets.
Mining Permit On-site inspection usual. Surety bond filed with DENR. Bond amount varies with
type mine and number of acres of affected land. Any are mined greater than 30 days
one acre must be permitted. The appropriate bond must be received before (60 days)
the permit can be issued.
Q North Carolina Burning permit On-site inspection by N.C. Division of Forest Resources if permit exceeds 4 days 1 day
(N/A)
?

Special Ground Clearance Burning Permit-22 counties
On-site inspection by N.C.Division of Forest Resources required 'if more than five I
1 day
in coastal N.C.with organic soils. acres of ground clearing activities are involved. Inspections should be requested (N/A)
at least ten days before actual burn is planned.'
I
I C]
Oil Refining Facilities
N/A
90 - 120 days
(N/A)
C]l Dam Safety Permit
PERMITS
Ell Permit to drill exploratory oil or gas well
C]I Geophysical Exploration Permit
C]I State Lakes Construction Permit
CJ1 401 Water Quality Certification
C]l CAMA Permit for MAJOR development
? l CAMA Permit for MINOR development
SPECIAL APPLICATION PROCEDURES or REQUIREMENTS
If permit required, application 60 days before begin construction. Applicant
must hireconstructionN.Cis. qualified engineer to: prepare plans, inspect construction, certify
according to DENR approved plans. May also require permit under
mosquito control program, and a 404 permit from Corps of Engineers.
An inspection of site is necessary to verify Hazard Classification. A minimum
fee of $200.00 must accompany the application. An additional processing fee
based on a percentage or the total project cost will be required upon completion.
File surety bond of $5,000 with DENR running to State of N.C. conditional that any
well opened by drill operator shall, upon abandonment, be plugged according
to DENR rules and regulations.
Application filed with DENR at least 10 days prior to issue of permit Application
by letter. No standard application form.
Application fees based on structure size is charged. Must include descriptions
& drawings of structure & proof of ownership of riparian property.
N/A
5250.00 fee must accompany application
550.00 fee must accompany application
? I several geodetic monuments are located in or near the project area. If any monument needs to be moved or destroyed, notify:
I N.C. Geodetic Su please
rvey, Box 27687 Raleigh, N.C. 27611
a ,
Normal Process Time
(Statutory Time Limit)
30 days
(60 days)
10 days
(N/A)
10 days
(N/A)
15 - 20 days
(N/A)
55 days
(130 days)
60 days
(130 days)
22 days
(25 days)
? I Abandonment of any wells, if required must be in accordance with Title 15A.Subchapter 20.0100.
F Notification ---the proper regional office is requested if "orphan' underoround storage tanks (USTS) are discovered durino any excavation operation.
Compliance with 15A NCAC 2H 1000 (Coastal Stormwater Rules) is required.
Other cc:mments (attach additional pages as necessary, being certain to cite comment authority)
f.
V??G-
45 days
(N/A)
REGIONAL OFFICES
Questions regarding these permits should be addressed to the Regional Office marked below-
? Asheville Regional Office
59 Woodfin Place
Asheville, N.C.28801
[phone]
? Fayetteville Regional Office
225 Green Street, Suite 714
Fayetteville, N.C- 28301
[phone]
Mooresville Regional Office
919 North Main Street
Mooresville, N.C.28115
[phone]
? Raleigh Regional Office
3800 Barrett Drive, P.O. Box 27687
Raleigh, N.C.27611
[phone]
? Washington Regional Office
943 Washington Square Mall
Washington, N.C.27889
[phone]
? Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, N.C.28405
[phone]
? Winston-Salem Regional Office R
585 Waughtown Street
Winston-Salem, N.C.27107
[phone]
DEPARTMENT OF ENVIRONMENT AND Project Number
NATURAL RESOURCES o4 -©3
DIVISION OF ENVIRONMENTAL HEALTH Co ty
Inter-Agency Project Review Response
Project Name N*__.? Type of Project
Sej-? u4#
The applicant should be advised
that plans and specifications for III water system
improvements must be approved by the Division of Environmental Health prior to the
award of a contract or the initiation of construction (as required by 15A NCAC 18C
.0300et. seq.). For information, contact the Public Water Supply Section, (919)
733-2321.
? This project will be classified as a non-community public water supply and must comply
with state and federal drinking water monitoring requirements. For more information the
applicant should contact the Public Water Supply Section, [phone].
? If this project is constructed as proposed, we will recommend closure of feet of
adjacent waters to the harvest of shellfish. For information regarding the shellfish
sanitation program, the applicant should contact the Shellfish Sanitation Section at (252)
726-6827.
? The soil disposal area(s) proposed for this project may produce a mosquito breeding
problem. For information concerning appropriate mosquito control measures, the
applicant should contact the Public Health Pest Management Section at [phone].
? The applicant should be advised that prior to the removal or demolition of dilapidated
structures, a extensive rodent control program may be necessary in order to prevent the
migration of the rodents to adjacent areas. For information concerning rodent control,
contact the local health department or the Public Health Pest Management Section at
[phone].
? The applicant should be advised to contact the local health department regarding their
requiremen is far septic tank instaliations (as required under 15A NCAC 18A. 1900 et.
sep ). For information concerning septic ianK and other on-site waste disposal methods,
contact the On-Site Wastewater Section at [phone].
? The applicant should be advised to contact the local health department regarding the
sanitary facilities required for this project.
? If existing water lines will be relocated during the construction, plans for the water line
relocation must be submitted to the Division of Environmental Health, Public Water
Supply Section, Technical Services Branch, 1634 Mail Service Center, Raleigh, North
Carolina 27699-1634, [phone].
? For Regional and Central Office comments, see the reverse side of this form.
Reviewer Section/Branch alto,
J
i ;;8i.11^i'1VA EF-i -UPLY S:]tii%
Project Number
DEPARTMENT OF ENViF?DW
NATURAL RESOURCES 04_os
N ' ;!DIVISION OF ENVIRONMENTAL HEALTH County
I ter-Age cy Project Review Response
k ?n
roject Type of Project (-+K ?-
Zmf 1
7ow?of'.?ove !??/?y? ?' ?? vvcohnec7 "
Comments provided by:
? Regional Program Person
fq Regional Engineer for Public Water Supply Section
? Central Office program person
Name: Dater
Telephone number: -755A Co!??3-A F9
Program within Division of Environmental Health:
? Public Water Supply
? Other, Name of Program:
Response (check all applicable):
? No objection to project as proposed
? No comment
? Insufficient information to complete review
? Comments attached
Return to:
Public Water Supply Section
Environmental Review Coordinator
for the
Division of Environmental Health
North Carolina Division of Water Resources
June 24, 2004
MEMORANDUM (by E-mail)
TO: Melba McGee
Office of Legislative and Intergovernmental Affairs
FROM: W.L.Yonts, Jr., PE
SUBJECT: Clearinghouse Review, Project No. 04-0338
Energy United Water Corporation
Alexander County
We have reviewed the Environmental Scoping document that includes plans for the Energy United Water
Corporation (EUWC) and the Town of Taylorsville to purchase 2 MGD capacity in the City of Newton water
treatment plant. The proposed project would install waterlines and a pumping station to distribute the water
to the EUWC, Taylorsville, Love Valley, and West Iredell WC water systems. The North Carolina Division
of Water Resources (NCDWR) comments about the proposed plans are as follows:
1. The service areas for the EUWC, Taylorsville, Love Valley, and West Iredell WC water systems are
located in the Catawba River and Yakin River basins. The water supply source for the City of Newton is
surface water from the South Fork Catawba River Basin.
2. This proposed plan will be a transfer of surface water between river basins and is subject to North
Carolina General Statute 143-215.22I, Regulation of Surface Water Transfers. The intention of the law
is to regulate large surface water transfers between river basins. In general, a transfer certificate from the
Environmental Management Commission is required when a new transfer is 2 million gallons per day or
more.
Interbasin Transfer Worksheets have been emailed to Rod Watts with the Energy United Water Corporation
to complete and returned to the Division of Water Resources. The work sheets will document any existing
and planned transfers and help determine if a transfer certificate is required for this project. The worksheets
will become Part 4 of the 2002-Local Water Supply Plan for the Energy United Water Corporation.
Please contact Phil Fragapane, [phone], with the Water Allocation Section, Division of Water
Resources if you have any questions about our comments or need assistance to complete the worksheets.
Attachments
cc: Phil Fragapane and Linwood Peele, NCDWR and Wayne Munden, NCDEH
Rod Watts, Energy United Water Corporation
1611 Mail Service Center, Raleigh, North Carolina, 27699-1611
Phone: 919 - 733-4064 \ FAX: 919 - 733-3558 \ Internet: www.ncwater.org
AN EQUAL OPPORTUNITY \ AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED / 10% POST CONSUMER PAPER
r 01
WEST CONSULTANTS, PLLC
Consulting Engineers
405 South Sterling Street
MORGANTON, NORTH CAROLINA 28655
Phone [phone] Fax [phone]
To NC Dept. Of Cultural Resources
Division Of Archives And History
4617 Mail Service Center
Raleigh NC 27699-4617
Copy
106(
D@??@G' Off } ` G'?1Cn]?Gu?i 0
JOB NUMBER/PHONE DATE
03088 2/23/2004
ATTENTION
Renee Gledhill-Earley
ri C:
Environmental Assessment Report
City of Newton Water Interconnect and
Town of Love Valley Interconnect
WE ARE SENDING YOU X Attached Under separate cover via the following items.
Shop drawings Prints Plans Specifications Samples
Copy of letter Change order Other:
COPIES DATE NUMBER DESCRIPTION
1 Environmental Assessment Report
THESE ARE TRANSMITTED as checked below:
For your approval Approved as submitted Resubmit copies for approval
For your use Approved as noted Submit copies for distribution
As requested Returned for corrections Return corrected prints
X For review and comment Other
FOR BIDS DUE/DATE: PRINTS RETURNED AFTER LOAN TO US
REMARKS
Enclosed you will find one copy of the Energy United/City of Newton Waterline Interconnect - Town of
Love Valley Waterline Interconnect Environmental Assessment Report for your review and comment.
Thank you for your assistance.
COPY TO File SIGNED
ff enclosures are not as noted, please notify us at once.
PRODUCT 13127M USE WITH 771 ENVELOPE NEBS To Reorder. 1-800-225-6380 or www.nebs.Com PRINTED IN U.S.A. A
of $TAlEq
N.av» t
?aaw•?
North Carolina Department of Cultural Resources
State Historic Preservation Office
Michael F. Easley, Governor
Lisbeth C. Evans, Secretary
Jeffrey J. Crow, Deputy Secretary
Office of Archives and History
March 16, 2004
Benjamin B. Thomas, P.E.
West Consultants, PLLC
405 South Sterling Street
Morganton, NC 28655
Re: City of Newton Water Interconnect, Catawba County
Town of Love Valley Water Interconnect, Iredell County
ER04-0617
Dear Mr. Thomas:
Division of Historical Resources
David L. S. Brook, Director
Thank you for your letter of March 3, 2004, transmitting the environmental assessment report
concerning the above projects.
We have conducted a review of the proposed undertakings and are aware of no historic
resources which would be affected by the project. Therefore, we have no comment on the
undertakings as proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation
Act and the Advisory Council on Historic Preservation's Regulations for Compliance with
Section 106 codified at 36 CFR Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the
above comment, please contact Renee Gledhill-Earley, environmental review coordinator, at
919/7 33-4763. In all future communication concerning these projects, please cite the above-
referenced tracking number.
Sincerely, %,J" 4?
avid Brook
www.hpo.dcrstate.nc.us
Location Mailing Address
ADMINISTRATION 507 N. Blount St, Raleigh, NC 4617 Mail Service Center, Raleigh, NC 27699-4617
RESTORATION 515 N. Blount St, Raleigh, NC 4617 Mail Service Center, Raleigh, NC 276994617
SURVEY & PLANNING 515 N. Blount St, Raleigh, NC 4617 Mail Service Center, Raleigh, NC 27699-4617
Telephone/Fax
[phone].733-8653
[phone].715-4801
[phone] 9715-4801
I 4
WEST CONSULTANTS, PLLC
Consulting Engineers
405 South Sterling Street
MORGANTON, NORTH CAROLINA 28655
Phone [phone] Fax [phone]
To US Army Corps Of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville NC 28801-5006
COPY
1064
JOB NUMBEWPHONE DATE
03088 2/23/2004
ATTENTION
Scott McLendon
r1r: -
Environmental Assessment Report
City of Newton Water Interconnect and
Town of Love Valley Interconnect
WE ARE SENDING YOU X Attached Under separate cover via the following items.
Shop drawings Prints Plans Specifications Samples
Copy of letter Change order Other:
COPIES DATE NUMBER DESCRIPTION
1 Environmental Assessment Report
THESE ARE TRANSMITTED as checked below:
For your approval Approved as submitted Resubmit copies for approval
For your use Approved as noted Submit copies for distribution
As requested Returned for corrections Return corrected prints
X For review and comment Other
FOR BIDS DUE/DATE: PRINTS RETURNED AFTER LOAN TO US
REMARKS
Enclosed you will find one copy of the Energy United/City of Newton Waterline Interconnect - Town of
Love Valley Waterline Interconnect Environmental Assessment Report for your review and comment.
Thank you for your assistance.
COPY TO File
SIGNED
H enclosures are not as noted, please notify us at once.
PRODUCT 13127M USE WITH 771 ENVELOPE NEBS To Reorder: 1-800-225-6380 or www.nebsxom
PRINTED IN U.S.A. A
WEST CONSULTANTS, PLLC
Consulting Engineers
405 South Sterling Street
MORGANTON, NORTH CAROLINA 28655
Phone [phone] Fax [phone]
TO
FEMA
3003 Chamblee Tucker Road
Atlanta GA 30341
COPY 1064
JOB NUMBER/PHONE DATE
03088 /23/2004
ATTENTION
Charles Beck
r1C:
Environmental Assessment Report
City of Newton Water Interconnect and
Town of Love Valley Interconnect
WE ARE SENDING YOU X Attached Under separate cover via the following items.
Shop drawings Prints Plans Specifications Samples
Copy of letter Change order Other:
COPIES DATE NUMBER DESCRIPTION
1 Environmental Assessment Report
THESE ARE TRANSMITTED as checked below:
For your approval Approved as submitted Resubmit copies for approval
For your use Approved as noted Submit copies for distribution
As requested Returned for corrections Return corrected prints
x For review and comment Other
FOR BIDS DUE/DATE: PRINTS RETURNED AFTER LOAN TO US
REMARKS
Enclosed you will find one copy of the Energy United/City of Newton Waterline Interconnect - Town of
Love Valley Waterline Interconnect Environmental Assessment Report for your review and comment.
Thank you for your assistance.
COPY TO File SIGNED
ff enclosures are not as noted, please notify us at once.
PRODUCT 13127M USE WITH 771 ENVELOPE NEBS TO Reorder. 1-800-225-6380 Or www.nebs.COn1 PRINTED IN U.SA. A
WEST CONSULTANTS, PLLC
Consulting Engineers
405 South Sterling Street
MORGANTON, NORTH CAROLINA 28655
Phone [phone] Fax [phone]
TO US Fish & Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville NC 28801
WE ARE SENDING YOU X Attached Under separate cover via
Shop drawings Prints Plans
Copy of letter Change order Other:
COPY 1058
0@qft[p go q[pQ[ nM@N@Oggff
JOB NUMBER/PHONE DATE
03088 12/23/2004
ATTENTION
Mark Cantrell
RE:
Environmental Assessment Report
City of Newton Water Interconnect and
Town of Love Valley Interconnect
the following items.
Specifications Samples
COPIES DATE NUMBER DESCRIPTION
1 Environmental Assessment Report
THESE ARE TRANSMITTED as checked below:
For your approval Approved as submitted Resubmit copies for approval
For your use Approved as noted Submit copies for distribution
As requested Returned for corrections Return corrected prints
X For review and comment Other
FOR BIDS DUE/DATE: PRINTS RETURNED AFTER LOAN TO US
REMARKS
Enclosed you will find one copy of the Energy United/City of Newton Waterline Interconnect - Town of
Love Valley Waterline Interconnect Environmental Assessment Report for your review and comment.
Thank you for your assistance.
COPY TO File
SIGNED
if enclosures are not as noted, please notify us at once.
' PRODUCT 13127M USE WITH 771 ENVELOPE NEBS To Reorder: 1-800-225-6380 or www.nebs.com
PRINTED IN U.S.A. A
ft
ENT OF TH
United States Department of the Interior
N
7 S
FISH AND WILDLIFE SERVICE
?4gCH Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801
March 31, 2004
Mr. Benjamin B. Thomas, P.E.
West Consultants, PLLC
405 South Sterling Street
Morganton, North Carolina 28655
Dear Mr. Thomas:
R OLde
R- 2 2004 D
i
Subject: Environmental Assessment, City of Newton Water Interconnect and Town of Love
Valley Interconnect, Alexander and Iredell Counties, North Carolina
In your letter of February 23, 2004, you requested our comments on the subject project. The
following comments are provided in accordance with the provisions of the Fish and Wildlife
Coordination Act, as amended (16 U.S.C. 661-667e), and section 7 of the Endangered Species
Act of 1973, as amended (16 U.S.C. 1531-1543) (Act).
According to the subject Environmental Assessment, during the years of 2000-2002, Energy
United Water Corporation (EUWC) was forced to shut down their water filtration plant on
several occasions due to an inadequate water supply. EUWC and the Town of Taylorsville have
entered into an agreement to purchase 2 million gallons per day from the City of Newton. In
order to transport this water to the EUWC and Taylorsville systems, it will be necessary to install
about 45,000 linear feet of 16-inch water line, 22,000 linear feet of 12-inch water line, and a
pumping station. Additionally, West Iredell Water Corporation (WIWC) purchases water from
EUWC and will get a new connection (1,000 linear feet of 16-inch water line) on the proposed
new 16-inch line. An additional interconnect is proposed between EUWC and the Town of Love
Valley's system. Water main lines will consist of about 16,000 linear feet of 8-inch water line
and 23,000 feet of 6-inch water line. The proposal also includes a new booster pump station and
a 75,000-gallon storage tank. The entire project, with the exception of the pump station, will be
located in North Carolina Department of Transportation (NCDOT) rights-of-way. The
Environmental Assessment also states that no wetlands will be impacted.
We are particularly concerned about the secondary and cumulative impacts of this project,
especially if the project will support further development of the area. Unless proactive measures
are taken in the early planning stages, we do not believe secondary and cumulative impacts will
be minimized. Adopting ordinances that protect wide forested riparian corridors and the
100-year floodplain and that adequately treat storm water in development areas is essential to the
protection of water quality and aquatic habitat in developing landscapes. The North Carolina
Wildlife Resources Commission has developed a "Guidance Memorandum to Address and
Mitigate Secondary and Cumulative Impacts to Aquatic and Terrestrial Wildlife Resources and
Water Quality" that we support and encourage you to use. It can be accessed via the Internet as
follows: http://Www.ncwildlife.orglpg07 wildlifespeciescon/pg7c3_impacts pdf.
We offer the following recommendations to help address secondary and cumulative impacts
associated with this project and to help minimize impacts to fish and wildlife resources:
1. In addition to the protection of riparian buffers, we strongly discourage the
in-fill of 100-year floodplains for commercial or residential development. This
process only increases the potential for flooding adjacent properties and
interferes with the natural hydrological process of the waterways. It also
disrupts the continuity of migration corridors for wildlife. Instead, we
recommend that developers set aside a portion of the land to be developed as
green space and concentrate these areas along the streams and rivers.
2. The construction of roadways in new neighborhoods or industrial areas can
produce short-term direct impacts as well as long-term cumulative effects.
Studies have shown a serious decline in the health of receiving waters when
10 to 15 percent of a watershed is converted to impervious surfaces. Impervious
surfaces should be limited to no more than 7 percent, curb and gutter should be
limited in new developments, and the direct discharge of storm water into
streams should be prevented. We recommend the use of grassed swales in place
of curb and gutter and on-site storm-water management (i.e., bioretention areas)
that will result in no net change in the hydrology of the watershed. These
designs often cost less to install and significantly reduce environmental impacts
from residential development.
3. Efforts should be made to avoid the removal of large trees at the edges of
construction corridors. Disturbed areas should be reseeded with seed mixtures
that are beneficial to wildlife. Fescue-based mixtures should be avoided; fescue
is invasive and provides little benefit to wildlife. Native annual small grains
appropriate for the season are preferred and recommended. Where feasible, use
woody debris and logs from corridor clearing to establish brush piles and
downed logs at the edges (just in the woods) of the cleared rights-of-way to
improve habitat for wildlife. Allowing corridor areas to develop into a
brush/scrub habitat would maximize benefits to wildlife. Corridor maintenance
should be minimized, and mowing should be prohibited between April I and
October 1 in order to reduce impacts to nesting wildlife. We suggest a
maintenance schedule that incorporates a portion of the area (e.g., one-third)
2
each year instead of the entire project every 2 or 3 years. Additionally,
herbicides should not be used in wetland areas or near streams.
You do not present evidence of surveys of the project area for federally listed species known
from Alexander or Iredell County. Unless an area has been specifically surveyed for listed
species or no appropriate habitat exists, a survey should be conducted to ensure that these
resources are not inadvertently lost. While we note that the project will be built primarily in
NCDOT rights-of-way, some federally listed species inhabit disturbed areas such as
rights-of-way and stream crossings. Enclosed is a list of federally endangered and threatened
species and federal species of concern for Alexander and Iredell Counties. In accordance with
the Act, it is the responsibility of the appropriate federal agency or its designated representative
to review its activities or programs and to identify any such activities or programs that may affect
endangered or threatened species or their habitats. If it is determined that the proposed activity
may adversely affect any species federally listed as endangered or threatened, formal consultation
with this office must be initiated. Please note that federal species of concern are not legally
protected under the Act and are not subject to any of its provisions, including section 7, unless
they are formally proposed or listed as endangered or threatened. We are including these species
in our response to give you advance notification and to request your assistance in protecting
them.
We remind you that when you are assessing the potential impacts of this project, secondary (i.e.,
housing developments, commercial development) and cumulative impacts must be taken into
account. Unless the water lines will be installed regardless of whether additional connections
(and thus development) will be added, the U.S. Fish and Wildlife Service considers the water
lines an interrelated/interdependent activity. An interrelated activity is an activity that is part of
the proposed action and depends on the proposed action for its justification. An interdependent
activity is an activity that has no independent utility apart from the action under consultation. A
determination of whether other activities are interrelated to, or interdependent with, the proposed
action under consultation is made by applying a "but for" test. That is, it must be determined that
the other activity under question would not occur "but for" the proposed action under
consultation (U.S. Fish and Wildlife Service and National Marine Fisheries Service. 1998.
Endangered Species Consultation Handbook - Procedures for Conducting Consultation and
Conference Activities under Section 7 of the Endangered Species Act. Washington, D.C.).
Therefore, before we can conclude section 7 consultation under the Act, you must provide us
with information showing that the water lines are not interrelated to, or interdependent with,
future development, or you must provide us with more information regarding the impacts of the
water lines and any secondary impacts (i.e., housing developments, commercial development)
associated with their installation.
Without more specifics about construction techniques at stream crossings, it is difficult for us to
assess potential environmental impacts. Any stream crossing that will involve trenching the
stream or the placement of a pipe in the stream should be reevaluated using directional boring as
an alternative. We are, however, particularly concerned about stream impacts that could occur as
a result of this project. If there will be direct impact of streams from water line crossings, we
need more detailed information about the stream crossings and the mitigation planned to offset
any impacts. Any mitigation plan for this project should include the restoration of comparable
wetlands and streams at a ratio of at least 2:1.
Do not hesitate to contact Mr. Allen Ratzlaff of our staff at 828/258-3939, Ext. 229, if you have
any questions regarding our comments. We have assigned our Log No. 4-2-04-162 to this
project; please refer to it in all future correspondence directed to us concerning this matter.
Sincerely,
Brian P. Cole
Field Supervisor
Enclosure
cc:
Mr. Ron Linville, Regional Coordinator, Habitat Conservation Program, North Carolina Wildlife
Resources Commission, 3855 Idlewild Road, Kernersville, NC 27284-9180
4
ENDANGERED, THREATENED, AND CANDIDATE SPECIES AND
FEDERAL SPECIES OF CONCERN,
ALEXANDER AND IREDELL COUNTIES, NORTH CAROLINA
This list was adapted from the North Carolina Natural Heritage Program's County Species List. It is a
listing, for Alexander and Iredell Counties, of North Carolina's federally listed and proposed endangered,
threatened, and candidate species and Federal species of concern (for a complete list of rare species in
the state, please contact the North Carolina Natural Heritage Program). The information in this list is
compiled from a variety of sources, including field surveys, museums and herbaria, literature, and
personal communications. The North Carolina Natural Heritage Program's database is dynamic, with
new records being added and old records being revised as new information is received. Please note that
this list cannot be considered a definitive record of listed species and Federal species of concern, and it
should not be considered a substitute for field surveys.
Critical habitat: Critical habitat is noted, with a description, for the counties where it is designated or
proposed.
Aquatic species: Fishes and aquatic invertebrates are noted for counties where they are known to occur.
However, projects may have effects on downstream aquatic systems in adjacent
counties.
COMMON NAME SCIENTIFIC NAME STATUS
ALEXANDER COUNTY
Vertebrates
Bog turtle Clemmys muhlenbergii T(S/A)'
Rafinesque's big-eared bat Corynorhinus raftnesquii FSC*
Vascular Plants
Torrey's mountain-mint Pycnanthemum torrei FSC*
Nonvascular Plants
Keever's bristle-moss Orthotrichum keeverae FSC
IREDELL COUNTY
Vertebrates
Bog turtle Clemmys muhlenbergii T(S/A)'
Alleghany woodrat Neotoma magister FSC
Vascular Plants
Tall larkspur Delphinium exaltatum FSC*
Heller's trefoil Lotus helleri FSC
KEY:
Status Definition
Endangered A taxon "in danger of extinction throughout all or a significant portion of its range."
Threatened A taxon "likely to become endangered within the foreseeable future throughout all or a
significant portion of its range."
November 12, 2003 Page 1 of 2
FSC A Federal species of concem--a species that may or may not be listed in the future (formerly
C2 candidate species or species under consideration for listing for which there is insufficient
information to support listing).
T(S/A) Threatened due to similarity of appearance (e.g., American alligator )--a species that is
threatened due to similarity of appearance with other rare species and is listed for its protection.
These species are not biologically endangered or threatened and are not subject to Section 7
consultation.
Species with 1, 2, 3, or 4 asterisks behind them indicate historic, obscure, or incidental records.
*Historic record - the species was last observed in the county more than 50 years ago.
**Obscure record - the date and/or location of observation is uncertain.
***Incidental/migrant record - the species was observed outside of its normal range or habitat.
****Historic record - obscure and incidental record.
'In the November 4, 1997, Federal Register (55822-55825), the northern population of the bog turtle (from New
York south to Maryland) was listed as T (threatened), and the southern population (from Virginia south to Georgia)
was listed as T(S/A) (threatened due to similarity of appearance). The T(S/A) designation bans the collection and
interstate and international commercial trade of bog turtles from the southern population. The T(S/A) designation
has no effect on land-management activities by private landowners in North Carolina, part of the southern
population of the species. In addition to its official status as T(S/A), the U.S. Fish and Wildlife Service considers
the southern population of the bog turtle as a Federal species of concern due to habitat loss.
November 12, 2003 Page 2 of2
[ 4
ENVIRONMENTAL SERVICES, INC.
524 NEW HOPE ROAD
RALEIGH. NORTH CAROLINA 27610
[phone]
03 May 2004
Mr. WM. Jerry Twiggs
West Consultants, PLLC
405 South Sterling Street
Morganton, NC 28655
Re: Newton Waterline Interconnect (2 segments)
Dear Mr. Twiggs:
ER04-063
Thank you for contacting Environmental Services, Inc., (ESI) concerning the above referenced project.
At your request, ESI has conducted Threatened and Endangered (T&E) species habitat surveys for two
different waterline interconnects: the City of Newton Water Interconnect and the Town of Love Valley
Interconnect in Alexander and Iredell Counties, North Carolina.
City of Newton Water Interconnect
Federally listed species habitat surveys for the City of Newton Water Interconnect were conducted in
two different segments. The first proposed interconnect segment extends between SR 1005 and NC
90 on the north side of SR 1633 in Alexander County, NC. The second proposed waterline
interconnect segment extends from NC 90 in Alexander County south to the Catawba River in Iredell
County along the following roads (from north to south): SR 1478, SR 1565, SR 1554, NC 90, SR
1537, SR 1005, SR 1526, SR 1524, SR 1006, SR 1505, SR 1503, SR 1502, and US 64/70.
Town of Love Valley Interconnect
Federally listed species habitat surveys for the Town of Love Valley Interconnect were conducted in
two different segments. The main proposed interconnect segment extends from the Town of Love
Valley in Iredell County south to Cheatham Ford Road in Alexander County along the following
roads (from north to south): SR 1611, SR 1614, SR 1590, SR 1462, SR 1466, and SR 1461. In
addition, a small secondary road south of the Town of Love Valley was also evaluated.
The above described segments were reviewed on 28 April 2004 by ESI biologist Matt Smith. Mr. Smith
is a Senior Scientist with a B.S. degree in Marine Biology and more than eight years of professional
experience. The habitat along the proposed waterline interconnects consists of maintained roadside
usually ranging from four to six feet from the edge of pavement.
Federal Threatened and Endangered Species
Species with the federal classification of Endangered, Threatened, officially Proposed for such listing, are
03 May 2004
Newton Waterline
Page 2 of 4
protected under the Endangered Species Act of 1973 (ESA), as amended (16 USC 1531 et seq.).
ESI evaluated the City of Newton Water Interconnect and the Town of Love Valley Interconnect for
potential habitat for federally listed Threatened and Endangered species known to occur in Alexander and
Iredell Counties. The U.S. Fish and Wildlife Service (FWS) lists only the bog turtle (Clemmys
muhlenbergii) with a range considered to extend into Alexander and Iredell Counties (list date: 12
November 2003). No other Threatened, Endangered, or officially Proposed species were listed with
ranges extending into Alexander and Iredell Counties (list date: 12 November 2003). The following is a
description of bog turtle habitat requirements and results of the field evaluation.
Bog turtle - The bog turtle is a small turtle reaching an adult size of approximately 3 to 4 inches. This
otherwise darkly-colored species is readily identifiable by the presence of a bright yellow, orange or red
blotch on each side of the head (USFWS 2001). The bog turtle is typically found in bogs, marshes, and
wet pastures, usually in association with aquatic or semi-aquatic vegetation and small, shallow streams
over soft bottoms (Palmer and Braswell 1995).
The bog turtle has declined drastically within the northern portion of its range due to over-collection and
habitat alteration. As a result, the USFWS listed the bog turtle as threatened within the northern portion
of its range, and within the southern portion of its range, which includes North Carolina, the bog turtle is
listed as Threatened due to Similarity of Appearance [T(S/A)] to the northern population. The listing
allows incidental take of bog turtles in the southern population resulting from otherwise lawful activity.
T(S/A) species are not subject to Section 7 consultation and a biological conclusion is not required. Field
surveys for the bog turtle are not typically requested by the FWS in North Carolina as a permit
requirement since the species is listed as T(S/A).
Construction activities for the proposed waterline interconnects will be confined to the maintained
roadside right-of-ways. The only wetland habitats adjacent to the interconnect segments are forested
wetlands associated with streams; these wetlands do not provide habitat for bog turtle. Staying within the
right-of-way avoids all wetland impacts. Records held by the North Carolina Natural Heritage Program
(NHP) show that bog turtle has not been documented within 1.0 mile of the interconnect segments
evaluated. No impacts to bog turtle are expected as a result of this project.
FSC Species Descriptions
The 12 November 2003 FWS list also includes a category of species designated as "Federal Species of
Concern" (FSC). The FSC designation provides no federal protection under the ESA for the species
listed. However, these species are listed because they may attain federally protected status in the future.
The presence of potential habitat within the project study area has been evaluated in Table 1 for the FSC
species listed for Alexander and Iredell Counties. Brief habitat descriptions follow the table.
Records held by NHP were reviewed to determine if any of these FSC species had been previously
03 May 2004
Newton Waterline
Page 3 of 4
documented along the alignment of the proposed waterline interconnects. No FSC species have been
documented within 1.0 mile of the interconnect segments.
Table 1. Federal Species of Concern (FSC) (12 November 2003 USFWS list).
Common Name Scientific Name State Potential Habitat
Designation' Presentb
Alexander County
Rafinesque's big-eared bat Corynorhinus rafinesquii T No
Torrey's mountain-mint Pycnanthemum torrei SR-T No
Keever's bristle-moss Orthotrichum keeverae E No
Iredell County
Alleghany woodrat Neotoma magister SC No
Tall larkspur Delphinium exaltatum E-SC No
Heller's trefoil Lotus helleri SR-T No
° E-Endangered, E-SC -Species of Concern (propagated material only may be traded or sold under specific regulations), SC -
Species of Concern (individuals may be collected from the wild and sold under specific regulations), SR-T -
Significantly Rare Throughout its Range, T -Threatened.
b Potential habitat based extensively on Amoroso (2002), LeGrand (2001).
Rafinesque's big-eared bat - Rafinesque's big-eared bats are slow, agile flyers and appear to forage on a
wide variety of small nocturnal insects, especially moths. They are known to form nursery colonies in
large hollow trees. They hibernate near their summer foraging grounds in old mines, old buildings, caves,
and cisterns, usually near water. No habitat is present within the interconnect segments evaluated.
Torrey's mountain-mint - Habitat for Torrey's mountain-mint consists of dry upland forests and
woodlands generally over mafic rocks. No habitat is present within the interconnect segments evaluated.
Keever's bristle-moss - Keever's bristle-moss typically grows on trees around low granitic domes. No
habitat is present within the interconnect segments evaluated.
Alleghany woodrat - Alleghany woodrat forages on fruits, berries, nuts, seeds, bark, and grasses.
Woodrats are most often found in rocky places and abandoned buildings in deciduous or mixed forests,
but may also be found in swamps. No habitat is present within the interconnect segments evaluated.
Tall larkspur - The tall larkspur typically inhabits grassy balds, glades, and woodlands, mostly over
mafic rock. No habitat is present within the interconnect segments evaluated.
Heller's trefoil -Heller's trefoil is typically found in open woods over clay soils as well as on roadsides.
No habitat is present within the interconnect segments evaluated. The maintained roadsides within the
interconnect segments do not provide suitable habitat for this species.
a w WES°T-
CONSULTnNTS P[[C
May 10, 2004
405 South Sterling Street, Morganton NC 28655
828 433 5661 / fax [phone] / [e-mail]
Mr. Brian P. Cole, Field Supervisor
US Dept. of Interior
Fish and Wildlife Services
160 Zillicoa St.
Asheville, NC 28801
RE: City of Newton/Energy United Water Interconnect
And Town of Love Valley Interconnect
Dear Mr. Cole:
In response to your comment letter on the referenced project, we had Environmental Services of
Raleigh, North Carolina conduct a survey of the project area for federally listed species. A copy
of the report is enclosed for your review.
If additional information is needed, please let me know.
Sincerely,
WEST CONSULTANTS, PLLC
U
m. Jerry Twiggs
/kj
Enclosure
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801
June 4, 2004
Mr. Wm. Jerry Twiggs
West Consultants, PLLC
405 South Sterling Street
Morganton, North Carolina 28655
Dear Mr. Twiggs:
Subject: Endangered Species Assessment, City of Newton Water Interconnect and Town of
Love Valley Interconnect, Alexander and Iredell Counties, North Carolina
In your letter of May 10, 2004 (we received it May 21, 2004), you provided us with a copy of an
endangered and threatened species habitat assessment conducted by Environmental Services, Inc.
We previously commented on this project in our letter dated March 31, 2004. The following
comments are provided in accordance with the provisions of section 7 of the Endangered Species
Act of 1973, as amended (16 U.S.C. 1531-1543) (Act).
According to the habitat assessment, suitable habitat is not present along the proposed water line
routes for any federally endangered or threatened species known from Alexander or Iredell
Counties; therefore, we concur with your assessment. However, as stated in our original letter,
when you are assessing the potential impacts of this project, secondary (i.e., housing
developments, commercial development) and cumulative impacts must be taken into account.
Unless the proposed water lines will be installed regardless of whether future connections (and
thus development) will occur, the U.S. Fish and Wildlife Service considers future connections
and associated development as interrelated/interdependent activities. An interrelated activity is
an activity that is part of the proposed action and depends on the proposed action for its
justification. An interdependent activity is an activity that has no independent utility apart from
the action under consultation. A determination of whether other activities are interrelated to, or
interdependent with, the proposed action under consultation is made by applying a "but for" test.
That is, it must be determined that the other activity under question would not occur "but for"
the proposed action under consultation (U.S. Fish and Wildlife Service and National Marine
Fisheries Service. 1998. Endangered Species Consultation Handbook - Procedures for
Conducting Consultation and Conference Activities under Section 7 of the Endangered Species
Act. Washington, D.C.). Therefore, before we can conclude section 7 consultation under the
t .
Act, you must provide us with information showing that the water lines are not interrelated to, or
interdependent with, future development, or you must provide us with more information
regarding the impacts of the water lines and any secondary impacts (i.e., housing developments,
commercial development) associated with their installation.
Do not hesitate to contact Mr. Allen Ratzlaff of our staff at 828/258-3939, Ext. 229, if you have
any questions regarding our comments. We have assigned our Log No. 4-2-04-162 to this
project; please refer to it in all future correspondence directed to us concerning this matter.
Sincerely,
Brian P. Cole
Field Supervisor
cc:
Mr. Ron Linville, Regional Coordinator, Habitat Conservation Program, North Carolina Wildlife
Resources Commission, 3855 Idlewild Road, Kernersville, NC 27284-9180
a
EST-
CONSULTANTS Puc
June 18, 2004
Mr. Brian Cole
U.S. Fish and Wildlife Service
160 Zillicoa Street
Asheville, NC 28801
405 South Sterling Street, Morganton NC 28655
828 433 5661 / tax 828 433 5662 / [e-mail]
RE: Endangered Species Assessment, City of Newton Water Interconnect and Town of Love
Valley Interconnect, Alexander and Iredell Counties, North Carolina
Log No. 4-2-04-162
Dear Mr. Cole:
In response to your letter of June 4, 2004 to Jerry Twiggs of our office, we offer the following
information. The proposed water system project will be installed regardless of any future
connections, (whether residential, commercial, or industrial). The purpose of this project is to
replace the failing water supply sources of Energy United Water Corporation and of the Town of
Love Valley and thus to continue providing water to all of the existing connections. This project
will help sustain existing growth only in a general sense by maintaining an adequate water supply.
Certain development along roads may occur in the future where waterlines presently do not exist;
however, this project is not dependent upon such development nor is any planned to my
knowledge. Much of the project will parallel existing waterlines and therefore will not encourage
development in those areas.
In summary, the proposed waterlines and pump station are not interrelated to or interdependent
with future development. A preliminary engineering report describes the project more thoroughly
and I would be glad to send you a copy if you would like. If you need any other information,
please let me or Jerry Twiggs know.
Sincerely,
WEST CONSULTANTS, PLLC
Benjamin B. Thomas, P.E.
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United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801
July 20, 2004
Mr. Benjamin B. Thomas, P.E.
West Consultants, PLLC
405 South Sterling Street
Morganton, North Carolina 28655
Dear Mr. Thomas:
Subject: Endangered Species Assessment, City of Newton Water Interconnect and Town of
Love Valley Interconnect, Alexander and Iredell Counties, North Carolina
In your letter of June 18, 2004, you provided us with additional information regarding the
relationship of this project to potential impacts to endangered and threatened species under
section 7 of the Endangered Species Act of 1973, as amended (Act). We previously commented
on this project in our letters dated March 31, 2004, and June 4, 2004. The following comments
are provided in accordance with the provisions of the Act (16 U.S.C. 1531-1543).
Our June 4, 2004, letter stated that "Unless the proposed water lines will be installed regardless
of whether future connections (and thus development) will occur, the U.S. Fish and Wildlife
Service considers future connections and associated development as interrelated/interdependent
activities." We further stated, "Before we can conclude section 7 consultation under the Act, you
must provide us with information showing that the water lines are not interrelated to, or
interdependent with, future development, or you must provide us with more information
regarding the impacts of the water lines and any secondary impacts (i.e., housing developments,
commercial development) associated with their installation." Your response letter states that
"The proposed water system project will be installed regardless of any future connections ..."
and that "The purpose of this project is to replace failing water supply sources ... to continue
providing water to all existing connections." Based on the information provided in your
response, we believe the requirements under section 7 of the Act are fulfilled. Obligations under
section 7 of the Act must be reconsidered if: (1) new information reveals impacts of this
identified action that may affect endangered or threatened species or critical habitat in a manner
not previously considered, (2) this action is subsequently modified in a manner not considered in
this review, or (3) a new species is listed or critical habitat is determined that may be affected by
the action.
v i -, Ir
Do not hesitate to contact Mr. Allen Ratzlaff of our staff at 828/258-3939, Ext. 229, if you have
any questions regarding our comments. We have assigned our Log No. 4-2-04-162 to this
project; please refer to it in all future correspondence directed to us concerning this matter.
Sincerely,
/--Brian P. Cole
Field Supervisor
cc:
Mr. Ron Linville, Regional Coordinator, Habitat Conservation Program, North Carolina Wildlife
Resources Commission, 3855 Idlewild Road, Kernersville, NC 27284-9180
WEST CONSULTANTS, PLLC
Consulting Engineers
405 South Sterling Street
MORGANTON, NORTH CAROLINA 28655
Phone [phone] Fax [phone]
To 401 Wetlands Unit
NCDENR - Div. Of Water Quality
1650 Mail Service Center
Raleigh NC 27699-1650 ez ,r
?v
WE ARE SENDING YOU X Attached Under separate cover via
Shop drawings Prints Plans
Copy of letter Change order Other:
1712
h)Mg e Oq
JOB NUMBER/PHONE DATE
7/22/2004
ATTENTION
RE:
Energy United Water Corporation - Newton
Water Interconnect
the following items.
Specifications Samples
COPIES DATE NUMBER DESCRIPTION
1 Preconstruction Notification Application Form
WETLANDS/ 401 GROUP
JUL 2 7 2004
INATER QUALITY SECTIOM
THESE ARE TRANSMITTED as checked below:
For your approval
X For your use
As requested
For review and comment
FOR BIDS DUE/DATE:
Approved as submitted
Approved as noted
Returned for corrections
Other
7/22/2004
Resubmit copies for approval
Submit copies for distribution
Return corrected prints
PRINTS RETURNED AFTER LOAN TO US
REMARKS
COPY TO
if enclosures are not as noted, please notify us at once.
PRODUCT 13127M USE WITH 771 ENVELOPE NEBS To Reorder: 1-800-225-6380 or www.nebs.com
SIGNED
PRINTED IN U.S.A. A