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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 0.9 • 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 Wp 2M 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). 'PIP 4 71 F .: U .gT t i 4,.-U a? y ` r •, O rn L E 1 l ? + , 1 1 I 1 1 ~ bA 3 b H ? o o E -- a ° ° II > ° x cts U z z ? ?. ??yy h+l W C cd m O - N x x V V1 ai O , 'O 5 .. cd a? ro a a w o ' a w d 0 V) kr) ; V) Q a mt ;? `r _?aS?r??.n orig.,%???''i c?'"v"?, '?'x;??„•'? ? •j?'x??"` i' :Y'; \ t yFxh, ?. d \y I 11 ! 1 47 ` e ? f?gti'??t:4 Mx c 1? C P&L Carolina Power & light Company PO Box 1551 411 Fayetteville Street Mall Raleigh NC 27602 g) "4 josh r 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 m 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