Loading...
HomeMy WebLinkAbout20110073 Ver 1_401 Application_20110111C14 Progress Energy RECEIVED File No.: SUT 12594-B JAN 1 2011 January 17, 2011 RFG, y`??t M r ftaF Ms. Emily Hughes Wilmington Regulatory Field Oft-ice Q Q 7 US Army Corps of Engineers 69 Darlington Avenue ,% Wilmington, North Carolina 28403-1343 Subject: Carolina Power & Light Co. &bla Progress Energy Carolinas Inc. (Progress Ener ?fl? L. V. Sutton Electric Plant, New Hanover County JAN D Sutton 2x1 Combined Cycle Project (Action Id. SAW-2010-01388) ® 2011 Pre-Construction Notification Form Submittal Additional Information LO WATERQh Dear Ms. Hughes: Seri H Thank you for your response letter dated December 20, 2010. Enclosed is the additional information you requested, addressing permanent wetland impacts necessary to support the construction of a combined-cycle generating facility at Progress Energy's Sutton Electric Plant. Changes to the original submittal include: (1) an expanded description of the justification to fill 0.098 acre of wetlands and the measures implemented to avoid and minimize, to the maximum extent practicable, these direct losses of jurisdictional waters; (2) project site plan drawings selected from the submitted Erosion & Sedimentation Control Plan (E&SC Plan-currently in the approval process with NCDLQ) showing wetland avoidance and the use and location of control treasures; and (3) a detailed drawing focusing on the area surrounding the wetland impact. The depiction in the area of the wetland impact in the E&SC Plan and the detailed drawing is slightly different. The F.&SC Plan was drawn and submitted with the desire to avoid the second wetland area (Wetland Area 2). After a subsequent meeting with the natural gas supplier, it was concluded that this area will be impacted for construction of the gas metering and regulation station. The detailed drawing shows the revised grading necessary to accommodate this facility. The E&SC Plan will be revised to reflect this design change. Based on the energy supply needs in the region and to comply with pending state and federal clean air regulations, Progress Energy has committed to the State of North Carolina to retire the existing three coal-fired units and construct a 2x1 combined cycle power block at this site. Although the Progress Energy Sutton Plant site encompasses about 2,300 acres (excluding the cooling pond), only approximately 90 acres of property in the immediate vicinity of the existing Sutton Plant were evaluated for the potential location of the new combined cycle facility, The siting scope was limited, to take advantage of elements of the existing infrastructure, including access to the cooling water intake source (the cooling pond), the heated water discharge point (the cooling pond), and the substations with their associated transmission lines. Use of existing infrastructure, to the extent possible, eliminated the costs and impacts of constructing entirely new like facilities and allows for a considerably smaller operations footprint than if the power block and other required components were to be built in an area further away from the existing site. Additionally, the location of the new power block was constrained by the presence and rights-of-way of the existing 230 KV and 115 KV transmission lines, under which no buildings or structures may be constructed. Further, the planned Interstate 140 extension, the abandoned intake canal connecting to the Cape Fear River to the west, a large area of jurisdicational wetlands to the south, existing railroad lines to the east, and the existing power plant to the north set the bounds for siting of the new facility. Progress Energy Carolinas, Inc. yls. }:mil Ilughes Page' January 17, 2 o I 1 \Vithin the 90-acre evaluation area. about 7.15 acres of wetlands and open water areas were delineated. Care was taken to locate both temporary and permanent construction areas, packing areas, and equipment lay dwxn yards away from w=etlands or to minimize to the maximum event practicable the wetland areas to be impacted. Plant rotriponents were fit into the minimal space possibie, con?idercie practical safety, construction, and operational constraints. Ovcr ? acres of these identified wetland areas ',Veie avoided. Where ptacticable these areas w°erc excluded from within the limits ofdisturbance. Except for two small areas (total < 0.01 acre), all identified wetland areas will be protected with a row of silt fencing and in sonic ,treas, a second row of tree protection fencing, wliere there is a potential of encroachment during construction activities. These measures arc shown as part of the Erosion and Sedimentation Control Plan. I he proposed project area currently consists of prey tously-disturh,2d, grassed areas from activities associated 1-10111 the existing operations. Out buildngs, power lines, leach field, water treatment retention basin, and a railroad spur currently exist within or near the proposed construction area. "I lie proposed power block is designed to be immediately adjacent to the existing power plant with out bmldings, fuel oil storage tanks, loading areas, control buildings. ete, extending to tf.e east and north along the existing railroad. Other areas will be disturbed during construction but will be restored upon completion. fhc two small wetland areas ,flat cannot be avoided are delineated as isolated wetlands based on them being adjacent to the larger wetland area to the south. I lie t_'. S. Arnly Corps of Engineers has provided a Notification of Jurisdictional Determination (SA\V-2010-01355) which verified the delineation and the locations of Clean Water Act jurisdictional wetlands. There are no Coastal Area Management Aet wetlands on site. Both of these wetland areas are within the footprint of the proposed power block and will be permanently impacted. Progress Energy Carolinas plans to till the power block area to an elevation (12 feet above mean sea level) that is above the 100-year tloodplain designation. A road and part of the power block infrastructure will be on top of the fill above Wetland Area W I . The naturai gas Meter S. Regulation Station (M&,R Station) with its ancillary pipe (20" diameter) and fuel gas heater is planned to be on top of the till above Wetland Area W2. These structures will be the terminal end of a section of pipeline being, drilled beneath the Cape Fear River to supply the new facility with duel. hhe required juxtaposition to the combined cycle power block, the presence and rights-of-way for the existing 230 KV and 115 KV transmission lines. and the other existinv structural and environinental features necessitated the location of the M&R Station in this area. To minnnize the impacts to wetlands, the pipeline and its structures arc located to avoid the adjacent, larger wetland and the other two isolated wetlands to the south. Py taking advantage ol'existine intrasnucture to the extent possthle and by "squeezing" component locations, the selected location avoids and minimi4es impacts to both uplands and wetlands to the extent possible. Tll- copy of the original submittal, along with this additional information, is being submitted to the Division of Water Quality as a courtesy copy. No action on their part ;s required. Please contact %'Is- Robin Brv,on. F.11" ironmentat spc•ctalist ut our corporate office at (919) 546-1902 if there are any questions with this submittal. ?ittcerely, J. Mark Frederi'A' Sutton Plant ManaLer J%II rb I?.nclostire cr Robin Br?x1n Chad Coburn, N('DFN*R-D\VO, `VIRC) (with 12 1 2010 submittal) 4m RECD JAN 18 2011 IN ?I r W W Z U' U' W Q a f ? 0 0 0 0 B O O IA O p O O N 0 0 0 0 Ch W 4A LL W C 'i Ch to e 1 W ~ LL W O N M l0 O Q Q a r, N N V Q a N N a D F- C f cl m W w in tn 2 A .-. a W A Z 0 J W w oc a J W p Z a Z a a to u o ?u a m c F v a v a o Q F a v p Q z w z w z W w? -oz Z 0 a Z rx o w d z o N z O O w N o ? a a- U U o (n N M N Q d 8?z ]R ? p l? '- J L • zp 4 J ?z p quJ Z ? y p t) 2 LJ MSU/ ?Flm[1 w? _ K ?ldi ?4'1 CJ V)v)OO0 JWrUJ EY i( c? D; ` , ? UW IQ--cc z¢ 1W-.-.G D. V) D.GI? 24.- W ?KpW ?ul z .Apia ou NQWZ W Oav ,y ????,, 4tT1 v) Gi Nil U1^' .- ... rn P In .n Z G. O I _ !1 J 1 :o a Cij 3 ri Woai:. c x PO n? fill c? . I() -rC) ? ull ? V aycj 'ocn? i t C> ? l? 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W v Y 1 J f1Ii ma 2 ?H 'o _ 33S - C6G'b96b "7 ?NI 0 (7) 6) cr) (\1 r- v z 00 L7 Z G[ (.Y r1 I'? 4 + Progress Enerr*,y File No.: SUT 12520-N December 1, 2010 Via Nand laeliverv Wilmington Regulatory Field Office US Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403-1343 Subject: Carolina Power& Light Co. d/b/a Progress Energy Carolinas Inc. (Progress Energy) L. V. Sutton Electric Plant New i lanover County Sutton 2x I Combined Cycle Project Pre-Construction Notification Form Submittal Dear Ms. Emily Hughes: Enclosed is a completed Pre-Construction Notification (PCN) Form for wetland impacts necessary to support the construction of a combined-cycle generating facility at Progress Energy's Sutton Electric Plant. Progress Energy has committed to retiring the existing coal-tired units and constructing a 2x1 combined cycle power block at this site. The new generation is expected to begin commercial operation around January 2014. Approximately 7.15 acres of wetlands and open water have been identified on or adjacent to the project site. The U. S. Army Corps of Engineers (Corps) has provided a Notification of Jurisdictional Determination (SAW-2010- 01388) which verified the delineation and the locations of Clean Water Act (CWA) jurisdictional wetlands. 'there are no Coastal Area Management Act (LAMA) wetlands on site. Two small CWA §404 jurisdictional wetlands (total of less than 0.1 acre) will be impacted by this project. Progress Energy requests the filling of these wetlands be covered under Corps Nationwide Permit No. 18 (Minor Discharges) and the associated NCDWQ CWA §401 Water Quality Certification No. 3821.Other wetlands identified within the project area, both C:WA jurisdictional and DWQ jurisdictional (i.e., isolated), will be protected from project activities. Written approval from the Division of Water Quality is not required for this project. Please contact Ms. Robin Hryson, linvironmental Specialist in our corporate office at (919) 546-3962 if there are any questions with this submittal. Sincerely, J. Mark Frederick Sutton Plant Manager JMF/rb enclosures cc: Robin Bryson w/enclosures Progress Energy Carolinas. Inc. Sutton Stearn Pl;up 1101 Sullon Steam !lain !road Wdminlpnn, NC 20401 bc: John Mangum w/enclosures Kcnt Tyndall w/enclosures Rick Yates w/enclosures 20110073 WA7E9 Qa pG Office Use Only: Corps action ID no. ? -, o DWQ project no. C3 Form Version 1.3 Dec 10 2008 Pre-Construction Notification (PCN Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps: Section 404 Permit ? Section 10 Permit 1b. Specify Nationwide Permit (NWP) number.- 18 or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? N Yes ? No Id. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit ? 401 Water Quality Certification - Express ? Riparian Buffer Authorization le. Is this notification solely for the record For the record only for DWQ 401 For the record only for Corps Permit: because written approval is not required? Certification: 0 Yes ? No ? Yes 0 No 1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation ? Yes ® No of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu fee program. 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h Yes ? No below. 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No 2. Project Information 2a. Name of project: Sutton 2x1 Combined Cycle Project 2b. County: New Hanover r=1 A02s, r= r13n 17 r;_3_ M 2c. Nearest municipality ! town: Wilmington 2d. Subdivision name: NA 2e. NCDOT only, T.I.P. or state NA project no. 3. Owner Information WETMWANDSTORMWATERB AWN 3a. Name(s) on Recorded Deed: 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if 3d. Street address: 3e. City, state, zip: 3f. Telephone no.: 3g_ Fax no.: 3h- Email address: Carolina Power & Light Company Book 886, Page 829; Book 507, Page 67; Book 474, Page 802 J. Mark Frederick 801 Sutton Steam Plant Road Wilmington, NC 28401 910.343.3201 910-343-3296 mark.fredefick@pgnmail.com Page 1 of 11 PCN Form - Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: 0 Agent ? Other, specify: 4b. Name: NA 4c. Business name NA (if applicable): 4d. Street address: NA 4e. City, state, zip: NA 4f. Telephone no.: NA 4g. Fax no.: NA 4h. Email address: NA 5. Agent/Consultant Information (If applicable) 5a. Name: NA 5b. Business name NA (if applicable).- 5c. Street address: NA 5d. City, state, zip: NA - - 5e. Telephone no.: NA 5f- Fax no.: NA 5g. Email address: I NA Page 2 of 11 PCN Form - Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 1b. Site coordinates (in decimal degrees): 1c. Property size: 2. Surface Waters ---- --- ------------ --- 2a. Name of nearest body of water (stream, river, etc.) to proposed project: 3109-63-4602; 3109-47-1834; 3109-92-3700 Latitude: 34.285908 Longitude: - 77.9884 (DD.DDDDDD) (-DD. DDDDDD) 1 90 acres Cape Fear River 2b. Water Quality Classification of nearest receiving water: 2c. River basin: C; SW Cape Fear 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The project site is adjacent to an existing power plant. The area surrounding the plant is primarily disturbed, grassed areas. Out buildings, power lines, leach field, water treatment retention basin, and a railroad spur currently exist within or near the proposed construction area. 3b. List the total estimated acreage of all existing wetlands on the property: Approximately 7.15 acres of wetlands and open water were identified within the 90 acres investigated for this project. 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: No existing streams are located within the 90 acres investigated for this project. 3d. Explain the purpose of the proposed project: Progress Energy Carolinas currently owns and operates the Sutton Electric Plant on this property. The purpose of this project is to build a new combined cycle power block adjacent to the existing power plant. 3e. Describe the overall project in detail, induding the type of equipment to be used: The power block area will be filled to an elevation of 12 feet msl. Graders and other heavy equipment will be used to contour the final grade for construction. Temporary lay down areas, parking lots, offices, and other associated facilities will be onsite for the duration of the construction. The abandoned intake canal connecting to the Cape Fear River to the west, jurisdicational wetlands to the south, and the existing power plant to the north set the bounds and constrain the location of the new power block- 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? Comments: ? Yes ? No ® Unknown 4b. If the Corps made the jurisdictional determination, what type ? preliminary ® Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Golder Associates, Inc. Name (if known): Christopher Brookshire Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. October 29, 20110 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ? Yes ® No 5b. If yes, explain in detail according to "help file" instructions. ? Unknown Page 3 of 11 PCN Form - Version 1.3 December 10, 2008 Version 6. Future Project Plans 6a. Is this a phased project? ® Yes ? No 6b. If yes, explain. This project will be completed with two phases. Phase I included tree removal. Tree removal within or near isolated wetlands was done by hand clearing. No trees were removed within or near jurisdictional wetlands. Phase II will include the grading and construction activities. Page 4 of 11 PCN Form - Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1a. Which sections were completed below for your project (check all that apply): ® Wetlands ? Streams - tributaries ? Buffers ? Open Waters ? Pond Construction 2. Wetland Impact s If there are wetland i mpacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ - non-404, other) (acres) Temporary (T) W1 ®P ? T Fill Isolated-adjacent ? Yes ® No ® Corps ? DWQ 0.062 W2 ®P ? T Fill Isolated-adjacent ? Yes ® No ® Corps ? DWQ 0.036 W3 ? P ? T ? Yes ? Corps ? No ? DWQ W4 ? P ? T ? Yes ? Corps ? No ? DWQ W5 ? PEI T ? Yes ? Corps - --- --------- _ ? No ? DWQ W6 ? P ? T ? Yes ? Corps ? No ? DWQ 2g. Total wetland impacts 0.098 2h. Comments: These two areas are identified as Wetland ID 4B and 4D on the delineation maps. 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then comp lete this question for all stream sites impacted. 3a. 3b_ 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ - non-404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ? P ? T ? PER ? Corps ? INT ? DWQ S2 ? P ? T ? PER ? Corps ? INT ? DWQ S3 ? PEI T ? PER ? Corps ? INT ? DWQ S4 ? P ? T ? PER ? Corps ? INT ? DWQ S5 ? PEI T ? PER ? Corps _ ? INT ? DWQ S6 ? P ? T ? PER ? Corps ? INT ? DWQ 3h. Total stream and tributary impacts 3i. Comments: Page 5of11 PCN Form - Version 1.3 December 10, 2008 Version 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number - (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary (T) 01 ?P?T 02 ?P?T 03 ?P?T 04 ?P?T 4E Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. - 5e. Wetland Impacts (awes) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number =Fille? of pond Fl ooded Filled Excavated Floodexcavated Flooded P1 P2 5E Total 5g. Comments: 5h. Is a dam high hazard permit required? ? Yes ? No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete t he chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fil l out Section D _ of this form. sa. ? Neuse ? Tar-Pamlico ? Other: Project is in which protected basin? ? Catawba ? Randleman 66. 6c - ----- 6d. 6e- 6f. 6g. Buffer impact number - Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Tem qEq T im act required? - -- Bi ?P?T ?Yes ? No B2 ? P ? T ? Yes ? No B3 ? P ? T ? Yes ? No _ 6h. Total buffer impacts 6i. Comments: Page G of 11 PCN Form -Version 1.3 December 10, 2008 Version D. Impact Justification and Mitigation 1. Avoidance and Minimization Ia. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Space and operation design efficiencies were gained by locating the new power block adjacent to the existing power plant. Approximately 90 acres of property in the area of the proposed project were investigated. About 7.15 acres of wetlands and open water areas were delineated. Construction and lay down yard locations were selected to avoid wetland areas thus eliminating the need to impact over 7 acres of these identified areas. One small wetland that is abutting an existing structure and another small wetland that is along a roadway (total of < 0.1 acres) will be impacted. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Isolated wetlands, open water areas, and two non-impacted jurisdictional wetlands that were delineated adjacent to or within the selected project site will be protected with a double row of tree protection fencing and silt fencing. These measures are shown as part of the Erosion and Sedimentation Control Plan to protect these areas where there is a potential of encroachment during construction activities. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? 2b. If ycs, mitigation is required by (check all that apply): 2c. If yes, which mitigation option will be used for this project? 3. Complete If Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) 3c. Comments: 4. Complete If Making a Payment to ln41eu Fee Program 4a_ Approval letter from in-lieu fee program is attached. 4b. Stream mitigation requested: 4c. If using stream mitigation, stream temperature: 4d. Buffer mitigation requested (DWQ only): 4e. Riparian wetland mitigation requested: 4f. Non-riparian wetland mitigation requested: 4g. Coastal (tidal) wetland mitigation requested: ?cold 4h. Comments: 5. Complete If Using a Pennittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 7 of 11 PCN Form - Version 1.3 December 10, 2008 Version ? Yes ® No ? DWQ ? Corps ? Mitigation bank ? Payment to in-lieu fee program ? Permittee Responsible Mitigation Type Quantity [) Yes _- linear feet ? warm ? cool square feet acres acres acres 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires ? Yes ? No buffer mitigation? 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. 6c. 6d. 6e. /one Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 3 2 for Catawba Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund). 6h. Comments: Page 8 of 11 PCN Form - Version 1.3 December 10, 2008 Version E. Stonnwater Management and Diffuse Flow Plan (required by DWQ) 4 niff..an 1:1a %v 1312n 1a. Does the project include or is it adjacent to protected riparian buffers identified [] Yes ? No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ? Yes ? No Comments: 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? % 2b. Does this project require a Stormwater Management Plan? ? Yes ? No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: 2e. Who will be responsible for the review of the Stormwater Management Plan? 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? 3b. Which of the following locally-implemented stormwater management programs apply (check all that apply): 3c. Has the approved Stormwater Management Plan with proof of approval been attached? 4. DWQ Stormwater Program Review 4a. Which of the following state-implemented stormwater management programs apply (check all that apply): 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ? Certified Local Government ? DWQ Stormwater Program ? DWQ 401 Unit ? Phase II ? NSW ? USMP ? Water Supply Watershed ? Other: ? Yes ? No ? Coastal counties ? HOW ? ORW ? Session Law 2006-246 ? other: ? Yes ? No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ? Yes 5b. Have all of the 401 Unit submittal requirements been met? ? Yes ? No ? No Page 9 of 11 PCN Form - Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ? Yes ? No use of public (federallstate) land? - - - ------ - - --- --------- 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ? Yes ? No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. If you answered 'yes' to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) ? Yes ? No Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300). DWQ Surface Water or Wetland Standards, ? Yes ? No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after-the-fact permit application? ? Yes ? No 2c. If you answered 'yes' to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ? No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no,' provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. 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. Page ] U of 11 PCN Form - Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat? ® Yes 5b. Have you checked with the USFWS concerning Endangered Species Act ® Yes impacts? ® 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh ? Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Independent on-site survey and Natural Heritage data were used to determine that the activities on the project will have no affect to listed species or Designated Critical Habitat. The USF&WS have concurred with these study findings. 6. Essential Fish Habitat {Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes Q? No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? http://ocean.floridamarine.org/efh coral/ims/viemr.htm 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ? Yes ® No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? The North Carolina Department of Cultural Resources State Historic Preservation Office was contacted. Per evaluation by SHPO, there are no significant archaeolgical findings on the project site. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? I ® Yes ? No ? No ® No 8b. If yes, explain how project meets FEMA requirements: Currently the proposed project site is within the 100-year floodplain. Progress Energy Carolinas proposes to fill the power block area to an elevation that is above this floodplain designation. Plans have been submitted to FEMA requesting modification of the flood hazard maps indicating that the project will no longer be within the 100-year floodplain upon project completion. 8c. What source(s) did you use to make the floodplain determination? FEMA Flood Insurance Rate Maps (FIRMs) J. Mark Frederick Applicant/Agent's Printed Name 74 Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided) Page 11 of 11 PCN Form - Version 1.3 December 10, 2008 Version Vicinity Map 1 ? ray^ 1 ?• + j US 421 A„ _?- p ' '1 r [Mr" 17 _ 1tik r s:ti lr, 1 I t '? Mfr 9 ti, t Sutton Electric 1' Plant _ i " Sutton Steam # f Plant Road r _?•? r ?,• _N_ t Wilmington, NC "`I 1 ddT F a ?15t,?ti e r. J ` ( r£. 3 + .Y.. i(< ? ? y tt Je,2 z mot. # .?3G?1 !t ? 1 .if S,.n yr+ y. Y r• t,+,.; ? x t 3 ?r y t ti t ? r t [ jY- P1 ?w NN 44 £. 1 4' ?..x rf':y .? r w.r. a 4 '..S l? r•?' i ar { k? ,a P . GoWeir (VA ttates August 13, 2010 Ms. Christy Wicker Wilmington Regulatory Field Office U.S. Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 RE: REQUEST FOR JURISDICTIONAL DETERMINATION L.V. SUTTON STEAM PLANT WILMINGTON, NEW HANOVER COUNTY, NORTH CAROLINA Dear Ms. Hughes: 10396848 Golder Associates Inc. (Golder) on behalf of Progress Energy Carolinas, Inc. (Progress Energy) is pleased to present its request for jurisdictional determination for the waters of the U.S. (Appendix A) identified during a wetland delineation performed at the L.V Sutton Plant located in Wilmington, New Hanover County, North Carolina (34.285908' N, 77.9884" W). GokkWs services were requested by Progress Energy to identify the presence and extent of wetlands and other water bodies located wow and near the site. The site is located adjacent to the existing steam plant facility at 801 Sutton Steam Plant Road, west of U.S. Highway 421, outside of Wilmington, North Carolina (Figure 1). Golder conducted a field investigation at the site from February 9 through February 11, 2010. The area investigated consists of approximately 90 acres and is predominantly mixed hardwood-pines with areas of mowed grass. An unimproved road traverses north to south through the eastern portion of the project site. The Cape Fear River is adjacent to the west, and Lake Sutton Is adjacent to the northwest, of the project site. LITERATURE REVIEW Map Review The site Is depicted on the USGS 7.5 minute Quadrangle maps "Leland, North Carolina" and "Castle Hayne. North Carotins" (Figure 1). The elevation in the vicinity ranges from about 25 feet above mean see level (met) In the northeastern portion of the site to about 5 feet msl in the southwestern portion of the site along the Cape Fear River. Surface water from the site flows to the west to the Cape Fear River, the nearest TNW. Lake Sutton Is adjacent to the northwest. The site is located in the Cape Fear watershed (Hydrologic Unit Code 03030005). According to the NWI maps "Castle Hayne, North Carolina" and "Leland, North Carolina" (Figure 3), the wetlands associated with the site are designated as: ¦ Palustrine, Forested, Needle-leaved Evergreen/Broad-leaved Deciduous, Temporarily Flooded (PF04/1A); and ¦ Palustrine, Scrub-Staub, Broad-Leaved Deciduous, Seasonally Flooded (PSS1C). eoMar Ammi n Inc. 3730 Chwnbl" Tucker Road ?S ANNO. GA 30341 USA Td: (770)496-1903 Fax: (770)934-9476 www.poklw.cwm Golder Associates: Operations in Africa, Asia, Australasia, Europe, North America and South America Progress Energy Carolinas, Inc. August 13, 2010 L.V. Sutton Steam Plant 2 10396848 According to the USDA NRCS Sod Survey of New Hanover County, North Carolina, (Figure 5), sods at the project site include: ¦ Dorovan sods (DO); ¦ Kureb sand (Kr); ¦ Lakeland sand (La); and ¦ Murville fine sand (Mu). Of the listed sods located at the project site, the Kureb, Lakeland and Murville sods are not hydric. The Dorovan series consists of very poorly drained, moderately permeable soils on densely forested flood plain, hardwood swamps, and depressions in the Atlantic Coast Flatwoods, Eastern Gulf Coast Flatwoods, and Southern Coastal Plain Major Land Resource Areas. They formed in highly decomposed acid-organic materials. Near the type location, the mean annual temperature is about 67 degrees Fahrenheit, and the annual precipitation is about 57 inches. Slopes are less than 1 percent. Taxonomic class is Dysic, thermic Typic Haploseprists fine-loamy, mixed, active, mesic Fluvaquentic Dystrudepts. The Kureb series consists of very deep, excessively drained, gently sloping to moderately steep sods on Coastal Plain uplands and on side slopes along steams and boys. They have formed in marine, asolian, or fluvial sands. Slopes range from 0 to 20 percent. Near the type location mean annual precipitation is about 50 inches and mean annual temperature is about 63 degrees Fahrenheit. Taxonomic class is Thermic, uncoated Spodic Quartzipsamments. The Lakeland series consists of very deep, excessively drained, rapid to very rapidly permeable soils on uplands. They formed in thick beds of aeolian or marine sands. Near the type location, the mean annual temperature is about 67 degrees Fahrenheit, and the mean annual precipitation is about 52 inches. Slopes are dominantly from 0 to 12 percent but can range to 85 percent in dissected meas. Taxonomic class is Thermic, coated Typic Quarizipsa mments. The Murodie series consists of very poorly drained sods that have rapid permeability in the A horizon and moderately rapid permeability in the Bh horizon. The sow formed from wet sandy marine and fluvial sediments. They are in flats or in slight depression on broad interstream areas of uplands and stream terraces in the Coastal Plain. Slopes are less than 2 percent. At the type location, the mean annual ternure is about 63 degrees Fahrenheit, and the mean annual precipitation is about 50 inches. Taxonomic class is Sandy, siliceous, thermic Umbric Endoaquods. WETLANDS AND WATERS Based on the field reconnaissance, approximately 7.15 acres of sc rub-shrub. forested wetlands and open water (Figure 2) were identified and flagged. Routine wetland determination data forms (Appendix B) and photographs taken (Appendix C) are provided for the drainage features. The following table describes each feature identified during the field reconnaissance. IMS13 wmq?-WGV" Ddhuftn Rom t Suron.dacx OA2=ts Progress Energy Carolinas, Inc. August 13, 2010 L.V. Sutton Steam Plant 3 10396848 TABLE 1 JURISDICTIONAL FEATURES Wetland Estimated Amount of Class Aquatic ID Cowardin Class Aquatic Resource in Resource Project Area (Acres) 1A PSS1A-Wetland; isolated. 0.021 Non-Section 10; non-wetland. 113 PSS1A-Wetland; isolated. 0.111 Non-Section 10; non-wetland 1C PSS1A- Wetland; isolated. 0.042 Non-Section 10; non-wetland. 3A PUBHh - Open water; isolated. 0.749 Non-Section 10; non-wetland. 4A PEM1A - Wetland; isdated. 0.011 Non-Section 10; non-wetland. 413 PEM1A-Weiland; isolated. 0.062 NonSectlon 10; non-wetland. 4C PEM1A-Wetland; iodated. 0.011 Non-Section 10; non-wetland. 4D PEM1A-Wetland; isolated. 0.036 NonSecdon 10; non-wetland. 6A PF04/1 A -Wetland; isolated. 0.080 Non-Section 10; non-wetland. 68 PF04/1 A -Wetland; Iodated. 0.005 Non-Section 10; non-wetland. 6C PF04/1A - Wetland; isolated. 0.0015 Non-Section 10; non-wetland. 6D PF04/1 A -Wetland; iodated. 0.0015 Non-Section 10; non-wetland. 6E PF04/1 A - Wetland; isolated. 0.0018 Non-Sectlon 10; non-wetland. OF PF04/1A - Wetland abutting a 4.580 Non-Section 10; TNW. wetland. 7A PUBIix - Open water; man-made; 720 0 Non-Section 10; isolated. . non-wetland. 10A PSS1A- Wetland; isolated. 0.021 Non-Section 10; non-wetland. 108 PSS1A-Weiland; isolated. 0.014 Nam-Section 10, non-w edand 10C PUBHh - Open water; iodated. 0.223 Non-Section 10, non-wetland 10D PSS1A-Welland; isolated. 0.458 Non-Section 10, non-wetland Forested wetland OF is within the floodplain and abutting the Cape Fear River. Dominant hydrophytic vegetation, primary and secondary indicators of hydrology, and hydric soils are present. Wetland OF is considered a jurisdictional water of the U.S. The scrub-shrub wetlands (1A, 1B, 1C, 10A, 108, and 101)), emergent wetlands (4A, 413, 4C and 41)) and forested wetlands (6A, 6B, 6C, 61), and 6E) have dominant hydrophytic vegetation, primary and secondary Indicators of hydrology and hydric soak present. However, these wetlands are Isolated and have formed due to man-altering activities, such as logging, roads, rail-roads, canals, borrow pits and test 100413 w"-W*VwW WineWw ftW &*on.do" *A2:9efffts Progress Energy Carolinas, Inc. August 13, 2010 L.V. Sutton Steam Plant 4 10396648 pits. Based on lack of surficial hydrologic connection, these wetlands are not considered jurisdictional waters of the U.S. Scrub-shrub wetlands 3A and 10C are isolated, impounded, permanently flooded and do not have a hydrologic connection with the Cape Fear River. Based on lack of surflcial hydrologic connection, these wetlands are not considered jurisdictional waters of the U.S. Wetland 7A is an excavated, man-made, open-water pond and does not have a hydrologic connection with the Cape Fear River. Based on lack of suricial hydrologic connection, open water 7A is not considered jurisdictional water of the U.S. The identified drainage features were located in the field using a global positioning system (GPS) Trimble GeoXT unit with sub-meter accuracy. The wetland delineation map is included as Figure 2. SITE ACCESS AND DIRECTIONS TO SITE The proposed project is owned by Progress Energy. Access to the project site can be provided upon request. Progress Energy requires all visitors to sign-in and register at the main office at the adjacent L.V. Sutton Steam Plant. The L.V. Sutton Steam Plant is located at 801 Steam Plant Road in Wilmington, North Carolina (28401). Progress Energy requests that site visits be scheduled in advance. To schedule a site visit, please contact Ms. Robin Bryson, Progress Energy, at (919) 546-3962. From downtown Wilmington, take U.S.-17 Business South/U.S.-421 North/U.S.-74 West. Exit onto North Carolina 133 North/Interstate-140 East/U.S.-17 North/U.S.421 North toward U.S.-74 East/Battieship NC/Cfinton. Turn left at Sutton Steam Plant Road. L.V. Sutton Sim Plant facility is located at the end of the road. Park in the visitor parking lot and check in at the main office. CLOSING Should you have questions or require clarification on this request for jurisdictional determination, please do not hesitate to contact us. Sincerely, GOLDER ASSOCIATES INC. Christopher Brookshire, PWS William M. Griffin Senior Project Ecologist Senior Ecologist Cc: Robin Bryson, Progress Energy Chad Coburn, NCDWQ Attachments: Figure 1: USGS Topographic Map Figure 2: Wetland Delineation Map Figure 3: National Wetlands Inventory Map Figure 4: Solis Map Figure 5: Aerial Photograph APPENDICES Appendix A: Jurisdictional Determination Form Appendix B: Data Forms - Routine Wetland Determination Appendix C: Site Photographs CCB/WMG/ps *M1dds1*ddK8ftntaW3wft1P1ps m &wWk1035554k Sullon P1w Waft 0WWw&V0nV_0i00513 wmp_Weft DNi a~ RaW 8uVW d= 100613 v m _We nd DNi "Non RWpOr &*OnAlm a W L? I - (7, SUTTC:n LADE SUTTON l1titE `' ? ATAT? GAME LAIN' d V Y f ? 1 '14, ij p, `? ?. I i ~?a y i`'L n Nm. it - \4,' \ - r f _ - t REFERENCE Base map consists of 7.SMnute USGS bpograpNc quadrangles named Gripe Hayne,NC and Lelartd,NC, dated 1997. >r? 1'0.5 MI. '"?E am 07/23/10 m10N CCB >t °"D0 BPG g, ME Ne. 10398848801 dtECK ? 4- rRDA= ft. 103-98848 REV. 0 R[NER BUTT( D 0 0.5 1.0 APPROX. SCALE MILE USGS TOPOGRAPHIC MAP ROGRESS ENERGY CAROLINAS, INC. MINE N STEAM PLANT - NEW HANOI CO., NC FIGURE 1 I y i fv. !! `` pp BB yg ?o s r s s s r Y ? s r Y Y r r i ! ! ! ! f"-U W rf-Wi-JU vv rr-D" W MIS i 2 1 e? PUSH L1UHHx P048 I 0 76-WOW 77.69.30 W 77-6P0 W 77-68.30 W Map cantor. 34.16' 46" N. Legend Interstate Major Roads Other Read ,,? tntartw state hlshwy usM Roads CINas Lower 46 Welland Polygons 0 Eateadne and Martyr Deepwabw Estuarkm and Martyr Well" Freahwaler Emarsard wetland FreahwMw Fer@s%Mhtab Wadaad Freshwater Pond lake OIMr !1 Rk"ne NND Streams REFERENCE This map Is a user generated dadc output from an Internet mapping site and Is for general reference only. Data layers that appear on this neap may or may not be accurate, current, or otherwise rellable. SCALE 1"_0.5 Mi. ME oM 07/23/10 QUICK cce BPG nu rls. 10398848803 CHECK PROJEU No. 103-98848 REv• 0 KvER SUTTC D 0 0.5 1.0 APPROX. SCALE MILE NATIONAL WETLANDS INVENTORY MAP TRESS ENERGY CAROLINA INC. FIGURE TEAM PLANT -NEW HANOVER CO., NC FIGURE 3 d s REFERENCE Soils data taken from U.S. Department of Agriculture Sol Conaervatlon Service Soil Survey of New Hanover County, NC, dated April, 1977. a xxE 1 ??800? llrlE 07/23/10 Cce .V G10° BPG a, ME No 10398848804 CHECK j rRaiect NO. 103-96848 REV. 0 Kvww C4* - SUM .1 1 0 600 1200 APPROX. SCALE FEET SOILS MAP it NC FIGURE4 v 0 3 *A Golder FILE rm. 10398848805 M10 NO. 103-98848 "Ev. 0 0 WKE 1•m800s TM am 07/23/10 OEM Cce CUD BPG AERIAL PHOTOGRAPH NC FIGURE 5 REFERENCE 0 600 1200 Aerial photograph taken from New Hanover County, NC online GIS mapping. Image date: March 20013 APPROX. SCALE FEET U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2010-01388 County: New Hanover U.S.G.S. Quad: Castle Havne NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner: _Proeress Energy Carolinas. Inc. Agent: Golder Associates. Inc. Attn: Robyn Bryson Attn: Christopher Brookshire Address: 410 South Wilmington Street. PE84 3730 Chamblee Tucker Road Raleigh, NC 27601 Atlanta, GA 30341 Telephone no.: (919) 546-3962 (770) 496-1893 Property description: Size (acres) 90 Nearest Town Wilmington Nearest Waterway Cape Fear River River Basin Cape Fear River USGS HUC 03040207 Coordinates N 34.2859 W -77.9884 Location description The pro*eet area is located at 801 Sutton Steam Plant Road at the Proa c Energy Sutton Lake Plant in Wilmington, New Hanover County. North Carolina. Indicate Which of the Following Apply: A. Preliminary Determination Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). B. Approved Determination There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X There are waters of the U.S. including wetlands on the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWAx33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. X The waters of the U.S. including wetland on your project area have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to C WA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (LAMA). You should contact the Division of Coastal Management in Wilmington, NC at (910) 7%-7215 to determine their requirements. Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Christy Wicker at 910-251-4637. C. Basis For Determination The site is subject to ebb and flow of the tide and exhibits wetiand criteria as defined in the 1987 wetland delineation manual which is abuttine the Cane Fear River, a Section 10 Navigable Water. This determination is based on a site visit conducted by Christy Wicker on 8/26/2010. D. Remarks Please be aware that this property contains non-iurisdictional isolated wetlands Please contact the North Carolina Division of Water Ouality at (919) 733-1786 to discuss the State's regulations and requirements for these waters It was determined that these wetlands are not bordering neighboring or contiguous with any Section 404 jurisdictional waters. (Wetlands IA. 18 IC 3A 6A. 6% 6C. 6D 6E, 7A 10A 101310C and IOD) E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The deheation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: District Engineer, Wilmington Regulatory Division Attn: Ms. Christy Wicker, Regulatory Specialist, Wilmington Regulatory Field Office 69 Darlington Ave Wilmington, North Carolina 28403 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the District Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by December 29, 2010. **It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: Date 10/29/2010 Expiration Date 10/29/2015 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at our website at http://regulatorv.usacesunn.com/ to complete the survey online. Copy Furnish: Chad Coburn, NCDENR-DWQ, 127 Cardinal Drive, Wilmington, NC 28405 Applicant: Progress Energy; attn: Robyn File Number: SAW-2010- Bryson 101388 Date: October 29, 2010 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT Standard Permit or Letter of permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E ue. ' aI#e. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section 11 of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section Il of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for fuuther instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. ' r REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is alread in the administrative record. S..f ^h ri7.. i If you have questions regarding this decision If you only have questions regarding the appeal process you and/or the appeal process you may contact: may also contact: District Engineer, Wilmington Regulatory Division Mr. Jason Steele, Administrative Appeal Review Officer Attn: Ms. Christy Wicker, Regulatory Specialist CESAD-ET-CO-R Wilmington Regulatory Field Office U.S. Army Corps of Engineers, South Atlantic Division 69 Darlington Avenue 60 Forsyth Street, Room 9M 15 Wilmington, North Carolina 28403 Atlanta, Georgia 30303-8801 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits and approved Jurisdictional Determinations send this form to: R s till a< w a s vs w .r f? fl v I 1 I RV FWS-0200 Filed by GCD Progress Energy From: John HammondCalfws.oov To: Yates. Rick Subject: Re: Golder"s Sutton Environmental Report Date: Thursday, October 21, 2010 2:13:47 PM Attachments: yravcol.aif pic01869.oif ecblank.aif Hi Rick, I've reviewed the information contained in the Golder EA for the Sutton Steam Electric Plant in Wilmington, NC, which you provided by email on October 10, 2010. The EA indicates that approximately 90 acres within the project area were surveyed for red-cockaded woodpecker cavities; no cavities were found. The EA states that:"Suitable nesting habitat for the RCWs consists of mature pine forests (60 years in age or older), preferably composed of longleaf pine (Pinus palustrus[sic]). " A look at 2009 digital orthophotography suggests that there may be pine overstory within a 0.5-mile radius of the Plant that is comprised of pond pine (P. serotina) and/or loblolly pine (P. taeda), both species that are used for RCW cavities. However, the distribution of contiguous pine forest between 0 and 0.25-miles; and from 0.25-miles out to 0.50-miles of the project boundary is very patchy. The potential for an undetected cluster to fall within a 0.5-mile radius of the proposed project is negligible. The report further describes the forest that would be affected to be less than 30 years of age. I agree with your observation that the RCW would be the most likely federally protected species that could be affected by the project. I believe that the potential for any undetected element occurrences of rough-leaved loosestrife (Lysimachia asperulaefolia) or Cooley's meadowrue (Thalictrum cooley?) to fall within the project site are quite remote. Based on a review of this information, the Fish and Wildlife Service agrees that the proposed project is not likely to result in the unauthorized "take" of federally listed, threatened or endangered species. Thank you for an opportunity to comment on this project. John S. Hammond Raleigh Ecological Services Fish and Wildlife Biologist U.S. Fish and Wildlife Service Post Office Box 33726 Raleigh, North Carolina 27636-3726 919.856.4520 x 28; FAX: 919.856.4556 a"Yates, Rick" <richard.yates@pgnmail.com> "Yates, Rick" To"John_hammond@fws.gov"' <richard.yates@pgnmail.com> <john_hammond@fWs.gov> cc 10/08/2010 09:50 AM SubjectFW: Golder's Sutton Environmental Report John-as discussed here is the report that I mentioned that supports our conclusion that the proposed power plant site development would not have any effect on red-cockaded woodpecker which we believed would be the only federally listed species potentially impacted by the project. I will contact you when I return to the office on Monday, October 18, to follow-up. Thanks, Rick [attachment "COE-0200_03-19-10_Sutton_Environmental_Assessment_final[1].pdf" deleted by John Hammond/R4/FWS/DO1] NORTH CAROLnia arATR cummGNOTJSE DXPAR7It1Z1T OF ADUMISTRATION PLNI>>Mf COUNTY: NEW MANOV6R 811:LVERGY RELATED FAC li:3T IES/ACTW1Ti ES alloy HS RANI F: G1.kUHi LL-EARI.FY ?p T,yo CLEARINGROUS6 UMUINATOR DEPT or CULTURAL Rmuitas +3TATE HISTORIC PRESERVATION OFVI(:E NSC 417 - ARCHIVES BU71-DING RALEIGH NC 9RVIl1f DISTRIBUTION y? CAPr BEAR COO -? FEB •2M ti CCSPS - DIV OF EWFRGFNCY HANAGFMNT L? t: '` •-,,- DEWR - COASTAL MGT ` ? " '•. DENR LEGISLATIVE AFFAIRS DEPT Of AGRICULTURE DEPT OP CULTURAL RF.SOURCF.S DEPT OF TRANSPORTATION PR IMT IN1+010O1mo rr APPLICANT: N.C. DePt. Of CG-*J:04 3?111a TYPE: Rota EnvirOnAantal. Policy Act Enviro:Menta.l. Review $TAT& N1>l : 10-9-4600-OR35 DA11 MCiIViD: 01/07/2010 AMNCY imsPClis=: 0213012010 Nsv1KW CSASSD: 02/1Si2010 C4 to- 0083 0 s` ?/1 /0 DESC: Progress Enetgy "roiin8:t application for Certificate of Public Convenience anti liaceSalty to conxtruct 62-0 MR of combined cycle generating capacity, Dorkat N8. E-2, SOD 969. V1pw :docuMlic at N!»t.ncue. r7et. -Project entails txanatructi0n of b naturak gas-fired elketric oenerait ny facility at the exiaring Surton Plant :tear. Wilmington. The attached project has boon xubeiitted to the N. C. Stittg Clearinghouse for into rgovornmontaI review. Phase review and submit your response by the ahesve indicated date to 1301 Mail Sdrvicc Center, Raleigh NC* 2'1499-1301. if additional review ti*e is Yleadad, ploass Foptagt Fhis o[fice at (919)80'7=7425. AS A RCSULT OF THIS REVIL'W WE FOLLOWING 1S SUSHITTEU: ? NO COMHF.NT [] COMM ATTACHAD SIGHED BY: UAT6: ?. ??•_? ..a rJAW 112010