20110797 Ver 1_CAMA Application_20110825

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NC E
North Carolina Department of Environment and Natura
Division of Coastal Management
Beverly Eaves Perdue James H. Gregson
Governor Director
MEMORANDUM:
August 23, 2011
201 1 0797
Resources
Dee Freeman
Secretary
TO: Cyndi Karoly, Supervisor
401 Oversight & Express Permits Unit
Division of Water Quality-Surface Water Protection
FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator
400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09)
SUBJECT: CAMA/Dredge & Fill Major Permit Application Review
Applicant: CP&L, dba: Progress Energy Carolinas - (c/o: R. Brown)
Project Location: (Western Side) 2452 River Rd., in Winnabow, NC, (Br. Co.) &
Crossing into the Cape Fear River to 4311 River Rd., in
Wilmington, NC, (NH Co.)
Proposed Project: Applicant proposes to directionally drill two (2) electric transmission
lines under the Cape Fear River with associate-.' upland
transition/substations
Please indicate below your agency's position or viewpoint on the proposed project and
return this form by September 16, 2011. If you have any questions regarding the
proposed project contact Robb Mairs [phone] or Heather Coats (910) 796-
7424, when appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended
changes are incorporated. See attached.
This agency objects to the project for reasons described in the
attached comments.
SIGNED
DATE
AUG 2, 4 2011
400 Commerce Ave., Morehead City, NC 28557--3421 WATER QUALm
Phone: [phone] \ FAX: [phone] Internet: www,nccoastalmanagement.net $(T? TERBRP3?K
Ali Equal Opportunity,. Affirmative Action Employer fI l?cmliiia
Aahlrallil
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: CP&L, DBA Progress Energy Carolinas, c/o Richard A. Brown
2. LOCATION OF PROJECT SITE: The western side of the project is located at 2452 River Road in Winnabow,
Brunswick County, crossing the Cape Fear River to 4311 River Road in Wilmington, New Hanover County.
Photo Index - 2000: 15-147: E-X, 15-18 1995: 13-132: B-X, 2-11 1989: 4 182 15: A-W, 17-24
2006: 204-6653: A-S, 15-22 2000: 204-206: A-T, 14-22 1995: 14-146: A-0, 8-12
State Plane Coordinates - X: 2314383 Y: 145647 GPS - Q062216A (Brunswick)
Latitude: 34°08'44.33620"N Longitude: 78°57'39.77400"W
X: 148082 Y: 2319747 GPS-0-062010A (New Hanover)
Latitude: 34°09'07.866604"N Longitude: 78°56'35.66008"W
3. INVESTIGATION TYPE: CAMA/Dredge & Fill
INVESTIGATIVE PROCEDURE: Dates of Site Visit -6/22/11 (BR site) & 6/20/11 (NH site)
Was Applicant Present - Yes, a representative was present on 6/22/11
No (New Hanover site on 6/20/11)
5. PROCESSING PROCEDURE: Application Received - 8/18/11 (complete)
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan -Brunswick County and City of Wilmington-New Hanover County
Land Classification from LUP - New Hanover County: Conservation, Industrial
(B) AEC(s) Involved: EW, PTA, ES
Water Dependent: Yes
(D) Intended Use: Utility
(E) Wastewater Treatment: Existing -None Planned- None
(F) Type of Structures:
Existing - Existing overhead power transmission lines and associated building and fencing
Planned - Directionally drill two power transmission lines with associated transition stations.
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION:
[AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands- § 404-type 92,500 sq. ft.
(B) Non-Vegetated Wetlands 6,650 sq. ft.
(Shallow Bottom) (drilled)
(C) Other - Highground -16 acres
(disturbed)
(D) Total Area Disturbed: 18.28 acres
(E) Primary Nursery Area: Yes
(F) Water Classification: SC Open: No
PROJECT SUMMARY: The applicant is proposing to directionally drill two electric transmission lines under
the Cape Fear River with associated upland transition/substations.
CP&L- DBA Progress Energy Carolinas, c/o Richard A. Brown
Page Two
9. PROJECT DESCRIPTION
Brunswick County site:
The western side of the project is located at 2452 River Road in Winnabow, Brunswick County, crossing the Cape
Fear River to 4311 River Road in Wilmington, New Hanover County. To find the western (Brunswick) project
site, travel south on US Highway 17 to NC Highway 133 South (River Road SE). Travel approximately 6.3 miles
down River Road and the access road to the site will be on the left. It is located before Town Creek and a baseball
field can be seen at the turn to the road. Two dirt roads diverge at the baseball field off River Road. Access to the
site is through the road to the left, which runs approximately 90 degrees to River Road. Please note this is a
private road with locked gate, so access must be arranged prior to a site visit. Follow this road approximately
1.25 miles. It leads directly to the cleared Progress Energy utility easement. Turn left at dirt road on the easement
and follow it to the river. The project area is located on the left (northern) side of the easement.
The Brunswick site consists of approximately 7.48 acres, which is primarily uplands transitioning to wetland
vegetation as you near the bank of the Cape Fear River to the east. There is currently an existing cleared easement
with aerial transmission lines crossing the Cape Fear River to the New Hanover County side of the project. The
existing cleared easement measures approximately 150' in width and is bordered by two large, essentially
undeveloped tracts to the north, south and west. The project area is located on the northern side of the existing
cleared easement area.
Coastal wetland vegetation present on site consists primarily of Cattails (Typha spp.), Bulrush (Scirpus sp.) and
Giant Cordgrass (Spartina cynosuroides). Section 404 wetlands are also present on site; however, an approved
§404 wetland survey was not submitted as part of the application package. The §404 wetlands follow the coastal
wetland line along the southern part of the easement, then diverge landward in the wooded area along the
northeastern boundary of the easement. There is also an isolated wetland approximately 300' landward of the
existing aerial transmission line tower, with an approximate area of 0.2 acres.
New Hanover site:
The project is located on the east side of the Cape Fear River, on the west side of River Road (SR 1100),
approximately 2 miles south of the North Carolina State Ports facility, in Wilmington, in New Hanover County.
To locate the project site from the Wilmington Regional Office (WiRO), take a left onto Market Street (US HWY
17) and travel west and continue under the I-40 overpass until you reach the first stoplight to South College Road
(SR 132). Turn left onto the access ramp and travel south on South College Road approximately 3.5 miles until
you reach Shipyard Boulevard (US HWY 117). Merge right onto Shipyard Boulevard and travel west
approximately 2.0 miles until you reach Carolina Beach Road. Turn Left onto Carolina Beach Road and travel
south approximately 1.25 miles until you reach Independence Boulevard. Turn right onto Independence
Boulevard and travel west approximately 1.25 miles until you reach River Road (SR 1100). Turn left onto River
Road and continue to cross the bridge over Barnards Creek. Continue to travel an approximate 0.4 miles until you
reach the property of interest that will be located on the left at 4311 River Road. Follow the improved access road
for approximately 0.15 miles, which will lead to the existing CP&L, DBA Progress Energy Carolinas (PEC)
Barnards Creek Transition Substation.
The existing Barnards Creek Transition Station is located within an area measuring approximately 630 feet in
length by 520 feet in width on the 55 acre tract, which currently consists of capacitor banks, 230 KV substation
and a small building surrounded entirely by a chain linked fence. Based on aerial photography review the fenced
area appears to be entirely built upon area.
The facility also consists of the associated overhead transmission power lines that cross River Road and the Cape
Fear River to the west within what appears to be an easement through the tract owned by NNP IV-Cape Fear
CP&L- DBA Progress Energy Carolinas, c/o Richard A. Brown
Page Three
River, LLC that is associated with the River Lights development project. The PEC easement also appears to be
within the portion of the River Lights development project which involves relocation of a section of River Road.
It is noted that the application did not include a copy of an easement at this location for the existing overhead
power lines; however, the application indicates that the property owner was formally notified on the proposed
project.
The easement is bound by Cape Fear River to the west, which exhibits a border of coastal wetlands along the
river, measuring approximately 40 feet in width. These coastal wetlands are predominantly Smooth Cordgrass
(Spartina alterniora), Saltmeadow Grass (Spartina patens) and Black Needle Rush (Juncus roemarianus).
According to the application, 1.9 acres of § 404 jurisdictional wetlands on the eastern portion of the project site
have been delineated and approved by the US Army Corps of Engineers (USACE Action ID SAW-2010-00071)
issued on January 11, 2010. These wetlands are located on the northwestern side of the existing substation and
easement. High ground vegetation at the site consists of live oak, laurel oak, magnolia, loblolly pine, maple, and
cedar trees. Understory vegetation consists of red cedar, wax myrtle and grounsel-bush.
The Cape Fear River is approximately 6,650 feet wide at the project site. Its waters are classified as SC, by the
NC Division of Water Quality. There are no shellfish resources in the project area. At the project site, the Cape
Fear River is a designated Primary Nursery Area (PNA), by the NC Division of Marine Fisheries. The highground
portion of the New Hanover side of the project is classified as "Transitional" by the Wilmington-New Hanover
2006 Land Use Plan. The CAMA Areas of Environmental Concern and any area located in the 100-year flood
plain are considered to be classified as "Conservation" (See Sheets 1 and 2 of 13).
PROPOSED PROJECT
The applicant is proposing two directional drills under the Cape Fear River for electricity transmission lines with
associated switching/transition stations. The directional drills would measure approximately 6,650' in length and
would be drilled to a minimum depth of 45' below the current federal channel bottom. Two parallel 8 5/8" steel
pipes would be installed within the drilled paths. It is estimated that the drilling would result in approximately
900 cubic yards of spoil material. The spoil disposal site has not yet been determined, but the applicant states the
spoil would not be placed in any wetland areas.
Brunswick County site (Town Creek):
As proposed, the drilling would originate on the Brunswick County side. The proposed entry point for the
directional drilling would be located approximately 145' landward of the normal high water (NHW) and coastal
wetlands lines. A temporary pad, measuring approximately 160' in length by 80' in width with a 6" ABC stone
base would be located approximately 95'+ from the NHW line to allow for staging of equipment and welding of
the pipe to be installed. Permanent transition stations would also be constructed on both sides of the river. The
specifics of the Town Creek (Brunswick side) station have not yet been determined, but the proposed
footprint/built-upon areas and stormwater features have been identified on the plans included in the application.
Most of the proposed work on the Brunswick County side would be located outside of the 75' Estuarine Shoreline
AEC, however, a portion of a level spreader, dissipator pad and filter strip is proposed outside of the 30' buffer,
but within the 75' Estuarine Shoreline AEC. Some minimal ground disturbance may also occur within the 30'
buffer, as the proposed limits of disturbance/silt fence would be located within the buffer, landward of coastal and
§404 wetlands, which according to the applicant is necessary to allow access of machinery to and around the
proposed aforementioned stormwater features at the northeast corner of the site within the AEC. The Landscaping
Plan (Dwg. No. RDC-57702 Sheet 16 of 16) also shows proposed planting of several shrubs within the 30' buffer.
The applicant has stated that no grading/fill nor stormwater control features are proposed within the buffer, as
shown on the plans (please refer to "Exhibit, Drawing No. Sheet 2 of 3" for details).
CP&L- DBA Progress Energy Carolinas, c/o Richard A. Brown
Page Four
New Hanover County Site (Barnards Creek):
The proposed termination point for the directional drilling would be located approximately 700' landward of the
NHW line once it crosses the Cape Fear River from the Brunswick County site. The facility would consist of an
approximately 240' in length by 210' in width fenced and graveled area containing similar structures and
equipment as the Town Creek facility in Brunswick County (Town Creek), but would not have a circuit breaker or
control building. As proposed on the western portion of the project, a temporary pad, measuring approximately
115' in length by 100' in width (approximately 10,975 sq. ft.) with a 6" ABC stone base would be located
approximately 700'+ from the NHW line to allow for staging of equipment and welding of the pipe to be
installed. Based on the application, it appears that the limits of disturbance for the drilling entry point and
portions of the associated pad are outside the applicant's property boundary and right-of-way. The application
states that this portion of the project would be done through a lease agreement with the current property owner
(NNP IV-Cape Fear River, LLC). Once the project has been completed, the leased area would be then turned
over to the City of Wilmington to be used as park space. The specifics of the Barnards Creek (New Hanover side)
station have not yet been determined, but the proposed footprint/built-upon areas and stormwater features have
been identified on the plans included in the application. All of the proposed work on the New Hanover County
side would be located outside of the 75' Estuarine Shoreline AEC. Portions of the expansion of the existing
transition station footprint and associated access road would be located within an area that has been identified as
jurisdictional §404 wetlands. Approximately 1.92 acres of wetlands would be permanently filled with a gravel
base for the proposed transition station location and associated access road, which would lead to the transition
station. As shown, a total of 9.88 acres would be disturbed on the New Hanover site of which approximately
430,373square feet would be built-upon area (or 19.5%) (See project narrative and sheets 3 of 13 through 13 of
13).
The applicant has indicated that no mitigation is proposed; however, they are proposing payment to the
Ecosystem Enhancement Program (EEP) in lieu of mitigation. A letter from the EEP has been included in the
application package.
10. ANTICIPATED IMPACTS
The proposed project would result in the disturbance of approximately 18 acres in total. According to the
applicant, it would result in approximately 26.21% BUA on the Brunswick site and 19.532% on the New Hanover
site. No impervious surfaces are proposed within the 75' Estuarine Shoreline AEC. Approximately 92,500 square
feet (2.1 acres) of jurisdictional § 404 wetlands would be filled. The proposed directional drill would cross under
approximately 6,650 feet of open water (designated Public Trust Area and Estuarine Waters AECs).
Submitted by: Heather Coats & Robb Mairs Date: 8/22/11 Office: Wilmington
PROJECT NARRATIVE
PROGRESS ENERGY CAROLINAS, Inc.
CAPE FEAR RIVER UNDERGROUND TRANSMISSION CROSSING
Progress Energy Carolinas (PEC) is proposing to construct an underground electric transmission
line and associated on-shore facilities, adjacent to PEC's existing overhead line crossing the
Cape Fear River, to comply with federal continuity of service requirements.
The project consists of horizontal-directional-drilling-installation of two 8 5/8" welded steel
pipes under the Cape Fear River, installation of electric conductors in the conduit and
construction of associated transition stations and support infrastructure on each side of the Cape
Fear River. The latter includes a pressurization station required for underground transmission
lines.
Background
After a major electric blackout in the Midwestern United States in 2003, the Federal Energy
Regulatory Commission and North American Electric Reliability Corporation (FERC/NERC)
mandated that electric utilities meet certain new continuity of service (reliability) standards.
Among these is that no large capacity transmission lines can be located so that a single event
could result in multiple line failures.
PEC's two existing transmission lines crossing the Cape Fear River below Wilmington fit this
criterion. The Brunswick Plant Unit 1 - Castle Hayne 230kV East overhead transmission line
and the Brunswick Plant Unit 2 - Wilmington Corning Switching Station 230kV overhead
transmission line share common towers (i.e., are co-located) where those lines cross the river.
Because both of these co-located lines could theoretically be taken out of service by a single
event such as a ship striking one of the shared in-river towers, PEC has to relocate one of the
lines to comply with the FERC/NERC directive. After considerable analysis (also discussed
further below), PEC has determined that an underground crossing is the preferred alternative.
Project Description and Alternatives Analysis
Considerable thought was given to how best relocate one of the overhead lines, including the
impacts of location, construction and operation & maintenance, as well as the short- and long-
term costs. PEC specifically included an analysis of both overhead and underground
alternatives.
Initially, PEC contracted with an out-of-state consultant to conduct an independent line routing
study, taking into account the existing infrastructure (the overhead lines) and natural features
(Cape Fear River, wetlands, etc), and where, consistent with FERC/NERC separation
requirements, alternative overhead (OH) or underground (UG) lines could be built.
Overhead Alternative
An OH alternative would have to be separated from the existing line by at least one-quarter mile.
This separation would require that a new line route extend from one of the existing lines up- or
downstream by at least that distance, cross the river utilizing towers similar to those on the
existing crossing, and then be routed back to the existing line on the opposite side. This less
direct route would require clearing an additional 3,000 - 12,000 feet of 100-foot wide right-of-
way, impacting approximately 8 - 35 acres of mixed uplands, wetlands and open water (not
including the Cape Fear River). In addition, a minimum of two in-water tower foundations
would need to be constructed in the Cape Fear River. Construction of such towers would require
several months, and include excavating four footings for each tower leg, pouring of the
foundations, and construction of the towers. All in-water work would be done primarily from
barges, and could possibly require dredging to reach the work areas, depending upon the final
engineering of the tower locations. The OH alternative would not have required expansion of the
existing Barnard Creek substation, or construction of transition stations, as would the UG option.
Underground Alternative
The UG alternative could be located under the existing OH crossing, within the existing PEC
easement. The UG would extend across the river for a distance of over 6,600 feet, at an
approximate depth ranging from 45 to 60 feet below the maintained channel depth (40-55 feet
below the proposed approximate future channel bottom) at the channel's lowest point, so the line
itself would result in only minimal additional on-land disturbance.
The UG crossing would consist of installing two parallel 8 5/8-inch-diameter welded steel pipes
utilizing horizontal directional drilling (HDD). HDD requires temporary work areas on each side
of the river for equipment set up, area for welding and "stringing" the steel pipe, and for
equipment set up and storage. The technique requires the use of "drilling mud" (typically
bentonite clay), which serves to cool the drill cutter head, to flush cuttings out of the drill hole to
a containment area, and to keep the drilled hole open until the pipe can be pulled through. The
clay is filtered and reused, and upon project completion, will be dewatered and disposed of at an
appropriately-permitted disposal site. The process is typically well-controlled and "clean", with
little disturbance of the water itself. While a "frac-out" (escape of drilling mud to the land
surface or water through an unknown fracture in the substrate) can occur, we believe the
likelihood is remote, given the depth of the proposed drill, the substrate and the experience of the
contractor. Additionally, the HDD equipment is equipped with sensing equipment that detects
any leakage so that the drilling can be stopped and any leakage plugged with minimal spillage.
The UG alternative requires the two pipes containing the electric cable to be filled with
approximately 24,000 gallons (combined total for two pipes) of dielectric fluid (mineral oil).
A pressurization station, incorporated within the New Hanover County transition station
(described below), includes the system controls and monitoring equipment. The pressurization
2
station also houses a 9,000-gallon tank which helps maintain the pressurized oil system. Because
the UG pipe is welded, coated steel, and is deep underground, and the system is monitored with
multiple stages of alarms to alert system operators of potential issues that could indicate a leak,
there is minimal risk of a spill to surface or groundwater. However, the project will incorporate
a spill prevention, control, and countermeasure (SPCC) plan.
A pressurization unit for the underground cables will be located within the New Hanover County
transition station (described below). This pressurization unit will consist of a self-contained
enclosure containing pumping equipment, associated relaying equipment, a 9,000 gallon
dielectric fluid reservoir tank (which will contain, on average, 4,000 gallons of fluid), and a
nitrogen-driven emergency pressurization system. A fluid containment pit is incorporated into
the design of the concrete foundation. The pressurization unit is connected to the two
underground cable pipes, which house an additional 24,000 gallons (approximately). If there
were a loss of pressure within the pressurization unit, the oil would remain within the pipes, and
not feed back into the containment pit. There is no circulation of the dielectric fluid through the
pipes as in a petroleum pipeline. The dielectric fluid that initially fills the cable pipes and
pressurizing plant will remain in place indefinitely. The reservoir tank accommodates normal
expansion/contraction of the fluid as ambient temperatures change. The system incorporates
alarms that alert operators to the potential loss oil, who then dispatch personnel to take action in
switching over to redundant components in the pressurization system while repairing the
condition. In the extremely unlikely event of catastrophic failure, the severe alarm levels would
lead the operators to trip the lines, and take action at the pressurization unit.
Additionally, the UG alternative will require substation-like "transition stations" where the UG
cable surfaces and transitions back to the conventional overhead transmission line on each side
of the river.
The Town Creek 230 kV Transition Station will be located on the Brunswick County (west) side
of the river. The facility will consist of a 240' x 210' fenced and graveled area containing
structures and equipment for connecting the new underground transmission line to the existing
overhead transmission line. Equipment will include a 230 kV gas insulated circuit breaker,
switches, instrument transformers and a power transformer for supplying AC power to the Town
Creek facility. The largest oil volume per single piece of equipment will be the power
transformer with 540 gallons. Also, a 13'-6" x 36'-0" x 10'-6" tall pre-fabricated concrete
building will be installed for housing the protection and control equipment.
The Barnard Creek 230 kV Transition Station will be located on the New Hanover County (east)
side of the river. The facility will consist of a 260' x 180' fenced and graveled area containing
similar structures and equipment as the Town Creek facility, but will not have a circuit breaker
or control building. The largest oil volume per single piece of equipment, other than the above-
described pressurization station which will be in this facility, will be the power transformer with
540 gallons.
A primary consideration for both the OH and UG options is how any new equipment can be
located with minimal overall impact and cost to the proposed project and to the existing
3
overhead line and substation. The proposed layout reflects PEC's least-impacting approach.
Even as such, however, the proposed UG alternative will result in permanent impacts to 0.2 acre
of wetlands on the Brunswick County (Town Creek) side and 1.92 acres of wetlands on the New
Hanover County (Barnard Creek) side.
Because of the infrastructure required for the UG alternative, the addition of impervious surface
would necessitate post-construction stormwater controls.
Selected Alternative
After consideration of the short- and long-term impacts of the OH and UG alternatives, PEC has
determined that the UG alternative is preferred for this specific project and location.
PEC believes that the choice of UG or OH water crossings must be site-specific, and dependent
upon many factors, as discussed above. For the proposed project, on balance, the OH option
impacts, primarily the need for considerable lengthy in-water construction and additional
overland line construction, appear greater than impacts associated with the UG option. While
PEC can construct OH lines with minimal impact, those ROWS are then unavailable for most
other uses. The UG option requires a smaller overall footprint.
Mitigation
Because the proposed project's transition stations will result in the loss of over two acres of non-
coastal wetlands, PEC investigated mitigation options. No private banks were identified in this
sub-basin, so PEC requested authorization to utilize the option of in-lieu fee payment to the
Ecosystem Enhancement Program (EEP). In an (enclosed) letter dated May 10, 2011, EEP
indicated willingness to accept in-lieu fee payment for impacts, subject to permitting agency
agreement.
Schedule
PEC is proposing to initiate limited ground disturbance for site preparation and equipment set-up
in late summer/fall 2011, upon receipt of an approved erosion control plan from NCDENR -
Land Quality [Note: NCDENR - Land Quality approved the erosion control plans for the two
sites in letters dated August 9, 2011]. Any disturbance of CAMA- or 404 jurisdictional areas
would not commence until receipt of those respective permits. HDD work would commence on
November 1, 2011 (or upon receipt of final permits), and be completed by June 1, 2012.
Transition station work would be completed by October 1, 2012.
4
4y*.
Ron MP-1
NFLICATIONfor
20110797

Maier Development Permit
(last revised 12/27/06)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/ Landowner Information
Business Name Project Name (if applicable)
Carolina Power & Light D/B/A Progress Energy Carolinas Cape Fear River Underground Transmission Crossing
Applicant 1: First Name MI Last Name
Richard A. Brown
Applicant 2: First Name MI Last Name
N/A N/A N/A
If additional applicants, please attach an additional page(s) with names listed.
Mailing Address PO Box City State
100 East Davie Street 1981 Raleigh NC
ZIP Country Phone No. FAX No.
27601 USA 919 - 546 - 3122 ext. N/A 919 - 546 - 7552
Street Address (if different from above) City State ZIP
N/A N/A N/A N/A-
Email
[e-mail]
2. Agent(Contractor Information
Business Name
Carolina Power & Light D/B/A Progress Energy Carolinas
Agent/ Contractor 1: First Name MI Last Name
William (Buzz) T. Bryson
Agent/ Contractor 2: First Name MI Last Name
N/A N/A N/A
Mailing Address PO Box City State
100 East Davie Street 1981 Raleigh NC
ZIP Phone No. 1 Phone No. 2
27601 919 - 546 - 663 7 ext. N/A 919 - 812 - 1120 ext. N/A
FAX No. Contractor #
919 546 6386 N/A
Street Address (if different from above) City State ZIP
N/A N/A N/A N/A -
Email
[e-mail]
<Form continues on back>
Form DCM MP-1 (Page 2 of 6)
APPLICATION for
Major Development Permit
3. Project Location
Street Address
County (can be multiple) East terminus of UG is at 43 11 River Road, Wilmington, at State Rd. #
Brunswick New Hanover 34.15459, -77.93843. We st is at 2452 River Road SE, N/A
Winnabow, off NC 133 at 34.14511, -77.96124.
Subdivision Name City State Zip
N/A N/A NC East - 28412 - West-
28479
Phone No. Lot No. (s) (if many, attach additional page with list)
N/A - - ext. N/A, , , ,
a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project
Cape Fear Cape Fear River
c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site.
®Natural ?Manmade ?Unknown Cape Fear River
e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed
?Yes ®No work falls within.
New Hanover & Brunswick counties
4. Site Description
a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.)
N/A East = 2,395,800; West = 261,360
c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or
N/A, NWL (normal water level)
(If many lot sizes, please attach additional page with a list) East = 9-17; West = 5-15 ?NHW or ®NWL
e. Vegetation on tract
Primarily scrub pines and oaks. Majority of site is within or adjacent to existing maintained overhead electric transmission
line right-of-way (ROW),
f. Man-made features and uses now on tract
Western (Brunswick County) side of project includes above-referenced transmission line ROW and existing private road.
Eastern (New Hanover County) side of project is immediately adjacent to the same transmission line and an existing large
electric substation, both off existing paved River Road.
g. Identify and describe the existing land uses adjacent to the proposed project site.
Western side is generally undeveloped (primarily two large tracts of privately-owned land, with some timber management).
Eastern side is more heavily developed, being flanked by River Road to the west, Barnard Creek to the north, the
Riverlights development to the south and east.
h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning?
Brunswick Co, RR - Rural Residential (Attach zoning compliance certificate, if applicable)
New Hanover Co., 1-2 - Industrial District ®Yes ?No ?NA
j. Is the proposed activity part of an urban waterfront redevelopment proposal? ?Yes ®No
k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ®Yes ?No ?NA
If yes, by whom? Environmental Services Inc
1. Is the proposed project located in a National Registered Historic District or does it involve a ?Yes ®No ?NA
National Register listed or eligible property?

Form DCM MP-1 (Page 3 of 6)
<Form continues on next page>
APPLICATION for
Major Development Permit
m. (i) Are there wetlands on the site? ®Yes ?No
(ii) Are there coastal wetlands on the site? ®Yes ?No
(iii) If yes to either (i) or (ii) above, has a delineation been conducted? ®Yes ?No
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
N/A. The project involves only the underground transmission line and associated transition stations on each end. The
Brunswick County transition station will include a small control building, and the New Hanover County transition station will
include the pressurization station.
o. Describe existing drinking water supply source.
N/A
p. Describe existing storm water management or treatment systems.
Nothing on the western side. Eastern side is sheet flow only.
5. Activities and Impacts
a. Will the project be for commercial, public, or private use? ®Commercial ?Public/Government
?Private/Community
b. Give a brief description of purpose, use, and daily operations of the project when complete.
Federal agency (FERC/NERC) directives have required PEC to separate the two existing major overhead electric
transmission lines crossing the Cape Fear River on common towers. PEC has determined that constructing the proposed
underground crossing will satisfy the FERC/NERC requirements, and minimize environmental impacts. The project is not an
expansion project, but simply a relocation of one of the existing lines to comply with the guidelines.
c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type
of equipment and where it is to be stored.
This proposed project will require two horizontal directional drills (HDDs), each approximately 6,650 feet long for the installation
of a 230 kV double circuit, high-pressure fluid-filled (HPFF) transmission line crossing. The Cape Fear River is
approximately 5,700 feet wide at the project location. From the entry and exit points of each horizontal directional drill, the
underground cables will be open-trenched to each termination point. The cable terminations will be placed about 400 feet
inland on the west side of the river, at a new switching station (Town Creek) and about 500 feet to the Barnard Creek
Transition Station on the east side of the river. The total length of underground cable to be installed will be approximately
7,550 feet per circuit. Three 2500 kcmil copper conductors will be installed for each cable circuit. Each will be contained in
an 8-5/8" steel cable pipe. In addition, a fiber-optic cable will be installed in a pipe or conduit strapped to one of the cable
pipes. For each circuit, the HPFF cables will be installed in three lengths, two on ground trenched portions and one length
through the HDD portion.
Pilot Hole - The preferred method for the HDD crossing will be the continuous bore-hole method to drill a small diameter pilot
hole. The planned pilot hole for the crossing will have between an 8 degree - 12 degree entry angle and up to a 10 degree
exit angle and a radius of curvature in compliance with good practice guidelines. Utilizing the continuous bore-hole method,
the drill bit would be advanced from the entry point to the exit location along the proposed bore-hole path using a directional
jetting bottom-hole assembly or mud motor with bit and bottom-hole assembly. The bottom hole assembly includes the bit,
stabilizer, directionally oriented sub, steering guidance tool (probe) and non-magnetic drill collar. The drill stem added
behind the bottom hole assembly as the pilot hole advances will be S-135 grade minimum 6-5/8" full hole double shoulder
drill pipe or better and in random 30 (+/-) foot lengths. The location of the pilot-hole drill path will be continuously monitored
and surveyed utilizing the downhole wire-line probe as drilling proceeds.
Pilot-Hole Intersect Methodology - As an alternate method in the event it becomes necessary, pilot-hole intersect methodology
would be used to drill and install the crossing. This requires the use of two drill rigs and associated steering components, on
opposite sides of the river. Each drill rig site requires adequate work space for staging equipment and necessary manpower
to operate. To complete the hole intersect, a bottom-hole assembly (see description above) will be advanced from both
sides of the crossing. The location of this pilot-hole drill path will be continuously monitored, surveyed and then recorded
from its respective drill rig location utilizing the data from the down hole probe. At any time during pilot hole intersect
operations an optional 22-inch hole-opener may be used to open the annulus of the entry borehole. The primary purpose of
this hole opening pass is to clean the borehole more effectively before the actual intersect takes place to maintain drill fluid
continuity/communications to the exit side of the crossing. Once the hole-intersect is complete, the down hole probe will be
pushed into the previously drilled pilot hole and the survey information will be checked, verified and plotted.

Form DCM MP-1 (Page 4 of 6)
APPLICATION for
Major Development Permit
Reaming - Reaming is the process of enlarging the pilot hole in successive increments to accommodate the diameter of the
product pipe. The number of ream passes required for installation of the steel pipe after the initial pilot hole is complete will
be based on soil conditions. If reaming is necessary, the reamers will be various types of dirt and rock reamers.
Pipe Installation - The pipe will be welded and placed on top of rollers in preparation for pullback. The pipe will be pulled into
place utilizing an approved pull head, swivel and reamer from entry to exit. This is a continuous operation which takes place
until the product pipe is pulled through the opened hole back to the entry point.
Drill Work Sites - A cleared and level work pad, capable of supporting a drill rig with ancillary equipment, is required on either
side of the proposed crossing. Additionally, a work area will be required for pipeline fabrication. The pads will require the
installation of matting, gravel or other means to provide a stable workable surface. Work areas are typically 200 feet long
(parallel to the drill centerline) by 100 feet in width. The two work areas will be connected by a straight centerline alignment.
Typical site set-up includes a survey trailer, power unit, supply trailer, drilling rig, mud rig with desilter and shaker, pipe trailer,
crane and contained spoil area as well as adjacent equipment and materials lay down areas and vehicle parking (Attachment
1).
Drilling Fluids - Drilling fluids will be used to run the drill motor or jet bit to cut through the earth material, to seal off fractures in
the formation, to lubricate the drill pipe during installation, and to remove the drilled soil or cuttings from the bore. Drilling
fluid will be made up of water as the carrier fluid (-96%) and bentonite clay as the solid (-4%) with a pH value between 8
and 10. Bentonite will be mixed in a mud mixing tank of up to 5,000 gallons. Once the drilling fluid is thoroughly mixed to an
acceptable consistency it will be pumped from the mud tank to the back end of the drill rig. From here it will be injected
under high pressure through the drill stem at a rate of between 300 to 800 gpm to the apex of the drill head. The spent drill
fluid with mixed cuttings maintains a return flow back along the annular space created between the drill stem and the
formation wall. Drill fluid returns to the entry pit where it is pumped by a 6 hp submersible pump to the fluid recycle and
recovery system. At the beginning of the pilot hole, a large percentage of the drilling fluid returns to the rig site. As the drill
progresses, more of the returns are absorbed by the earth or rock formation and are not returned to the rig site. Non-toxic,
non-hazardous additives will only be used if necessary to increase gel strength, prevent clay bailing and swelling, improve
viscosity, control fluid loss and/or increase the pH of the makeup water. The first phase of the mud cleaning system is
displacement of solid returns at the shaker. Solid control systems vary for the various drill rigs; however, the end product is
the same. Heavy solids are sifted out by a shaker with screens and deposited into a pit. From here they will either be dried
and incorporated into the existing project or transported by dump truck to a permitted site for disposal. Spent drill fluids are
collected at the drill site and transferred to tanker trucks for disposal at an approved location.
Transition Stations - The underground transmission line will require transition stations on each side of the crossing. These
substation-like facilities contain equipment, including switches, circuit breakers and underground cable terminations where
the underground cable surfaces and transitions back to the conventional overhead transmission line.
d. List all development activities you propose.
1. Construction of 6,600 ft. underground transmission line consisting of two parallel 8 5/8 " diameter welded steel pipes
which will contain electric cable and dielectric fluid. Transmission crossing will be located 45 to 60 ft. below maintained
channel depth.
2. Construction of two transition stations on each side of the Cape Fear River where the underground cable surfaces and
transitions back to the conventional overhead transmission line. The transition stations will contain equipment including
switches, circuit breakers, underground cable terminations and, on the eastern side of the river, a pressurization station. The
pressurization station includes system controls, monitoring equipment (including leak-detection alarms) and a 9,000-gallon
tank to maintain the pressurized oil system.
e. Are the proposed activities maintenance of an existing project, new work, or both? New work, but not expansion of
transmission capacity.
f. What is the approximate total disturbed land area resulting from the proposed project? 18 ?Sq.Ft or NAcres
g. Will the proposed project encroach on any public easement, public accessway or other area NYes ?No ?NA
that the public has established use of?
h. Describe location and type of existing and proposed discharges to waters of the state.
PEC has existing overhead transmission lines crossing the Cape Fear River, and an existing substation in New Hanover
County on River Road near Barnard Creek. The existing infrastructure resulted in no discharges to water. The proposed
work would add underground transmission (no discharges) and transition stations on each side of the river. The transition
station on the west side will result in the fill of 0.2 acre of non-coastal wetlands, and the transition station on the east side will
result in the fill of 1.92 acre of non-coastal wetlands.
i. Will wastewater or stormwater be discharged into a wetland? NYes ?No ?NA
If yes, will this discharged water be of the same salinity as the receiving water? ?Yes ?No NNA
Form DCM MP-1 (Page 5 of 6)
APPLICATION for
Major Development Permit
j. Is there any mitigation proposed? ®Yes ?No ?NA
If yes, attach a mitigation proposal.
<Form continues on back>
6. Additional Information
In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application
package to be complete. Items (a) - (f) are always applicable to any major development application. Please consult the application
instruction booklet on how to properly prepare the required items below.
a. A project narrative.
b. An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale. Please give the present status of the
proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish
between work completed and proposed.
c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site.
d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties.
e. The appropriate application fee. Check or money order made payable to DENR.
f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such
owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in
which to submit comments on the proposed project to the Division of Coastal Management.
Name See Attachment for a List of Adjacent Landowners Phone No.
Address
Name Phone No.
Address
Name Phone No.
Address
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates.
Permit No. SAW-2010-00071 Permittee: Progress Energy Issue Date: January 11, 2010
Carolinas
Authorization to extract core samples from the Cape Fear River
h. Signed consultant or agent authorization form, if applicable.
i. Wetland delineation, if necessary.
j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner)
k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
7. Certification and Permission to Enter on Land
I understand that any permit issued in response to this application will allow only the development described in the application.
The project will be subject to the conditions and restrictions contained in the permit.
I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to
enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up
monitoring of the project.
I further certify that the information provided in this application is truthful to the best of my knowledge.
Date 72c, ! Print Name "R?,L ;Z0L0,)
Signature

Form DCM MP-1 (Page 6 of 6)
Please indicate application attachments pertaining to your proposed project.
®DCM MP-2 Excavation and Fill Information ?DCM MP-5 Bridges and Culverts
®DCM MP-3 Upland Development
?DCM MP-4 Structures Information
APPLICATION for
Major Development Permit

Form DCM MP-2
EXCAVATION and FILL
(Except for bridges and culverts)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet.
Access Other
Channel
(NLW or Canal Boat Basin Boat Ramp Rock Groin Rock
Breakwater (excluding
shoreline
NWL) stabilization

Length -6,600 ft
Width <9',
45 to 60 ft
below
Avg. Existing NA NA maintained
Depth channel
depth
Final Project NA NA
Depth
1. EXCAVATION ?This section not applicable
a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated.
cubic yards. Sand, limestone from underneath river.
Approx. 900 cu yd of material from underground transmission line
bore hole, which extends under Cape Fear River from high ground
to high ground. No work is proposed in surface waters.
c. (i) Does the area to be excavated include coastal wetlands/marsh d. High-ground excavation in cubic yards.
(CW), submerged aquatic vegetation (SAV), shell bottom (SB), None
or other wetlands (WL)? If any boxes are checked, provide the -
number of square feet affected.
?CW ?SAV ?SB
?WL ENone
(ii) Describe the purpose of the excavation in these areas:

2. DISPOSAL OF EXCAVATED MATERIAL ?This section not applicable
a. Location of disposal area. b. Dimensions of disposal area.
PEC will provide final location information to NCDCM prior TBD, sufficient to accommodate the -900 yards of
to any off-site material disposal excavated material
c. (i) Do you claim title to disposal area? d. (i) Will a disposal area be available for future maintenance?
?Yes ENo ?NA ?Yes ?No ENA
(ii) If no, attach a letter granting permission from the owner. (ii) If yes, where?
No further disposal will be required after project
completion.
e. (i) Does the disposal area include any coastal wetlands/marsh f. (i) Does the disposal include any area in the water?
(CW), submerged aquatic vegetation (SAV), shell bottom (SB), ?Yes ®No ?NA
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected. (ii) If yes, how much water area is affected?
?CW ?SAV ?SB
. 5 -- - --- revised: 12,126,106
:.W- f xcav ?fio n Fill, Page 2 of 3)
?WL ®None
(ii) Describe the purpose of disposal in these areas:
a. Type of shoreline stabilization: b. Length:
[]Bulkhead ?Riprap []Breakwater/Sill []Other:
- Width:
c. Average distance waterward of NHW or NWL: d. Maximum distance waterward of NHW or NWL:
e. Type of stabilization material: f. (i) Has there been shoreline erosion during preceding 12
months?
[]Yes ?No ?NA
(ii) If yes, state amount of erosion and source of erosion amount
information.
g. Number of square feet of fill to be placed below water level. h. Type of fill material.
Bulkhead backfill Riprap
Breakwater/Sill Other
i. Source of fill material.
4. OTHER FILL ACTIVITIES This section not applicable
(Excluding Shoreline Stabilization)
a. (i) Will till material be brought to the site? EYes LJNo LJNA b. (i) Will fill material be placed in coastal wetlands/marsh (CW),
If yes, submerged aquatic vegetation (SAV), shell bottom (SB), or
other wetlands (WL)? If any boxes are checked, provide the
(ii) Amount of material to be placed in the water None number of square feet affected.
(iii) Dimensions of fill area ?CW ?SAV ?SB
(iv) Purpose of fill
OWL 92,500 ?None
Electric equipment within both transition stations requires (ii) Describe the purpose of the fill in these areas:
uniform grade, which necessitates fill material. Fill will be
placed in non-coastal wetlands and uplands only; no fill will Fill material will be used to establish a uniform, level grade for
be placed in water. electrical equipment. Fill in non-coastal wetlands is
necessitated because of required alignment with existing
electrical infrastructure. Impact within wetlands has been
minimized to extent possible..
5. GENERAL
a. How will excavated or fill material be kept on site and erosion
controlled?
Drill cuttings (material removed from below-riverbed bore hole will
be contained in an upland area, dewatered and removed to a
permitted upland disposal site. Transition station development
will comply with approved erosion control plan and other
permits.
b. What type of construction equipment will be used (e.g., dragline,
backhoe, or hydraulic dredge)?
Underground transmission line will be installed with horizontal
directional drilling equipment set up on high ground outside
AEC. Transition station sites will be prepared using standard
graders and bulldozers. Dump trucks will remove soil
unsuitable for structural use and will bring in soil suitable for
filling both sites to uniform grade for transition stations.
c. (i) Will navigational aids be required as a result of the project? d. (i) Will wetlands be crossed in transporting equipment to project
[]Yes ®No ?NA site? ®Yes ?No ?NA
(ii) If yes, explain what type and how they will be implemented. (ii) If yes, explain steps that will be taken to avoid or minimize
K-
-1 - {Excavation and Fill, Page of 3)
environmental impacts.
The identified portions of wetlands to be filled will be crossed.
Remaining wetlands will not be impacted.
E?(?/2-, it
Date
Cape Fear River Underground Transmission Crossing
Project Name
Richard A. Brown, Gen. Mgr. -Transmission Const. & Engr.
Applica e
Applicant Signature

DCM MP-1
Attachment 1 - Typical Drill Site Set-Up
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Form DCM MP-3
UPLAND DEVELOPMENT
(Construction and/or land disturbing activities)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
GENERAL UPLAND DEVELOPMENT
a. Type and number of buildings, facilities, units or structures
proposed.
Transition stations (one each on New Hanover Co and
Brunswick Co sides of Cape Fear River), control building
(within BC transition station) and pressurization station
(within NHC transition station) associated with underground
electric transmission line crossing.
c. Density (give the number of residential units and the units per
acre).
N/A
e. If the proposed project will disturb more than one acre of land, the
Division of Land Resources must receive an erosion and
sedimentation control plan at least 30 days before land-disturbing
activity begins.
(i) If applicable, has a sedimentation and erosion control plan been
submitted to the Division of Land Resources?
®Yes ?No ?NA
(ii) If yes, list the date submitted:
b. Number of lots or parcels.
Two, one on New Hanover Co. side of Cape Fear River;
one on Brunswick Co. side of River.
d. Size of area to be graded, filled, or disturbed including roads,
ditches, etc.
Brunswick Co. - 7.48 acres (includes 0.20 ac of non-
coastal wetland); New Hanover Co. - 9.88 ac (includes
1.92 ac of non-coastal wetland).
f. List the materials (such as marl, paver stone, asphalt, or concrete)
to be used for impervious surfaces.
Small control building on west (Brunswick Co side).
Pressurization station on east (New Hanover Co side).
Each is - 14'x32'. Remainder of impervious surfaces will
be gravel.
g. Give the percentage of the tract within the coastal shoreline AEC to
be covered by impervious and/or built-upon surfaces, such as
pavement, building, rooftops, or to be used for vehicular driveways
or parking.
None
i. Give the percentage of the entire tract to be covered by impervious
and/or built-upon surfaces, such as pavement, building, rooftops,
or to be used for vehicular driveways or parking.
New Hanover Co. - 19.52%; Brunswick Co. - 26.21 %
j. Describe proposed method of sewage disposal.
N/A (no sewage)
I. Describe location and type of proposed discharges to waters of the
state (e.g., surface runoff, sanitary wastewater, industrial/
commercial effluent, "wash down" and residential discharges).
Surface runoff via approved county & state post-
h. Projects that require a CAMA Major Development Permit may also
require a Stormwater Certification.
(i) Has a site development plan been submitted to the Division of
Water Quality for review?
®Yes ?No ?NA
(ii) If yes, list the date submitted: Submitted to Bruswick &
New Hanover counties week of 5/2/11. Will submit to
DWQ upon establishment of property rights, est. week of
6/20/11
k. Have the facilities described in Item (i) received state or local
approval?
?Yes ®No ?NA
If yes, attach appropriate documentation.
m. Does the proposed project include an innovative stormwater
design?
?Yes ®No ?NA
If yes, attach appropriate documentation.
252-808-28082 :: 1-888-4RCO ST :: r rvu ne faastaltnana.gement.n t revised: 12/26106
Form ®CMi MP-3 (Upland Development, page 2 of 2)
construction stormwater plans
m. Describe proposed drinking water supply source (e.g., well,
community, public system, etc.)
N/A (none)
o. When was the lot(s) platted and recorded?
PEC owns New Hanover County property, except for a
small area being leased for the temporary drilling pad.
That leased area will then be turned over to the city for
use as a park. PEC is in final negotiations with property
owners on the Brunswick County portion (draft
documents attached). Under-river directional drill is
within existing PEC easement area.
n. (i) Will water be impounded? ?Yes ®No ?NA
(ii) If yes, how many acres?
p. If proposed development is a subdivision, will additional utilities be
installed for this upland development?
?Yes ?No ®NA
7
Date
Cape Fear River Underground Transmission `Crossing
Project Name
Caren B. Anders
Applicant Name
Applicant Signature
252-808-2808 :: 1-888-4RCOAST :: www.nccoasta mannaement, net revised: 1212WO6
Enclosure 2
Routing Alternative Study
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Enclosure 3
Site Environmental Survey
and
Corps' Jurisdictional Determination
ENVIRONMENTAL SERVICES, INC.
524 S. NEW HOPE ROAD
RALEIGH. NORTH CAROLINA 27610
919-212-1760 9 FAX [phone]
www.enviromnentalservicesinc.com
November 17, 2010
Ms. Sarah Puffer, P.E.
Progress Energy Carolinas, Inc.
100 East Davie Street
TPP 18
Raleigh, NC 27601
Re: Barnard Creek Pumping Station and Town Creek Switching Station
Brunswick and New Hanover Counties, North Carolina ER06-039.78
Ms. Puffer:
Thank you for contacting Environmental Services, Inc., concerning the above referenced project. At
your request, we ha-e conducted a jurisdictional wetland and stream delineation, Global Positioning
System (GPS) data collection, preliminary Threatened and Endangered species habitat evaluation, and
report preparation for the Barnard Creek Pumping Station and Town Creek Switching Station project
in Brunswick and New Hanover Counties, North Carolina.
This letter report outlines our findings pertaining to the jurisdictional delineation and Threatened and
Endangered species habitat evaluation.
Please call me if you have any questions or comments. As always, thank you for allowing ESI to
provide services to Progress Energy Carolinas.
Sincerely,
ENVIRONMENTAL SERVICES, INC.
416'e-c- V.?
Robert Turnbull
Senior Scientist
Jeff Harbour
Ecology Division Manager
Cc: Buzz Bryson
FLORIDA 0 GEORGIA • NORTH CAROLINA • SOUTH CAROLINA • MARYLAND • OHIO
Natural Resources Investigation for the
Barnard Creek Pumping Station and
Town Creek Switching Station
Brunswick and New Hanover Counties, North Carolina
Prepared for:
Progress Energy
Progress Energy Carolinas, Inc.
100 East Davie Street
TPP 18
Raleigh, North Carolina 27601
Prepared by:

ENVIRONMENTAL SERVICES, INC.
524 South New Hope Road
Raleigh, North Carolina 27610
November 2010
Natural Resources Investigation for the
Barnard Creek Pumping Station and
Town Creek Switching Station
Brunswick and New Hanover Counties, North Carolina
November 2010
Proiect Description
The proposed Barnard Creek Pumping Station and Town Creek Switching Station project is located in
Brunswick and New Hanover Counties, North Carolina. Progress Energy Carolinas (PEC) proposes to
construct a new pumping station adjacent to the existing Barnard Creek Substation, a new
transmission line from the existing Barnard Creek substation across the Cape Fear River to Town
Creek, and a new switching station on the west side of the Cape Fear River. The project study area is
located southwest of the City of Wilmington (Figure 1). The project study area on the east side of the
Cape Fear River consists of the proposed pumping station site and a 100-ft wide corridor adjacent to
the north side of the existing transmission line between the pumping station site and the Cape Fear
River. The project study area on the west side of the river consists of a 50-ft wide corridor along the
existing access road from NC 133, a 300-ft wide corridor on the north side of the existing transmission
line between the Cape Fear River and the access road, and a 100-ft wide corridor on the north side of
the existing transmission line between the access road and Town Creek.
The project study area is depicted on both U.S. Geological Survey (USGS) maps and recent aerial
photographs. The project study area primarily consists of a mixed hardwood and mixed
pine/hardwood communities. A coastal marsh community is present adjacent to Town Creek. A
successional community resulting from routine maintenance is present within the existing powerline
right-of-way.
Proiect Understanding
Environmental Services, Inc., (ESI) was tasked by PEC to provide the following services for the
Barnard Creek Pumping Station and Town Creek Switching Station project:
• Jurisdictional wetland, stream, and surface water delineation,
• GPS data collection,
• Preliminary protected species habitat assessments for federally Endangered and Threatened
species, and
• Report and graphics preparation.
EST was asked to delineate all jurisdictional features located within the project study area boundaries,
which were provided by PEC in November 2010.
Background Research
Prior to the initiation of field efforts, available sources were reviewed, including the USGS 7.5-minute
topographic quadrangle of Wilmington, NC (USGS 1993), National Wetland Inventory (NWI)
mapping (USFWS 2010a), and Natural Resource Conservation Service (MRCS) soils mapping for
Brunswick County (USDA 1986) and New Hanover County (USDA 1977). Additionally, records
kept by the North Carolina Natural Heritage Program (NHP) concerning any known occurrences of
federally Threatened or Endangered species were reviewed on November 9, 2010 (NCNHP 2010).
Water Resources
The project study area is in subbasin 03-06-17 of the Cape Fear River Basin and is located in USGS
hydrologic unit 03030005 (USGS 1974, NCDWQ 2010). A Best Usage Classification (BUC) is
assigned to waters of North Carolina based on the existing or contemplated best usage of various
bodies of water. The proposed transmission line corridor crosses the Cape Fear River. Wetlands
within the project study area are associated with either the Cape Fear River or Town Creek. The Cape
Fear River [Stream Identification # 18-(71)] has a BUC of SC from the upstream mouth of Toomers
Creek to a line across the river from Snows Point (through Snows Marsh) to Federal Point. Town
Creek (Stream Identification # 18-81) has a BUC of C;Sw from its source to the Cape Fear River.
Class SC waters are tidal salt waters protected for aquatic life propagation and survival, fishing,
wildlife, and secondary recreation. Secondary recreation is any activity involving human body contact
with water on an infrequent and incidental basis. Class C waters are freshwaters protected for aquatic
life propagation and survival, fishing, wildlife, and secondary recreation. The supplemental
classification Sw indicates swamp waters, which have low velocities and other natural characteristics
that are different from the adjacent streams. The Cape Fear River and Town Creek are not listed as
Outstanding Resource Waters (ORW) or a High Quality Waters (HQW) (NCDWQ 2010).
Section 404 & 401 Wetlands and Surface Waters
Section 404 of the Clean Water Act (CWA) requires regulation of discharges into "Waters of the
United States". Although the principal administrative agency of the CWA is the U.S. Environmental
Protection Agency (EPA), the Army Corps of Engineers (ACOE) has major responsibility for
implementation, permitting, and enforcement of provisions of the Act. The ACOE regulatory program
is defined in 33 CFR 320-330. Water bodies such as rivers, lakes, and streams are subject to
jurisdictional consideration under the Section 404 program. However, by regulation, wetlands are also
considered "Waters of the United States". Wetlands have been described as:
"Those areas that are inundated or saturated by surface or round water at a frequency
and duration sufficient to support, and that under normal circumstances do support, a
prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands
generally include swamps, marshes, bogs, and similar areas."[33 CFR 328.3(b) (1986)]
According to the Atlantic and Gulf Coastal Plain Interim Regional Supplement to the ACOE Wetland
Delineation Manual (DOA 2008), areas must exhibit three distinct characteristics to be considered
jurisdictional wetlands: 1) prevalence of hydrophytic (water tolerant) plants; 2) presence of hydric
soils; and 3) sufficient wetland hydrology indicators within 12 inches of the ground surface. When
present, intermittent and perennial stream channels are also considered Waters of the United States
under Sections 404 and 401 of the CWA.
2
The ACOE "Rapanos" decision allows ACOE and EPA to establish CWA jurisdiction under one of
two standards. The first standard upholds CWA jurisdiction if the water body is "relatively
permanent", and its adjacent wetlands directly abut the water body. The second standard upholds
jurisdiction if a water body, in combination with all wetlands adjacent to that water body, has a
"significant nexus" with traditional navigable waters.
• Relatively Permanent Waters - A water body is relatively permanent if its flow is year round
or its flow is continuous at least seasonally (e.g., three months). Wetlands adjacent to a
"relatively permanent" tributary are also jurisdictional if those wetlands directly abut such a
tributary.
• Adjacent - Defined by ACOE and EPA as bordering, contiguous, or neighboring. Wetlands
separated from other waters of the U.S. by man-made dikes or barriers, berms, or dunes and
the like are adjacent.
• Abutting - Wetlands that are not separated from the tributary by an upland feature are
abutting.
• Significant Nexus - A water body will be determined to have a "significant nexus" if its
functions affect the chemical, physical, and biological integrity of a downstream traditional
navigable water.
Section 10 of the Rivers and Harbors Act requires authorization from the ACOE for the excavation of
material, alteration, obstruction, or construction of any structure in or over any "navigable water" of
the united States (33 U.S.C 410 et seq.). A "Navigable water" is defined as waters that are subject to
the ebb and flow of the tide shoreward to the mean high water mark and/or waters that are presently
used, have been used in the past, or are susceptible for use to transport interstate or foreign commerce
(33 CFR part 329). The Cape Fear River will likely be considered a "navigable water" and will be
subject to Section 10 jurisdiction.
Coastal Area Management Act (CAMA)
The North Carolina Division of Coastal Management (NCDCM) and the Coastal Resources
Commission (CRC) oversee CAMA, which affords additional protection to certain areas located
within any of the twenty (20) coastal counties. Activities that impact certain coastal wetlands that are
under the jurisdiction of CAMA, also known as Areas of Environmental Concern (AEC), typically
require CAMA approval as granted through the NCDCM. Pre-determined areas within the project
study area will qualify as AECs because they meet one or more of the following criteria defining
AECs: 1) public trust waters; 2) estuarine waters; 3) coastal shorelines; and 4) coastal wetlands.
Public trust waters are the coastal waters and submerged lands that every North Carolinian has the
right to use. These areas often overlap with estuarine waters, but also include many "inland" fishing
waters as defined by the North Carolina Marine Fisheries Commission. Estuarine waters are the
state's oceans, sounds, tidal rivers and their tributaries, which stretch across coastal North Carolina
and link to the other parts of the estuarine system: public trust areas, coastal wetlands and coastal
shorelines. Coastal shorelines include all lands within 75 feet of the normal high water level of
3
estuarine waters. Coastal wetlands include any marsh in the 20 coastal counties that regularly or
occasionally flood by lunar or wind tides, and includes one or more of the ten-listed CAMA plant
species (NCDCM 2002). All four of the above AEC types are present in the project study area.
Delineation Results
The wetland delineation effort associated with this project occurred on November 10 and 11, 2010.
Vegetation, soils, and hydrology data were collected during the field surveys in order to determine
whether the three criteria were satisfied within each potential wetland area. GPS data collection
occurred concurrently with delineation. Ten (10) Section 404 wetland areas, three (3) coastal
wetlands, and one Section 10 water (Cape Fear River), were identified and delineated within the
project study area. Section 404 wetland boundaries were flagged with sequentially numbered pink-
and-black striped and solid blue flagging and are labeled W 1 - W 10. Coastal wetlands were flagged
with sequentially numbered pink-and-black striped and solid orange flagging and are labeled CW 1 -
CW3. GPS-based layouts depicting the approximate extent and approximate location of the
jurisdictional features were produced, but are not intended to be a replacement for a traditional survey
and are not intended to be used as such.
A General Location Figure is attached as Figure 1. Aerial photographs (1'' = 500') depicting the
delineated features are attached as Figures 2a - 2c. ACOE Routine Wetland Determination forms
were completed during the delineation.
Wetland Data
The jurisdictional wetlands delineated within the project study area are depicted on the attached aerial
photography. These wetlands have been classified pursuant to the N.C. Wetland Assessment Method
(NCWAM). NCWAM was developed to determine the level of a function of a wetland relative to
reference condition (where appropriate) for each of sixteen North Carolina general wetland types.
NCWAM was created to be used for project planning, alternatives analysis, compliance and
enforcement, mitigation planning, and tracking functional replacement (NCWFAT 2009).
Wetlands within the project study area were classified as either Salt/Brackish Marsh, Bottomland
Hardwood Forest, Headwater Forest, or a Floodplain Pool. Salt/Brackish Marsh wetlands are
wetlands affected by lunar or wind tides and dominated by herbaceous vegetation. Bottomland
Hardwood Forests are wetlands intermittently to seasonally inundated for long duration, dominated by
woody vegetation, and adjacent to a waterbody twenty acres or greater in size. Headwater Forests are
wetlands intermittently to seasonally saturated, dominated by woody vegetation, and adjacent to a
waterbody twenty acres or greater in size. Floodplain Pools are localized, semi-permanently inundated
depressions that are dominated by woody vegetation. Dominant vegetation within the Salt/Brackish
Marsh wetlands includes giant cordgrass (Spartina cynosuroides), cattail (Typha latifolia), and
sawgrass (Cladium jamaicense). Dominant vegetation within the Bottomland Hardwood Forest
includes red maple (Ater rubrum), sweetgum (Liquidambar styraciflua), loblolly pine (Pinus taeda),
wax myrtle (Morello cerifera), cabbage palm (Sabal palmetto), and giant cane (Artindinaria gigantea).
Dominant vegetation within the Headwater Forest includes swamp chestnut oak (Quercus michauxii),
4
American sycamore (Platanus occidetatalis), green ash (Fraxinus pennsylvanica), black gum (Nyssa
biflora), and water tupelo (N. aquatic). Dominant vegetation within the Floodplain Pools includes red
maple, sweetbay (Magnolia virginiana), loblolly pine, sweetgum, water oak (Q. nigra), gallberry (Ilex
glabra), titi (Cyrilla racemiflora), and cinnamon fern (O.smunda cinnamomea). Table 1 contains the
wetland data collected within the project study area.
Wetland and Stream Permitting
Dredge and fill activities in "Waters of the United States" must be authorized by ACOE pursuant to
Section 404 of the CWA and also by DWQ pursuant to Section 401 of the CWA. Activities
authorized by the ACOE are subject to further water quality requirements per Section 401 of the
CWA. In North Carolina, the DWQ administers the Section 401 Water Quality Certification process,
which also must include plans on how the applicant proposes to manage stormwater. Section 10
authorization may also be required as a result of the Cape Fear crossing if it has the potential to affect
navigation. Coordination is recommended with ACOE in order to determine the permitting
requirements for this project. Compensatory mitigation can be required by ACOE if the proposed
project is determined to have an adverse effect on Waters of the United States, including wetlands.
Impacts to coastal wetlands or any other AEC must be authorized by NCDCM pursuant to CAMA. It
is recommended that ACOE and NCDCM review the delineation results if impacts are likely to be
required for this project.
Table 1. Wetland Data for the Barnard Creek Pumping Station and Town Creek Switching Station
Project.
Threatened and Endangered Species
Species with the federal classifications of Endangered (E), or Threatened (T), are protected under the
Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531 et seq.). Fourteen (14) of the
5
tsortonnana tnarawooa Forest Total Acreage: +/- 3.09
Floodplain Pool Total Acreage: +/- 2.64
Salt/Brackish Marsh Total Acreage: +/- 5.89
* Acreages based on non-survey grade CPS data collected with a Trimble GeoXT
fifteen (15) species listed in Table 2 carry the federal designation of E or T and are listed by the U.S.
Fish and Wildlife Service (USFWS) as having ranges that are considered to extend into Brunswick
County (list date September 22, 2010) and/or New Hanover County (list date September 22, 2010)
(USFWS 2010b). The bald eagle was officially delisted and removed from the federal Endangered
Species List on August 9, 2007, but is still protected under the Bald and Golden Eagle Protection Act
(BGPA) and the Migratory Bird Treaty Act (MBTA).
Table 2. Federal Protected Species for the Barnard Creek Pumping Station and Town Creek Switching
Station Project.
Federal Habitat
Common Name Scientific Name Status County Present Biological
(T'E)" Y,N Conclusion
Brunswick,
American alligator Alligator mississippiensis T (S/A) Y No Effect
New Hanover
Bald eagle Haliaeetus leucocephalus NA Brunswick Y No Effect
Eastern cougar Puma concolor couguar E Brunswick N No Effect
Green sea turtle Chelonia mydas T Brunswick, Y No Effect
New Hanover
Kemp's ridley sea turtle Lepidochelys kempii E Brunswick Y No Effect
Leatherback sea turtle Dermochelvs coriacea E Brunswick Y No Effect
Loggerhead sea turtle Caretta caretta T Brunswick, Y No Effect
New Hanover
Piping plover Charadrius melodus T Brunswick, N No Effect
New Hanover
Red-cockaded
Picoides borealis
E Brunswick,
N
No Effect
woodpecker New Hanover
Shortnose sturgeon Acipenser br•evirostrum E Brunswick. Y No Effect
New Hanover
West Indian manatee Trichechus manatus E Brunswick, Y No Effect
New Hanover
Wood stork Mycteria americana E Brunswick N No Effect
Cooley's meadowrue Thalictrum cooleyi E Brunswick Y Unresolved
Rough-leaved loosestrife Lysimachia asperulaefolia E Brunswick, Y Unresolved
New Hanover
Seabeach amaranth A T Brunswick, N No Effect
New Hanover
" T-Threatened, E-Endangered. T(S/A)-Threatened due to similarity of appearance
r Removed from federal Endangered Species list; remains protected by the BGPA and MBTA
American alligator - The American alligator is a large reptile with a broad snout, a short neck, a
heavy body, and a laterally compressed tail. Adults are blackish or dark gray, but faint yellowish
crossbands are sometimes evident. The young are black with conspicuous yellow crossbands. The
American alligator inhabits fresh water swamps, marshes, abandoned rice fields, ponds, lakes, and
backwaters of large rivers. Females lay eggs in June and hatchlings emerge in late summer or early
fall (Martof et al. 1980). American alligator is listed as threatened based on the similarity in
6
appearance to other federally listed crocodilians; however, there are no other crocodilians within North
Carolina.
Habitat Present: Yes
A review of NHP records indicates three documented occurrences of American alligator
within 1.0 mile of the project study area. The open water habitat of the Cape Fear River and
Town Creek and the marsh habitat within the project study area provide suitable habitat for
this species. However, the proposed transmission line will span this open water habitat. The
proposed project will have no effect on this species.
BIOLOGICAL CONCLUSION: No Effect
Bald eagle - Bald eagles typically feed on fish but may also consume birds and small mammals. In
the Carolinas, nesting season extends from December through May (Potter et al. 1980). Bald eagles
typically nest in tall, living trees in a conspicuous location near water and forage over large bodies of
water with adjacent trees available for perching (Hamel 1992).
The bald eagle was officially delisted and removed from the federal Endangered Species List on
August 9, 2007, but they are still protected under the BGPA and the MBTA. The National Bald Eagle
Management Guidelines (USFWS 2007) prohibit disturbance to a bald eagle. The Guidelines define
disturb as "to agitate or bother a bald or golden eagle to a degree that causes, or is likely to cause,
based on the best scientific information available: 1) injury to an eagle; 2) a decrease in its
productivity, by substantially interfering with normal breeding, feeding, or sheltering behavior; or 3)
nest abandonment, by substantially interfering with normal breeding, feeding, or sheltering behavior."
The definition also covers impacts that result from human-caused alterations initiated around a
previously used nest site during a time when eagles are not present, if, upon the eagles return, such
alterations agitate or bother an eagle to a degree that injures an eagle or interferes with normal
breeding, feeding, or sheltering behavior (USFWS 2007).
Under the current Guidelines, USFWS recommends the following measures for roads, trails, canals,
power lines, and other linear utilities. If the eagle nest can be seen from the project site and there is no
similar activity within 660 feet, then USFWS recommends that the project: 1) maintain a buffer of at
least 660 feet between your activities and the nest; 2) maintain any established landscape buffers; and
3) if possible, create additional landscape buffers to screen the new activity from the nest. If these
recommendations cannot be adopted for the project, then coordination is recommended with the local
USFWS office.
Habitat Present: Yes
A review of NHP records indicates that the bald eagle has not been documented within 1.0
mile of the project study area. The project study area includes the Cape Fear River and Town
Creek, which provide large open water habitat. No bald eagle nests were observed during the
field investigation. The proposed project will have no effect on this species based on current
7
site conditions. Periodic inspections for bald eagle activities are recommended during the
design/construction phase of this project.
BIOLOGICAL CONCLUSION: No Effect
Eastern cougar - The eastern cougar is a possibly extinct eastern subspecies of the widespread
mountain lion species. This species was possibly extirpated from North Carolina by the late 1800s
although recent sporadic sightings have been reported from remote areas of the mountains and coastal
plain. Records of eastern cougar occur across North Carolina with most sightings in coastal swamps
and the southern Appalachian Mountains. This nocturnal predator is found in large remote wilderness
areas where there is an abundance of their primary food source, white-tailed deer. A cougar will
usually occupy a range of 10 to 20 square miles, varying in size with age, sex, and food availability
(Webster et al. 1985).
Habitat Present: No
The project study area is in close proximity to the developed, urban landscape of the City of
Wilmington. A review of NHP records indicates that there are no documented occurrences of
this species within 1.0 mile of the project study area. The proposed project will have no effect
on this species.
BIOLOGICAL CONCLUSION: No Effect
Green sea turtle - The green sea turtle is a medium to large turtle (76 to 152 centimeters (30 to 60
inches) long, 100 to 295 kilograms (220 to 650 pounds) in weight) with a smooth, heart-shaped shell
(Martof et al. 1980). They are most commonly found in the Caribbean where they breed, although
individuals, usually immatures, are occasionally found along the North Carolina coast. Green sea
turtles are omnivorous, primarily eating jellyfish and seaweeds. Preferred nesting habitat is ocean-
fronting beaches.
Habitat Present: Yes
No coastal beaches are present in the project study area suitable for nesting, although
individuals may occasionally occur in the Cape Fear River. A review of NHP records
indicates that there are no documented occurrences of green sea turtle within 1.0 mile of the
project study area. The proposed project will not directly impact the Cape Fear River and will
have no effect on this species.
BIOLOGICAL CONCLUSION: No Effect
Kemp's ridley sea turtle - The Kemp's ridley sea turtle is the smallest of the sea turtles and is
generally considered the most endangered species of sea turtle in the world. This species ranges from
the Gulf of Mexico and the east coast, to Nova Scotiaand Europe. In addition to its small size, this
species is discernible by the heart shaped carapace and gray coloration. Kemp's ridley prefers shallow
coastal waters, including sounds and the lower portions of large rivers, where it feeds on crabs,
shrimp, snails, clams, and some saltwater plants. Nearly all members of this species are believed to
nest on a short strand of ocean beach in the state of Tamaulipas, Mexico. Only a single nesting record
8
exists for North Carolina, on Long Beach in Brunswick County (1992). The nearest suitable nesting
habitat for this species is the Outer Banks ocean beaches (Martof et al. 1980).
Habitat Present: Yes
No coastal beaches are present in the project study area suitable for nesting, although
individuals may occasionally occur in the Cape Fear River. A review of NHP records
indicates that there are no documented occurrences of Kemp's ridley sea turtles within 1.0
mile of the project study area. The proposed project will not directly impact the Cape Fear
River and will have no effect on this species.
BIOLOGICAL CONCLUSION: No Effect
Leatherback sea turtle - The leatherback turtle is distinguished by its large size (46 to 70 inch
carapace, 650 to 1,500 pounds) and a shell of soft, leathery skin. This species is primarily tropical in
nature, but the range may extend to Nova Scotia and Newfoundland (Martof et al. 1980). The
leatherback is a powerful swimmer, often seen far from land; however, it sometimes moves into
shallow bays, estuaries, and even river mouths. Its preferred food is jellyfish, although the diet
includes other sea animals and seaweed. The Leatherback generally nests on sandy, tropical beaches.
Habitat Present: Yes
No coastal beaches are present in the project study area suitable for nesting, although
individuals may occasionally occur in the Cape Fear River. A review of NHP records
indicates that there are no documented occurrences of Leatherback sea turtles within 1.0 mile
of the project study area. The proposed project will not directly impact the Cape Fear River
and will have no effect on this species.
BIOLOGICAL CONCLUSION: No Effect
Loggerhead sea turtle - The loggerhead is the most common sea turtle on the coast of the Carolinas.
This species averages 79 to 120 centimeters (31 to 47 inches) in length and weighs from 77 to 227
kilograms (170 to 500 pounds). The loggerhead is basically temperate or subtropical in nature, and is
primarily oceanic, but it may also be found in fresh water bays, sounds, and large rivers. Bodies of
water in the project area are probably not large enough to support this species' foraging habitat. This
species occurs along the coast of North Carolina from late April to October. Preferred nesting habitat
is ocean beaches, generally south of Cape Lookout. Traditionally, the largest concentration of
loggerhead nests each year is on Smith Island, at the mouth of the Cape Fear River (Martof et al.
1980).
Habitat Present: Yes
No coastal beaches are present in the project study area suitable for nesting. A review of NHP
records indicates that there are no documented occurrences of loggerhead sea turtles within
1.0 mile of the project study area. The proposed project will not directly impact the Cape Fear
River and will have no effect on this species.
BIOLOGICAL CONCLUSION: No Effect
9
Piping plover - Piping plovers are the smallest of the plovers found in North Carolina, measuring only
6 to 8 inches in length. These small birds occur along beaches above the high tide line, sand flats at
the ends of sand spits and barrier islands, gently sloping fore dunes, blowout areas behind primary
dunes, and wash-over areas cut into or between dunes. Nests are most often on open, wide sandy
stretches of beach similar to those associated with inlets and capes (USFW S 1996a).
Habitat Present: No
No coastal beaches are present in the project study area. A review of NHP records indicates
that there are no documented occurrences of piping plover within 1.0 mile of the project study
area. The proposed project will have no effect on this species.
BIOLOGICAL CONCLUSION: No Effect
Red-cockaded woodpecker (RCW) - Primary habitat consists of mature to over-mature southern
pine forests dominated by loblolly (Pious taeda), longleaf (P. palustris), slash (P. elliotd), and pond
pines (P. echinata). Nest cavities are constructed in the heartwood of living pines, generally older
than 60 years that have been infected with red-heart disease. Nest cavity trees typically occur in
clusters, which are referred to as colonies. Pine flatwoods or pine savannas that are fire maintained
serve as ideal nesting and foraging sites for this species. Development of a thick understory and
midstory within a given area usually deters nesting and foraging. Potential nest sites for RCW's
include pine and pine/hardwood stands greater than 60 years of age. Hardwood/pine stands (<50%
pine) greater than 60 years of age may also be considered potential nesting habitat if adjacent to
potential foraging habitat (Henry 1989). Foraging habitat is typically comprised of open pine/mixed
hardwood stands over 30 years of age (Henry 1989). Pines must comprise at least 60 percent of the
canopy in order to provide suitable foraging for RCW's. Somewhat younger pine stands may be
utilized if the trees have an average diameter at breast height (DBH) greater than or equal to 9 inches.
Foraging stands must be connected to other foraging areas or nesting areas in order to be deemed a
viable foraging site. Open spaces or unsuitable habitat 200 ft or more in width are considered barriers
to RCW foraging (USFWS 2003).
Habitat Present: No
A review of NHP records indicates no documented occurrences of RCW within 1.0 mile of the
project study area. No suitable habitat for the RCW was identified within the project study
area. The pine-dominated community on the east side of the Cape Fear River does include
pine trees suitable for nesting and/or foraging habitat for RCW. However, this community is
less than ten acres in size and no additional suitable foraging or nesting habitat was observed
within 200 feet of the suitable foraging habitat. The proposed project will have no effect on
this species.
BIOLOGICAL CONCLUSTION: No Effect
Shortnose sturgeon - The shortnose sturgeon is a bottom-feeding fish that occurs in Atlantic seaboard
rivers from the St. Johns River, Florida to eastern Canada. The sturgeon is anadromous, spending
most of the year in brackish estuarine environments and moving into freshwater only when spawning
10
(Gilbert 1989). Research suggests that the Lower Cape Fear River drainage area may contain the only
self-sustaining population of shortnose sturgeon in North Carolina.
Habitat Present: Yes
A review of NHP records indicates one documented occurrence of shortnose sturgeon in the
Cape Fear River within 1.0 mile of the project study area. The Cape Fear River does provide
suitable habitat for shortnose sturgeon within the project study area. However, the proposed
line will span this open water habitat. The proposed project will have no effect on this
species.
BIOLOGICAL CONCLUSION: No Effect
West Indian manatee - Manatees have been observed in all the North Carolina coastal counties.
Manatees are found in canals, sluggish rivers, estuarine habitats, salt water bays, and as far off shore as
3.7 miles. They utilize freshwater and marine habitats at shallow depths of 5 to 20 feet. In the winter,
between October and April, manatees concentrate in areas with warm water. During other times of the
year habitats appropriate for the manatee are those with sufficient water depth, an adequate food
supply, and in proximity to freshwater. Manatees require a source of freshwater to drink. Manatees are
primarily herbivorous, feeding on any aquatic vegetation present, but they may occasionally feed on
fish (USFWS 1993).
Habitat Present: Yes
A review of NHP records does not document any occurrences of West Indian manatee in
waters within 1.0 mile of the project study area. The Cape Fear River does provide open
water habitat within the project study area. The proposed line will span the open water and
will have no effect on this species.
BIOLOGICAL CONCLUSION: No Effect
Wood stork - Wood storks do not breed in North Carolina, but a few disperse to southeastern North
Carolina following breeding season. During recent years, a small flock has been regularly present in
Brunswick County in mid-to-late summer. Storks are birds of freshwater and brackish wetlands,
primarily nesting in cypress or mangrove swamps. They feed in freshwater marshes, narrow tidal
creeks, or flooded tidal pools. Particularly attractive feeding sites are depressions in marshes or
swamps where fish become concentrated during periods of falling water levels.
Habitat Present: No
A review of NHP records does not document any occurrences of wood stork within 1.0 mile
of the project study area. Due to the lack of mangrove or cypress swamps in the project area,
nesting is unlikely. The marsh communities adjacent to the Cape Fear River and Town Creek
within and adjacent to the project study area are saltwater marshes and do not provide suitable
freshwater or brackish foraging habitat for this species. Therefore, the project is expected to
have no effect on wood storks.
BIOLOGICAL CONCLUSION: No Effect
11
Cooley's meadowrue - Cooley's meadowrue is a rhizomatous, perennial herb with a smooth stem; the
3-foot high plant is normally erect in full sun but lax in the shade. Leaves are ternately divided; the
leaflets, less than 1 inch long, are narrow, with untoothed margins. The small, petal-less, unisexual
flowers appear on an open panicle in June and the fruits, small ellipsoidal achenes, mature in August
and September. Moist bogs and savannas are the preferred habitat of Cooley's meadowrue. This
species is endemic to the southeastern Coastal Plain of North Carolina (11 locations) and one location
in Florida. Some form of disturbance is usually needed to sustain the open quality of the meadowrue's
habitat. Consequently, Cooley's meadowrue is sometimes found along utility corridors, roadside
margins, or other maintained areas. Cooley's meadowrue is threatened by fire suppression and land
disturbing practices such as silviculture or agriculture (USFWS 1994).
Habitat Present: Yes
A review of NHP records does not document any occurrences of Cooley's meadowrue within
1.0 mile of the project study area. No moist bogs or savannas were observed within the
project study area. However, the existing utility corridor includes wet areas within the project
study area that do provide potential habitat for Cooley's meadowrue. Detailed surveys will be
required to determine if the proposed project will have any detrimental effects on this species,
especially if any disturbance to the wetlands within the ROW is proposed. The optimal
survey window for Cooley's meadowrue is mid-June to early July.
BIOLOGICAL CONCLUSION: Unresolved
Rough-leaved loosestrife - The rough-leaved loosestrife is a rhizomatous perennial that flowers from
late May to June with the seeds forming by August and capsules dehiscing in October. Rough-leaved
loosestrife typically occurs along the ecotone between long-leaf pine savannas and wetter, shrubby
areas, where lack of canopy vegetation allows abundant sunlight into the herb layer. The loosestrife is
endemic to Coastal Plain and Sandhill regions of the Carolinas. This species is fire maintained;
suppression of naturally occurring fires has contributed to the loss of habitat in our state. Drainage of
habitat may also have adverse effects on the plant (USFWS 1995).
Habitat Present: Yes
A review of NHP records does not document any occurrences of rough-leaved loosestrife
within 1.0 mile of the project study area. However, the existing powerline easement does
include wet ecotones that provide potential habitat for this species. Detailed surveys will be
required to determine if the proposed project will have any detrimental effects on this species
especially if any disturbance to the wetlands within the ROW is proposed. The optimal
survey window for rough-leaved loosestrife is mid May to June.
BIOLOGICAL CONCLUSION: Unresolved
Seabeach amaranth - Seabeach amaranth is an annual that grows from seeds germinating from April
through July. The plant is succulent, sprawling or trailing, and may reach 2 feet in length. Its leaves
are succulent, rounded with an indented tip, and are clustered near the ends of the stems.
Inconspicuous flowers and fruits are produced in the leaf axils, typically beginning in July until frost.
12
This species occurs on barrier island beaches where its primary habitat consists of over-wash flats at
accreting ends of islands, and lower fore dunes and upper strands of non-eroding beaches. Seabeach
amaranth appears to be intolerant of competition and does not occur on well-vegetated sites. The only
remaining large populations of seabeach amaranth are in coastal North Carolina (USFWS 1996b).
Habitat Present: No
A review of NHP records indicates that there are no documented occurrences of seabeach
amaranth within 1.0 mile of the project study area. The project study area does not include
any barrier island beach habitat. The proposed project will have no effect on this species.
BIOLOGICAL CONCLUSION: No Effect
Summary
ESI identified ten Section 404 jurisdictional wetland areas, three coastal wetlands, and one traditional
navigable water (i.e. Sectionl0), the Cape Fear River, within the project study area. Impacts to
jurisdictional areas should be avoided and minimized as much as practicable. Unavoidable impacts
must be coordinated with the applicable resource agency.
Potential habitat is present for Cooley's meadowrue and rough-leaved loosestrife within the project
study area. Detailed surveys should be conducted if the proposed project will impact this potential
habitat. The proposed project will have No Effect on the any of the other twelve species listed as
threatened or endangered with ranges extending into Brunswick and/or New Hanover Counties, NC.
Additionally, the project should not negatively affect the bald eagle, however PEC should monitor the
area for bald eagles until all construction activity is completed.
13
REFERENCES
[DOA) Department of the Army Environmental Laboratory. 2008. Interim Regional Supplement to
the Corps of Engineers Wetland Delineation Manual: Atlantic and Gulf Coastal Plain Region.
U.S. Army Engineer Research and Development Center, Vicksburg, MS. 150 pp.
Gilbert, C.R. 1989. Species Profiles: Life Histories and Environmental Requirements of Coastal
Fishes and Invertebrates (Mid-Atlantic Bight)--Atlantic and Shortnose Sturgeons. Fish and
Wildlife Service Biological Report 82(11.122). U.S. Department of the Army Corps of
Engineers TR EL-82-4. 28 pp.
Hamel, P.B. 1992. Land Manager's Guide to the Birds of the South. The Nature Conservancy,
Southeastern Region, Chapel Hill, NC. 437 pp.
Henry, V. G. 1989. Guidelines for Preparation of Biological Assessments and Evaluations for the
Red-Cockaded Woodpecker. U. S. Fish and Wildlife Service, Southeast Region, Atlanta,
Georgia. 13 pp.
Martof, B.S., W.M.Palmer, J.R. Bailey, and J.R. Harrison, III. 1980. Amphibians and Reptiles of the
Carolinas and Virginia. The University of North Carolina Press, Chapel Hill, NC. 264 pp.
[NCDCM] North Carolina Division of Coastal Management. 2002. CAMA Handbook for
Development in Coastal North Carolina. Internet Address: dcm2.enr.state.nc.us.
[NCDWQ] N.C. Division of Water Quality. 2010. Basinwide Information Management System
(BIMS). Stream Classification. <h2o.enr.state.nc.us/bims> accessed November 2010.
[NCNHP] N.C. Natural Heritage Program. 2010. Records Review Raleigh, NC. November 15,
2010.
[NCWFAT] N.C. Wetland Functional Assessment Team. 2009. N.C. Wetland Assessment Method
(NC WAM) User Manual Interim, Draft Version 2.0. November 2, 2009. 126 pp.
Potter, E.F., J.F. Parnell, and R.P. Teulings. 1980. Birds of the Carolinas. The University of North
Carolina Press, Chapel Hill, NC. 408 pp.
[USDA] U.S. Department of Agriculture. 1977. Soil Survey of New Hanover County, North
Carolina. United States Department of Agriculture-Soil Conservation Service. 69 pp.
[USDA] U.S. Department of Agriculture. 1986. Soil Survey of Brunswick County, North Carolina.
United States Department of Agriculture-Soil Conservation Service. 120 pp.
14
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Wilmington Quadrangle, 1993; Project and was not reared for, and is not suitable for le al or en Ineerin
corridor approximated by ESI. p p 9 9 g purposes.
ENVIRONMENTAL Project Location Project: ER06039.78
SERVICES, INC. Date: Nov 2010
524 S. New Hope Road Barnard Creek Pumping Station &
Ra)2 N1171760 Carolina 27610 Town Creek Switching Station Drwn/Chkd: KT/JH
(9199121 12.
ry [phone] FAX Brunswick and New Hanover Counties, North Carolina
onmanralservrces nc. com Figure: 1
P:1Geo ,ra F'rojerts+ER06039.79, iq location.dyn, 11 16110, 11:45 M

ENVIRONMENTAL, oject: ER06039.78
Approximate Jurisdictional Areas
SERVICES, INC.
524 S New Hope Road
Raleigh, No Ih CW.N,, 27610 Barnard Creek Pumping Station te: Nov 2010

& Town Creek Switching Station
F
(979)211"0 DDrwn/Chkd:
KT/JH
e9-+7o7FAX Brunswick and New Hanover Counties, North Carolina
wwwrrrv,oee;nccon) ure: 2b
ee a ro ects 1 ig_7u,is. gn. ilffMO. 11:00 AM
U.S. ARMY CORPS OF ENGINEERS
WMMINGTON DISTRICT
Action Id. SAW-2410-00071 County: Brnnswiek/New Hanover U.S.G.S..Quad: Wilmingtan
NOTIFICATION OF RMSDICTIONAL DETERMINATION
Property Owner: Eumnswe -y Cacwhas.141.-
M Bernard Nltioore. Jr,
Address: 100 Mlroad Ave.
Hartsville. South Carolina 295%
Telephone No.: {$,4
Property description:
Size (acres) _
Nearest Waterway Cane Fear River
USGS HUC 03030005
r?+Kry r ? ?,.
South'New Pe PA.
Rx- . NC 276,10
019) 212.1750
Nearest Town Wilminpto`n
River Basin Cape . ar
Coordinates N 34.14902. W -77.95105
Location description.Tbe- h sides of The Cat* Pear e B k and
New Haoover Counties. X- rth Cimgna,
Indicate Which of the Followinp,,Aol7iy:
A. Preliminary Determination
Based ou preliminary informationth=r may bo wcftxls:on the-sbove:desodW property. We.stron* suggest you have this
property inspected to determine the extent of bepm n ent of the-Army (:DA) jimisdic Lion. To:be considered final, a jurisdictional
determination must be verified by the Corps. 7his-pr,61im r ty*ftrmftmtkm is: not an appealabia action under the Regulatory
Program Administrative Appeal Process (Reference 33 CFR Part 331).
B. Approved Determination
x
x
We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our present
workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation,
you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps.
X
CWA iurisdietion on your Property which provided there is no mange in the law or our Published regulations may be
relied upon for a period not to exceed rive years.
The waters ofthe U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by
the Corps Regulatory. Official identified.below ou 2l.2$JZ0.11. Unless these is a dumge in the law or our published regulations,
this deterrninatioa may be ralied-upon for:$ period noS.to exceed_frvey_ears .the date ofthls 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.
There are waters of the U.S. in h dMg nds on Ate above ftSIM prod a ea subiect ter tie nerialt mQgJremeats of
Section 404 of the Ctex,?r Water Act (GWA)(33 Elm & 1'344) t?itless mere is n tkitgaze 3g! law or our gnblished
rezulation& determinadon may be relied upou fora erlod o to Bn Years from the date of is na ion.
X
their reguirements.
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 Ckan Water Act (33 USC § 1311). If you. haVf any questions regarding this determination
and/or the Corps regulatory program, please contact Emily Hughts at 910-251-4635.
C. Basis For Determination
Services, Inc. and a sit-k visit by Emily Hughes on 12/21/2010-
15_ Remsrkc
E. 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 as administrative appeal tinder Corps regulations at 33 Cl% part 331. Enclosed you will find a
Notification of Appeal Process (NAY) fact sheet and request for appeal (RFA) form. If yob request to appeal this determination you
must submit a completed RPA form to the following address:
District Engineer, Wilmington Regulatory Division
Attn: Emily Hughes, Project Manager,
Wilmington Regulatory Field Office
69 Darlington Ave.
Wilmington, North Carolina 28403-1398
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 33 1.5, and that it has been received by the District Office within 60 dayF of the date of the NAP. Should you
decide to submit an R.FA form, it must be received at the above address by 4/28/2011-
**It is not necessary to submit an RFA form to the District Office if you do not object to tlje determination in this correspondence.**
Corps Regulatory Official:
Dale February 28, 2011 ExpUmbon Date F , m m 28, 2414
:L4
Action Id. SAW-2010-00471.
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 httn !/resulatox ?r usace?t+ey.c4xn/ to complete the survey
online.
Copy furnished:
Applicant: ?ro n Rn 'Car asi Ian 1 Daft 21 MI f
Attached is: See Section below
A
INITIAL PROFFERED PERWT (Standard Per t or.Lfter,of permission) A
PROFFERED PERMIT (Standard Permit or Letter, of permission) B
PERMIT DENIAL C
X APPROVFD JURISDICTIONAL DETTRNMATION D
PRELIM NARY JURISDI'MIUVAL DETMUV 4ATI0N _
A:
may accept or object to
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 detenainations 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 II 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 rece'npt of yoi r letter, the district engineer will evaluate your objections and may: (a)
modify the permit to address all of your concerns, (b) modify the?perm'mt.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:
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'proffeted nit (Standmd *rZOl?-)'because of A Le v oaditions therein, yon
may appeal the declined permit under the Corps of Engineers Admnistrative Appeal Process by comiplod ng. n H of this
form and sending the foam to the division engineer. This foram must be received by the division engineer within 60 days of the
date of this notice.
C ; PERMIT DENIAL; You may appeal time der4al of a permit trader the Corps of Engineers Administrative Appeal Process
by completing Section 11 of this form and sending the form to the 'division engineer. Thirfor in must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURTSDICTkONAL DE TCERMNAT ON: You may a t or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to nosy the Corps to accept an approved JD. Failure notify the Corps within 60 days of the
dame 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 u I
lnder the Corps of Engineers Administrative
Appeal Process by completing Section If of this form and sending the form to the di? sion engineer. This form must be received
by the division engineer within 60 days of the date ofthis notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do n ot need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If yo u wish, you may request an
approved JD (which may be appealed), by contacting the Corps district fo r further instruction. Also you may
provide new information for fu lha consideration by the Corps to reevalu ate the JD.
REASONS FOR APPEAL OR OBJECTIW, 9: (Dewibe your.zeasoms for app ? the decision. or your objections to an
initial proffered permit in clear concise statements. You may attach. additional informatio n to this fordo to clarify where your reasons
or objections are addressed in the aelmanistrativt record.)
I
I
i
ADDITIONAL INFORMATION: The appeal is limitml to a review of the administrative } acorn, the Corps memorandum for the
record of the appeal conference or meeting, and aay supplemental information that the r l 'ew officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new info on or analyses to the record. However,
you may.provide additional information to clarify the location of information that is y in the administrative record.
If you have questions reWd this decision and/or the appeal If you only bare q regaarfmg the meal process you may
process you may contact: also contact:
Ms. Emily Hughes Mr. Jason. Steele
Regulatory Specialist Administrative Appea Is Review Officer
69 Darlington Avenue 60 Forsyth Street,. S (Room 9M10)
Wilmington, NC 28403-1343 Atlanta, GA 30303-88 01
910-251-4635 404-562-5137
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 pro cess. You will be provided a I S day
notice of any site investigation, and will have the opportunity to participate in all site inves tigations.
Date: Telephone number:
Signature of appellant or agent,