20110615 Ver 2_COE Public Notice_20110902

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Dennison, Laurie
From: Spruill, Amy W SAW [[e-mail]]
Sent: Friday, September 02, 2011 1:17 PM
Subject: US Army Corps of Engineers Public Notice
The Wilmington District, Corps of Engineers (Corps) has received an application from Atlantic
Wind, LLC Attention: David Shadle seeking Department of the Army authorization to temporarily
impact 249.21 acres of forested wetlands and 45.67 acres of jurisdictional tributaries; and
permanently impact 29.23 acres of forested wetlands and 1.37 acres of jurisdictional
tributaries associated with construction of an 150 turbine wind energy generation facility on
a 2,513 acre portion of a 24,242 acre project area located 7.5 miles west of Elizabeth City
and 2.5 miles north of the Town of Windfall in Perquimans and Pasquotank Counties, North
Carolina. The proposed project would impact waters and wetlands adjacent and tributary to
the Perquimans River, Little River and Pasquotank River. Specific plans and location
information are described below and shown on the attached plans. This Public Notice and all
attached plans are also available on the Wilmington District Web Site at
www.saw.usace.army.mil/wetlands The proposed project is located on a 2,513 acre portion of a
24,242 acre project area 7.5 miles west of Elizabeth City and 2.5 miles north of the Town of
Windfall in Perquimans and Pasquotank Counties, North Carolina. The proposed project would
impact waters and wetlands adjacent and tributary to the Perquimans River, Little River and
Pasquotank River. The project area is located between Highway 158 to the north, Highway 17
to the east and south and County Road 1002 to the west. (36.332109N, -76.399717W)
Action ID: SAW-2010-00903
Issue Date: September 2, 2011
Comment Deadline: October 2, 2011
Applicant:
Atlantic Wind, LLC c/o Iberdrola Renewables, Inc.
Attentiion: Mr. David Shadle
201 King of Prussia Road Suite 500
Radnor, Pennsylvania 19087
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US Army Corps PUBLIC NOTICE
Of Engineers
Wilmington District
Issue Date: September 2, 2011
Comment Deadline: October 2, 2011
Corps Action ID #: SAW-2010-00903
The Wilmington District, Corps of Engineers (Corps) has received an application from
Atlantic Wind, LLC Attention: David Shadle seeking Department of the Army
authorization to temporarily impact 249.21 acres of forested wetlands and 45.67 acres of
jurisdictional tributaries; and permanently impact 29.23 acres of forested wetlands and
1.37 acres of jurisdictional tributaries associated with construction of an 150 turbine wind
energy generation facility on a 2,513 acre portion of a 24,242 acre project area located
7.5 miles west of Elizabeth City and 2.5 miles north of the Town of Windfall in
Perqunmans and Pasquotank Counties, North Carolina. The proposed project would
impact waters and wetlands adjacent and tributary to the Perquimans River, Little River
and Pasquotank River
Specific plans and location information are described below and shown on the attached
plans. This Public Notice and all attached plans are also available on the Wilmington
District Web Site at www.saw.usace.anny.mil/wetlands
Applicant: Atlantic Wind, LLC c/o Iberdrola Renewables, Inc.
Attention: Mr. David Shadle
201 King of Prussia Road Suite 500
Radnor, Pennsylvania 19087
AGENT (if applicable): Atlantic Wind, LLC c/o Iberdrola Renewables, Inc.
Attention: Mr. Michael Clayton
201 King of Prussia Road Suite 500
Radnor, Pennsylvania 19087
Authority
The Corps will evaluate this application and a decide whether to issue, conditionally
issue, or deny the proposed work pursuant to applicable procedures pursuant to Section
404 of the Clean Water Act (33 U.S.C. 1344).
Location
The proposed project is located on a 2,513 acre portion of a 24,242 acre project area 7.5
miles west of Elizabeth City and 2.5 miles north of the Town of Windfall in Perquimans
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and Pasquotank Counties, North Carolina. The proposed project would impact waters
and wetlands adjacent and tributary to the Perquimans River, Little River and Pasquotank
River. The project area is located between Highway 158 to the north,
Highway 17 to the east and south and County Road 1002 to the west. (36.332109N, -
76.399717W)
Existing Site Conditions
The proposed project is located in the lower reaches of the Great Dismal Swamp in an
area that has been altered for agricultural silvicultural production. Currently, 71 per cent
of the project area is under active agriculture and 25 per cent is managed pine plantation.
The farm fields and pine plantation areas are extensively ditched and the soils are
routinely manipulated. Soils are very poorly drained mucky mineral or muck soils with
high organic content. Vegetation consists of soybeans, wheat and corn in the fields and
monotypic pines in the plantation areas. The canopy in the pine plantation is dominated
by loblolly pine (Pines taeda).Understory species in the plantation areas include loblolly
bay (Gordonia lasianthus), sweetbay (Magnolia virginiana), sweet pepperbush (Clethra
alnifolia), redbay (Persea borbonia), and wax myrtle (Morrella cerifera). Herbaceous
species and woody vines included braken fern (Pteridium aquilinum), giant cane
(Arundinaria gigantea), bushy bluestem (Andropogon glomeratus), goldenrod (Solidago
altissima), woolgrass (Scirpus cyperinus), common rush (Juncus effusus), cinnamon fern
(Osmunda cinnamomea), Japanese honeysuckle (Lonicera japonica), and roundleaf
greenbriar (Smilax rotundifolia). Canopy species in the non-managed wooded areas
include red maple (Acer rubrum), redbay, sweetbay sassafras (Sassafras albidum),
sweetgum (Liquidambar styraciua), pond pine (Pines serotina), and loblolly pine.
There is an extensive network of farm and forestry roads throughout the project area and
several farm buildings within the area, but none are located within the footprint of the
proposed project.
Applicant's Stated Purpose
The applicant's stated purpose is to construct a wind energy generation facility in North
Carolina.
Project Description
The applicant proposes to place fill in jurisdictional waters and wetlands in order to
construct a 150 turbine wind energy generation facility. Construction in the project area
includes temporary crane access paths, permanent and temporary access roads to each
turbine, underground and overhead electrical lines, substation facilities, switching station,
maintenance facility, temporary batch plant, meterological tower and temporary lay down
and contractor staging area. Construction of the proposed project will result in
temporarily impact 249.21 acres of forested wetlands and 45.67 acres of jurisdictional
tributaries; and permanently impact 29.23 acres of forested wetlands and 1.37 acres of
jurisdictional tributaries. The applicant proposes to purchase mitigation credits from the
Great Dismal Swamp Mitigation Bank.
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Other Required Authorizations
This notice and all applicable application materials are being forwarded to the appropriate
State agencies for review. The Corps will generally not make a final permit decision until
the North Carolina Division of Water Quality (NCDWQ) issues, denies, or waives State
certification required by Section 401 of the Clean Water Act (PL 92-500). The receipt of
the application combined with the appropriate application fee at the North Carolina
Division of Water Quality central office in Raleigh will constitute initial receipt of an
application for a 401 Water Quality Certification. A waiver will be deemed to occur if
the NCDWQ fails to act on this request for certification within sixty days of the date of
the receipt of this notice in the NCDWQ Central Office. Additional
information regarding the Clean Water Act certification may be reviewed at the NCDWQ
Central Office, 401 Oversight and Express Permits Unit, 1650 Mail Service Center,
Raleigh, North Carolina 27699-1650. All persons desiring to make comments regarding
the application for certification under Section 401 of the Clean Water Act should do so in
writing delivered to the North Carolina Division of Water Quality (NCDWQ), 1650 Mail
Service Center, Raleigh, North Carolina 27699-1650 Attention: Mr. Ian McMillan by
October 2, 2011.
The applicant has not provided to the Corps, a certification statement that his/her
proposed activity complies with and will be conducted in a manner that is consistent with
the approved North Carolina Coastal Zone Management Program. Pursuant to 33 CFR
325.2(b)(2), the Corps can not issue a permit for the proposed work until the applicant
submits such a certification to the Corps and the North Carolina Division of Coastal
Management (NCDCM), and the NCDCM notifies the Corps that it concurs with the
applicant's consistency certification.
Essential Fish Habitat
This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the
Magnuson-Stevens Fishery Conservation and Management Act. The Corps' initial
determination is that the proposed project will not adversely impact EFH or associated
fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils
or the National Marine Fisheries Service.
Cultural Resources
The Corps has consulted the latest published version of the National Register of Historic
Places and is not aware that any registered properties, or properties listed as being
eligible for inclusion therein are located within the project area or will be affected by the
proposed work. Presently, unknown archeological, scientific, prehistoric, or historical
data may be located within the project area and/or could be affected by the proposed
work.
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Endangered Species
The Corps has reviewed the project area, examined all information provided by the
applicant and consulted the latest North Carolina Natural Heritage Database. Based on
available information, the Corps is not aware of the presence of species listed as
threatened or endangered or their critical habitat formally designated pursuant to the
Endangered Species Act of 1973 (ESA) within the project area. A final determination on
the effects of the proposed project will be made upon additional review of the project and
completion of any necessary biological assessment and/or consultation with the U.S. Fish
and Wildlife Service and/or National Marine Fisheries Service."
Evaluation
The decision whether to issue a permit will be based on an evaluation of the probable
impacts, including cumulative impacts, of the proposed activity on the public interest.
That decision will reflect the national concern for both protection and utilization of
important resources. The benefit which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. All factors
which may be relevant to the proposal will be considered including the cumulative effects
thereof; among those are conservation, economics, aesthetics, general environmental
concerns, wetlands, historic properties, fish and wildlife values, flood hazards, flood plain
values (in accordance with Executive Order 11988), land use, navigation, shoreline
erosion and accretion, recreation, water supply and conservation, water quality, energy
needs, safety, food and fiber production, mineral needs, considerations of property
ownership, and, in general, the needs and welfare of the people. For activities involving
the discharge of dredged or fill materials in waters of the United States, the evaluation of
the impact of the activity on the public interest will include application of the
Environmental Protection Agency's 404(b)(1) guidelines.
Commenting Information
The Corps of Engineers is soliciting comments from the public; Federal, State and local
agencies and officials, including any consolidate State Viewpoint or written position of
the Governor; Indian Tribes and other interested parties in order to consider and evaluate
the impacts of this proposed activity. Any comments received will be considered by the
Corps of Engineers to determine whether to issue, modify, condition or deny a permit for
this proposal. To make this decision, comments are used to assess impacts on endangered
species, historic properties, water quality, general environmental effects and the other
public interest factors listed above. Comments are used in the preparation of an
Environmental Assessment (EA) and/or an Environmental Impact Statement (EIS)
pursuant to the National Environmental Policy Act (NEPA). Comments are also used to
determine the need for a public hearing and to determine the overall public interest of the
proposed activity.
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Any person may request, in writing, within the comment period specified in this notice,
that a public hearing be held to consider the application. Requests for public hearings
shall state, with particularity, the reasons for holding a public hearing. Requests for a
public hearing shall be granted, unless the District Engineer determines that the issues
raised are insubstantial or there is otherwise no valid interest to be served by a hearing.
Written comments pertinent to the proposed work, as outlined above, will be received
by the Corps of Engineers, Wilmington District, until 5pm, October 1, 2011. Comments
should be submitted to Tracey Wheeler, Post Office Box 1000, Washington, North
Carolina, 27889 [phone].
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