20110615 Ver 2_More Info Received_20110909

IBERDROLA
Ad(D:)
I%- oLP?S
September 2, 2011
Dear Mr. Rynas,
N. C. Division of Coastal Management
Attn: Mr. Stephen Rynas
400 Commerce Avenue
Morehead City, NC 28557-3421
Atlantic Wind, LLC (Atlantic Wind), a subsidiary of Iberdrola Renewables, Inc., is proposing
the development of the Desert Wind Power project in Perquimans and Pasquotank Counties
in eastern North Carolina, approximately 7.5 miles west of Elizabeth City and approximately
2.5 miles north of the Town of Winfall. The project will consist of 150 modern wind turbines,
each with a projected capacity of 2.0 MW, for a total installed capacity of 300 MW.
Atlantic Wind submitted an application for a U.S. Army Corps of Engineers' Individual Permit
on August 23, 2011 to fill jurisdictional wetlands and waters in conjunction with the proposed
development. Impacts to jurisdictional wetlands and waters will be avoided and minimized to
the extent practical. However, the preferred alternative will result in 45.67 acres of temporary
impacts to jurisdictional waters (roadside canals and agricultural/silvicultural ditches) and 1.37
acres of permanent impacts to jurisdictional waters (roadside canals and
agricultural/silvicultural ditches). The preferred alternative will also result in 227.09 acres of
temporary impact to managed jurisdictional wetlands (timber lands), 22.12 acres of temporary
impact to hardwood flat wetlands, and 27.76 acres of permanent impact to managed
jurisdictional wetlands (timber lands) and 1.47 acres of permanent impacts to hardwood flat
wetlands.
To assist with your consistency review, a copy of the Individual permit application and permit
support document have been provided to you as part of this submittal. This information
includes detailed discussions about the project, existing site conditions, various environmental
studies conducted on the site, project alternatives, avoidance and minimization measures,
mitigation, and indirect and cumulative impacts. The Individual permit support document also
contains a project vicinity map, aerial photography of the project area, USGS topographic
map, NRCS soils map, jurisdictional features map, and site plan. Site photographs are also
included in the report.
The purpose of this letter is to request from the North Carolina Division for Coastal
Management (NCDCM) concurrence with the applicant's Consistency Certification that the
proposed activity complies with the enforceable policies of North Carolina's approved
management program and will be conducted in a manner consistent with such program.
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IBERDROLA
A field evaluation of the project area was conducted by NCDCM representative Kelly Russell
on February 7, 2011. Based upon this review, it was determined that the project area is not
located within any NCDCM regulated Areas of Environmental Concern (AECs). A letter from
NCDCM confirming their findings is included as an appendix in the enclosed consistency
determination supporting document.
In addition, a field review of the roadside canals and ditches was conducted by NCDWQ
representative Roberto Scheller on June 30, 2011 to determine features that would be
regulated by NCDWQ as modified natural channels. One feature within the project area was
determined to be a regulated stream feature. No impacts are proposed to this stream. A
letter from NCDWQ confirming their findings is included as an appendix in the enclosed
consistency determination supporting document.
This submittal presents supporting documentation in accordance with 15 CFR 930.58 to
provide the Division of Coastal Management the data necessary to assess the assertion that
the project is consistent with the Federal Coastal Zone Management Act of 1972 as amended
and the enforceable policies of North Carolina's approved Coastal Management Program.
These policies are principally found in Chapter 7 of Title 15A of the North Carolina
Administrative Code.
We appreciate your attention to this report and will provide any additional information that will
assist in your review of the project.
Yours Sincerely,
Michael Clayton
Permit Manager
cc: Ms. Tracey Wheeler, USACE Washington Regulatory Field Office
Mr. Ian McMillan, NCDWQ Central Office
Mr. Roberto Scheller, NCDWQ Washington Regional Office
v
N. C. DIVISION OF COASTAL MANAGEMENT -
FEDERAL COASTAL ZONE MANAGEMENT ACT
CONSISTENCY CER TIFI CA TION
SUPPORTING DOCUMENTATION
Desert Wind Project
Pasquotank and Perquimans Counties, North Carolina
Prepared for:
Atlantic Wind, LLC
CIO Iberdrola Renewables, Inc.
201 King of Prussia Road, Suite 500
Radnor, PA 19087

Prepared By:
Kimley-Horn and Associates, Inc.
Post Office Box 33068
Raleigh, NC 27636-3068
COF1
Kimley-Horn
and Associates, Inc.
September 2011
©Kimley-Horn and Associates, Inc. 2011
Contents
1.0 Project Background .............................................................................................................. 1
2.0 Project Description ............................................................................................................... 1
3.0 Existing Site Conditions ...................................................................................................... . 2
4.0 Proposed Impacts .................................................................................................................. 3
5.0 Areas of Environmental Concern .......................................................................................... 3
5.1 Estuarine and Ocean Systems (15A NCAC 07H .0200) ................................................4
5.1.1 Coastal Wetlands (15A NCAC 07H.0205) .......................................................4
5.1.2 Estuarine Waters (15A NCAC 07H.0206) ........................................................4
5.1.3 Public Trust Areas (15A NCAC 07H.0207) .....................................................4
5.1.4 Coastal Shorelines (15A NCAC 07H.0209) .................................................... . 5
5.2 Ocean Hazard Areas (15A NCAC 07H .0300) .............................................................. 5
5.3 Public Water Supplies (15A NCAC 07H .0400) ........................................................... 5
5.4 Natural and Cultural Resource Areas (15A NCAC 07H .0500) ..................................... 5
5.4.1 Coastal Areas that Sustain Remnant Species (15A NCAC 07H .0505) .............. 5
5.4.2 Coastal Complex Natural Areas (15A NCAC 07H .0506) ................................. 6
5.4.3 Unique Coastal Geological Formations (15A NCAC 07H .0507) .................... .. 6
5.4.4 Significant Coastal Archaeological Resources (15A NCAC 07H .0509) ......... .. 7
5.4.5 Significant Coastal Historical Architectural Resources(I5A NCAC 07H .0510) 7
5.5 Outstanding Resource Waters (15A NCAC 02B .0225) .............................................. .. 7
5.6 High Quality Waters (15A NCAC 02B .0224) ............................................................ .. 8
5.7 Conclusion ................................................................................................................. ..8
6.0 General Policy Guidelines .................................................................................................. .. 8
6.1 Conclusion ................................................................................................................. ..9
7.0 Land Use Plan Review ........................................................................................................ .. 9
7.1 Conclusion ................................................................................................................. ..9
8.0 Other State Permits ............................................................................................................. 10
8.1 State Water Quality (401) Certification ...................................................................... 10
8.2 State Stormwater Permit ............................................................................................. 10
8.3 Sedimentation and Erosion Control Permit ................................................................. 10
8.4 North Carolina Utilities Commission Certificate ........................................................ 10
8.5 Driveway Permit ........................................................................................................ 10
9.0 Project Consistency Conclusion .......................................................................................... 10
Appendices
Appendix A - NCDCM and NCDWQ project review letters
1.0 Project Background
Atlantic Wind, LLC (Atlantic Wind) is proposing the development of the Desert Wind Power
Project in Perquimans and Pasquotank Counties in eastern North Carolina, approximately 7.5
miles west of Elizabeth City and approximately 2.5 miles north of the Town of Winfall. The
proposed project area has been situated on 24,242 acres of privately-owned land within
Pasquotank and Perquimans counties in an area known locally as the "Desert". 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. (See Figure 1-Vicinity Map in the Individual permit support
document).
For the purposes of this report, the following terminology is used to define the limits of the
Desert Wind project.
Project area - Approximately 24,242 acres of privately owned land within Pasquotank and
Perquimans counties in which Atlantic Wind, LLC has secured lease option agreements for the
development of the Desert Wind project.
Project corridor (Site) - Approximately 2,513 acres of land located within the Project area where
the specific project construction will occur. The Site consists primarily of agricultural fields (-
71 %) with areas of both jurisdictional and non jurisdictional managed timberlands (-25%) and
natural forested wetlands (-4%). While various technical studies referenced throughout this
report were conducted for the larger Project area, the delineation of jurisdictional areas and the
impact quantities presented as part of the Section 404/401 permit application are specifically for
the Project corridor/Site. The Site area was established based on the layout of the turbine
locations, crane paths, access roads, transmission lines, and facilities. The corridor generally was
defined by a 200-ft radius from each turbine location, 150-ft width for crane paths, 100-11 width
for access roads, and 50-ft width for transmission lines. Permanent impacts to jurisdictional areas
within the 2,513 acre Site include 27.76 acres of managed jurisdictional timberlands and 1.47
acres of impact to hardwood flat wetlands.
2.0 Project Description
The project will consist of 150 modern wind turbines, each with a projected capacity of 2.0
MW, for a total installed capacity of 300 MW. The construction-related facilities will consist
of the following:
• 15012.0 MW Gamesa G97 wind turbine generators on 90 meter towers;
• Permanent and temporary access roads to each turbine;
• Temporary crane paths;
• Underground and overhead 34.5 kilovolt ("kV") electrical collector lines
connecting the turbines to the Collection Substation;
0 A34.5 kV to 115 kV Collection Substation facility;
• A 115 to 230 kV Transmission Voltage Step-up Substation facility (the "Step-up
Substation");
• An approximately 5.5 mile long, 115 kV overhead Sub-Transmission Line
connecting the Collection Substation to the Step-up Substation;
• A 230 kV Interconnection Switching Station facility (the "Switching Station");
• An Operations and Maintenance ("O&M") facility;
• One permanent meteorological tower;
• A temporary batch plant; and
• A temporary lay down and contractor staging area.
The Facility will be interconnected with VEPCO's 230 kV Winfall to Suffolk line, which
intersects the southwest portion of the Project Area in Perquimans County. Based upon current
assessments, the 300 MW project is predicted to have a net production between 750,000 and
950,000 megawatt hours (MWhs) of electricity per year. The output from the Facility is
estimated to power between 55,000 to 70,000 homes in North Carolina per year.
In order to transmit the output of the Project to the location where it will be connected to the
regional transmission system, Atlantic Wind will construct an overhead, 115 kV Sub-
Transmission Line. The Transmission Voltage Step-up Substation will consist of a main
transformer, circuit breakers, switching devices, auxiliary equipment, and a control enclosure
containing equipment for the proper control, protection, monitoring, and communications. The
principal function of the step-up substation is to increase the voltage from the sub-transmission
line to that of the transmission line, by which the Project will interconnect with the regional
transmission system.
There will also be a VEPCO-owned and operated Interconnection Switching Station. The
Switching Station will serve as the electrical interconnection between the Project and the
regional transmission system. The Switching Station will consist of 230kV circuit breakers,
disconnect switches, bus conductors, auxiliary equipment, and a control enclosure containing
equipment for the proper control, protection, monitoring, and communications.
The proposed site layout is shown in Figure 8 in the Individual permit support document.
3.0 Existing Site Conditions
The proposed 2,513 acre Site is located within the 24,242 acre project area and is situated in
an area that historically was the lower portion of the Great Dismal Swamp. However, most of
the area has since been converted to active agricultural crop land and silvicultural uses through
decades of land clearing, extensive drainage and intensive land management. The Site is
currently managed for agriculture (wheat, corn, and soybean) and silviculture. The Site
2
contains extensive lateral ditches within the fields and forested areas, as well as larger collector
and roadside ditches. The lateral and collector/roadside ditches ultimately discharge into the
Perquimans, Pasquotank, and Little Rivers, and are therefore hydrologically connected to
navigable "waters of the U.S." and are considered jurisdictional waters under the Clean Water
Act. Forested portions of the site, either under timber management or in more of a natural
forested state, were determined by the USACE to be predominantly wetland as part of a
preliminary determination performed for the project area. Although drainage ditches are
present in most of these areas altering hydrology, portions of these areas still posses sufficient
hydrology to meet wetland hydrology criteria and are therefore considered jurisdictional. A
more detailed discussion of the existing site conditions and jurisdictional features is included in
the Individual Permit Support Document.
4.0 Proposed Impacts
Impacts to jurisdictional wetlands and waters will be avoided and minimized to the extent
practical. However, the preferred alternative will result in 45.67 acres of temporary impacts to
jurisdictional waters (roadside canals and agricultural/silvicultural ditches) and 1.37 acres of
permanent impacts to jurisdictional waters (roadside canals and agricultural/silvicultural
ditches). The preferred alternative will also result in 227.09 acres of temporary impact to
managed jurisdictional wetlands (timber lands), 22.12 acres of temporary impact to hardwood
flat wetlands, and 27.76 acres of permanent impact to managed jurisdictional wetlands (timber
lands) and 1.47 acres of permanent impacts to hardwood flat wetlands. The temporary impacts
associated with the project in the managed wetlands are similar in nature to the current timber
clearing practices that are incurred in these areas as part of the forestry management plans. A
more detailed discussion of the proposed project impacts is included in the Individual Permit
Support Document.
5.0 Areas of Environmental Concern
The project is located within Perquimans and Pasquotank counties, both of which are under the
jurisdiction of the Coastal Area Management Act (LAMA). In order to assess whether the
project required a CAMA Major Development Permit, it was necessary to determine if the
project impacted Areas of Environmental Concern (AECs) as defined in the North Carolina
Administrative Code 15A NCAC 07H.
Based upon a field evaluation of the Site by N.C. Division of Coastal Management, (letter
dated February 10, 2011 by Kelly Russell, NCDCM) it was determined that the project Site is
not located within any NCDCM regulated AECs. A letter from NCDCM confirming their
findings is included as Appendix A.
The following information documents that the proposed project will be consistent with the
State's coastal management program and that the consistency process is the appropriate form
of DCM review of this project.
5.1 Estuarine and Ocean Systems (15A NCAC 07H.0200)
This category of AECs includes those areas that are either geographically within
an estuary or, because of its location and nature, may significantly affect the
estuarine and ocean system. AECs included in estuarine and ocean system
include: coastal wetlands, estuarine waters, public trust areas, and coastal
shorelines.
5.1.1 Coastal Wetlands (15A NCAC 07H.0205)
Coastal wetlands are defined as any salt marsh or other marsh subject to
regular or occasional flooding by tides, including wind tides. Coastal
wetlands include some if not all of the 10 identified marsh plant species.
Kimley-Horn and Associates, Inc. delineated the wetlands at the site U.S.
Army Corps of Engineers Wetland Delineation Manual, Atlantic and Gulf
Coast Regional Supplement (Version 2.0, December 27, 2010). Field
verification meetings with the USACE staff (Tracey Wheeler and Kyle
Barnes) were conducted on April 26, May 25 and June 7, 2011. A
Preliminary Jurisdictional Determination request of these jurisdictional
features has been submitted to the USACE in conjunction with the Section
404 permit application package. Based upon the NC Wetland Assessment
Methodology (NCWAM), the on-site wetlands are classified as pine flats
and hardwood flats and are not flooded by ties and do not contained the
coastal wetland marsh species. A detailed discussion of the delineated
wetland features is included in the in the Individual Permit Support
Document. Therefore, this project will not impact coastal wetland areas of
environmental concern.
5.1.2 Estuarine Waters (15A NCAC 07H.0206)
Estuarine waters include all of the waters of the Atlantic Ocean within the
boundary of North Carolina and all of the waters of the bays, sounds,
rivers, and tributaries thereto seaward of the dividing line between coastal
fishing waters and inland fishing waters. No estuarine waters are located
in the proposed project area; therefore, this project will not result in
impacts to estuarine waters.
5.1.3 Public Trust Areas (15A NCAC 07H.0207)
Public trust areas are all waters of the Atlantic Ocean and lands thereunder
from the mean high water mark to the seaward limit of the State
jurisdiction, including all natural bodies of water subject to measurable
lunar tides and lands thereunder to the mean high water mark. These
public trust areas include all navigable water bodies and lands thereunder
to the mean high water level or mean water level as the case may be. The
proposed project will not directly impact waters of the State of North
Carolina and therefore not impact public trust areas.
4
5.1.4 Coastal Shorelines (15A NCAC 07H.0209)
Coastal shorelines include estuarine shorelines and public trust shorelines.
Estuarine shoreline areas of environmental concern are those non-ocean
shorelines extending from the normal high water level or normal water
level along the estuarine waters, estuary sounds, bays, fresh and brackish
waters, and public trust areas for a distance 75 feet landward. No estuarine
or public trust shorelines are located within the project area; therefore, the
proposed project is outside of the estuarine shoreline area of
environmental concern.
5.2 Ocean Hazard Areas (15A NCAC 07H.0300)
This category is composed of AECs that are considered natural hazard areas along
the Atlantic Ocean shoreline, where, because of their special vulnerability to
erosion or other adverse effects of sand, wind, and water, uncontrolled or
incompatible development could unreasonably endanger life or property. Ocean
hazard areas include beaches, frontal dunes, inlet lands, and other areas in which
geologic, vegetation and soil conditions indicate a substantial possibility of
excessive erosion or flood damage. The project is not located along the Atlantic
Ocean shoreline and contains no ocean hazard areas. Therefore, the proposed
project is outside of the ocean hazard area of environmental concern.
5.3 Public Water Supplies (15A NCAC 07H.0400)
This category of AECs includes valuable small surface water supply watersheds
and public water supply fields. The project Site is located in the Pasquotank
River Basin, North Carolina Division of Water Quality (NCDWQ) sub-basins 03-
01-50 and 03-01-52, and U.S. Geological Survey (USGS) Hydrologic Unit Code
(HUC) 03010205. The Perquimans River is the nearest stream reach to be
classified by NCDWQ (Classification: "C, Sw") and the same classification
applies to tributaries and modified natural channel that connect to this segment.
The project is not located within a small surface water supply watershed or public
water supply field. Therefore, the proposed project will not impact public water
supplies.
5.4 Natural and Cultural Resource Areas (15A NCAC 07H.0500)
This category of AECs includes fragile coastal natural and cultural
resource areas and is defined as areas containing environmental, natural or
cultural resources of more than local significance in which uncontrolled or
incompatible development could result in major or irreversible damage to natural
systems or cultural resources, scientific, education, or associative values, or
aesthetic qualities.
5.4.1 Coastal Areas that Sustain Remnant Species (15A NCAC 07H.0505)
Coastal areas that sustain remnant species are those areas that support
native plants or animals determined to be rare or endangered (synonymous
with threatened and endangered), within the coastal area. Such places
provide habitats necessary for the survival of existing populations or
communities of rare or endangered species with the coastal area.
There are no Threatened or Endangered species listed for Perquimans
County by the USFWS (database update September 22, 2010). The only
federally-listed endangered species for Pasquotank County by the USFWS
is the shortnose sturgeon (Acipenser brevirostrum). Habitat for the
shortnose sturgeon is not present within the project corridor (Site) and
therefore the proposed project would have "No Effect" on this species.
Atlantic Wind has coordinated with the USFWS and North Carolina
Wildlife Resource Commission (NCWRC) with regards to avian and bat
surveys for the Desert Wind Project. A detailed discussion of the avian
and bat survey methodology is included in the in the Individual Permit
Support Document. No endangered, threatened, or special concern species
were documented during spring and fall migration bird surveys conducted
for the project. The state-listed threatened Bald Eagle (a single sub-adult)
was documented as a transient during the fall migration survey conducted
on November 2, 2010. Although no longer protected under the federal
Endangered Species Act, the Bald Eagle is federally protected under the
Bald and Golden Eagle Protection Act. Bald Eagles may occasionally
occur within the Project Area during spring and fall migration, and as
transient individuals throughout the winter. Based on the primarily
agricultural nature of the Project Area, it is unlikely that any other state or
federally-listed threatened and endangered species would occur on a
regular basis within the project area. Therefore, the proposed project will
not impact coastal areas that sustain remnant species.
5.4.2 Coastal Complex Natural Areas (15A NCAC 07H.0506)
Coastal complex natural areas are defined as lands that support native
plant and animal communities and provide habitat qualities which have
remained essentially unchanged by human activity. Such areas may be
either significant components of coastal systems or especially notable
habitat areas of scientific, educational, or aesthetic value. The proposed
project is located in an area that historically was the lower portion of the
Great Dismal Swamp. However, most of the area has since been
converted to active agricultural crop land and silvicultural uses through
decades of land clearing, extensive drainage and intensive land
management. The project site is currently managed for agriculture (wheat,
corn, and soybean) and silviculture. No coastal complex natural areas
occur within the project area; therefore, the proposed project will not
impact coastal areas that sustain remnant species.
5.4.3 Unique Coastal Geological Formations (15A NCAC 07H.0507)
Unique coastal geological formations are defined as sites that contain
geologic formations that are unique or otherwise significant components
6
of coastal systems, or that are especially notable examples of geological
formations or processes in the coastal area. No unique coastal geological
formations occur within the project area; therefore, the proposed project
will not impact these areas of environmental concern.
5.4.4 Significant Coastal Archaeological Resources (15A NCAC 07H .0509)
Significant coastal archaeological resources are defined in areas that
contain archaeological remains (objects, features, and/or sites) that have
more than local significance to history or prehistory. A Cultural Resource
Assessment, Phase I Cultural Resource Survey, and Phase I Archeological
Survey, in accordance with a NC Department of Cultural Resources
approved work plan have been conducted for the proposed project area. A
detailed discussion of these assessments and surveys is included in the in
the Individual Permit Support Document. No significant coastal
archaeological resources currently listed in the National Register of
Historic Places or Eligible for the National Register will be impacted by
the project.
5.4.5 Significant Coastal Historical Architectural Resources (15A NCAC
07H .0510)
Significant coastal historic architectural resources are defined as districts,
structures, buildings, sites or objects that have more than local significance
to history or architecture. R. Christopher Goodwin and Associates, Inc.
(RCGA) staff examined the site records at the North Carolina Department
of Cultural Resources (NCDCR) for architectural resources that have been
recorded in and within 1.5 miles of the proposed project area. Research
included a review of the architectural quadrangle maps, survey reports,
and architectural forms. Fifty-four previously recorded architectural
resources were identified within the area. Of the fifty-four properties,
none are currently listed in the National Register of Historic Places or
Eligible for the National Register.
RCGA initiated an Architectural Survey for the Site in late June 2011.
This survey was conducted in accordance with the NCDCR approved
work plan. A detailed discussion of these assessments and surveys is
included in the in the Individual Permit Support Document. No significant
coastal historical architectural resources currently listed in the National
Register of Historic Places or Eligible for the National Register will be
impacted by the project.
5.5 Outstanding Resource Waters (15A NCAC 02B.0225)
Outstanding Resource Waters (ORW) is a supplemental surface water
classification intended to protect unique and special waters having excellent water
quality and being of exceptional state or national recreational or ecological
7
significance. There are no ORWs within or adjacent to the proposed project site;
therefore, the proposed project will not impact ORWs.
5.6 High Quality Waters (15A NCAC 02B.0224)
High Quality Waters (HQW) is a supplemental surface water classification
intended to protect waters with quality higher than state water quality standards.
No HQWs within or adjacent to the proposed project site; therefore, the proposed
project will not impact HQWs.
5.7 Conclusion
The proposed project is outside of any area of environmental concern. As defined
in NC General Statute 113A-103(5)a, the project does not require authorization
pursuant to the Coastal Area Management Act in that it will not occur in a duly
designated area of environmental concern. The proposed project will not impact
state designated ORWs or HQWs.
6.0 General Policy Guidelines
Atlantic Wind, LLC has reviewed 15A NCAC 07M General Policy Guidelines for the coastal
area and has determined that the proposed project is consistent with those guidelines. Certain
sections of the Guidelines, specifically, Sections .0200 Shoreline Erosion Policies, .0300
Shoreline Access Policies, .0500 Post-Disaster Policies, .0600 Floating Structures Policies,
.1000 Policies on Water and Wetland Based Target Areas for Military Training Activities,
.1100 Policies on Beneficial Use and Availability of Materials Resulting from the Excavation
or Maintenance of Navigational Channels, and .1200 Policies on Ocean Mining are not
applicable to the proposed development activity.
The project is consistent Section 7M.0400 Coastal Energy Policies. The proposed wind energy
project does not involve off-shore exploration of resources and is sited inland of the shoreline
area with no impacts to any area of environmental concern (AEC), barrier islands, or public
trust waters or adjacent lands. The proposed project has been located and placed in a manner
that allows for protection of the coastal environment and local and regional socio-economic
goals as set forth in the local land-use plans and state guidelines in 15A NCAC 07H and 07M.
A discussion of the environmental, economic and social consequences, including the
cumulative and secondary impacts of the proposed project is included in the in the Individual
Permit Support Document.
Section 7M.0700 Mitigation Policies are addressed by the mitigation proposal presented to the
U.S. Army Corps of Engineers by purchasing non-riparian wetland mitigation credits from the
Great Dismal Swamp Restoration Bank - Timberlake Farm Site located within the Pasquotank
River Basin (HUC 03010205) to compensate for the impacts associated with fill in Section 404
wetlands. Therefore, the mitigation policies in .07M are consistent with the proposed plan for
development.
Section 7M.0800 Coastal Water Quality Policies have been addressed. Atlantic Wind, LLC
met with NCDWQ staff from the 401 Certification and the Stormwater units on June 13, 2011
to discuss stormwater management design considerations for the project. The Desert Wind
project is a Low Density Development since the total developed impervious area is minimal
(9%) compared to the project's limits of disturbance. A detailed discussion of the proposed
stormwater quality measures for the proposed project is included in the in the Individual Permit
Support Document. Atlantic Wind, LLC will obtain a State Stormwater Permit prior to the
initiation of construction of the proposed project.
The project is consistent with Section 7M.0900 Policies and Use of coastal Air Space. Atlantic
Wind, LLC has been in coordination with the Department of Defense (DOD) to ensure the
proposed project is compatible with naval air space requirements. Studies conducted by the
DOD indicated that the proposed project would not interfere with the Navy's operations.
6.1 Conclusion
Based on the review of the General Policy Guidelines for Coastal Areas, we assert
that the proposed project is consistent with T15A NCAC Subchapter 07M.
7.0 Land Use Plan Review
The project area includes approximately 24,242 acres of land located in two counties,
Pasquotank and Perquimans, in northeastern North Carolina. None of the project is within an
incorporated municipality. Both Counties have Zoning Ordinances that indicate a Conditional
Use Permit would be required for development of a wind farm.
Perquimans County
Atlantic Wind LLC filed a conditional use permit application (CUP) with the Perquimans
County Planning Department on April 25, 2011. The Properties subject to the CUP
Application (the "Properties") are zoned RA-Rural Agriculture ("RA"). Large Wind Energy
Facilities are among the uses permitted on the Properties pursuant to the applicable provisions
of the Zoning Ordinance. The CUP was issued by Perquimans County on July 6, 2011.
Pasquotank County
Atlantic Wind LLC filed a conditional use permit application (CUP) with the Pasquotank
County Planning Department on April 25, 2011. The Properties subject to the CUP
Application (the "Properties") are zoned A-2-Agricultural ("A-2"). Large Wind Energy
Facilities are among the uses permitted on the Properties pursuant to the applicable provisions
of the Zoning Ordinance. The CUP was issued by Pasquotank County on June 13, 2011.
7.1 Conclusion
It is our determination that the proposed project is consistent with the Perquimans
and Pasquotank County Land Use Plans.
9
8.0 Other State Permits
Atlantic Wind, LLC will obtain all permits and approvals required by the state prior to the
construction and operation of the Facility.
8.1 State Water Quality (401) Certification
The NCDWQ 401 certification application is submitted concurrent to this 404
permit application. DWQ will also review the proposed plans for compliance
with state stormwater requirements.
8.2 State Stormwater Permit
The NCDWQ state stormwater application is submitted concurrent to this 404
permit application. It is anticipated that the application will be submitted through
the State Stormwater express review program.
8.3 Sedimentation and Erosion Control Permit
As part of the 401 General Certification requirements, a Sediment and Erosion
Control Plan will be required from the Division of Land Resources (DLR), which
includes a NPDES General Stormwater Permit. Atlantic Wind will coordinate
with the DLR regarding approval of a Sediment and Erosion Control Plan and
NPDES General Stormwater Permit.
8.4 North Carolina Utilities Commission Certificate
Atlantic Wind, LLC filed an application with the N.C. Utilities Commission on
January 27, 2011 for a Certificate of Public Convenience and Necessity for the
construction of a merchant plant and registration as a new renewable energy
facility. This certificate was awarded to Atlantic Wind on May 3, 2011.
8.5 Driveway Permit
The North Carolina Department of Transportation (NCDOT) will require a
Driveway Permit for any new roads that connect to an existing NCDOT right of
way (ROW). A driveway permit will typically also be required if the use of an
existing private road (driveway) that has a change in use (example from private to
commercial) or has planned improvements.
9.0 Project Consistency Conclusion
These supporting documents, in accordance with 15 CFR 930.58 put forth the data necessary to
assess our assertion of the project is consistent with the Federal Coastal Zone Management Act
of 1972, as amended and the enforceable policies of the North Carolina approved Coastal
Management Program. We request that the North Carolina Division of Coastal Management
concur with our Consistency Certification that the proposed activity complies with the
enforceable policies of the North Carolina Approved Management Program and will be
conducted in a manner consistent with such Program
10
APPENDIX A
NCDCM AND NCDWQ PROJECT REVIEW LETTERS
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Beverly Eaves Perdue
Governor
James H. Gregson
Director
Dee Freeman
Secretary
February 10, 2011
Chad Evenhouse, PWS
Kimley-Horn and Associates, Inc.
PO Box 33068
Raleigh, NC 27636-3068
Dear Mr. Evenhouse:
This letter is in reference to your inquiry concerning the Division of Coastal Management's
jurisdiction in the desert wind project area in Pasquotank and Perquimans counties for
Iberdrola Renewables. I have reviewed the modified study area map dated 2/7/ 11 and
have found that the indicated study areas are not within an area of environmental concern
for the Division of Coastal Management. If there are any additional changes to the project
area please contact me for further review.
Sincerely,
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Kelly ssell
Field Representative
Division of Coastal Management
1367 US 17 South, Elizabeth City, NC 27909
Phone: 252-264,39011 FAX: [phone]; Internet: www,nccoastaimanagement.net
An Equal Opportunity 1 Affirmative Action Employer
One
N Carolina
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W6VER
ANorth Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Atlantic Wind, LLC
Mr. Michael Clayton
201 King of Prussia Road, Suite 500
Radnor, PA 19087
Division of Water Quality
Coleen H. Sullins
Director
July 8, 2011
Dee Freeman
Secretary
DWQ EXP# 11-0615
Perquimans/Pasquotank Counties
Subject Property: Desert Wind Project
Little River and Pasquotank River, Pasquotank River Basin
On-Site Stream Determination - EXPRESS REVIEW PROGRAM
Dear Mr. Clayton:
On June 29, 2011, at your request, I conducted an on-site determination to review a drainage feature located on the subject
sites to determine if drainage features would be considered streams using the NC Division of Water Quality Stream
Identification Method. Seventeen features were reviewed and features are labeled by Areas 1 through 8 on the attached
maps and initialed by me on June 29, 2011.
The Division of Water Quality (DWQ) has determined that the feature labeled as "Area 6, Mill Pond Road South
of Turbine B2" on the attached maps, and highlighted in blue, is considered a stream. The stream starts (N 360 17'
34.23" W 76° 29' 50.92') at the junction of two drainage features (see attached maps) and continues down stream to the
Pasquotank River.
The other sites reviewed are highlighted in red on the attached maps and are considered 'ephemeral drainage features.
The sites reviewed are as follows: Area 1 drainage feature off Sandy Road, between site 6-1 and 3-2 is considered an
ephemeral feature. The second drainage reviewed in Area 1 off Access Road 6, between Turbine P3 and P6 is ephemeral.
Area 2 drainage feature on Foreman Road between Turbine S36 and S35 is considered ephemeral. The second drainage
site on Access Road to Turbine S40 is also considered ephemeral.
Area 3 drainage feature crosses Access Road 3, 1-8, Access Road 2,1-4, and Access Road 1, 1-1 all three are considered
ephemeral drainage features.
Area 4 dt 5 drainage features start at crossing on Sandy Road (SR 1469) and continues up gradient, turning west along
Cori Road and ending at the and of lateral drainage ditch new 18-21. Although this feature is at the headwaters of Little
River it is not considered a stream.
North Carolina Di *n of Water Quality
943 Washington Square Mall
Wash, NC 27889
Phone: [phone] FAX: [phone]
Internet: www.nmaterquaFN.orq
An Equal Opportunity 1 AMrmatlve Acton Employer
,Nf Carolina
N16 WAM71111
Area 6 the roadway crosses a drainage features at 21-1 through 21-8 and the feature is considered to bean ephemeral
drainage features. The drainage feature that runs parallel to Mill Pond Road, shown on the attached maps highlighted in
blue, is a stream feature. The stream feature starts at the junction of two drainage features and continues downstream to
the Pasquotank River (see attached maps).
Area 7 the drainage feature runs parallel to Access Road 27, culvert crossings 24-2 through 25-10 is considered to be
ephemeral drainages.
Area 8 consists of three drainage features off Access Road 32, culvert crossings 28-2 through 30-9,30-1 and 30-2 are all
considered ephemeral drainage features.
• Please note that this Office defines the word "Ephemeral" drainage feature as meaning a feature that carries only
stormwater in direct response to precipitation with water flowing only during and shortly after large precipitation events.
Please also note that drainage feature shown on USGS map has been severely modified and many do not exist on ground
as depicted.
The owner (or firture owners) should notify the DWQ (and other relevant agencies) of this decision in any future
correspondences concerning this property. This on-site determination shall expire five (5) years from the date of this
letter. Landowners or affected parties that dispute a determination made by the DWQ or Delegated Local Authority that a
surface water exists and may request a determination by the Director. A request for a determination by the Director shall
be referred to the Director in writing c/o John Dorsey, DWQ Wedands/401 Unit, 2321 Crabtree Blvd., Raleigh, NC
27604-2260. Individuals that dispute a determination by the DWQ or Delegated Local Authority that "exempts" a surface
water may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter.
Applicants are hereby notified that the 60-day statutory appeal time does not start until the affected party (including
downstream and adjacent landowners) is notified of this decision. DWQ recommends that the applicant conduct this
notification in order to be certain that third party appeals are made in a timely manner. To ask for a hearing, send a
written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative
Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This determination is final and binding unless you ask
for a hearing within 60 days.
This letter only addresses stream determinations and does not approve any activity within Waters of the United States or
Waters of the State. If you have any additional questions or require additional information please call Roberto Scheller in
the Washington Regional Office at [phone].
kincer 1 ,
For Co u s
Attachments: Perquimans/Pasquotank County Soil map
USGS Chapanoke Quad maps
Aerial map
cc: DWQ 401/Wedand Express Unit
File Copy
Filename 11-0613
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Date
Review by/
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Name: CHAPANOKE Location: 038' 17' 34.23" N 078' 29' 50.92" W
Date: 7/6/2011 Caption: Atlantic Wind LLC, Desert Wind Project, Stream Determination,
Scale: 1 inch equals 1000 feet Area 6, South Min Pond Road