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Home My WebLink About20110615 Ver 2_USACE Correspondence_20120103Ly N f•ST1iE5 �F �� Regulatory Division Action ID No SAW 2010 00903 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT CORPS OF ENGINEERS Washington Regulatory Field Office Post Office Box 1000 Washington North Carolina 27889 1000 Mr David Shadle Iberdrola Renewables Incorporated 201 King of Prussia Road Suite 500 Radnor Pennsylvania 19087 Dear Mr Shadle December 15 2011 h -C)6 (S �6 [L � QR-*A�tiAG,?')S Via correspondence dated October 27 2011 the U S Army Corps of Engineers (Corps) provided you with public notice comments related to your application for Department of the Army (DA) individual permit authorization to construction of a 150 turbine wind energy generation facility west of Elizabeth City within the watersheds of the Perquimans Pasquotank and Little Rivers, in Perquimans and Pasquotank Counties North Carolina This correspondence also confirms our receipt of your response dated November 7 2011 and our subsequent telephone conversations with Mr Michael Clayton of Iberdrola Renewables on November 8 and December 14 2011 The Corps appreciates the effort you have made to provide information necessary for us to fully evaluate your proposal As discussed with Mr Clayton a few important questions remain relating to the analysis of alternatives available to you to construct the proposed wind energy facility Permits for work within wetlands or other special aquatic sites are available only if the proposed work is the least environmentally damaging, practicable alternative The Corps needs specific information regarding your analysis of any other alternatives including upland alternatives to the work for which you have applied as well as justification that your selected plan is the least damaging to waters and/or wetlands An alternative is practicable if it is available and capable of being done after taking into consideration cost existing technology and logistics in light of the overall project purpose The basic project purpose of a project informs the determination whether or not the project is water dependent for purposes of the rebuttable presumptions under the Section 404 (b)(1) Guidelines The overall project purpose helps establish the geographic scope of the alternatives review and even though the Corps makes this decision with the applicant s plans in mind the Corps is ultimately responsible for this determination even if it differs from the applicant s stated purpose 14N 3 2012 DENR WATER QUALITY WEUNDSAND STORMWATER BRANCH V1 As discussed, in order to assist the Corps with its NEPA and Section 404 documentation responsibilities please provide us with specific information requested below being sure to express your response relative to the cost logistics and technological challenges you would face for each alternative 1 Does this project need to be located within North Carolina for Virginia Electric and Power Company (VEPCO) to receive credit for meeting the North Carolina Renewable Energy Portfolio Standard (NCREPS)? a If not must the project be located within North Carolina? b Are there other alternatives located in Virgima (or other states) that meet the project purpose as well as your stated site selection criteria a) high quality wind resource b) location and capacity of transmission lines and c) available privately owned unconstrained land9 These alternatives may also provide for opportunities to further avoid and minimize impacts to waters of the United States including wetlands 2 Must the project be accomplished within one contiguous area9 Is it possible to meet the project purpose by developing the protect within smaller areas that would further avoid and minimize impacts to waters and wetlands? 3 Please provide specific information related to the potential constraints, leasing, permitting economic, and operational factors that influenced your decision to pursue a 300MW facility (see Page 8 paragraph 6 of your response letter) Is it possible to meet the project purpose with fewer turbines that would further avoid and minimize impacts to waters and wetlands? As discussed your proposed compensatory mitigation plan is also insufficient Specifically implementation guidelines for the North Carolina Wetland Assessment Method ( NCWAM) do not exist at this time Additionally, there are questions concerning the accuracy of the NCWAM assessment undertaken by your consultant and any attempt to justify a particular ratio based on this would be inappropriate — especially when lower than standard ratios are being proposed Furthermore your project is located outside of the designated geographic service area for the Great Dismal Swamp Restoration Bank ( GDSRB) Timberlake Farm property supporting the application of higher compensation ratios Most importantly the GDSRB mitigation banking instrument establishes that credits will be debited from this bank at a minimum ratio of 125 1 As discussed with Mr Clayton the minimum compensation ratios that the Corps would consider for the subject project are as follows a) 125 1 for Pine Flat Wetlands and b) 2 1 for Hardwood Flat Wetlands Accordingly your compensatory mitigation plan must be revised to reflect this before a final permit decision can be made As the above information is essential to our expeditious evaluation of your application please forward your written response to us within 14 days of your receipt of this letter K Thank you for your time and cooperation The Wilmington District is committed to providing the highest level of support to the public To help us ensure we continue to do so please complete the Customer Satisfaction Survey located at our website at http //regulatory usacesurvey co m/ If you have any further questions concerning the processing your application and/or coordinating with the review agencies please contact me at (910) 251 4627 Copies Furnished Mr Michael Clayton Iberdrola Renewables Incorporated 201 King of Prussia Road Suite 500 Radnor, Pennsylvania 19087 Mr Ian McMillan North Carolina Division of Water Quality 2321 Crabtree Blvd, Suite 250 Raleigh, North Carolina 27604 Mr Pete Benjamin U S Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh North Carolina 27636 3726 Mr Ron Sechler National Marine Fisheries Service Habitat Conservation Service 101 Pivers Island Road Beaufort, North Carolina 28516 Sincerely ---w �t 4,4�' Tracey L Wheeler Regulatory Project Manager 3 Ms Jennifer Derby, Chief Wetlands Section — Region IV Water Management Division U S Environmental Protection Agency 61 Forsyth Street, SW Atlanta Georgia 30303 Ms Becky Fox U S Environmental Protection Agency 1307 Firefly Road Whittier North Carolina 28789 Mr Doug Huggett Division of Coastal Management 400 Commerce Avenue Morehead City North Carolina 28557 3421 y Ms Maria Dunn North Carolina Wildlife Resources Commission 943 Washington Square Mall Washington, North Carolina 27889 4 a