20230465 Ver 1_Public Notice_20230419

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PUBLIC NOTICE
US Army Corps
Of Engineers
Wilmington District
Issue Date: April 19, 2023
Comment Deadline: May 18, 2023
Corps Action ID Number: SAW-2022-00285
The Wilmington District, Corps of Engineers (Corps) received an application on March
28, 2023, from the Four County Electric Cooperative c/o: Mr. Gregg Cohn seeking
Department of the Army authorization to discharge fill material into 1.37 acre of
wetlands for the construction of an access road for a new electrical Point of Delivery
(POD) and substation on property located on Island Creek Road (SR 1002), just west of
intersection with NC Highway 210, near Hampstead, Pender County, North Carolina.
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:
https://www.saw.usace.army.miI/Missions/Regulatory-Permit-Program/Public-Notices/
Applicant: Mr. Gregg Cohn
Four County Electric Cooperative
1822 NC 53 West
Burgaw, NC 28425
AGENT (if applicable): Ms. Dolores Hong
Booth and Associates, LLC
2300 Rexwoods Drive, Suite 300
Raleigh, NC 27607
Authority
The Corps evaluates this application and decides whether to issue, conditionally issue,
or deny the proposed work pursuant to applicable procedures of the following Statutory
Authorities:
❑ Section 404 of the Clean Water Act (33 U.S.C. 1344)
❑ Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403)
❑ Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33
U.S.C. 1413)
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Location
Location Description: The project area is located off Island Creek Road, northwest of
the Town of Hampstead, Pender County, NC. Parcel ID numbers: 3262-78-4633-00
Project Area (acres): 8.42 Nearest Town: Hampstead
Nearest Waterway: Harrisons Creek River Basin: Cape Fear River
Latitude and Longitude: 34.371934 N,-77.781768 W
Existing Site Conditions
The project area is located on the south side of Island Creek Road (SR1002),
approximately 5 miles west of the intersection of US 17 and NC 210 in Hampstead,
North Carolina and the western edge of the site is adjacent to the Pender EMS and Fire
Station 28 located at 1060-1622 State Rd 1002, Hampstead, NC 28443.
Approximately 7.9 acres of the 8.428-acre site are forested and the canopy is
dominated by a mixture of longleaf pine (Pinus palustris) and loblolly pine (Pinus taeda).
The understory and midstory vegetation vary from open to moderately dense. Individual
pines ranged from 6 to 19 inches in diameter (DBH). Canopy was estimated to have
greater than 90% cover of pine species that are a least 30 years old and include some
greater than 60 years old. Portion of some forested areas have been influenced by
silvicultural practices. The southern portion of the project area includes an existing
powerline clearing and easement that is composed of a non -forested landscape and
dominated by a mixture of herbaceous vegetation.
Applicant's Stated Purpose
The applicant's stated purpose is to construct a new electrical Point of Delivery (POD)
and substation adjacent to an existing DEP 230 kV transmission line and an existing
FCEMC distribution line to improve electrical delivery reliability for existing FCEMC
customers in Pender County, North Carolina. This project will be estimated to enhance
the delivery of power in this zone and speed reconnection of power during power
outages.
Project Description
The project Substation will require clearing of 7.0± acre of forested area including 1.37
acres of wetland within the property owned by FCEMC and adjacent to a Duke Energy
Progress (DEP) 230kV transmission line. The proposed project includes construction of
a 0.23-mile access road, above ground electrical powerline, electrical substation, and
transmission tap line. Site construction will be completed as follows: initial construction
will involve mechanical clearing of trees and other vegetation on non -wetland areas and
the installation of sedimentation and erosion control measures. Hand clearing with no
mechanical clearing or stump removal along the wetland found in project. Once clearing
is complete, grading will start for the 0.23-mile driveway corridor and the 1.7+ acre
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substation "pad" where substation structures and equipment will be located. Upon
completion of grading activities, construction will continue with installation of concrete
foundations, steel structural members, transmission and distribution power poles and
conductor, and various high voltage equipment needed for function of the substation.
The entrance of the proposed site connects directly with Island Creek Road (34.375199,
- 77.784037), across from the Wylie Branch Subdivision (Habersham Avenue, Rocky
Point, NC 28457; 34.375701,-77.783511). A Duke Energy Progress (DEP) driveway
will be provided from their right-of-way (ROW). The ROW adjoins the access road which
connects to Island Creek Road 0.2 miles northeast from the proposed project access.
All of the 1.37-acre wetland impacts are associated with the 20'-foot wide access road
construction, with the substation footprint wholly in uplands.
Avoidance and Minimization
The applicant has stated that multiple rounds of alternatives were evaluated to avoid
and minimize wetland impacts, which resulted in the current project design.
Proposed impacts to the 3.93 acres of the total wetland on site were reduced to 1.37
acres and included: reduction of the road width to the minimum width necessary to
accommodate vehicles that needed to access to the site; substation pad reduced to the
minimum size necessary to accommodate equipment needed to operate the substation;
substation pad located to maximize use of non -jurisdictional wetland areas in the
southeastern corner of the property; stockpile located on non -wetland area.
Compensatory Mitigation
The applicant offered the following compensatory mitigation plan to offset unavoidable
functional loss to the aquatic environment:
For the proposed 1.37 acre of permanent wetland impacts associated with substation
and road, A Four County Electric has proposed to utilize Northeast Cape Fear Umbrella
Mitigation Bank, which is located within the same service area and has obtained a pre -
approval letter from the bank to provide needed compensatory mitigation credit for
proposed impacts to non -riparian 2.0 acre of compensatory mitigation for wetland loss
Essential Fish Habitat
The Corps' determination is that the proposed project would not affect EFH or
associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management
Councils or the National Marine Fisheries Service.
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Cultural Resources
Pursuant to Section 106 of the National Historic Preservation Act of 1966, Appendix C
of 33 CFR Part 325, and the 2005 Revised Interim Guidance for Implementing Appendix
C, the District Engineer consulted district files and records and the latest published
version of the National Register of Historic Places and initially determines that:
❑ Should historic properties, or properties eligible for inclusion in the National
Register, be present within the Corps' permit area; the proposed activity requiring
the DA permit (the undertaking) is a type of activity that will have no potential to
cause an effect to an historic properties.
❑ No historic properties, nor properties eligible for inclusion in the National
Register, are present within the Corps' permit area; therefore, there will be no
historic properties affected. The Corps subsequently requests concurrence from
the SHPO (or THPO).
❑ Properties ineligible for inclusion in the National Register are present within the
Corps' permit area; there will be no historic properties affected by the proposed
work. The Corps subsequently requests concurrence from the SHPO (or THPO).
❑ Historic properties, or properties eligible for inclusion in the National Register, are
present within the Corps' permit area; however, the undertaking will have no
adverse effect on these historic properties. The Corps subsequently requests
concurrence from the SHPO (or THPO).
❑ Historic properties, or properties eligible for inclusion in the National Register, are
present within the Corps' permit area; moreover, the undertaking may have an
adverse effect on these historic properties. The Corps subsequently initiates
consultation with the SHPO (or THPO).
❑ The proposed work takes place in an area known to have the potential for the
presence of prehistoric and historic cultural resources; however, the area has not
been formally surveyed for the presence of cultural resources. No sites eligible
for inclusion in the National Register of Historic Places are known to be present
in the vicinity of the proposed work. Additional work may be necessary to identify
and assess any historic or prehistoric resources that may be present.
The District Engineer's final eligibility and effect determination will be based upon
coordination with the SHPO and/or THPO, as appropriate and required, and with full
consideration given to the proposed undertaking's potential direct and indirect effects on
historic properties within the Corps -identified permit area.
Endangered Species
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Pursuant to the Endangered Species Act of 1973, the Corps 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 determines that the proposed project would not affect federally listed
endangered or threatened species or their formally designated critical habitat.
❑ The Corps determines that the proposed project may affect, not likely to
adversely affect federally listed endangered or threatened species or their
formally designated critical habitat.
Based on information supplied by the applicant and information available to this office
the project area is within the U.S. FWS Red Cockaded Woodpecker (Picoides borealis)
consultation area established by the Standard Operating Procedures for Endangered
Species (SLOPES) agreement. Additionally, the project area is within the ranges of the
Northern Long-eared Bat (Myotis septentrionalis), Tri-colored Bat (Perimyotis
subflavus), and Pondberry (Lindera melissifolia).
Initial aerial imagery surveys and ground observations done by the applicant note the
stands of pines in the project area have been timbered and replanted relatively recently
and support a dense understory of maple and sweetgum. The applicant notes there are
some areas with pine trees between 6" and 8" diameter at breast height (DBH) but
generally the forested areas are too dense, and the trees are too young to provide
suitable foraging habitat.
Pender County is within the range of the Northern Long-eared Bat and Tri-colored Bat.
According to the applicant the forested areas of the project site could potentially provide
appropriate winter and summer roosting habitat, however U.S. Fish and Wildlife have
not identified any roost trees in Pender County.
❑ By copy of this public notice, the Corps initiates consultation under Section 7
of the ESA and will not make a permit decision until the consultation process is
complete.
❑ The Corps will consult under Section 7 of the ESA and will not make a permit
decision until the consultation process is complete.
❑ The Corps has initiated consultation under Section 7 of the ESA and will not
make a permit decision until the consultation process is complete.
❑ The Corps determines that the proposed project may affect federally listed
endangered or threatened species or their formally designated critical habitat.
Consultation has been completed for this type of activity and the effects of the
proposed activity have been evaluated and/or authorized by the National Marine
Fisheries Service (NMFS) in the South Atlantic Regional Biological Opinion or its
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associated documents, including 7(a)(2) & 7(d) analyses and Critical Habitat
assessments. A copy of this public notice will be sent to the NMFS.
❑ 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. The Corps will
make a final determination on the effects of the proposed project 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.
Other Required Authorizations
The Corps forwards this notice and all applicable application materials to the
appropriate State agencies for review.
North Carolina Division of Water Resources (NCDWR):
❑ The applicant did not provide or satisfy all the elements required for a complete
401 certification request. Therefore, the 401 Certification process has not
started. The Corps will generally not make a final permit decision until the
NCDWR issues, denies, or waives the state Certification as required by Section
401 of the Clean Water Act (PL 92-500).
❑ The Corps will generally not make a final permit decision until the NCDWR
issues, denies, or waives the state Certification as required by Section 401 of
the Clean Water Act (PL 92-500). The receipt of the application and this public
notice at the NCDWR Central Office in Raleigh constitutes initial receipt of an
application for a 401 Certification. Unless NCDWR is granted a time review
extension, a waiver will be deemed to occur if the NCDWR fails to act on this
request for certification within 120 days of the date of this public notice.
Additional information regarding the 401 Certification may be reviewed at the
NCDWR Central Office, 401 and Buffer Permitting Unit, 512 North Salisbury
Street, Raleigh, North Carolina 27604-2260. All persons desiring to make
comments regarding the application for a 401 Certification should do so, in
writing, by June 13, 2023 to:
NCDWR Central Office
Attention: Ms. Stephanie Goss, 401 and Buffer Permitting Unit
(USPS mailing address): 1617 Mail Service Center, Raleigh, NC 27699-
1617
Or,
(physical address): 512 North Salisbury Street, Raleigh, North Carolina
27604
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North Carolina Division of Coastal Management (NCDCM):
❑ The application did not include a certification that the proposed work complies
with and would 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 cannot issue a Department of Army (DA) permit for the proposed
work until the applicant submits such a certification to the Corps and the
NCDCM, and the NCDCM notifies the Corps that it concurs with the applicant's
consistency certification. As the application did not include the consistency
certification, the Corps will request, upon receipt„ concurrence or objection from
the NCDCM.
❑ Based upon all available information, the Corps determines that this application
for a Department of Army (DA) permit does not involve an activity which would
affect the coastal zone, which is defined by the Coastal Zone Management
(CZM) Act (16 U.S.C. § 1453).
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 consolidated 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
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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.
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 will 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.
The Corps of Engineers, Wilmington District will receive written comments pertinent to
the proposed work, as outlined above, until 5pm, May 18th, 2023. Comments should be
submitted to Thomas Charles, Wilmington Regulatory Field Office, at
Thomas. P.charles(a usace.army.mil or at 69 Darlington Avenue,
Wilmington, North Carolina 28403. If you have questions, please direct them to Mr.
Charles at his email address or at [phone]. Comments may also be submitted to
Wilmington NCREG(a-)_usace.army.mil
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