20150998 Ver 3_DCM Correspondence_20180924

Strickland, Bev
From: Davis, Braxton C
Sent: Monday, September 24, 2018 5:41 PM
To: McCorcle, Justin P CIV USARMY CESAW (US); McLendon, C S CIV USARMY CESAW
(US); [e-mail]
Cc: Nicholson, John A.; Holman, Sheila; Lance, Kathleen C; Goebel, Christine A; Higgins,
Karen; [e-mail]; [e-mail]
Subject: NC Federal Consistency Waiver for Sutton Power Plant
Scott and Henry,
Earlier today, we received your request concerning the application by Duke Energy to construct a 6 -foot rock
emergency weir within the intake canal upstream of the breach at Sutton Lake to isolate the Sutton Cooling
pond from the Cape Fear River breach. We understand that the Wilmington Regulatory Division is prepared to
process this request through your Emergency Permit Process.
North Carolina's coastal zone management program consists of, but is not limited to, the Coastal Area
Management Act, the State's Dredge and Fill Law, Chapter 7 of Title 15A of North Carolina's Administrative
Code, and the land use plans of the coastal counties and municipalities that the proposed project may affect. It is
the objective of the Division of Coastal Management to manage the State's coastal resources to ensure that
proposed Federal activities would be compatible with safeguarding and perpetuating the biological, social,
economic, and aesthetic values of the State's coastal waters.
It is DCM's understanding that there is an emergency need to immediately construct this temporary/emergency
weir. Based on communications today with the NC Division of Water Resources, we are not aware of any water
quality concerns associated with this action as long as the project adheres to the conditions of the 401
certification, nor are we aware of any conflicts with the enforceable policies of the NC Coastal Management
Program and rules of the N.C. Coastal Resources Commission. Based on this expedited review, DCM concurs
that the proposed activity is consistent with North Carolina's certified coastal management program.
Should the proposed action be modified, a revised consistency determination could be necessary. This might
take the form of either a supplemental consistency determination pursuant to 15 CFR 930.46, or a new
consistency determination pursuant to 15 CFR 930.36. Likewise, if further project assessments reveal
environmental effects not previously considered by the proposed development, a supplemental consistency
certification may be required. If you have any questions, my contact information is below and my cell 9 is 252-
723-2192.
Thank you for your consideration of the North Carolina Coastal Management Program.
Braxton
Braxton C. Davis
Director
NC Division of Coastal Management
Department of Environmental Quality
252 808 2808 x202
Braxton. [e-mail]
Morehead City, NC 28557

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