19920612 Ver 1_COMPLETE FILE_19920101

MEMORANDUM
TO: John Dorney
Planning Branch
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
INITIALS-
Reviewer
.
WQ Supv:
Date :
***EACH ITEM MUST BE ANSWERED (N/A-NOT APPLICABLE)***
PERMIT YR: 92 PERMIT NO: 0000612 COUNTY: CARTERET
APPLICANT NAME: CP&L
PROJECT-TYPE: UTILITY LINES
COE_#: 199203721
RCD_FROM_CDA: COE
REG.-OFFICE: WIRO
STREAM-CLASS: .5A to "(/ C,4 4S4-.-
STR_INDEX_NO : ;) v_3S - 7
/-9
WL_IMPACT?: jq/N
WL_REQUESTED :
HYDRO_CNECT?: ON
MITIGATION?: Y?9
MITIGATION-SIZE: Ale
PERMIT-TYPE: IND
DOT-#:
DATE _FRM_CDA: 10/12/92
RIVER-AND-SUB-BASIN-#: 0 3 0 SO `f
U3oy/0
f'M S
WL_TYPE : d (A? S/tA
PT P5
WL_ACR_EST?: &N
WL_SCORE(#):4l4
MITIGATION TYPE: Al&
IS WETLAND RATING SHEET ATTACHED?: Y&
RECOMMENDATION (Circle One) 6?s ISSUE/COND DENY
COMMENTS:`
147
nor, --
fi
d
V
cc: Regional Office
Central Files
._,_._._ (
.........
F1 4
1992
12
oTr,
DEPAR31-SIT OF UM ARMY ?' W NDS Gft?Uf'
Wilmington District, Corps of Engineers WATERQ?A '??'f
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 199203721 October 8, 1992
PUBLIC NOTICE
CAROLINA POWER AND LIGHT COMPANY, Post Office Box 1551, Raleigh, North
Carolina 27602, has applied for a Department of the Army (DA) pPr?r+;t TO
INSTALL A 34.5 kV SUBAQUBOUS AND AERIAL DISI'RIBTMON LINE TO SPAN LONG
BAY/JACKS BAY/PAMLICO SOUND AND ADJACENT WEI*LANDS BEIWEEDI A SUBSTATION
NORTHEAST OF SEALEVEL, AND THE U.S. MARINE CORPS AIRCRAFT GUNNERY RANG' ON
PINEY ISLAND,.Carteret County, North Carolina.
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a
representative of the Corps of Engineers. Plans submitted with the
application show the proposed origin of the distribution line at a substation
on North Carolina Highway 12 approximately 1-1/2 mile northeast of Sealevel.
The line, supported overhead by poles, is to extend 24,053 linear feet to the
northwest. From this point, where it enters Pamlico sound, the line is to be
subaqueous. For a distance of 14,730 linear feet, the line is to be a
continuous run cable installed by a vibrating plow. The line is to be placed
six feet below the substrate of Pamlico Sound. The purpose of the work is to
provide electric service to the U.S. Marine corps Aircraft Gunnery Range on
Piney Island. Plans showing the work are included with this public notice.
The applicant has determined that the proper work is consistent with the
North Carolina Coastal Zone Management Plan and has submitted this
determination to the North Carolina Division of Coastal Management (Na M) for
their review and concurrence. This proposal shall be reviewed for the
applicability of other actions by North Carolina agencies such as:
a. The issuance of a Water Quality Certification under Section 401 of the
Clean Water Act by the North Carolina Division of Environmental Management
(NCDEM) .
b. The issuance of a permit to dredge and/or fill under North Carolina
General statute 113-229 by the North Carolina Division of coastal management
(NCDCM).
c. The issuance of a permit under the North Carolina Coastal Area
Management Act (CAMA) by the North Carolina Division of Coastal Management
(NCDCM) or their delegates.
-2-
d. The issuance of an easement to fill or otherwise occupy State-owned
submerged land under North Carolina General Statute 143-341(4),-146-6, 146-11j
and 146-12 by the North Carolina Department of Administration (NGDA) and the
North Carolina Council of State.
e. The approval of an Erosion and Sedimentation Control Plan by the Landi
Quality Section, North Carolina Division of Land Resources (NCDLR), pursuant
to the state Sedimentation Pollution Control Act of 1973 (NC G.S. 113 A-50-
66).
The requested Department of the Army (DA) permit will be denied if any
required State or local authorization and/or certification is denied. No DA
permit will be issued until a state coordinated viewpoint is received and
reviewed by this agency. Recipients of this notice are encouraged to furnish
ccetments on factors of concern represented by the above agencies directly to
the respective agency, with a copy furnishe&,to the U.S. Army Corps of
Engineers (USAGE).
This application is being considered pursuant to Section 10 of the River
and Harbor Act of 1899 (33 U.S.C. 403). Any person may request, in writing
within the comment period specified in the notice, that a public hearing be
held to consider this application. Requests for public hearing shall state,
with particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the i
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer, based on available information, is not aware that
the proposed activity will affect species, or their critical habitat,
designated as endangered or threatened pursuant to the Endangered Species Act
of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which became relevant in each particular!
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
-3-
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factor.i which
may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards and flood plain values (in accordance with Executive Order
11988), land use, navigation, shore 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
placement of dredged or fill materials in waters of the United States, a
permit will be denied if the discharge that would be authorized by such permit
would not comely with the Environmental Protection Agencies" 404(b) (1)
guidelines. Subject to the preceding sentence and any other applicable
guidelines or criteria, a permit will be granted unless the District Engineer
determines that it would be contrary to the public interest.
The USACE of Engineers is soliciting comments from the public; Federal,
State and local agencies and officials; Indian Tribes and other interested
parties in order to consider and evaluate the impacts of this proposed
activity. Any cmrkents received will be considered by the USAGE 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).
Cotments are also used to determine the need for a public hearing and to
determine the overall public interest of the proposed activity.
Written cmm ents pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Scott McLendon, Wilmington Field
Office, Regulatory Branch, until 4:15 p.m., November 2, 1992, or telepb,:)ne
[phone].
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State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James G. Martin, Governor A. Preston Howard, Jr., P.E.
William W. Cobey, Jr., Secretary December 4, 1992 Acting Director
Brenda Brickhouse
Post Office Box 1551
Raleigh, North Carolina 27602
Dear Ms. Brickhouse:
Subject: Certification Pursuant to Section 401 of the Federal
Clean Water Act,
Proposed 34.5 kv subaqueous and aerial distribution
line
Project # 92612, COE # 199203721
Carteret County
Attached hereto is a copy of Certification No. 2796 issued
to Carolina Power and Light Company dated December 4, 1992.
If we can be of further assistance, do not hesitate to
contact us.
Sincerely,
?a- ?1) 0_? V-"
reston Howard, J P.E.
Attachments
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Regional Office
Wilmington DEM Regional Office
Mr. John Dorney
Mr. John Parker
Central Files
REGIONAL OFFICES
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 919/486-1541 704/663-1699 919/571-4700 919/946-6481 919/395-3900 919/896-7007
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
- :A . \
NORTH CAROLINA
Carteret County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the
requirements of Section 401 Public Laws 92-500 and 95-217 of the
United States and subject to the North Carolina Division of
Environmental Management Regulations in 15 NCAC 2H, Section .0500
to Carolina Power and Light Company pursuant to an application
filed on the 12 day of October 1992 to install a 34.5 kv
subaqueous and aerial distribution line from Long Bay/Jacks
Bay/Pamlico Sound.
The Application provides adequate assurance that the
discharge of fill material into the waters of Pamlico Sound and
its tributaries in conjunction with the proposed distribution
line in Carteret County will not result in a violation of
applicable Water Quality Standards and discharge guidelines.
Therefore, the State of North Carolina certifies that this
activity will not violate Sections 301, 302, 303, 306, 307 of PL
92-500 and PL 95-217 if conducted in accordance with the
application and conditions hereinafter set forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner as
to prevent significant increase in turbidity
outside the area of construction or construction
related discharge (increases such that the
turbidity in the Stream is 25 NTU's or less are
not considered significant).
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall become null and void unless the
above conditions are made conditions of the Federal Permit.
This the 4 day-of December, 1992.
DIVISION OF ENVIRONMENTAL MANAGEMENT
A. reston oward, J . P.E.
WQC# 2796

o?
i
DEPARIMEVT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 199203721 October 8, 1992
PUBLIC NOTICE
CAROLINA POWER AND LIGHT COMPANY, Post Office Box 1551, Raleigh, North
Carolina 27602, has applied for a Department of the Army (DA) permit TO
INSTALL A 34.5 kV S MAQUEIOUS AND AERIAL DISTRIB MON LINE TO SPAN LONG
BAY/JACKS BAY/PAMLSCO SOUND AND ADJACENT WETLANDS BETWEEN A SUBSTATION,
BAST OF SEALEIE L, AND THE U.S. MARINE CORPS AIRCRAFT GUNNERY RANGE ON
PINEY ISLAND, Carteret County, North Carolina.
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a
representative of the Corps of Engineers. Plans submitted with the
application show the proposed origin of the distribution line at a substation
on North Carolina Highway 12 approximately 1-1/2 mile northeast of Sealevel.
The line, supported overhead by poles, is to extend 24,053 linear feet to the
northwest. From this point, where it enters Pamlico Sound, the line is to be
subaqueous. For a distance of 14,730 linear feet, the line is to be a
continuous run cable installed by a vibrating plow. The line is to be placed
six feet below the substrate of Pamlico Sound. The purpose of the work is to
provide electric service to the U.S. Marine Corps Aircraft Gunnery Range on
Piney Island. Plans showing the work are included with this public notice.
The applicant has determined that the proposed work is consistent with the
North Carolina Coastal Zone Management Plan and has submitted this
determination to the North Carolina Division of Coastal Management (NaXM) for
their review and concurrence. This proposal shall be reviewed for the
applicability of other actions by North Carolina agencies such as:
a. The issuance of a Water Quality Certification under Section 401 of the
Clean Water Act by the North Carolina Division of Environmental Management
(NCDEM) .
b. The issuance of a permit to dredge and/or fill under North Carolina
General Statute 113-229 by the North Carolina Division of Coastal Management
(NCDCM).
c. The issuance of a permit under the North Carolina Coastal Area
Management Act (CAM) by the North Carolina Division of Coastal Management
(NCDCM) or their delegates.

-2-
d. The issuance of an easement to fill or otherwise occupy State-awned
submerged land under North Carolina General Statute 143-341(4),-146-6, 146-11,
and 146-12 by the North Carolina Department of Administration (NCDA) and the
North Carolina Council of State.
e. The approval of an Erosion and Sedimentation Control Plan by the Land
Quality Section, North Carolina Division of Land Resources (NCDIR), pursuant
to the State Sedimentation Pollution Control Act of 1973 (NC G.S. 113 A-50-
66).
The requested Department of the Army (DA) permit will be denied if any
required State or local authorization and/or certification is denied. No DA
permit will be issued until a state coordinated viewpoint is received and
reviewed by this agency. Recipients of this notice are encouraged to furnish
oanments on factors of concern represented by the above agencies directly to
the respective agency, with a copy furnished'to the U.S. Army Corps of
Engineers (USAGE).
This application is being considered pursuant to Section 10 of the River
and Harbor Act of 1899 (33 U.S.C. 403). Any person may request, in writing
within the ccmmnt period specified in the notice, that a public hearing be
held to consider this application. Requests for public hearing shall state,
with particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this wcrksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unk3u archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer, based on available information, is not aware that
the proposed activity will affect species, or their critical habitat,
designated as endangered or threatened pursuant to the Endangered Species Act
of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
-3-
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal mast be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general
etwironmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards and flood plain values (in accordance with Executive Order
11988), land use, navigation, shore 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
placement of dredged or fill materials in waters of the United States, a
permit will be denied if the discharge that would be authorized by such permit
would not comply with the Environmental Protection Agencies' 404(b)(1)
guidelines. Subject to the preceding sentence and any other applicable
guidelines or criteria, a permit will be granted unless the District Engineer
determines that it would be contrary to the public interest.
The USAGE of Engineers is soliciting comments from the public; Federal,
State and local agencies and officials; Indian Tribes and other interested
parties in order to consider and evaluate the impacts of this proposed
activity. Any canTents received will be considered by the USAGE 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 Envirormiental Impact
Statement (EIS) pursuant to the National Envirormental 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.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Scott McLendon, Wilmington Field
Office, Regulatory Branch, until 4:15 p.m., November 2, 1992, or telephone
[phone].
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461

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 199203721
PUBLIC NOTICE

ou 12 t992
WET-" pS GS??UP .
?TGC?iAIITY E?.T?
OCT1092
Oct?f'1:?,?f='92
S "r??r£?iTl 4:
CAROLINA POKIER AND LIGHT COMPANY, Post Office Box 1551, Ralei6l',11 Ya
Carolina 27602, has applied for a Department of the Army (DA) permit ?'"
INSTALL A 34.5 kV SUBAQUEOUS AND AERIAL DISTRIBUTION LINE TO SPAN LONG
BAY/JACKS BAY/PAMLICO SOUND AND ADJACENT WE'T'LANDS BEIW.EEN A SUBSTATION,
NORTHEAST OF SFALEVEL, AND THE U.S. MARINE CORPS AIRCRAFT GUNNERY RANGE ON
PINEY ISLAND,. Carteret County, North Carolina.
The following description of the work is taken from data provided by the
applicant and frcan observations made during an onsite visit by a
representative of the Corps of Engineers. Plans submitted with the
application show the proposed origin of the distribution line at a substation
on North Carolina Highway 12 approximately 1-1/2 mile northeast of Sealevel.
The line, supported overhead by poles, is to extend 24,053 linear feet t._o the
northwest. Fr(n this point, where it enters Pamlico Sound, the line is to be
subaqueous. For a distance of 14,730 linear feet, the line is to be a
continuous run cable installed by a vibrating plow. The line is to be placed
six feet below the substrate of Pamlico Sound. The purpose of the work is to
provide electric service to the U.S. Marine Corps Aircraft amnery Range on
Piney Island. Plans showing the work are included with this public notice.
The applicant has determined that the proposed work is consistent with the
North Carolina Coastal Zone Management Plan and has submitted this
determination to the North Carolina Division of Coastal Management (NCDCM) for
their review and concurrence. This proposal shall be reviewed for the
applicability of other actions by North Carolina agencies such as:
a. The issuance of a Water Quality certification under Section 401 of the
Clean Water Act by the North Carolina Division of Environmental M nagemP_nt
(NCDEM).
b. The issuance of a permit to dredge and/or fill under North Carolina
General Statute 113-229 by the North Carolina Division of Coastal Manaceeinent
(NCDC M)
c. The issuance of a permit under the North Carolina Coastal Area
Management Act (CAM) by the North Carolina Division of Coastal Management
(NC'DCM) or their delegates.
N't
-2-
d. The issuance of an easement to fill or otherwise occupy State-owned
sutrexged land under North Carolina General Statute 143-341(4),-146-6, 146-11,
and 146-12 by the'North Carolina Department of Administration (NMA) and the
North Carolina Council of State.
e. The approval of an Erosion and Sedimentation Control Plan by the Land
Quality Section, North Carolina Division of Land Resources (NCflLR), pursuant
to the State Sedimentation Pollution Control Act of 1973 (NC G.S. 113 A-50-
66).
The requested Department of the Army (DA) permit will be denied if any
required State or local authorization and/or certification is denied. No DA
permit will be issued until a State coordinated viewpoint is received and
reviewed by this agency. Recipients of this notice are encouraged to furnish
coam*nts on factors of concern represented by the above agencies directly to
the respective agency, with a copy furnished-to the U.S. Army Corps of
Engineers (USAGE).
This application is being considered pursuant to Section 10 of the River
and Harbor Act of 1899 (33 U.S.C. 403). Any person may request, in writing
within the c mmient period specified in the notice, that a public hearing be
held to consider this application. Requests for public hearing shall state,
with particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer, based on available information, is not aware that
the proposed activity will affect species, or their critical habitat,
designated as endangered or threatened pursuant to the Endangered Species Act
of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
.. a
01-
-3-
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factor, 3 which
may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards and flood plain values (in accordance with Executive Order
11988), land use, navigation, shore 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
placement of dredged or fill materials in waters of the United States, a
permit will be denied if the discharge that would be authorized by such permit
would not comply with the Environmental Protection Agencies' 404(b)(1)
guidelines. Subject to the preceding sentence and any other applicable
guidelines or criteria, a permit will be granted unless the District Engineer
determines that it would be contrary to the public interest.
Zhe USAGE of Engineers is soliciting comments from the public; Federal,
State and local agencies and officials; 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 USAGE 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.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Scott McLendon, Wilmington Field
Office, Regulatory Branch, until 4:15 p.m., November 2, 1992, or telephone
[phone].
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