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HomeMy WebLinkAbout20051044 Ver 1_Complete File_2005060905-1730 and 05-1044 Subject: 05-1730 and 05-1044 From: Ken Averitte <Ken.Averitte@ncmail.net> Date: Mon, 03 Oct 2005 11:57:33 -0400 To: Ian McMillan <ian.mcmillan@ncmail.net>, Cyndi Karoly <cyndi.karoly@ncmail.net> I think these two numbers are for the same project. 1730 came in as an express, after 1044 was determined to be and IP. Impacts were reduced to NWP size and resubmitted as express. CVDW sent out a 401 on 9/28 for 1730. If I'm incorrect on this, please let me know. Otherwise, I'm filing them together, and taking 1044 off my office tracking list. thanks Ken Ken Averitte Env. Specialist Fayetteville Regional Office NCDENR 1 of 1 10/3/2005 12:05 PM Triage Check List ?5 . A )c Dy. C. Date: Proied. Name: DWQ#: County: ?I m D ,?t cF/ 1 To: ? - ARO Kevin Barnett ? WaRO Tom Steffens and Kyle Barnes O---FRO Ken Averitte ? WIRO Noelle Lutheran ? MRO Alan Johnson ? WSRO Daryl Lamb ? RRO Mike Horan From: TelePhone : (919)-3-3 -96VL The file attached is being forwarded io l our for your evaluation. Please call if you need` asst tance. ? Stream length impacted '? ? Stream determination ? Wetland determination and distance to blue-line surface,.waters on USFW topo maps ? Minimization/avoidance issues ? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman) ? Pond fill ? r? Mitigation Ratios 5? ? Ditching ? Are the stream and or wetland mitigation sites available and viable? ? Check drawings for accuracy ? Is the application consistent with pre-application meetings? - ? Cumulative impact concern Comments: ,5 [&%176 0, ?, 11 0'? W_ t VIA U • ENSR International 7041 Old Wake Forest Rd, Suite 103 Raleigh, NC 27616 June 8, 2005 PAYPN T 919/872-600 7 19/872- 996 FAX 9 RECEIVED www.ensr.com Ms. Cyndi Karoly Supervisor, 401 Oversight and Express Permits Unit p @ N.C. Division of Water Quality Wetlands/401 Water Quality Certification Unit D 2321 Crabtree Blvd. JUN 9 2005 Raleigh, NC 27604 DENR • WATER QUALITY RE: NCEMC Richmond County N.C. Generation Project Access Road V;=WyV3ANDSrOM'ATER M W4 ENSR Project Number 10597-002-323 Dear Ms. Karoly: On behalf of North Carolina Electric Membership Corporation (NCEMC), ENSR Consulting and Engineering (NC), Inc. (ENSR) is submitting a request for an Individual 401 Water Quality Certification for the subject project. Along with the application fee of $200, we have enclosed two copies of the application for an Individual Permit submitted to the Wilmington District, U.S. Army Corps of Engineers (Attachment A). The application was submitted to Ms. Lillette Granade and Mr. Josh Pelletier at the Wilmington District on June 1, 2005. NCEMC intends to construct a power generation facility in Richmond County south of Hamlet, NC. The proposed construction of the facility at this site has been reviewed under the National Environmental Policy Act (NEPA) through an Environmental Assessment with Scoping (EA). Notice of availability of the EA was published in the Federal Register on December 20, 2004 by the Rural Utilities Service (RUS) of the U.S. Department of Agriculture, the lead agency for the NEPA review. A Finding of No Significant Impact (FONSI) was published in the Federal Register on February 9, 2005 (Attachment B). A copy of the EA for the project, along with an electronic version of the attached application for the Individual Permit, has been included with this transmittal in compact disc format (Attachment C). A letter to the NCEMC from Ms. Chrys Baggett at the State Clearinghouse dated February 11, 2005 indicates that provisions of the State Environmental Policy Act were met through the NEPA review (Attachment D). NCEMC's response to agency questions received after the public comment period but included in the Clearinghouse's February 11, 2005 letter were provided to RUS in a letter dated April 1, 2005 (Attachment E). The proposed activity is the construction of an access road across a wetland area associated with an un-named tributary to Marks Creek. Coordinates for the center of the proposed crossing are 34.84120N, 79.73340W. At the time of the preparation of the Environmental Assessment, the crossing was estimated to impact less than one-half acre and would therefore have been eligible for a Nationwide Permit. The final engineering design has indicated that 0.75 acre will be impacted by construction of the road crossing. The attached application for an Individual Permit is Celebrating 35 Years of Excellence in Environmental Services ?? %-Q. F1777 777T7=7 June 8, 2005 Ms. Cyndi Karoly Page 2 based on this final design. As we discussed during our telephone conversation on June 6, 2005 there will be some hand-clearing of forested wetland west of the facility footprint for transmission to access to the Progress Energy substation adjacent to the property, but no soil compaction or alteration of hydrology will occur. Ms. Granade has indicated that this latter activity will not constitute an impact and thus will not require a permit under §404. The following were included in the IP application package: • ENG Form 4345 • Attachment A, supplemental information to ENG Form 4345 and engineering drawings Attachment B, Wetland Delineation Form As indicated in the letter to Ms. Granade, NCEMC is prepared to mitigate for the 0.75-acre loss of wetlands through either on-site mitigation (e.g., enhancement or preservation of wetland and riparian habitat within the project property) or through payment into the N.C. Ecosystem Enhancement Program. Thank you in advance for your attention to this request for 401 Certification. If you have any questions or require additional information, please call Steve at (919) 872-6600, extension 226, or Jennifer at extension 223. Sincerely, . l? Stephen J. Cibik Principal Technical Specialist Attachments ?ennif3Cassaada Wetland Scientist cc: Ms. June Small/NCEMC Director of Environmental Affairs ??..._,L. s North Carolina Electric Membership Corporation Raleigh, North Carolina Request for 401 Certification USAECE Individual Permit for Proposed Access Road Richmond County Peaking Generation Facility Prepared for Submittal to the N.C. Wetlands/401 Certification Unit by ENSR Consulting & Engineering (NC), Inc. June 2005 Document Number 10597-002-323 C:7 f9[ ENSR Intemational 7041 Old Wake Forest Rd, Suite 103 Raleigh, NC 27616 919/872-6600 FAX 919/872-7996 www.ensr.com I June 8, 2005 Ms. Cyndi Karoly Supervisor, 401 Oversight N.C. Division of Water Qua 2321 Crabtree Blvd. Raleigh, NC 27604 ind Express Permits Unit ity Wetlands/401 Water Quality Certification Unit RE: NCEMC Richmond ?ounty N.C. Generation Project Access Road ENSR Project Number 10597-002-323 Dear Ms. Karoly: ?O BOA On behalf of North Carolina Electric Membership Corporation (NCEMC), ENSR Consulting and Engineering (NC), Inc. (ENSR) is submitting a request for an Individual 401 Water Quality Certification for the subject project. Along with the application fee of $200, we have enclosed two copies of the application for an Individual Permit submitted to the Wilmington District, U.S. Army Corps of Engineers (Attachment A). The application was submitted to Ms. Lillette Granade and Mr. Josh Pelletier at the Wilmington District on June 1, 2005. NCEMC intends to construct a power generation facility in Richmond County south of Hamlet, NC. The proposed construction of the facility at this site has been reviewed under the National Environmental Policy Act (NEPA) through an Environmental Assessment with Scoping (EA). Notice of availability of the EA was published in the Federal Register on December 20, 2004 by the Rural Utilities Service (RUS) of the U.S. Department of Agriculture, the lead agency for the NEPA review. A Finding of No Significant Impact (FONSI) was published in the Federal Register on February 9, 2005 (Attachment B). A copy of the EA for the project, along with an electronic version of the attached application for the Individual Permit, has been included with this transmittal in compact disc format (Attachment C). A letter to the NCEMC from Ms. Chrys Baggett at the State Clearinghouse dated February 11, 2005 indicates that provisions of the State Environmental Policy Act were met through the NEPA review (Attachment D). NCEMC's response to agency questions received after the public comment period but included in the Clearinghouse's February 11, 2005 letter were provided to RUS in a letter dated April 1, 2005 (Attachment E). The proposed activity is the construction of an access road across a wetland area associated with an un-named tributary to Marks Creek. Coordinates for the center of the proposed crossing are 34.84120N, 79.73340W. At the time of the preparation of the Environmental Assessment, the crossing was estimated to impact less than one-half acre and would therefore have been eligible for a Nationwide Permit. The final engineering design has indicated that 0.75 acre will be impacted by construction of the road crossing. The attached application for an Individual Permit is Celebrating 35 Years of Excellence in Environmental Services /NT NAT/ONAG! June 8, 2005 Ms. Cyndi Karoly Page 2 based on this final design. As we discussed during our telephone conversation on June 6, 2005 there will be some hand-clearing of forested wetland west of the facility footprint for transmission to access to the Progress Energy substation adjacent to the property, but no soil compaction or alteration of hydrology will occur. Ms. Granade has indicated that this latter activity will not constitute an impact and thus will not require a permit under §404. The following were included in the IP application package: • ENG Form 4345 • Attachment A, supplemental information to ENG Form 4345 and engineering drawings Attachment B, Wetland Delineation Form As indicated in the letter to Ms. Granade, NCEMC is prepared to mitigate for the 0.75-acre loss of wetlands through either on-site mitigation (e.g., enhancement or preservation of wetland and riparian habitat within the project property) or through payment into the N.C. Ecosystem Enhancement Program. Thank you in advance for your attention to this request for 401 Certification. If you have any questions or require additional information, please call Steve at (919) 872-6600, extension 226, or Jennifer at extension 223. Sincerely, Stephen J. Cibik Principal Technical Specialist Attachments ?enn!ifCassLada Wetland Scientist cc: Ms. June Small/NCEMC Director of Environmental Affairs n U :7 ATTACHMENT A USACE INDIVIDUAL PERMIT APPLICATION to ic:+dd W??YVJLi {-10D ENSR International 7041 Old Wake Forest Rd, Suite 103 Raleigh, NC 27616 919/872-6600 FAX 919/872-7996 www.ensr.com May 31, 2005 Ms. Lillette Granade Mr. Josh Pelletier U.S. Army Corps of Engineers 69 Darlington Ave Wilmington, NC 28402 RE: NCEMC Richmond County NC Generation Project Access Road ENSR Project Number 10597-002-323 Dear Ms. Granade and Mr. Pelletier: On behalf of the North Carolina Electric Membership Corporation (NCEMC), ENSR Consulting and Engineering (NC), Inc. (ENSR) is submitting one original and three paper copies of the attached application for an Individual Permit for the subject project. As discussed previously on the telephone with Ms. Granade, the NCEMC intends to construct a power generation facility in Richmond County south of Hamlet, NC. The proposed construction of the facility at this site has been reviewed under the National Environmental Policy Act (NEPA) through an Environmental Assessment with Scoping (EA). Notice of availability of the EA was published in the Federal Register on December 20, 2004 by the Rural Utilities Service of the U.S. Department of Agriculture, the lead agency for the NEPA review. A Finding of No Significant Impact (FONSI) was published in the Federal Register on February 9, 2005. A copy of the EA for the project, along with the attached application, has been included with this transmittal in compact disc format. The proposed activity is the construction of an access road across a wetland area associated with an un-named tributary to Marks Creek. Coordinates for the center of the proposed crossing are 34.84120N, 79.73340W. At the time of the preparation of the Environmental Assessment, the crossing was estimated to impact less than one-half acre and would therefore have been eligible for a Nationwide Permit. The final engineering design has indicated that 0.75 acre will be impacted by construction of the road crossing. The attached application for an Individual Permit is based on this final design. The following have been included in the enclosed application package: • ENG Form 4345 • Attachment A, supplemental information to ENG Form 4345 and engineering drawings 0 • Attachment B, Wetland Delineation Form Celebrating 35 Years of Excellence in Environmental Services r? [ 2 . May 31, 2005 Ms. Lillette Granade Mr. Josh Pelletier Page 2 The NCEMC is prepared to mitigate for the 0.75-acre loss of wetlands through either on-site mitigation (e.g., enhancement or preservation of wetland and riparian habitat within the project property) or through payment into the N.C. Ecosystem Enhancement Program. Thank you in advance for your attention to this application. If you have any questions or require additional information, please call Steve at (919) 872-6600, extension 226, or Jennifer at extension 223. Sicerely, Stephen J. Cibik Principal Technical Specialist 40 Attachments eWetland Scientist cc: Ms. June Small/NCEMC Director of Environmental Affairs APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB APPROVAL NO. 0710-0003 (33 CF?t 325) Expires December 31, 2004 The Public burden for this collection of information is sestimated to average 10 hours per response, although the majority of applications should require 5 hours or less. This includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Service Directorate of Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302; and to the Office of Management and Budget, Paperwork Reduction Project (0710-00031, Washington, DC 20503. Respondents should be aware that notwithstanding any other provision of law, no person shall be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number. Please DO NOT RETURN your form to either of those addresses. Completed applications must be submitted th District Engineer having jurisdiction over the location of the proposed activity. I ! t I t'I ???? I PRIVACY ACT STATEMENT (? (f___I1 /F ? Authorities: Rivers and Harbors Act, Section 10, 33 USC 403; Clean Water Act, Section 404, 33 USC 1344; tJlaiirie'f'fdtdetrbn , Research and Sanctuaries Act, 33 USC 1413, Section 103. Principal Purpose: Information provided on this form will be used in evaluating the application for a permit. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies. Submission of requested information is voluntary, however, if information is not provided the permit application cannot be evaluated nor can a permit be issued. One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application (sea sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An application that is not completed in full will be returned. NTFAfS 7 THRU 4 TO RF FILLED BY THE CORPS 1. APPLICATION NO. 2. FIELD OFFICE CODE 3. DATE RECEIVED 4. DATE APPLICATION COMPLETED ,/TFRA_4 RF/ nW Tt7 RF Fll / Fr) RV APPI /CANTI CJ 5. APPLICANT'S NAME a. AUTHORIZED AGENT'S NAME AND TITLE ,.;, ea yns, ,r v; NCEMC (Contact June Small) Steve Cibik (ENSR Project Manager) 6 APPLICANT'S ADDRESS 9. AGENT'S ADDRESS 3400 Sumner Blvd. 7041 Old Wake Forest Rd. Suite 103 Raleigh, NC 27616 Raleigh, NC 27616 7 APPLICANT'S PHONE NOS W/AREA CODE 10. AGENT'S PHONE NOS. WIAREA CODE ]. Residence a. Residence b. Business (919) 875- 3116 I b. Business (919) 872-6600 APPLICANT'S SIGNATURE DATE NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY 12. PROJECT NAME OR TITLE IsreaSU,e ra,nc .T1CEf1C Richmond County Peaking Plant Project 13. NAME OF WATERBODY. IF KNOWN ar ,..?;,?,. ,• I 14. PROJECT STREET ADDRESS rd y?,, r.,y Unna;r,ed tributary to Marks Creek see Project Locator map (Figure 1) 15. LOCATION OF PROJECT Richmond PJorth Carolina COUNTY STATE 16. OTHER LOCATION DESCRIPTIONS, IF KNOWN, ,::cvronnu:L. sl See Attachment A 17. DIRECTIONS TO THE SITE From Hwy 1 in Rockingham take US Hwy 74 bypass to State Hwy 177 exit. Go northeast on State Hwy 177 to Airport Road. Turn right onto Airport Road. Pass under US Hwy 74 bypass, site is on right Between the Marks Creek bridge and the Progress Energy power transmission right-of- way. I hereby authorize, \J5V- to act in my behalf as my agent in the processing of this application and to furnish, upon request, supplemental information in support of this permit application. N H 4346, Jul 97 EDITION OF FEB 94 IS OBSOLETE. (Proponent; CECW-OR) 16. Nature of Activity W- a(?..ol ur(-, r, enn.wrre.m 1 See Attachment A 10. Project Purpose lb-l(v rn.,!(a -1 v (. (.,.,., (,, th, Jr.1-1, ..(< "or-r/...... See Attachment A USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATFRIAI IS TO BE DISCHARGED 20. Reason(s) for Discharge Permanent fill associated with road construction. 21. Type(s) of Material Beinq Discharqed and the Amount of Each Tvoe in Cubic Yards Soils and rip-rat). Exact amount unknown at this time. . 22. Surface Area in Acres of Wetlands or Other Waters Filled .•.......u-,-, See Attachment A and Wetland Delineation Report (Attachment t3) 23. Is Any Portion of the Work Already Complete? Yes = No ` IF YES. DESCRIBE THE COMPLFTFO WORK 24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (If more than can be entered here, please attach a supplemental list). See Attachment A 25. List of Other Certifications or ApprovalsiDenials Received from other Federal, State or Local Agencies for Work Described in This Application. AGENCY TYPE APPROVAL' IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED 'Would include but is not restricted to zoning, building and flood plain permits See Attachment A 26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in this application is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the July autt orized agent of the applicant. )? r 3 I- v ?' c? L? ?3! /C .U S:t, ' I SIGNATURE OF APPLICANT DATE SIGNATURE AGENT DATE The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized agent if the statement in block 11 has been filled out and signed. 16 U.S.C. Section 1001 provides that Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be fined not more than 510,000 or imprisoned not more than five years or both. 0 0 0 ATTACHMENT A 16. OTHER LOCATION DESCRIPTIONS The facility is approximately 2.5 miles southwest of Hamlet, west of Airport Rd. and south of Marks Creek near the intersection of Highway 74 bypass and Airport Road. Coordinates for the site are 34.8412°N, 79.7334°W. 18. NATURE OF ACTIVITY North Carolina Electric Membership Corporation (NCEMC) proposes to build a simple-cycle electric generation facility in central North Carolina's Richmond County. A 258-acre parcel will be purchased for siting the facility, with approximately 15 to 20 acres required for facility construction. The property borders a Progress Energy Corporation (PEC) existing transmission right-of-way and is opposite PEC's Richmond County Generating Facility. The generation facility will be centrally located on the property's southern portion which currently consists primarily of pine plantation. Access to the site will be from the northeast from Airport Road. Access to the site will require crossing the unnamed tributary to Marks Creek and its associated wetlands. The proposed activity consists of filling of jurisdictional wetlands associated with the intermittent stream and construction of the access road to the site. Drawing RICH-050-S100D' is a plan view of the proposed crossing. The length of the wetland crossing is 210 feet. It will consist of an asphalt surfaced road with an 8-inch deep aggregate base underlain by a12-inch prepared subgrade. Drawing RICH-050-S104D is a typical cross-section of the road surface. Two 6-foot diameter culverts of approximately 150 feet in length will be used to allow water movement under the road. The culverts have been designed to pass the 100-year storm (8.1 inches of rainfall in 24 hours) flow 416 cubic feet per second. Drawing RICH-050-S103D is a cross-section view of the road at the culverts. Drawing RICH-050-S105D is a table depicting the dimensions and locations of the culverts, and Drawing RICH-050-S102D is an end-on view of the culverts. Drawing RICH-050- S101 D depicts the culvert outlets in cross-section and plan view. 19. PROJECT PURPOSE NCEMC, in response to the growing energy needs of its membership cooperatives, is proposing to install, operate and maintain two simple-cycle generation facilities in central North Carolina. The Richmond County site will be comprised of five pairs of combustion turbines with a total capacity of 280 MW. Each will be fired with natural gas with fuel oil as a backup supply. The facilities will function as peaking plants that will operate on a limited annual basis, primarily during periods when short-term electrical demand exceeds base load and intermediate supply. Hence, the facilities will run intermittently, primarily during the peak demand hours of the summer months and to a limited extent 0 May,zoos during winter periods. The projects may also operate in times of emergency supply situations such as the loss of generating capacity within the system. The proposed activity entails construction of an access road to the generation site, which will require filling approximately 0.75 acre of jurisdictional wetlands. Construction of the access road is tentatively scheduled to begin in October 2005. Construction of the generation facility is scheduled to begin in March 2006, with completion of construction scheduled in August 2007. The facility is expected to be operational by November 2007. 22. SURFACE AREA IN ACRES OF WETLANDS OR OTHER WATERS FILLED The project will require filling of 0.75 acres of wetlands associated with an unnamed tributary to Marks Creek. A description of the wetlands is included in Attachment B - Wetland Report. The construction sequence will be as follows: 1. Clear and grub upland area on north side of access road from tie in point at Airport Road to a point prior to reaching creek. 2. Provide erosion and sediment control features as indicated on approved ESC drawings. 3. Grade north side of road which will produce enough cut to place fill at creek crossing. 4. Ensure the bypass channels necessary to dewater the crossing site are stable before diverting the stream. Upon completion of the crossing, fill, compact, and stabilize the bypass channel appropriately. 5. Remove beaver dam and reroute creek. 6. Excavate in creek and install approved subgrade for culverts and fill material. 7. Place culverts and riprap apron. 8. Finish filling area for road construction. 9. Install riprap on side slopes on both upstream and downstream ends at culverts. 10. Begin road work on the south side from the creek to the main project site. E 24. ADDRESSES OF ADJOINING PROPERTY OWNERS, WHOSE PROPERTY ADJOINS THE WATERBODY. Carolina Power & Light (Progress Energy Carolinas, Inc.), 411 Fayetteville Street, Raleigh, NC 27602. Alex Morrison, 1334 Airport Road, Hamlet, NC 28345. Pate ZV Inc., PO Box 159, Laurel Hill, NC 28351. James E. Standridge, 1511 Airport Road, Hamlet, NC 28345. Walton Lee Standridge, 1511 Airport Road, Hamlet, NC 28345. Annie L. Brady, 407 Bryan Street, Rockingham, NC 28379. 2 May, 2005 a Henry J. Antos & Beth Weis, 2366 Hwy 73 East, Mt. Gilead, NC 27306. 25. List of Other Certifications or Approvals/Denials Finding of No Significant Impact under NEPA issued by USDA, Rural Utilities Service Clearance from State Historic Preservation Office Clearance from U.S. Fish and Wildlife Service Zoning Consistency Determination from Richmond County Air Construction Permit Richmond County - Erosion and Sediment Control permit (application to be submitted June 2005) Richmond County - Street and Driveway Access permit (application to be submitted June 2005) May, 2005 G .7 C. Lr) 0 Lri II ? O 0 4,0 J ED ON 0<0 w WETLAND ? _ 78 • • WETLAND DISTURBANCE= 0.75 ACRES ,N--es 0 - s - NEA?ND •• U - -INSTALL STONE- CHEGK-, __-DAMS- AT- INTEfZV L5 R TYP 19.16702 60' 30' 0 60' 120' BLACK & VEATCH INTERNATIONAL COMPANY NORTH CAROLINA 27838 O BOX 33388 RALEIGH ® P . . . E CINEER ORA SKW SAC A 05/26/05 ISSUED FOR INFORMATION SAC SKW SKW JCD CH CKEO DA NO DATE REVISIONS AND RECORD OF ISSUE DRN DES CHK POE APP NCEMC PEAKING PLANT PROJECT PROJECT DRAWING NUMBER REV 138783-SK-S0001 R CREEK CROSSING CODE -050-S100D RICH RICHMOND SITE AREA COL36621 ACAD 15.05 AlASLO11 A2 1=1 05/26/05 11.33:17 0 0 0 m X In n M ;Q C3 m pZC13 N -I xm? C5 V Z 0 o M 90 m z n .0 D m P-4 > O C) +? (A ' k = ROAD z ;u 0 O D TYPICAL FILL SECTION I TYPICAL CUT SECTION U) U r m Z Z O D 3'-0' SHOULDER 1S'-a' 3'-D° SHOULDER G> o I EXISTING GRADE 2% 3 FINSHED GRADE O ? rn O 1? o":D O9D O::0-r, -0 "o.:D•o-DD Oj.?1 m N J, 3 FINISHED GRADE Z s N GRAVEL SURFACE CH-DOO-51440 SO= y C 65 m 0 -0 Z ;Q TYPICAL ASPHALT SURFACE ROAD SECTION o m W Q m --nn NO SCALE v m c 0 0 O W 0 -> I LA o ' z V1 N LA D m 4' ASPHALT SURFACING MIN m C7 D z g' AGGREGATE BASE MIN 2 O I Z m N XX/l X??? 12' PREPARED SUBGRADE MIN O c ti O ; _ CA m cn SECTION 2 O NO SCALE 01 D A n 0 • 0 COL36621 ACAD 15.05 AlASLO11 A2 1=1 05/26/05 11:33:17 X M n o rn o cn ° z D S?o rn g ° _r< m ;R so =O D DA EW R>O n jz= < Z :U . D n O 0 Q 1- M Z Z O D ? 5EE FlFARTWAO K r-TW CF RW/nmSi CMDE ELEVA FOR IEDARELEN(S J ? 7 G?IO1E fOm] ?' ?''! v (ii O WLVE319 MRH RFSiAP (LLB 1C) G CFIP ?}? pp \ ? o?mo-eP Fll1I MP RAP AFICIN \ TABLE FOR SCE SEE CULVERT INVERT EL c- N S;m TARLL T V TAaz rn A ? (?_/1 C ANTI-SEEP CDLLAR a-d SuAlEl -r. L 0 m /ia7Ap - ? l L AA IlIr LN1fRlIl 6?f£ALFEA Y W EJi7ff'LL YRfN 7 SiDYE !EC EAMIR"R ? Si{'?FlG4TDM CUYPACLIOI RSDL1FtF7AWLL 0 O Z Cu J m m r) 0 co 0 o D Z SECTION 1 x 5 NO SCALE I c: CA m Z O N O n O n Z O c: m ? O m n _ LA v m En O 13 o • • s COL36621 ACAD 15.05 AlASLO11 AZ 1=1 05/26/05 11:33:17 M 0 f7 - Z o M M A C13 c-) m Z C) Z ' D O O O U) U ? r a j a Z I Z o --? NO. TYPE DIAMETER MATERIAL ELEVATION ELEVATION BARRELS o C!? m C-2 8772.75 3744.13 9802.48 3599.01 148' 263.00 262.00 FLARED ENO B,-(r 1 CHIP n ? N O C m o (A p D o p Z7 m A -n J mm co Q O 0 LA I O I LA o '' °z N i C ? (n m z v cn 2 Q p O z n CD z O m ti m n O M x X -0 o En O m D O v 4m CULVE RT TABL E CENTERLINE COORDINATES INLET aUTLET NUMBER CULVERT INLET END OUTLET END LENGTH INV INV END PIPE OF PIPE NORTH EAST NORTH EAST C-1 6785.54 3746.70 9814.58 3603.05 147' 263.00 262_DO FLARED END 8'-(T 1 CHIP 11 COL36621 ACAD 15.05 AlASLO11 A2 1=1 05/26/05 11:33:17 is is i z n x z m z n o m A ®. 10 'Zo 9 M x $5O Z 90 m 0 ?om n .o D m K M Z D3 R> O 0 G7 D > z_ z;o . n m O 0 Q <n Lf) r ? a mZ o a -p o cn C-1 C-2 N p L 0 2'-Ef THICK RIPRAP (Q,o- 10") A a I r] ??5r ? ?; x? S ' S N C OVER E)CCAVATE UNDER CULVERT/ROADWAY g, Z UNTIL A SUITABLE MATERIAL IS REACHED. 13ACKFILL WITW #57 STONE_ SEE EARTHWORK In 5PECIFICATION FOR COMPACTION REQUIREMENTS ° m c Z ? SECTION 3 o li o z a NO SCALE m Cry ° I (A o zz I c rn m C-) 00 z v z cn n 2 O W C m 7c cn O m x n x I LA o cl) O m N O D > *u 0 v o 0 E n ul 0 to r II N? Q ? L0 ?O ?o", J L ,n N O?uj U Q 0 6,-OH (MIN) 2'-0,0 (MIN) SEE CULVERT TABLE AND 4 SEDIMENT BASIN TABLE FOR INV EL 2.5 TO BOTTOM F AGGREGATE (ROAD) BASE 0% SLOPE FLOW ~ FILTER FABRIC CREEK CROSSING CULVERT OUTLETS NO SCALE BLACK & VEATCH INTERNATIONAL COMPANY NORTH CAROLINA 27938 O BOX 33398 RALEIGH 0 P . . , ENGINEER DRAWN SKW SAC A 05/26/05 ISSUED FOR INFORMATION SAC SKW SKW JCD CHECKED DATE NO DATE REVISIONS AND RECORD OF ISSUE DRN DES CHK POE APP NCEMC PEAKING PLANT PROJECT PRDJECT DRAWING NUMBER REv 138783-SK-S0002 A CREEK CROSSING CODE 0 S101 - RICH-05 RICHMOND SITE AREA ATTACHMENT B Wetland Delineation Report North Carolina Electrical Membership Corporation Proposed Power Generation Facility Richmond County, North Carolina May 28, 2005 Introduction ENSR performed a wetland delineation at the North Carolina Electrical Membership Corporation (NCEMC) proposed Richmond County facility to ascertain whether jurisdictional wetlands or other Waters of the United States occur on the property. NCEMC is proposing to build a new power generation facility and has selected a site in Richmond County, southeast of Rockingham. The proposed facility is approximately 2.5 miles southwest of Hamlet, west of Airport Road and south of Marks Creek near the intersection of Hwy 74 Bypass and Airport Road (Figure 1). The facility footprint has been located in an upland area of the site south of the intermittent stream indicated on the 7.5 Minute USGS Ghio, North Carolina, Quadrangle used to develop Figure 1. No wetlands or waters of the U.S. are located within the facility footprint. The proposed access road to the facility was selected to follow an existing unimproved road (i.e., jeep trail) depicted on the 7.5 Minute USGS Ghio, North Carolina, Quadrangle (Figure 1). This location exhibits the narrowest part of the wetland/intermittent stream and would thus have the least impact. Connection of power lines to an existing substation located adjacent to the southwestern property boundary will require clearing a forested area west of the facility footprint. Methods ENSR visited the study area within the proposed NCEMC site on two separate trips, June 4, 2004 and April 28, 2005. The purpose of these visits was to make a field determination for the presence or absence of jurisdictional wetlands and Waters of the United States. The determination followed the protocol outlined in the Corps of Engineers Wetland Delineation Manual (Environmental Laboratory 1987), which includes an assessment of vegetation, soils, and hydrology. The methods and findings of the wetland determination are provided below. The determination was limited to areas that would potentially be disturbed by the proposed plant construction, and focused on the proposed route for the access road to the facility from Airport Road and the area for a power line crossing west of the generation facility (Figure 1). Plant community types within the proposed study area were identified, and the wetland plant indicator status for each plant species was recorded from the National List of Plants that Occur in Wetlands: Southeast (Region 2). The wetland indicator status identifies the frequency with which each plant species is estimated to be found within wetlands as opposed to uplands. Obligate Wetland (OBL) plants are those believed to be found within wetlands more than 99 percent of the 10 time. Facultative Wetland (FACW) plants are found in wetlands from 67 to 99 percent of the time; Facultative (FAC) plants are found in wetlands 33 to 66 percent of the time; Facultative Upland plants are found in wetlands from 1 to 33 percent of the time; and Obligate Upland (UPL) plants are found in wetlands less than 1.0 percent of the time. The wetland indicator status is further refined by a + meaning it is on the wetter end of the probability range, or by a - indicating it is found in wetlands with a probability near the drier end of the defined range of the probabilities. If more than 50 percent of the dominant species in a community are found to have a wetland indicator status of OBL, FACW, or FAC (excluding FAC-), the vegetation is determined to be hydrophytic or wetland. Soils were determined on-site with the use of a "sharpshooter" shovel, and by excavating test pits at certain locations, and then were assessed as either hydric (wetland) or non-hydric per criteria outlined in the Corps Manual. The hydrology within the construction area was also assessed per protocol outlined in the Corps Manual. Areas within the site that were found to contain hydrophytic vegetation, hydric soils, and exhibit wetland hydrology were determined to be wetlands. As specified in the Corps Manual, any communities that lack one or more of these three mandatory wetland parameters are determined to be non-wetland. Waters of the United States include wetlands and tributaries to navigable waters. The latter may include intermittent and ephemeral streams, which are characterized based on channel geometry, morphology, and hydrology. Results Topography - The surrounding terrain is typical of the Sandhills region with rounded, gently sloping hills. The elevation of the site ranges from 330 feet Mean Sea Level in the southeastern corner of the property to about 230 feet near the northern property boundary near Marks Creek (Figure 1). Hydrology - An unnamed tributary to Marks Creek bisects the property, originating in the southeastern portion of the property. It flows from southeast to northwest and is depicted on the USGS Quadrangle as intermittent. Much of the area surrounding the tributary has evidence of being periodically inundated, in large part due to beaver activity within the watershed. Wetland hydrology indicators observed during the delineation include: locally inundated, saturated in upper 12 inches, drift lines, sediment deposits, drainage patterns in wetlands, water stained leaves, and oxidized root channels. Vegetation - The vegetation within the subject site could be classified into two community types described below. Streamhead Pocosin: This community exists along the unnamed tributary to Marks Creek and in the low areas of the site along ravines. The dominant trees in this community are Red maple (Acer rubrum) FAC, Tulip poplar (Liriodendron tulipifera) FAC, and Swamp tupelo (Nyssa biflora) OBL and scattered Pond pine (Pinus serotina) FACW+, Atlantic white cedar (Chamaecyparis thyoides) OBL, Loblolly pine (Pinus taeda) FAC, sweetbay magnolia (Magnolia virginiana) FACW+, and Sweetgum (Liquidambar styraciflua) FAC+. There is a dense shrub layer present dominated by Gallberry (Ilex glabra) FACW, Inkberry (Ilex coriacia) FACW, Fetterbush (Lyonia lucida) FACW, Sweet pepperbush (Clethra alnifolia) FACW, and Ti-ti (Cyrilla racemiflora) FACW. Laurel-leafed greenbriar (Smilax laurifolia) FACW+ is the dominant vine in this community. The herb layer is dominated by Netted chainfern (Woodwardia areolata) OBL, Cinnamon fern (Osmunda cinnamomea) FACW+, and various sedges (Carex spp.) FAC-OBL. Upland Pine Plantation: This community exists in the upland areas both north and south of the 40 intermittent stream. The generation facility itself will be sited within the pine plantation to the south of the intermittent stream. The dominant tree species in this community is loblolly pine (Pinus taeda) FAC. The shrub layer in this community consists of patches of Chickasaw plum (Prunus angustifolia) and scattered water oak (Quercus nigra), black cherry (Prunus serotina), sassafras (Sassafras albidum), and flowering dogwood (Comus florida). Dominant vines are poison ivy (Toxicodendron radicans) and Virginia creeper (Parteinocissus quinquefolia). The herb layer is very sparse and consists mainly of patches of blackberry (Rubus argutus). Soils Soil Survey Data The soil survey for Richmond County indicates that the majority of the site is underlain by Wakulla and Candor soils. The wetland areas including the stream near the northern boundary of the site are underlain by Johnston Mucky loam, with Ailey Loamy sand underlying the outer wetland fringes. Wakulla and Candor soils are nearly level to gently sloping, very deep and somewhat excessively drained soils. Wakula soils were formed in sandy wind blown, marine, or fluvial sediments and have a sandy surface and subsoil. Candor soils were formed in sandy and loamy Coastal plain sediments and have a sandy surface layer and subsurface layer. 10 The Wakulla series consists of very deep, somewhat excessively drained, rapidly permeable soils that formed in sandy Coastal Plain sediments on uplands and stream terraces. A representative profile of the Wakula series has been described by the NRCS as: Ap--O to 7 inches; dark grayish brown (10YR 4/2) sand E--7 to 24 inches; light yellowish brown (1OYR 6/4) sand Bt--24 to 42 inches; strong brown (7.5YR 5/8) loamy sand C1--42 to 56 inches; yellowish brown (10YR 5/8) sand C2--56 to 83 inches; yellow (10YR 7/6) sand. The Candor series consists of very deep, somewhat excessively drained soils, with moderately rapid permeability in the upper part and moderate to moderately slow permeability in the lower part. They formed in the upper Coastal Plain (Sandhills) on uplands. A representative profile of the Candor series has been described by the NRCS as: A--O to 3 inches; dark grayish brown (10YR 4/2) sand E--3 to 23 inches; light yellowish brown (10YR 6/4) sand Bt--23 to 37 inches; yellowish brown (1OYR 5/6) loamy sand BE--37 to 44 inches; brownish yellow (1OYR 6/6) coarse sand E'--44 to 57 inches; pale yellow (2.5Y 7/4) sand 1311 --57 to 63 inches; light yellowish brown (1OYR 6/4) loamy sand B't2--63 to 69 inches; strong brown (7.5YR 5/8) sandy loam B't3--69 to 80 inches; strong brown (7.5YR 5/8) sandy clay loam. Ailey Loamy sand is nearly level to gently sloping, deep and well-drained. They formed in sandy and loamy marine sediments and have a sandy surface layer and loamy subsoil. The Ailey series consists of deep to densic, well-drained to somewhat excessively drained soils formed on uplands in the middle and upper Coastal Plain with slow permeability. Typical landscape positions for Ailey soils are interfluves and side slopes. A representative profile of the Ailey series has been described by the NRCS as: Ap--O to 5 inches; dark grayish brown (10YR 4/2) loamy sand E--5 to 24 inches; yellowish brown (10YR 5/4) loamy sand Btl--24 to 29 inches; yellowish brown (10YR 5/8) sandy loam Bt2--29 to 36 inches; yellowish brown (10YR 5/8) sandy clay loam Btx--36 to 50 inches; mottled yellowish brown (10YR 5/8), strong brown (7.5YR 5/6) and red (2.5YR 4/8) sandy clay loam 2Cd--50 to 72 inches; red (2.5YR 4/8) sandy loam and coarse sandy loam; common coarse distinct strong brown (7.5YR 5/6) soft masses. Johnston Mucky Loam is nearly level, very deep and very poorly drained. They formed in stratified loamy fluvial sediments and have a loamy surface layer and subsoil. ® The Johnston series consists of very deep, very poorly drained, moderately permeable soils that form in floodplains in the lower to upper Coastal Plain. A representative profile of the Johnston series has been described by the NRCS as: A--O to 30 inches; black (10YR 2/1) mucky loam Cgl--30 to 34 inches; dark gray (10YR 4/1) loamy fine sand Cg2--34 to 60 inches; gray (10YR 5/1) fine sandy loam. Site-Specific Data Soils across the study area were observed with the aid of a "sharphooter" shovel. Three test pits were dug within the area of proposed construction. Soils observed on the site were observed to closely match published descriptions for the aforementioned soil series as described in the Soil Survey of Richmond County, North Carolina (NRCS 1999). The first test pit was dug within the wetland area near the beaver pond where the proposed road crossing will occur. Water filled up the pit to approximately 6 inches below the soil surface. The test pit profile is described as follows: ® Oi-- +1 to 0 inches; black (10YR 2/1) A-- 0 to 16 inches; black (10YR 2/1); mucky loam The second test pit was excavated on the wetland fringe, near the power line right-of-way on the western portion of the proposed site property. Water filled the pit to approximately 11 inches below Ageft the soil surface. The test pit profile was described as follows: A-- 0 to 4 inches; dark gray (10YR 4/1); loamy sand E-- 4 to 7 inches; grayish brown (10YR 5/2); loamy sand Bt-- 7 to 16+ inches; yellowish brown (10YR 5/4); sandy clay loam Few, medium, prominent (f2p) 5YR 5/8 mottles The third and last test pit was dug in an upland position on the eastern portion of the subject property approximately 200 feet west of Airport Road. The test pit profile was described as follows: A-- 0 to 4 inches; light olive brown (2.5Y 5/3); fine sandy loam E-- 4 to 7 inches; pale brown (10YR 6/3); fine sandy loam Bt-- 7 to 16+ inches; strong brown (7.5YR 5/6); sandy clay loam Summary and Conclusion There is an intermittent stream (an unnamed tributary to Mark's Creek) that drains adjacent property to the south, enters the site at its boundary with the PEC transmission ROW, and traverses the property from the southeast to the northwest. A series of beaver dams within the intermittent stream on the property have resulted in ponding that has created hydrologic conditions conducive to development of both emergent and forested wetlands along the entire length of the stream. The unnamed tributary to Mark's Creek and its associated wetlands were determined to be jurisdictional waters. The wetland boundary was delineated with the use of a GPS (Figure 2). The three mandatory wetland parameters were observed within the area delineated as a wetland (see Appendix A for photos and data forms). The wetland area in the vicinity of the proposed road crossing to access the generation facility site was identified as Wetland 1 in Figure 2. Approximately 0.75 acres of this wetland will be impacted by development of the site, for which an application for an Individual Permit has been prepared. Connection to the Progress Energy substation located adjacent to the southwest property boundary will require crossing the forested wetland area identified as Wetland 4 in Figure 2. This area will be hand-cleared and will not be subject to any fill activity, thus no loss of wetlands will occur. • 11 Map Location NCEMC vrv Richmond County Site KY VA ? Site Layout NC TN 1 I ,?, Image Source: USGS Topographic Map, Ghio, N i 0 1 250 2 500 Feet 0 120 240 360 48 SC OA Meters EWR.. Figure: 1 Date: September, 2004 Project Number: 10597-002 a Wetland Line 1 ,J Wetland Line 4 1 Wetland Line 2 °° o0 CQ ° 0 Wetland Line 3 1 0 ? 'A 11 I&M. Map Location NCEMC KY wv VA Richmond County Generation Facility IN 1-- J I f Wetlands - ? l ?lISrC l )C Figure: 2 1 rkl _ 0 255 510 1,020 1,530 2,040 Feet Date: May 2005 Sc GA 0 125 250 375 500 Meters ?? ?, Project Number: 10597-002-323 Appendix A E Photos View north toward Wetland 1 east of proposed crossing. Note upland area in foreground and emergent wetland with open water in area impounded by old road and beaver dam. • View north toward Wetland 1 from southern end of proposed crossing. Emergent wetland area with open water is to right. 0 View NE along old jeep trail and proposed crossing of Wetland 1. Emergent wetland with open water is to right. Area to left is forested wetland. U View east toward emergent wetland area at proposed crossing. 0 11 Wetland Data Form E El L-J CJ DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Determination Manual) Project / Site: NCEMC Richmond County Date: June 4. 2004 Applicant / Owner: County: Richmond Investigator: State: NC Do normal circumstances exist on the site? Yes X No Community ID: Is the site significantly disturbed (Atypical situation)? Yes No X Transect ID: Is the area a potential problem area? Yes No X Plot ID: Wetland (explain on reverse if needed) VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. I cer rabrunt T FAC 9. Smilax laurifolia V FACW+ 2. Liriodeudron tali >r era T FAC 10. Woodwardia areolata H OBL 3. Nyssa bi/lora T OBL 11. Osmunda cinnamoinea H FACW+ 4. llexglabra S FACW 12. Carex spp. H FAC-013L 5. //ex coriacia S FACW 13. 6. Lyonia hicida S FACW 14. 7. Clethra alnii olio S FACW 15. 8. Cyrilla race»riflora S FACW 16. 11 Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). 100 Remarks: HYDROLOGY Recorded Data (Describe In Remarks): Wetland Hydrology Indicators _ Stream, Lake, or Tide Gauge Aerial Photographs Primary Indicators: Other X Inundated (locally) X Saturated in Upper 12" X No Recorded Data Available Water Marks Drift Lines Field Observations: X Sediment Deposits x Drainage Patterns in Wetlands Depth of Surface Water: localized (in.) Secondary Indicators: Oxidized Roots Channels in Upper 12" Depth to Free Water in Pit: 8 (in.) x Water-Stained Leaves Local Soil Survey Data _ FAC-Neutral Test Depth to Saturated Soil: 8 (in.) Other (Explain in Remarks) Remarks: SOILS Map Unit Name (Series and Phase): - Johnston mucky loam Drainage Class: very poorly drained Taxonomy (Subgroup): thermic Cumulic Humaquepts Confirm Mapped Type? Yes No _X Profile Description: Depth Matrix Colors Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. +1-0 Oi IOYR 2/1 0-16 A 10YR 2/1 mucky loam Hydric Soil Indicators: Histosol Concretions Histic Epipedon High Organic Content in Surface Layer in Sandy Soils Sulfidic Odor -Organic Streaking in Sandy Soils Aquic Moisture Regime Listed On Local Hydric Soils List x Reducing Conditions Listed on National Hydric Soils List x Gleyed or Low-Chroma Colors -Other (Explain in Remarks) Remarks: WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes X No Wetland Hydrology Present? Yes X No Hydric Soils Present? Yes X No Is the Sampling Point Within a Wetland? Yes X No Remarks: Upland Data Form DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Determination Manual) Project / Site: NCEMC/ Richmond County Date: June 4, 2004 Applicant / Owner: County: Richmond Investigator: State: NC Do normal circumstances exist on the site? Yes X No Community ID: Is the site significantly disturbed (Atypical situation)? Yes No X Transect ID: Is the area a potential problem area? Yes No X Plot ID: Upland (explain on reverse if needed) VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. Pines taeda T FAC 9. 2. Parthenocissus 7uinquefolia V FAC 10. 3. Ouercus nigra S FAC 11. 4. Cornus Florida S FACU 12. 5. Prnnus serotina S FACU 13. 6. 14. 7. 15. 8. 16. Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC+ 60 Remarks: HYDROLOGY Recorded Data (Describe In Remarks): Wetland Hydrology Indicators Stream, Lake, or Tide Gauge Aerial Photographs Primary Indicators: Other Inundated -Saturated in Upper 12" X No Recorded Data Available Water Marks Drift Lines Field Observations: Sediment Deposits Drainage Patterns in Wetlands Depth of Surface Water: 0 (in.) Secondary Indicators: Oxidized Roots Channels in Upper 12" Depth to Free Water in Pit: >18 (in.) Water-Stained Leaves Local Soil Survey Data Depth to Saturated Soil: >18 (in.) FAC-Neutral Test Other (Explain in Remarks) Remarks: SOILS El- Map Unit Name (Series and Phase): Wakulla and Candor Soils Drainage Class: somewhat excessively drained thermic Psammentic Hapludults Taxonomy (Subgroup): thermic Grossarenic Kandiudults Confirm Mapped Typo? Yes_ No X Profile Description: Depth Matrix Colors Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0-4 A 2.5Y 5/3 fine sandy loam 4-7 E I0YR 6/3 fine sandy loam 7-16+ Bt 7.5YR 5/6 sandy clay loam Hydric Soil Indicators: _ Histosol _ Concretions Histic Epipedon _ High Organic Content in Surface Layer in Sandy Soils Sulfidic Odor - Organic Streaking in Sandy Soils Aquic Moisture Regime Listed On Local Hydric Soils List Reducing Conditions Listed on National Hydric Soils List Gleyed or Low-Chroma Colors _ Other (Explain in Remarks) Remarks: WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes Wotland Hydrology Present? Yes Hydric Soils Present? Yes Remarks: No X Is the Sampling Point No X Within a Wetland? Yes_ No X No X L .J ATTACHMENT B RURAL UTILITIES SERVICE FONSI 0 Federal Register/Vol. 70, No. 26/Wednesday, February 9, 2005/Notices 6831 roads would be constructed and decommissioned after use; 17 miles of existing roads would be closed; 15 miles of existing roads would be permanently decommissioned; and 117 miles of existing roads would be reconstructed to sustain project use and reduce water quality impacts. Lead Agency The USDA Forest Service is the lead agency for this proposal. Responsible Official Plumas National Forest Supervisor James M. Pena is the responsible official. Plumas National Forest, PO Box 11500, Quincy, CA 95971. Nature of Decision To Be Made Forest Supervisor James M. Pena will decide whether to implement the Empire Project as proposed and described above, implement the project based on an alternative to this proposal that is formulated to resolve identified conflicts, or not implement this project at this time. Scoping Process Public questions and comments regarding this proposal are an integral part of this environmental analysis process. Comments will be used to identify issues and develop alternatives to the proposed action. To assist the Forest Service in identifying and considering issues and concerns on the proposed action, comments should be as specific as possible. A copy of the Proposed Action and/ or summary of the Proposed Action will be mailed to adjacent landowners, as well as those people and organizations that have indicated a specific interest in the Empire project, individuals who attended the two open houses held prior to the development of a landscape assessment for the watersheds surrounding the project, people who sent in previous comments, to Native American entities, and federal, state, and local agencies. The public will be notified of any meetings regarding this proposal by mailings and press releases sent to the local newspaper and media. There are no meetings planned at this time. Permits or Licenses Required An Air Pollution Permit and a Smoke Management Plan are required by local agencies. Comment will guide development of the EIS. Our desire is to receive substantive comments on the merits of the Proposed Action, as well as comments that address errors, misinformation, or information that has been omitted. Substantive comments are defined as comments within the scope of the proposal, that have a direct relationship to the proposal, and that include supporting reasons for the Responsible Official's consideration. Early Notice of Importance of Public Participation in Subsequent Environmental Review A draft environmental impact statement will be prepared for comment. The comment period on the draft environmental impact statement will be 45 days from the date the Environmental Protection Agency publishes the notice of availability in the Federal Register. The Forest Service believes, at this early stage, it is important to give reviewers notice of several court rulings related to public participation in the environmental review process. First, reviewers of draft environmental statements must structure their participation in the environmental review of the proposal so that it is meaningful and alerts an agency to the reviewer's position and contentions. Vermont Yankee Nuclear power Corp v. NRDC, 435 U.S. 519, 553 (1978). Also, environmental objections that could be raised at the draft environmental impact statement stage but that are not raised until after completion of the final environmental impact statement may be waived or dismissed by the courts. City of Angoon v. Hodel, 803 F.2d 1016, 1022 (9th Cir. 1986) and Wisconsin Heritages, Inc. v. Harris, 490 F. Supp. 1334, 1338 (E.D. Wis. 1980). Because of these court rulings, it is very important that those interested in this proposed action participate by the close of the 45- day comment period so that substantive comments and objections are made available to the Forest Service at a time when it can meaningfully consider them and respond to them in the final environmental impact statement. To assist the Forest Service in identifying and considering issues and concerns on the proposed action, comments on the draft environmental impact statement should be as specific as possible. It is also helpful if comments refer to specific pages or chapters of the draft statement. Comments may also address the adequacy of the draft environmental impact statement or the merits of the alternatives formulated and discussed in the statement. Reviewers may wish to refer to the Council on Environmental Quality Regualtions for implementing the procedural provisions of the National Environmental Policy Act at 40 CFR 1503.3 in addressing these points. Comments received, including the names and addresses of those who comment, will be considered part of the public record on this proposal and will be available for public inspection. (Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook 1909.15, Section 21) Dated: February 3, 2005. Terri Simon-Jackson, Acting Forest Supervisor. [FR Doc. 05-2494 Filed 2-8-05; 8:45 am] BILLING CODE 3410-11-M DEPARTMENT OF AGRICULTURE Forest Service Notice of Southwest Idaho Resource Advisory Committee Meeting AGENCY: Forest Service, USDA. ACTION: Notice of meeting. SUMMARY: Pursuant to the authorities in the Federal Advisory Committee Act (Pub. L. 92-463) and under the Secure Rural Schools and Community Self- Determination Act of 2000 (Pub. L. 106- 393), the Boise and Payette National Forests' Southwest Idaho Resource Advisory Committee will conduct a business meeting, which is open to the public. DATES: Wednesday, February 16, 2005, beginning at 10:30 a.m. ADDRESSES: Idaho Counties Risk Management Program Building, 3100 South Vista Avenue, Boise, Idaho. SUPPLEMENTARY INFORMATION: Agenda topics will include review and approval of project proposals, and is an open public forum. FOR FURTHER INFORMATION CONTACT: Doug Gochnour, Designated Federal Officer, at 208-392-6681 or e-mail dgochnou ,1 fs.fed.us. Dated: January 3, 2005. Richard DI. Christensen, Engineering, Lands, and Minerals Officer, Boise National Forest. [FR Doc, 05-2485 Filed 2-8-05; 8:45 am] BILLING CODE 3410-11-M DEPARTMENT OF AGRICULTURE Rural Utilities Service: North Carolina Electric Membership Corporation; Notice of Finding of No Significant Impact AGENCY: Rural Utilities Service, USDA. This notice of intent initiates the scoping process which guides the development of the environmental impact statement under NEPA, which 6832 Federal Register/Vol. 70, No. 26 / Wednesday, February 9, 2005/Notices s E 11 telephone at (919) 872-0800 or e-mail at ACTION: Notice of Finding of No Significant Impact. SUMMARY: Notice is hereby given that the Rural Utilities Service (RUS) has made a Finding Of No Significant Impact with respect to a request from North Carolina Electric Membership Corporation for financing assistance from RUS to finance the construction of a 336 megawatt (MIV), simple-cycle combustion turbine electric generating facility in Anson County North Carolina, and a 280 MW simple-cycle combustion turbine electric generation facility in Richmond County, North Carolina. FOR FURTHER INFORMATION CONTACT: Lawrence Wolfe, Engineering and Environmental Staff, RUS, Stop 1571, 1400 Independence Avenue, SW., Washington, DC 20250-1571, telephone (202) 720-5093, e-mail lorry. ivol feC usda.gov. SUPPLEMENTARY INFORMATION: North Carolina Electric Membership Corporation proposes to construct and operate two sinnple-cycle combustion turbine electric generation projects. A 336 MW facility is proposed at a site located approximately 4 miles cast of Lilesville, just to the north of Blewett Falls Road (SR 1745) and south of McCoy Creek in Anson County, North Carolina. Approximately 20 acres of the 178 acre site will be needed for the generation facility. The other project consists of a 280 MW facility proposed at a site approximately 2.54 miles southwest of Hamlet ',vest of Airport Road and south of Marks Creek in Richmond County, North Carolina. Approximately 20 acres of the 258 acre site will be needed for the generation facility. This facility will also require the construction of 7.8 miles of 230 kV transmission line between the Rockingham Substation and the Richmond Substation. The transmission line will be constructed and operated by Progress Energy. North Carolina Electric Membership Corporation is expected to finance the cost of the project through an RUS guarantee. Specific information on the facilities to be constructed and their locations are provided in the environmental assessment. Copies of the Finding of No Significant Impact are available from RUS at the address provided herein or from June Small, North Carolina Electric Membership Corporation, P.O. Box 27306, Raleigh, North Carolina 27611- 7300. Ms. Small may be contacted by june.smal1c, 11 Celli Cs. coil]. Dated: February 4, 2005. James K. Newby, Assistant Administrator, Electric Program. [FR Doc. 05-2515 Filed 2-8-05; 8:45 amt BILLING CODE 3410-15-P DEPARTMENT OF COMMERCE International Trade Administration [A-475-8181 Notice of Final Results of the Seventh Administrative Review of the Antidumping Duty Order on Certain Pasta from Italy and Determination to Revoke in Part AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On August 6, 2004, the Department of Commerce published the preliminary results and partial rescission of the seventh administrative review and revocation of the antidumping duty order in part, for the antidumping duty order on certain pasta from Italy. The review covers eight manufacturers/exporters of the subject merchandise: (1) Barilla Alimentare, S.p.A. (Barilla), (2) Corticella Molini e Pastifici S.p.A. (Corticella) and its affiliate Pasta Combattenti S.p.A. (Combattenti) (collectively, Corticella/ Combattenti), (3) Pastificio Guido Ferrara S.r.l. (Ferrara), (4) Industria Alimentare Colavita, S.p.A. (Indalco) and its affiliate Fusco S.r.l. (Fusco) (collectively Indalco), (5) Pasta Lensi S.r.l. (Lensi), (6) PAM S.p.A. (PAM), (7) Pastificio Riscossa F. Illi Mastromauro, S.r.1. (Riscossa), and (8) Pastificio Carmine Russo S.p.A./Pastificio Di Nola S.p.A. (Russo). The period of review (POR) is July 1, 2002, through June 30, 2003. As a result of our analysis of the comments received, these final results differ from the preliminary results. For our final results, we have found that during the POR, Barilla, Corticella/ Combattenti, Indalco, PAM, Riscossa, and Russo sold subject merchandise at less than normal value (NV). We have also found that Ferrara and Lensi did not make sales of the subject merchandise at less than NV (i.e., they have "zero" or de nlinimis dumping margins). We have also determined to revoke the antidumping duty order with respect to subject merchandise produced and also exported by Ferrara and Lensi because cacti company sold the subject merchandise at not less than NV for a period of at least three consecutive years. See 19 CFR 351.222(b)(2) and the "Revocation" section of this notice. The final results are listed in the "Final Results of Review" section below. EFFECTIVE DATE: February 9, 2005. FOR FURTHER INFORMATION CONTACT: Mark Young, AD/CVD Operations, Office 3, Import Administration, International Trade Administration, U.S. Department of Commerce, Washington, D.C. 20230; telephone: (202) 482-6397. SUPPLEMENTARY INFORMATION: Background On August 6, 2004, the Department published the preliminary results of the seventh administrative review of the antidumping duty order on certain pasta from Italy. See Notice of Preliminary Results, Partial Rescission of Antidumping Duty Administrative Reviety and Revocation of the Antidumping Duty Order in Part: For the Seventh Administrative Review of the Antidumping Duty Order on Certain Pasta from Italy, 69 FR 47880 (August 6, 2004) (Preliminary Results). Although the Department initiated the review of fifteen companies, we rescinded the reviews of N. Puglisi & F. Industria Pasta Alimentari S.p.A. (Puglisi), La Molisana Industrie Alimentari S.p.a. (La Molisana), Molino e Pastificio Tomasello S.r.l. (Tomasello), Pastificio Antonio Pallante S.r.l. (Pallante) and Industrie Alimentari Molisano S.r.l. (IAM) (collectively Pallante/IAM), Pastificio Fratelli Pagani S.p.A. (Pagani), Rummo S.p.A. Molino e Pastificio (Rummel, and Pastificio Lucia, Garofalo S.p.A. (Garofalo). See the "Background" and "Partial Rescission" section of the Preliminary Results, 69 FR at 47880, 47881. The review covers the remaining eight manufacturers/exporters: Barilla, Corticella/Combattenti, Ferrara, Indalco, Lensi, PAM, Riscossa, and Russo. We invited parties to comment on our Preliminary Results. Petitioners' filed case briefs on September 7, 2004, regarding Barilla, Indalco, and Riscossa. Barilla, Indalco, PAM, Russo, Riscossa, and Lensi each filed case briefs on September 7, 2004. On September 13, 2004, petitioners submitted rebuttal briefs concerning Barilla and Indalco, and Barilla, Riscossa, and Indalco submitted rebuttal briefs. On October 6, 2004, a public hearing was held at the Department of Commerce with respect to Barilla. On November 4, 2004, the Department published the notice of extension of final results of the antidumping administrative review of pasta from Italy, extending the date for 'Petitioners are New World Pasta Company, Dakota Growers Pasta Company, Borden Foods Corporation and American Italian Pasta Company. L.J ATTACHMENT C NEPA ENVIRONMENTAL ASSESSMENT (ELECTRONIC FILE IN CD FORMAT) ® ATTACHMENT D N.C. STATE CLEARINGHOUSE LETTER L] a? swc •.y, 3 North Carolina FL8 16 2005 Department of Administration Michael F. Easley, Governor Gwynn T. Swinson, Secretary February 11, 2005 Ms. June Small NC Electric Membership Cooperation POB 27306 Raleigh, NC 27616 Dear Ms. Small: Re: SCH File # 05-E-0000-0190; EA; Proposal to construction approx. 620 MW of peak generating facilities in Anson and Richmond Counties. The above referenced environmental impact information has been submitted to the State Clearinghouse under the provisions of the National Environmental Policy Act. According to G.S. 113A-10, when a state agency is required to prepare an environmental document under the provisions of federal law, the environmental document meets the provisions of the State Environmental Policy Act. Attached to this letter for your consideration are additional comments made by agencies received after the review close date. The Division of Water Quality had questions of the proposal (seen on DENR form.) If you would a response to my office I will forward to DENR for their information. Should you have any questions, please do not hesitate to call. Thank you for your cooperation. Sincerely, &44-n Ms. Cloys Baggett Environmental Policy Act Coordinator Attachments cc: Region F Region N Mailing Address: Telephone: (919)807-2423 1301 Mail Service Center Fax(919)733-9571 Raleigh, NC 27699-1301 State Courier 451-01-00 e-mail Chrys.Baggett@ncmail.nct An Equal Opportunity/Affirmative Action Employer Location Address: 116 West Jones Street Raleigh, North Carolina Michael F. Easley, Governor NC®ENR North Carolina Department of Environment and Natural Resources William G. Ross Jr., Secretary MEMORANDUM FFE 05 J , d, 0 a c''• ???? ' TO: Chrys Baggett State Clearinghouse FROM: Melba McGee `4w Project Review Coordinator RE: 405-0190, Anson & Richmond Counties, Environmental Analysis for Proposed Parking Generation Facilities DATE: February 9, 2005 The attached comments were received by this office after the response due date. These comments should be forwarded to the applicant and made a part of our previous comment package. Thank you for the opportunity to respond. Attachment 1601 Mail Service Center, Raleigh, North Carolina 27699-1601 Phone: 919-733-49841 FAX: 919-715-30601 Internet: www.enr.state.nc.uslENR An Equal Opportunity k Affirmative Action Employer- 50% Recycled 110% Post Consumer Paper JJCPUrU11t;Ill ul Lllvlruninent, allu 11ULUI "I 11tZUUrCt:J Office of Legislative and Intergovernmental Affairs Project Revicw Form 0 • Prolca Number. Coungr. Date Reeeivod: Date Response Due (firm dmdline): This project is being reviewed as indicated below: Regional Office Regional Ofrcc Area In-House Review 0 Asheville o Soil & Water o Marine Fisheries - -, 2 1 ;0a y ettevtlle - Water 1 - C3 Coastal Management C3 Mooresville Groundwa 4f Wildlife Water Resources ? "P- ' r 2L LJO P 7/- o Raleigh and Quality Engincc Ynvironutental Health o Washington o Recreational Coa sultant orest Resources o Solid Waste Mgmt a Wilmington I 8 910 / D Land Resources o Radiation Protection o Winston-Salem / 6 f Parks & Recreation EL?1r?d4 VED E 8 2005 s N .?cFsvED con 0 W ater Quality JAN 0 3 2005 ? *9 UQA cts o Groundwater OEM FAYMEVILLE RrGIONAL OFFICE o Air Qualit y &tanager Sip -O Rc&n: Duc: la-House Rc%icuer:Agrncy: Response (check all applicable) o No objection to project as proposed. a No Comment C3 Insufficient information to complete review o Other (specify or attach commcrits) zwq- 1?A 'i:r ,4tti'tY1: Q uf,'„"TirMS Oi }l?}i-thr'? :,.;* tvcur ?: ?'Nt? to SLpgrRldr 4p?r' ? t-{ow;s •?4tc oil ? wnsrG =u?M'? ?hk?-%af ?p? ?a?e d; <IOosL >; pfi? KG 1 U KS IV: Melba McGee Environmental Coordinator Office of Legislative & Intergovernmental Affairs State of North Carolina Reviewing Office: ?v f L? 2 O A A NCDENR Department of Environment and Natural Resources - Project Number: ?? ? /9 fl Due Date: INTERGOVERNMENTAL REVIEW - PROJECT COMMENTS After review of this project it has been determined that the DENR permit(s) and/or approvals indicated may need to be obtained in order for this project to comply with North Carolina Law. Questions regarding these permits should be addressed to the Regional Office indicated on the reverse of this form. All applications, information and guidelines relative to these plans and permits are available from the same Regional Office. E-11 411 PERMITS SPECIAL APPLICATION PROCEDURES or REQUIREMENTS Normal Process Time (Statutory Time Limit) ? Permit to construct & operate wastewater treatment Application 90 days before begin construction or award of construction 30 days facilities, sewer system extensions & sewer systems contracts. On-site inspection. Post-application technical conference usual. (90 days) not discharging into state surface waters. ? NPDES-permit to discharge into surface water and/or Application 180 days before begin activity. On-site Inspection preapplication permit to operate and construct wastewater facilities conference usual. Additionally, obtain permit to construct wastewater treatment 90 -120 days discharging into state surface waters. facility-granted after NPDES. Reply time, 30 days after receipt of plans or Issue (N/A) of NPDES permit-whichever is later. ? Water Use Permit Preapplication technical conference usually necessary 30 days (N/A) ? Well Construction Permit Complete application must be received and permit issued prior to the 7 days Installation of a well. (15 days) ? Dredge and Fill Permit Application copy must be served on each adjacent riparian property owner. 55 days On-site Inspection. Preapplication conference usual. Filling may require Easement (? days} - to Fill from N.C. Department of Administration and Federal Dredge and Fill Permit. Permit to construct & operate Air Pollution Abatement facilities and/or Emission Sources as per 15 A NCAC N/A 60 days (2Q.0100, 2Q.0300, 2H.0600) Any open burning associated with subject proposal must be in compliance with 15 A NCAC 20.1900 Demolition or renovations of structures containing asbestos material must be in compliance with 60 days 15 A NCAC 2D.1110 (a) (1) which requires notification N/A (90 days) and removal prior to demolition. Contact Asbestos Control Group 919-733.0820. ? Complex Source Permit required under 15 A NCAC 2D.0800 The Sedimentation Pollution Control Act of 1973 must be properly addressed for any land disturbing activity. An erosion & sedimentation 20 days control plan will be required if one or more acres to be disturbed Plan filed with proper Regional Office (Land Quality Section) at least 30 (30 days) days before beginning activity. A fee of S50 for the first acre or any part of an acre. ? The Sedimentation Pollution Control Act of 1973 must be addressed with respect to the referenced Local Ordinance. 30 days ? Sedimentation and erosion control must be addressed in accordance with NCOOrs approved program. Particular attention should be given to design and installation of appropriate perimeter sediment trapping devices as well as stable stormwater conveyances and outlets. ? Mining Permit On-site Inspection usual. Surety bond filed with DENR. Bond amount varies with type mine and number of acres of affected land Any are mined greater than 30 days one acre must be permitted. The appropriate bond must be received before (60 days) the permit can be issued. ? North Carolina Burning permit On-site inspection by N.C. Division of Forest Resources If permit exceeds 4 days 1 day ' (N/A) ? Special Ground Clearance Burning Permit-22 counties On-site inspection by N.C. Division of Forest Resources required'if more than rive 1 day in coastal N.C.with organic soils acres of ground clearing activities are Involved Inspections should be requested (N/A) at least ten days before actual burn is planned' ? Oil Refining Facilities N/A 90-120 days (N/A) U I Dam Safety Permit E PERMITS ? I Permit to drill exploratory ail or gas well ? i Geophysical Exploration Permit ? I State Lakes Construction permit ?1 401 Water Quality Certification CAMA Permit for MAJOR development ? I CAMA Permit for MINOR development SPECIAL APPLICA11ON PROCEDURES or REQUIREMENTS If permit required, application 60 days before begin construction. Applicant constructionmust hiretN. IsGquali0edaccording englneerto to: preparepians,Inspectccnstruction,certify DENR approved plans. May also require permit under mosquito control program, and a 404 permit from Corps of Engineers. An Inspection of site is necessary to verify Hazard Classification. A minimum fee of $200.00 must accompany the application. An additional processing fee based on a percentage or the total project cost will be required upon completion. File surety bond of $5,000 with DENR running to State of N.C. conditional that any well opened by drill operator shall, upon abandonment, be plugged according to DENR rules and regulations. -------------- Application riled with DENR at least 10 days prior to Issue of permit. Application by letter. No standard application form. Application fees based on structure size is charged. Must include descriptions & drawings of structure & proof of ownership of riparian property. N/A $250.00 fee must accompany application $50.00 fee must accompany application Several geodetic monuments are located in or near the project area. If any monument needs to be moved or destroyed, please notify: N.C.Geodetic Survey, Box 27687 Raleigh, N.C.27611 ? Abandonment of any wells,If required must be in accordance with Title 15A.5 ubchapter X.0100. . ? Notification of the proper regional office it requested It 'orphan' underground storage tanks (USTS) are discovered during any excavation operation. [] ] Compliance with I SA NCAC 2H 1000 (Coastal Stormwater Rules) is required. * I Other comments (attach additional pages as necessary, being certain to cite comment authority) Ell k K r ? ' ?1 ?c Z °°s o Normal Process Time ;Statutory Time Limit) 30 days (60 days) 10 days (N/A) 10 days (N/A) 15.20 days (N/A) 55 days (130 days) 60 days (130 days) 22 days (25 days) 45 days (N/A) REGIONAL OFFICES Questions regarding these permits should be addressed to the Regional Office marked below. ? Asheville Regional Office ? Mooresville Regional Office 59 Woodfln Place ? Wilmington Regional Office 919 North Main Street 127 Cardinal Drive Extension Asheville, N.C.28801 Mooresville, N.C.28115 (828)251-6208 Wilmington, N.C. 28405 (704) 663-1699 (910) 395-3900 ? Fayetteville Regional Offico 225 Green Street, Suite 714 Fayetteville, N.C.28301 (910) 486-1541 ? Raleigh Regional Office 3800 Barrett Drive, RO. Box 27687 Raleigh, N.C.27611 (919) 571-4700 ? Washington Regional Office 943 Washington Square Mall Washington, N.C. 27889 (252) 946-6481 ? Winston-Salem Regional Office 585 Waughtown Street Winston-Salem, N.C.27107 (336) 771-4600 E ATTACHMENT E ® NCEMC RESPONSE TO AGENCY COMMENTS RECEIVED AFTER PUBLIC COMMENT PERIOD C7 A vftn- %? North Carolina Electric ? Membership Corporation April 1, 2005 Ms. Stephanie Strength RUS 1400 independence Ave., SW Room 224.1 Washington, DC 20250-1571 Re: State Clearinghouse File# OS-E-0000-0190; EA Proposal to Construct Approx. 6201111V ojPeak Generating Facilities Anson and Riclnuord Counties Dear Stephanie: North Carolina Electric Membership Corporation (NCEMC) received a letter from the N.C. Clearinghouse dated February 11, 2005. enclosing comments from the N.C. Division of Water Quality (DWQ) (see attachment). Although the comments were filed aflet the close of the public comment period, NCEMC wishes.to respond as well as update your files. DWQ questioned the means of disposal for effluent from the oil/water separator, and for material from the oily waste sump. At this point in time NCEMC's engineering contractor is developing ® design specifications for these facility components. Once the specifications are finalized, and the volume of oily wastes and effluent discharge rate from the oil/water separator are established, a determination will be made as to the means of disposal. In either case oily wastes and recovered oil will be handled by a recycling and disposal contractor. Small quantities of effluent from the oil/water separator will preferably be trucked to the local wastewater treatment facility. Should effluent quantities be large enough to make this infeasible, an application for a discharge permit will be submitted to DWQ.. i have copied Ms. Chrys Baggett of the Clearinghouse, and she has indicated she will be forwarding this response to D11'Q. Sincerely, June M. Small Director of Environmental Affairs JMS/bp Attachment cc: C. Baggett T. Ryan ® A Touchstone Energy Partner P.O. Box 27306, Raleigh, North Carolina 27611-7306.3400 Sumner Boulevard, Raleigh. North Carolina 27616 • (919) 872-0800 / Fax: (919) 878-3970