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HomeMy WebLinkAbout19930278 Ver 1_COMPLETE FILE_19930503State of North Carolina Department of Environment, Health and Natural Resources • Division of Environmental Management James B. Hunt, Jr„ Governor ID F F1 Jonathan B. Howes, , Secretary G A, Preston Howard, Jr., P.E., Director May 3, 1993 Mr. Craig Conrad Carteret - Craved EMC Post Office Box 1499 Morehead city, N.C. 28557 Dear Mr. Conrad: .Subject: Proposed fill in Wetlands or Waters Road and electrical substation Carteret County DEM Project # 93279 Upon review of your request for 401 Water Quality Certification to place fill material in 0.99 acres of wetlands or waters which are tributary to Fastman Creek for access roads and electrical subsstation located at SR 1163 and N.C. 101 in Carteret County, as described in your submittal dated 5 April 1993, we have determined that the proposed fill can be covered by General Water Quality Certification No. 2671 issued January 21, 1992. A copy of the General Certification is attached. This Certification may be used in qualifying for coverage under Corps of Engineers' Nationwide Permit No. 26. If you have any questions, please contact John Dorney at 919-733-1786 Sincerely, P..Prton Howa d Jr. P.E 93279.Itr Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Wilmington Field Office Wilmington DEM Regional Office Mr. John Dorney Central Files P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO March 15, 1993 Regulatory Branch a, J { p } c Q Il)I\l Action ID. 199301529, Nationwide Permit No. 26 (Headwaters and Isolated Waters) Carteret-Craven Electric Membership Corporation Attn: Mr. Graig Conrad Post Office Box 1499 Morehead City, North Carolina 28557 Dear Mr. Conrad: Please reference our letter to you dated January 14, 1993 and your February 4, 1993 letter, in which you requested Department of the Army (DA) authorization for the discharge of dredged or fill material in jurisdictional wetlands on Mr. Stan Pearson's property. The property is located on the west side of Highway 101, 0.1 mile north from intersection with State Road 1163, near Core Creek, Carteret County, North Carolina. Specifically, you propose to purchase the property from Mr. Pearson and then construct an electricl dibtribution substation facility on the property. In the letter you reques C/d A?authoriza tion to discharge dredged or fill material in approximatel 9./acre of jurisdictional wetlands on the property. Mr. Sugg exp,,to you during the January 6, 1993 meeting that this activity may be auted under the authority of our Nationwide Permit No. 26 provided the following conditions are met. For the purposes of the U.S. Army Corps of Engineers' Regulatory Program, Title 33, Code of Federal Regulations (CFR), Part 330.6, published in the Federal Register on November 22, 1991, lists nationwide permits (NWP). Authorization was provided, pursuant to Section 404 of the Clean Water Act, for discharges of dredged or fill material into headwaters and isolated waters provided the following conditions are met. Your work is authorized by this nationwide permit provided it is accomplished in strict accordance with the enclosed conditions. This nationwide permit does not relieve you of the responsibility to obtain any required State or local approval. As discussed, you should contact, Mr. John Dorney, North Carolina Division of Environmental Management, at telephone (919) 733-1786, for a Section 401 Water Quality Certification; and Mr. Steve Benton, North Carolina Divison of Coastal Management, at telephone (919) 733-2293, regarding a consistency determination. N ? -2- This verification will be valid for 2 years from the date of this letter unless the NWP authorization is modified, reissued, or revoked. Also, this verification will remain valid for the 2 years if, during that period, the NWP authorization is reissued without modification or the activity complies with any subsequent modification of the NWP authorization. If during the 2 years, the NWP authorization expires or is suspended or revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the NWP, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the NWP will remain authorized provided the activity is completed within 12 months of the date of the NWP's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend, or revoke the authorization. Questions or comments may be addressed to Mr. Sugg, Wilmington Field Office, Regulatory Branch, at telephone (919) 251-4611. Sincerely, Enclosure Copies Furnished (without enclosure): Mr. John Parker North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 V r. John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 G. Wayne Wright Chief, Regulatory Branch Mr. Jim Gregson Wilmington Regional Office Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 f'. x , _... S State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A, Preston Howard, Jr., P.E., Director June 3, 1993 Mr. Lonnie Moore Manager of Engineering Carteret - Craven EMC Hwy 24W Post Office Box 1499 Morehead City, N.C. 28557 Dear Mr. Moore: LT1.9;qA1 IT7 A0M%ftW&*"ft%=W0 'A ED FE F11 Subject: Proposed fill in Wetlands or Waters Access road and electrical distribution substation Carteret County DEM Project # 93278 Upon review of your request for 401 Water Quality Certification to place fill material in 0.99 acres of wetlands or waters which are tributary to Eastman Creek for access roads and electrical distribution substation located at Hwy 101 And SR 1163 in Carteret County, as described in your submittal dated 11 May 1993, we have determined that the proposed fill can be covered by General Water Quality Certification No. 2671 issued January 21, 1992. A copy of the General Certification is attached. This Certification may be used in qualifying for coverage under Corps of Engineers' Nationwide Permit No. 26. If you have any questions, please contact John Dorney at 919-733-1786. Sincerely, 1 f( Preston Howard, Jr. P.E. 93278.Itr Attachment ' cc: Wilmington District Corps of Engineers Corps of Engineers Wilmington Field Office Wilmington DEM Regional Office Mr. John Dorney Central Files P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper N.StA1Eo? State of North Carolina MAY 1 21993 WETLANDS GROUP WATER QUALITY SECTION y Department of Environment, Health, and Natural Resources Division of Coastal Management 3441 Arendell Street • Morehead City, North Carolina 28557 May 11, 1993 James B. Hunt, Jr., Governor Roger N. Schecter Jonathan B. Howes, Secretary Director Carteret-Craven Electric Membership Corporation c/o Craig Conrad, P.E. P. O. Box 1499 Morehead City, NC 28557 RE: DEM ID# 93-278, Nationwide Permit Application for an activity located near Eastern Creek, Carteret County. Dear Mr. Conrad: The North Carolina Division of Coastal Management has reviewed the above referenced application for a Nationwide Permit pursuant to Section 307 of the Coastal Zone Management Act of 1972 as amended. Based upon our review, we have determined that the proposed activity is consistent with the North Carolina Coastal Management Program provided the following conditions are met: 1. The activity described in the above referenced application qualifies to receive one of the Nationwide Permits described in 33 CFR Part 330 with the exception of Numbers 17, 21, 24, and 34 which were found inconsistent with the North Carolina Coastal Management Program. 2. A 401 Water Quality Certification is received, where required, from the North Carolina Division of Environmental Management. This letter does not relieve you of the responsibility to insure that all other State authorization and/or permit requirements are met prior to implementation of the project. Please feel free to contact me at (919) 726-7021, Ext. 263, if you have any questions or need further assistance. Sincerely, Charles S. Jones District Manager CSJ/dh cc: Preston P. Pate, Jr. Steve Benton, Consistency Coordinator Wilmington District Engineer; ATTN: CESAW-CO-E John Dorney, DEM/Raleigh P.O. Box 769 Morehead City, N.C. 28557 • Telephone 919-726-7021 • Fax 919-247-3330 An Equal Opportunity Affirmative Action Employer J AAA LID :103rans :o1 31V0 ON3N i a ? 'cam 1 1 ? ?a r? DIVISION OF ENVIRONMENTAL MANAGEMENT MEMORANDUM Date: May 20, 1993 To: John Dorney Planning Branch From: James H. Gregso Wilmington Regio a Office Through: Dave Adkins ?44 Wilmington Regional Office 4 1J73 L r WETLANDS renlip Subject: Regional Office Review and Recommendations Application for Permit for Excavation and/or Fill Central Office Permit #93278 Carteret-Craven EMC Carteret County Per the attached letter from Lonnie Moore dated May 11, 1993, Carteret Craven EMC is requesting modification to their original request for 401 Certification. The new proposal is to use an area directly adjacent to the original site. Total fill required will be approximately the same as in the original proposal. This office has no objection to the project as proposed. JHG:93278.May cc: Wilmington Regional Office Files Central Files 4, P0, ?05! ?RA , W Carteret-Craven Electric Membership Corporation HWY. 24 WEST • P.O. BOX 1499 • MOREHEAD CITY, NC 28557 • (919) 247-3107 • 1-800-682-2217 • FAX (919) 247-0235 X13 RECEIVED May 11, 1993 MAIY 17 1993 Mr. Jim Gregson DEM Dept of Environmental Management 127 Cardinal Drive Ext 28405 Wilmington, NC 28402 Dear Mr. Gregson: Carteret-Craven Electric Membership Corporation is negotiating with Mr. Stan Pearson in order to purchase a tract of land on Hwy 101 in Carteret County, NC. A wetlands survey was conducted in January of this year on the property. It was determined that wetlands did exist in this area and all applicable wetlands permits would have to be obtained before any construction could begin. A plat was forwarded to your office in February in order to begin the permit process. However, since that time, Mr. Pearson has requested that Carteret-Craven EMC consider the purchase of a different tract that he also owns. The new site is located adjacent to and just south of the original tract. A new drawing is enclosed for your review. Please discard the old drawing. Carteret-Craven EMC is willing to honor Mr. Pearson's request and proceed with the negotiations if all applicable permits can be obtained. Please review this change and proceed with the application process on the new site. Call me if you need additional information or have any questions. Sincerel , Lonnie Moore Manager of Engineering "Serving with Pride and Excellence " 1 r ? ' 1 -oa Vl >- Y ? ai I I i S10f1OOHd IV co oll 1 ! ) OOS I I = 0£Z X OS ! ! ^ NOS8V3d AS LIWhI3d I I ? , ? ? r? 11 -+ 8V310 AVMOV02i O\A o / d 11 1 LL ! 1° to 1 i i 1 1 i 1 ? • / r 0V 60'£ _ (LOV)41 V nvou) -IV101 at t OV b£b'1 = OW303 Ae a3NMO V3EIV 2d333?18 =a3a OV 686- = 03EIV310 38 Ol V31W =N33HO OV Z99' _ £91IXSZ = SS300V AZ - 'V3kIV 3?118 OV ZV'Z = OW300 A8 03NM0 lOVal 1V101 O MEMORANDUM PRINT NAMES: r Reviewer•_ aSoN TO: John Dorney WQ Supv.: Planning Branch DATE SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS ***EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE) PERMIT YR: 93 PERMIT NO: 0000278 COUNTY: CARTERET APPLICANT NAME: ELECTRIC MEMBERSHIP CORP. ? ? PROJECT TYPE: ROAD CROSSINGS PERMIT-TYPE NW14 COE_#: DOT_#: RCD FROM CDA: APP DATE _FRM_CDA: 04/05/93 REG_OFFICE: WIRO RIVER--AND-SUB--BASIN-#: Q ?V S-10 3 STREAM_C.LASS : 5* WL_IMPACT?:0/N WL_REQUE STED : WL_SCORE(#): HYDRO_CNECT?: Ys STR_INDEX _NO: d - `-f WL TYPE : 1,J l? WL_ACR_EST?: ON WATER IMPACTED BY FILL?: Y/(-T MITIGATION?: Y6 MITIGATION_TYPE: Nl/7 MITI GATION_SIZE: IS WETLAND RATING SHEET ATTACHED?: Y N RECOMMENDATION (Circle One): C!!,E?SUE/COND DENY COMMENTS : D r4f- -6x!?; 1. r?L cc: Regional Office Central Files 1993 APR 2 8 i . DEM ID: t C? 78 ACTION ID: JOINT APPLICATION FORM FOR NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO THE DISTRICT ENGINEER NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION WILMINGTON DISTRICT ENGINEER CORPS OF ENGINEERS DEPARTMENT OF THE ARMY P.O. BOX 1890 WILMINGTON, NC 28402-1890 ATTN: CESAW-CO-E Telephone (919) 251-4511 WATER QUALITY PLANNING DIVISION OF ENVIRONMENTAL MANAGEMENT NC DEPARTMENT OF ENVIRONMENT, HEALTH NATURAL RESOUR P. R O. A BOX 29535 RALEIGH, NC 27626-053 t5 ATTN: MR. JOHN DORNEY - 5 Telephone (919) 733-508 ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVIS ENVIRONMENTAL MANAGEMENT. PLEASE PRINT. 1. OWNERS NAME: Carteret-Craven Electric Membership Corporation 2. OWNERS ADDRESS: P. 0. Box 1499 MnrPhPad City, NC 28557 3. OWNERS PHONE NUMBER (HOME): (WORK): (919) 247-3107 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: -Craig A. Conrad, P.E. or Lonnie Moore Carteret-Craven EMC Phone - (919)'247-3107 P. 0. Box 1499 Morehead City, NC 28557 5. LOCATION OF PLANNED WORK (ATTACH MAP). COUNTY: Carteret NEAREST TOWN OR CITY: Beaufort SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): Northeast of intersection of SR 101 & SR 1163, behind "A-1 Products" building. 6. NAME OF CLOSEST STREAM/RIVER: Eastman Creek 7. RIVER BASIN: Adams Creek Canal (Intracoastal Waterway) 8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW, WS I, OR WS II? YES [ ] NO [X] 9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES [ ] NO [X) IF YES, EXPLAIN. 10. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 2.42 2/3/92 11. NUMBER OF ACRES OF WETLAND IMPACTED BY THE PROPOSED PROJECT: FILLED: 0.99 DRAINED: FLOODED: 0 I EXCAVATED: 0 TOTAL IMPACTED: ,99 12. DESCRIPTION OF PROPOSED WORK (ATTACli PLANS): Construct two access roads and an electrical distribution substation. 13. PURPOSE OF Ph61-(6F1j WC)IO. - Provide adequate and reliable electrical service to new and existing customers. - --- 14. STATE REASONS; W11Y TI-IF APPLICANT BF1 l1?VFS T11AT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. ALSO, NOTE MEf1:;UkES TAKEN TO MINIMIZE WETLAND IMPACTS. The substation site needs to be located near the intersection of SR 101 and SR 1163 to facilitate distribution lines to feed different areas. No other property is available for the site. Only the area necessary for access and the site will be disturbed. Remaining boundar* around 15. YOU ARE REQUIRED TO CONTACT 'TH[? U.S. FISH AND WILDLIFE SERVICE site llal be le (USFWS) AND/OR NATIONAL MARINE FISHI-:kIES SERVICE (NMFS) REGARDING THE PRESENCE Puffe' OR ANY FEDERALLY LISTED OR PROPOSED ['OR LI_;TING ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT IN THE PERMI'T' AREA THA'I' MAY BE AFFECTED BY THE PROPOSED PROJECT. HAVE YOU DONE SO? YES [ X] NO [ ] RESPONSES FROM THE USFWS AND/Oft NMFS S11OULD BE ATTACHED, 16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJEC'T'? HAVE YOU DONE SO? YES [X] NO [ ] RESPONSE FROM THE SHPO SHOULD BE ATTACHED. Response has yet been received. However our research indicates no historic sites would be impacted. 17. ADDITIONAL INFORMATION REQUIRED BY DEM: A. WETLAND DELINEATION MAP SHOWING ALL WE'T'LANDS, STREAMS, AND LAKES ON THE PROPERTY. Area is classified as wetlands by US Army Corp of Engineers. Copy of letter attached. B. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PROJECT. C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE. N/A D. IF A STORMWATER MANAGEMENT PLAN IS REQUIRED FOR THIS PROJECT, ATTACH COPY. E. WHAT IS LAND USE OF SURROUNDING PROP E RTY? Commercial /Warehouse. Adjacent property has two boat building facilities and a light commercial facility. F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? N/A. No sewage will be generated. SIG" TURE DATE ±.. :.? 0 North Carolina Wildlife Resources Commission 512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391 Charles R. Fullwood, Executive Director MEMORANDUM TO: John Dorney Water Quality Planning Division of Environmental Management, DEHNR FROM: Richard B. Hamilton Assistant Director DATE: May 10, 1993 SUBJECT: Division of Environmental Management 401 Water Quality Certification for Carteret-Craven Electric Membership Corporation (DEM #93278) and Stanley Pearson (DEM #93284), Eastman Creek, Carteret County, North Carolina. Biologists on our staff have reviewed the subject permit applications and conducted a site visit on April 26, 1993 for the purpose of assessing project impacts on wildlife and fisheries resources. This correspondence is provided in accordance with certain provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.) and North Carolina General Statutes (G.S. 113-131 et seq.). The applicants are requesting authorization to fill a combined total of 1.25 acres of forested wetlands to construct a electrical distribution station and three access roads. The site consists of a second-growth hardwood and mixed pine overstory on Tomotley series soils supporting a variety of forest wildlife species. Since detailed development plans were not provided with the subject document, whether efforts were made in the planning process to minimize the total wetland acreage impacted is indeterminable. Construction of three access roads across wetlands to the same location, as indicated in the permit applications, constitutes excessive and unnecessary wetland loss from our perspective. if; On the basis of the site investigation and review of the application information provided, our evaluation finds the project as proposed inconsistent with our agency guidelines for fisheries and wildlife habitat conservation. In addition, we find the project is not in accordance with the Environmental Protection Agency's Section 404(b)(1) guidelines in that it is neither water dependent nor has it been demonstrated that there are no practical non-wetland alternatives. Therefore, we recommend that the water quality certification not be issued for this project. Project reevaluation to minimize impacts and development of a mitigation package should be required for the unavoidable wetland losses to receive a favorable review from our agency. Thank you for the opportunity to review and comment on this project. If you require additional information or need to discuss these comments, please contact Mr. Brent Wilson, Wildlife Biologist at (919) 638-3475. cc: Honorable Roy Gerodd Sowers, III, District 2 Commissioner Brent Wilson, Wildlife Biologist Carteret-Craven Electric Membership Corporation HWY. 24 WEST • P.O. BOX 1499 • MOREHEAD CITY, NC 28557 • (919) 247-3107 • 1-800-682-2217 • FAX (919) 247-0235 April 1, 1993 Mr. John Dorney Water Quality Planning Division of Environmental Management NC Department of Environment, Health and Natural Resources P.O. Box 29535 Raleigh, NC 27626-0535 Dear Mr. Dorney: O[IAM - 5198(1 Carteret-Craven Electric Membership Corporation is proposing to construct an electrical distribution substation near the intersection of SR 101 and SR 1163. The proposed site is presently owned by Mr. Stan Pearson. We have agreed to purchase the site if all permits can be obtained to allow construction of the substation. For that reason, CCEMC has been submitting all permit applications, and writing to all agencies for comment on the site. CCEMC has presently contacted the following agencies for comments: 1. State of North Carolina, Department of Environment, Health and Natural Resources 2. NC Department of Cultural Resources 3. US Army Corps of Engineers, Flood Plains Management Services 4. US Department of Interior, Fish and Wildlife Service, Raleigh Field Office 5. US Department of Agriculture, Soil Conservation Service No responses have been received to this date. CCEMC has submitted an application for a NWP 26 to allow fill to be placed on 0.99 acres of a site approximately 2.42 acres in size. In accordance with the process, the Joint Application form is being submitted for your review. If you require additional information, please contact Mr. Lonnie Moore or me. Sincerely, 6, ./?, (&a Craig . Conrad, P.E. Manager Engineering & Operations Enclosure "Serving with Pride and Excellence " 1 x ' 1 ,? I c 1I 1 ,i I t 11 I A '. Ao ;r o 0-) x f - •? _lo u ?- - II II 11 I „ l i ? II ?_ I ? •I ?e 1 p • CMD cli Tn. x e. o / 1 • f p: 1,114 • 11/111111 -- - -T - - j J Send. m CREEK CANAL v ?r.•'I /' 7 I' ADAMS - q I t :` •-. r J Pt'ERWAy ,r, l? ?? S,y' to o I 15 9 i7 .1 I d ' I' / .. IN RACOASTAL ,• ?'.,\Y '• ;'I"h ',: ?' S ! /-? i? IDX r <11I s ? ° ` p + 1 ? p p / 4 i 1j• ? \n ??.' p DEM ID: 9. Of 7 JOINT APPLICATION FORM FOR NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO THE DISTRICT ENGINEER NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION WILMINGTON DISTRICT ENGINEER CORPS OF ENGINEERS DEPARTMENT OF THE ARMY P.O. BOX 1890 WILMINGTON, NC 28402-1890 ATTN: CESAW-CO-E Telephone (919) 251-4511 WATER QUALITY PLANNING DIVISION OF ENVIRONMENTAL MANAGEMENT NC DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCEP:L:1., -? M P.O. BOX 29535; U RALEIGH, NC 27626-0535 E ATTN : MR. JOHN DORNEY j? _ 5 ( APR Telephone (919) 733-5083 103 ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION ENVIRONMENTAL MANAGEMENT. PLEASE PRINT. 1. OWNERS NAME: Carteret-Craven Electric Membership Corporation 2. OWNERS ADDRESS: P. 0. Box 1499 MnrPhpad Ci t?zNC 28SS7 3. OWNERS PHONE NUMBER (HOME): ACTION ID: (WORK): (919) 247-3107 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: Craig A. Conrad, P.E. or Lonnie Moore Carteret-Craven EMC Phone - (919) 247-3107 P. O. Box 1499 Morehead City, NC 28557 5. LOCATION OF PLANNED WORK (ATTACH MAP). COUNTY: Carteret NEAREST TOWN OR CITY: Beaufort SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): Northeast of intersection of SR 101 & SR 1163, behind "A-1 Products" building. 6. NAME OF CLOSEST STREAM/RIVER: Eastman Creek 7. RIVER BASIN: Adams Creek Canal (Intracoastal Waterway) 8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW, WS I, OR WS II? YES [ J NO [X] IF YES, EXPLAIN. 9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES [ ] NO [X] 10. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 2.42 2/3/92 -2- 11. NUMBER OF ACRES OF WETLAND IMPACTED BY THE PROPOSED PROJECT: FILLED: 0.99 DRAINED: FLOODED: 0 EXCAVATED: 0 TOTAL IMPACTED: .99 12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS): Construct two access roads and an electrical distribution substation. 13. PURPOSE OF Phvl *j.SVD Provide adequate and reliable electrical service to new and existing customers. - --- 14. STATE REASONS WHY THF. APPL CAN'T I;F'I II?VF'S THAT THIS ACTIVITY MUST BE CARRIED OUT IN WE'I'LANUS. ALSO, NO'T'E MEA;>UkLS 'T'AKEN TO MINIMIZE WETLAND IMPACTS. The substation site needs to be located near the intersection of SR 101 and SR 1163 to facilitate distribution lines to feed different areas. No other Droperty is available for the site. Only the area necessary for access and the site will be disturbed. Remaining boundar&, around 15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE site will be let na ura asa (USFWS) AND/OR NATIONAL MARINE FISHE:IOE:S SL'ItVICE (NMFS) REGARDING THE PRESENCE f.fei OR ANY FEDERALLY LISPED OR PROPOSED ['Olt L I:;'T' I NG ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT IN THE' 11EI(MI'T' AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT. HAVE YOU DONE SO? YES (X) NO [ ] RESPONSES FROM THE USFWS AND/Oft NMPS SHOULD BE ATTACHED. 16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT? HAVE YOU DONE SO? YES [X1 NO ( 1 RESPONSE FROM THE SHPO SHOULD BE ATTACHED. Response has yet been received. However our research indicates no historic sites would be impacted. 17. ADDITIONAL INFORMATION REQUIRED BY DEM: A. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, AND LAKES ON THE PROPERTY. Area is classified as wetlands by US Army Corp of Engineers. Copy of letter attached. B. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PROJECT. C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS RELEVANT TO,THE PLACEMEN'r OF THE DELINEA'T'ION LINE. N/A D. IF A STORMWATER MANAGEMENT PLAN IS REQUIRED FOR THIS PROJECT, ATTACH COPY. E. WHAT IS LAND USE OF SURROUNDING PROPE RTY?commercial /Warehouse. Adjacent property has two boat building facilities and a light commercial facility. F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? N/A. No sewage will be generated. U44,4. - /, ( d)'11 UWN 'Pj SIG URE DATE DEPARTMENT OF THE ARMY rr n'p WILMINGTON DISTRICT, CORPS OF ENGINEERS U.- U P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 APR-510 IN REPLY REFER TO March 15, 1993 Regulatory Branch Action ID. 199301529, Nationwide Permit No. 26 (Headwaters and Isolated Waters) Carteret-Craven Electric Membership Corporation Attn: Mr. Graig Conrad Post Office Box 1499 Morehead City, North Carolina 28557 Dear Mr. Conrad: Please reference our letter to you dated January 14, 1993 and your February 4, 1993 letter, in which you requested Department of the Army (DA) authorization for the discharge of dredged or fill material in jurisdictional wetlands on Mr. Stan Pearson's property. The property is located on the west side of Highway 101, 0.1 mile north from intersection with State Road 1163, near Core Creek, Carteret County, North Carolina. Specifically, you propose to purchase the property from Mr. Pearson and then construct an electrical distribution substation facility on the property. In the letter you requested DA authorization to discharge dredged or fill material in apptoximately 0.99 acre of jurisdictional wetlands on the property. Mr. Sugg explained to you during the January 6, 1993 meeting that this activity may be authorized under the authority of our Nationwide Permit No. 26 provided the following conditions are met. For the purposes of the U.S. Army Corps of Engineers' Regulatory Program, Title 33, Code of Federal Regulations (CFR), Part 330.6, published in the Federal Register on November 22, 1991, lists nationwide permits (NWP). Authorization was provided, pursuant to Section 404 of the Clean Water Act, for discharges of dredged or fill material into headwaters and isolated waters provided the following conditions are met. Your work is authorized by this nationwide permit provided it is accomplished in strict accordance with the enclosed conditions. This nationwide permit does not relieve you of the responsibility to obtain any required State or local approval. As discussed, you should contact, Mr. John Dorney, North Carolina Division of Environmental Management, at telephone (919) 733-1786, for a Section 401 Water Quality Certification; and Mr. Steve Benton, North Carolina Divison of Coastal Management, at telephone (919) 733-2293, regarding a consistency determination. r ? -2- This verification will be valid for 2 years from the date of this letter unless the NWP authorization is modified, reissued, or revoked. Also, this verification will remain valid for the 2 years if, during that period, the NWP authorization is reissued without modification or the activity complies with any subsequent modification of the NWP authorization. If during the 2 years, the NWP authorization expires or is suspended or revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the NWP, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the NWP will remain authorized provided the activity is completed within 12 months of the date of the NWP's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend, or revoke the authorization. Questions or comments may be addressed to Mr. Sugg, Wilmington Field Office, Regulatory Branch, at telephone (919) 251-4611. Sincerely, e Wrig Chie Regulatory Branch Enclosure Copies Furnished (without enclosure): Mr. John Parker North Carolina Department Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina Mr. John Dorney Water Quality Section Division of Environmental North Carolina Department Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina of 27611-7687 Management of 27611-7687 Mr. Jim Gregson Wilmington Regional Office Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 r t NWP 26 GENERAL CONDITIONS 1. Navigation. No activity may cause more than a minimal adverse effect on navigation. 2. Proper Maintenance. Any structure or fill authorized shall be properly maintained, including maintenance to ensure public safety. 3. Erosion and Siltation Controls. Appropriate erosion and siltation controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills must be permanently stabilized at the earliest practicable date. 4. Aquatic Life Movements. No activity may substantially disrupt the movement of those species of aquatic life indigenous to the waterbody, including those species which normally migrate through the area, unless the activity's primary purpose is to impound water. 5. Equipment. Heavy equipment working in wetlands must be placed on mats or other measures must be taken to minimize soil disturbance. 6. Regional and Case-by-case Conditions. The activity must comply with any regional conditions which may have been added by the Division Engineer and any case specific conditions added by the Corps. 7. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and Scenic River System; or in a river officially designated by Congress as a "study river" for possible inclusion in the system, while the river is in an official study status. Information on Wild and Scenic Rivers may be obtained from the National Park Service and the U.S. Forest Service. 8. Tribal Rights. No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights. 9. Water Quality Certification. In certain states, an individual state water quality certification must be obtained or waived. 10. Coastal Zone Management. In certain states, an individual state coastal zone management consistency concurrence must be obtained or waived. 11. Endangered Species. No activity is authorized under any NWP which is likely to jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act, or which is likely to destroy or adversely modify the critical habitat of such species. Non-Federal permittees shall notify the District Engineer if any listed species or critical habitat might S -2- be affected or is in the vicinity of the project and shall not begin work on the activity until notified by the District Engineer that the requirements of the Endangered Species Act have been satisfied and that the activity is authorized. Information on the location of threatened and endangered.species can be obtained from the U.S. Fish and Wildlife Service and National Marine Fisheries Service. 12. Historic Properties. No activity which may affect Historic Properties listed, or eligible for listing, in the National Register of Historic Places is authorized, until the District Engineer has complied with the provisions of 33 CFR 325, Appendix C. The prospective permittee must notify the District Engineer if the authorized activity may affect any historic properties listed, determined to be eligible, or which the prospective permittee has reason to believe may be eligible for listing on the National Register of Historic Places, and shall not begin the activity until notified by the District Engineer that the requirements of the National Historic Preservation Act have been satisfied and that the activity is authorized. Information on the location and existence of historic resources can be obtained from the State Historic Preservation Office and the National Register of Historic Places (see 33 CFR 330.4(g)). 13. Notification. a. Where required by the terms of the NWP, the prospective permittee must notify the District Engineer as early as possible and shall not begin the activity: (1) until notified by the District Engineer that the activity may proceed under the NWP with any special conditions imposed by the District or Division Engineer; or (2) if notified by the District or Division Engineer that an individual permit is required; or (3) Unless 30 days have passed from the District Engineer's receipt of the notification and the prospective permittee has not.received notice from the District or Division Eiigineer. 3ub8*aquently, the perniittee's right to proceed under the NWP may be modified, suspended or revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2). b. The notification must be in writing and include the following information and any required fees: (1) Name, address and telephone number of the prospective permittee; (2) Location of the proposed project; r ? -3- (3) Brief description of the proposed project; the project's purpose; direct and indirect adverse environmental effects the project would cause; any other NWP(s), regional general permit(s) or individual permit(s) used or intended to be used to authorize any part of the proposed project or related activity; (4) Where required by the terms of the NWP, a delineation of affected special aquatic sites, including wetlands; and (5) A statement that the prospective permittee has contacted; (a) The USFWS/NMFS regarding the presence of any Federally listed (or proposed for listing) endangered or threatened species or critical habitat in the permit area that may be affected by the proposed project; and any. available information provided by those agencies. (The prospective permittee may contact Corps District Offices for USFWS/NMFS agency contacts and list of critical habitat.) (b) The SHPO regarding the presence of any historic properties in the permit area that may be affected by the proposed project; and the available information, if any provided by that agency. 14. Water Supply Intakes. No discharge of dredged or fill material may occur in the proximity of a public water supply intake except where the discharge is repair of the public water supply intake structures or adjacent bank stabilization. 15. Shellfish! Production. No discharge of dredged or fill material may occur in areas of concentrated shellfish production, unless the discharge is directly related to a shellfish harvest activity authorized by nationwide permit. 16. Suitable Material. No discharge of dredged or fill material may consist of unsuitable material (e.g., trash, debris, car bodies, etc.) and material discharged must be free from toxic pollutants in toxic amounts. 17. Mitigation. Discharges of dredged or fill material into waters of the United States must be minimized or avoided, to the maximum extent practicable at the project site (i.e., on-site), unless the District Engineer has approved a compensation mitigation plan for the specific regulated activity. 18. Spawning Areas. Discharges in spawning areas during spawning seasons must be avoided to the maximum extent practicable. 19. Obstructions of High Flows. To the maximum extent practicable, discharges must not permanently restrict or impede the passage of normal or expected high flows or cause the relocation of the water (unless the primary purpose of the fill is to impound waters). r -4- 20. Adverse Impacts from Impoundments. If the discharge creates an impoundment of water, adverse impacts on the aquatic system caused by the accelerated passage of water and/or the restriction of its flow shall be minimized to the maximum extent practicable. 21. Waterfowl Breeding Areas. Discharges into breeding areas for migratory waterfowl must-be avoided to the maximum extent practicable. 22. Removal of Temporary Pills. Any temporary fills must be removed in their entirety and the affected areas returned to their preexisting elevation. NOTES: 1. Qualification for and issuance of a nationwide permit does not relieve the applicant of the need to obtain any other required State or local permits. 2. Should all or part of a proposed activity be located within an Area of Environmental Concern (AEC) as designated by the North Carolina Coastal Resources Commission, a CAMA permit is required from the North Carolina Division of Coastal Management. Should an activity within or potentially affecting an AEC be proposed by a Federal agency, a consistency determination pursuant to 15 CFR 930 must be provided to the North Carolina Division of Coastal Management at least 90 days before the onset of the proposed activity. REGIONAL CONDITIONS 1. All fill material authorized by this permit must be obtained from an upland source. 2. Use of this permit for livestock and domestic animal waste treatment facilities is not allowed. STATE CONSISTENCY CONDITIONS 1. All fill material authorized by this permit must be obtained from an upland source. 2. Use of this nationwide permit for waste disposal facilities is not authorized. 3. Established erosion control practices shall be utilized to prevent violations of the appropriate turbidity water quality standard (50 NTU's in streams and rivers not designated as trout waters by the North Carolina Division of Environmental Management; 25 NTU's in all saltwater classes and all lakes and reservoirs and 10 NTU's in trout waters). -5- 4. Proposed fill of greater than one acre in SA, trout, ORW, VS-1 and WS-2 HQW watersheds requires public notice and an individual Section 401 Water Quality Certification from the North Carolina Division of Environmental Management. 5. For activities resulting in the loss of waters of the United States greater than 1/3 of an acre, the applicant must receive written concurrence from the North Carolina Division of Environmental Management that the proposal is certified under the Section 401 Water Quality Certification Program. 6. If the proposed activity is within the North Carolina Coastal Area and the activity will result in the loss of waters of the United States greater than 1/3 of a..Parzre, the applicant must receive written concurrence from the North Carolina Division of Coastal Management that the activity is consistent with the North Carolina Coastal Management Program. GENERAL CERTIFICATION CONDITIONS 1. Proposed fill or substantial modification of greater than 1/3 of an acre of such waters, including wetlands, requires a written concurrence from the North Carolina Division of Environmental Management. 2. Proposed fill or substantial modification of equal to or less than 1/3 of an acre of such waters, including wetlands, does not require written concurrence from the North Carolina Division of Environmental Management. 3. Proposed fill of greater than one acre in SA, trout, HQW, ORW, WS-I and WS-II watersheds require public notice and an individual Section 401 Water Quality Certification from the North Carolina Division of Environmental Management. 4. Established sediment and erosion control practices will be utilized to prevent violations of the appropriate turbidity water quality standard (50 NTU's in streams and rivers not designated as trout waters by the North Carolina Division of Environmental Management, 25 NTU's in all saltwater classes and all lakes and reservoirs and 10 NTU's in trout waters). 5. Additional site-specific conditions may be added to this Certification in order to ensure compliance with all applicable water quality and effluent standards. 6. Concurrence from the North Carolina Division of Environmental Management that this Certification applies to an individual project shall expire three years from the date of the cover letter from the North Carolina Division of Environmental Management.