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
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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
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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:
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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
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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 "
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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
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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 "
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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.
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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
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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
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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;
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(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).
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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).
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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.