Public Notice

SAW-2015-01994

Published Dec. 21, 2015
Expiration date: 1/20/2016
DISCLAIMER: Please download the attached PDF version of this notice for complete information, proper formatting, and inclusion of tables and figures.

PUBLIC NOTICE

Issue Date: December 21, 2015
Comment Deadline: January 20, 2016
Corps Action ID Number: SAW-2015-01994

The Wilmington District, Corps of Engineers (Corps) received an application from the
Virginia Electric and Power Company seeking Department of the Army authorization to discharge fill
material into waters of the United States, associated with the construction of a new 115kV and
230kV switching station. The proposed project is located adjacent to an existing overhead
electrical transmission line easement and would permanently impact
1.035 acres of jurisdictional wetlands, temporarily impact 0.052 acre of jurisdictional wetlands
and will involve the relocation of 471.97 linear feet of perennial stream channel, permanently
impact 39.8 linear feet of perennial stream channel for a total of 511.77 linear feet of
jurisdictional streams. The switching station would be approximately 5.5 acres in size, near
Battleboro, in Nash County, North Carolina.

Specific plans and location information are described below and shown on the attached plans. This
Public Notice and all attached plans are also available on the Wilmington District Web Site at:
http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram.aspx

Applicant:
Virginia Electric and Power Company
Ms. Amanda M. Mayhew
701 East Cary Street, 12th Floor
Richmond, Virginia 23219

Agent:
Angler Environmental
Ms. Anna Keith Reusche
613 Poole Drive
Garner, North Carolina 27529

Authority
The Corps evaluates this application and decides whether to issue, conditionally issue, or deny the
proposed work pursuant to applicable procedures of the following Statutory Authorities:

X - Section 404 of the Clean Water Act (33 U.S.C. 1344)

- Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403)

- Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413)

Location: The proposed project area (Site) is located approximately 0.3 mile south of the town of
Battleboro, in Nash County, North Carolina. A railroad easement serves as the eastern boundary of
the site with Etheridge Street and Crepe Myrtle Street being the northern and western boundary,
respectively, which are populated with several single family residences. In addition, a tributary
to Beech Branch serves as the southern boundary. Property Identification Numbers: 020042, 037306,
040250, 018274, 022200, and 040252.

Directions to Site: The proposed activity is located southeast of North Wesleyan Boulevard (NC
Highway 301) and north of Morning Star Church Road and can be accessed via Burrows Street in the
town of Battleboro, in Nash County, North Carolina.

Project Area (acres): 37.01 +/- Nearest Town: Battleboro
Nearest Waterway: Beech Branch River Basin: Upper Tar Latitude and
Longitude: 36.044939N, -77.75236W

Existing Site Conditions

The proposed project site consists primarily of wooded areas along the eastern boundary to the
middle of the tract, where cleared areas extend westward to the single family residences along the
western and northern perimeter. In addition, there is an existing electrical transmission line that
enters the property from the southeast corner near the intersection of the rail line and Red Oak
Battleboro Road, that runs in a northerly direction for approximately 300 feet then turns northwest
along an existing dirt path for approximately 200 feet and then turns in a northeasterly direction
to exit the property. In addition, there is also an existing sewerline that runs parallel to the
woodline on its northwestern boundary, paralleling the unnamed tributary to Beech Branch that
dissects the property along the northeastern edge and then flows into another sewerline at the
southern end of the property.

The project would impact a total of 11 wetlands, involving three Cowardin classifications, which
include: palustrine scrub-shrub impacting 0.002 acre (Wetland 10), palustrine emergent wetlands
(Wetland 1, 5, 7, 9 and 10) for a total of 0.241 acre, and
palustrine forested, impacting 0.792 acre of wetlands (Wetlands 2, 3, 4, 6, and 8). One of the
wetlands (W10) proposed to be impacted (0.002 acre) under the existing electrical transmission line
at the intersection of Red Oak Battleboro Road can be classified as a palustrine scrub-shrub
wetland. This area is vegetated by sapling species of sweetgum (Liquidambar styraciflua), bushy
bluestem (Andropogon glomeratus), fireworks goldenrod (Solidago rugosa), narrowleaf cattail (Typha
latifolia), bristly cattail sedge (Carex frankii), arrow-leaved tearthumb (Persicaria sagittata),
and highbush blackberry (Rubus argutus). This area is underlain by frequently flooded Bibb soils
and with a matrix color of 10 YR 5/6 with 2.5 YR 4/2 redox concentrations in the upper 10 inches,
with 2.5 Y with 4/1 concentrations between 10-18 inches and has a clay loam texture.

Hydrology in this area was evidenced by the primary indicators of saturation within the upper 12
inches of the surface, oxidized rhizospheres along living roots and the FAC Neutral test. The
palustrine emergent wetlands on the site are vegetated by jewelweed (Impatiens capensis), Japanese
stiltgrass (Microstegium vimineum), Lady Bird Johnson wildflower (Elymus virginicus), marsh
dayflower (Murdannia keisak), sallow sedge (Carex lurida), false nettle (Boehmeria cylindrical),
and climbing hempvine (Mikania scandens). The forested wetlands on the site are vegetated by red
maple (Acer rubrum) and tulip poplar (Liriodendron tulipifera) in the tree stratum, red maple ,
American elm (Ulmus americana), elderberry (Sambucus nigra), and green ash (Fraxinus pennsylvanica)
in the sapling/shrub stratum and netted chain fern (Woodwardia areolata), Lizard’s tail (Sauurus
cernuus), and jewelweed (Impatiens capensis) in the herbaceous layer. The soils are mapped as Bibb
and are characterized as being a sandy loam with a matrix of 10 YR2/1 in the upper 6 inches
underlain by soils having a 10YR 4/1 matrix with 7.5 YR 4/4 redox concentrations from 6-18 inches.
Hydrology in these systems was evidenced by a high water table, saturation in the upper 12 inches,
water stained leaves, along with the geomorphic position and the FAC-Neutral test. The upland
forest canopy layer consists largely of loblolly pine (Pinus taeda), red maple, sweetgum, with
willow oak (Quercus phellos), black cherry (Prunus serotina) and northern red oak dominating the
sapling/shrub layer and Lady Bird Johnson wildflower dominating the herbaceous layer.

Applicant’s Stated Purpose

The purpose of the project, as stated by the applicant, is to provide a new electrical switching
station that would connect to the existing single 115 kV circuit and two 230 kV electrical circuits
and would provide additional reliability to the electrical grid in the event of power outage or
additional electrical needs in the region.

Project Description

The proposed project would involve the construction of a new 115kV and 230kV switching station
located adjacent to an existing overhead electrical transmission line easement. The switching
station would be approximately 5.5 acres in size and would require a new entrance for
ingress/egress and a storm water detention management facility to control runoff. The project would
likely entail the use of several different sized excavators, skid steers, and dump trucks.

The construction of the switching station would result in approximately 0.596 acres of permanent
fill in jurisdictional wetlands including AASHTO #57 stone underlain by compacted earthen fill.
Relocation of the UT to Beech Branch would result in 471.97 linear feet of temporary impact. In
addition, a substation security fence would be installed around the immediate perimeter of the
substation.

The new entrance for ingress/egress would be constructed with 21A compacted base course underlain
by compacted earthen fill resulting in approximately 0.003 acres of permanent fill in
jurisdictional wetlands. In addition, 39.80 linear feet of temporary
impacts to the UT to Beech Branch would also occur for the installation of double 24 inch culverts
where the road crosses the stream.

The proposed storm water detention management facility would result in approximately
0.46 acres of permanent impacts to jurisdictional wetlands.

In total the project would yield 1.035 acres of permanent impacts to jurisdictional wetlands, 39.8
linear feet of permanent impacts to jurisdictional streams, and the filling and relocation of
471.97 linear feet of perennial stream channel to facilitate construction of the fill pad for the
transmission facility and its associated storm water detention facility. The channel relocation
would involve use of natural channel design.

Avoidance and Minimization

The applicant provided the following information in support of efforts to avoid and/or minimize
impacts to the aquatic environment: Given the nature and need for the project, the siting of
switching station is limited to the southeast corner of subject property where the intersection of
the transmission lines exist. The applicant through this process has identified all environmental
constraints including wetlands and streams and has taking steps to avoid and minimize including
proposing to relocate and restore the stream channel that would be impacted by the proposed lot
fill ; however the size of the station and required storm water management facility would
unfortunately result in permanent impacts to wetlands.

Compensatory Mitigation

In order to compensate for the loss of jurisdictional wetlands and streams, the applicant is
proposing to purchase mitigation credits at an approved mitigation bank to offset unavoidable
functional loss to the aquatic environment due to the proposed impacts.

Essential Fish Habitat

Pursuant to the Magnuson-Stevens Fishery Conservation and Management Act, this Public Notice
initiates the Essential Fish Habitat (EFH) consultation requirements. The Corps’ initial
determination is that the proposed project would have no affect EFH or associated fisheries managed
by the South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine Fisheries
Service.

Cultural Resources

Pursuant to Section 106 of the National Historic Preservation Act of 1966, Appendix C of 33 CFR
Part 325, and the 2005 Revised Interim Guidance for Implementing Appendix C, the District Engineer
consulted district files and records and the latest published version of the National Register of
Historic Places and initially determines that:

- Should historic properties, or properties eligible for inclusion in the National Register, be
present within the Corps’ permit area; the proposed activity requiring the DA permit (the
undertaking) is a type of activity that will have no potential to cause an effect to an historic
properties.

X - No historic properties, nor properties eligible for inclusion in the National Register, are present
within the Corps’ permit area; therefore, there will be no historic properties affected. The Corps
subsequently requests concurrence from the SHPO (or THPO).

- Properties ineligible for inclusion in the National Register are present within the Corps’ permit
area; there will be no historic properties affected by the proposed work. The Corps subsequently
requests concurrence from the SHPO (or THPO).

- Historic properties, or properties eligible for inclusion in the National Register, are present
within the Corps’ permit area; however, the undertaking will have no adverse effect on these
historic properties. The Corps subsequently requests concurrence from the SHPO (or THPO).

- Historic properties, or properties eligible for inclusion in the National Register, are present
within the Corps’ permit area; moreover, the undertaking may have an adverse effect on these
historic properties. The Corps subsequently initiates consultation with the SHPO (or THPO).

- The proposed work takes place in an area known to have the potential for the presence of
prehistoric and historic cultural resources; however, the area has not been formally surveyed for
the presence of cultural resources. No sites eligible for inclusion in the National Register of
Historic Places are known to be present in the vicinity of the proposed work. Additional work may
be necessary to identify and assess any historic or prehistoric resources that may be present.

The District Engineer’s final eligibility and effect determination will be based upon coordination
with the SHPO and/or THPO, as appropriate and required, and with full consideration given to the
proposed undertaking’s potential direct and indirect effects on historic properties within the
Corps-identified permit area.

Endangered Species

Pursuant to the Endangered Species Act of 1973, the Corps reviewed the project area, examined all
information provided by the applicant and consulted the latest North Carolina Natural Heritage
Database. Based on available information:

- The Corps determines that the proposed project would not affect federally listed endangered or
threatened species or their formally designated critical habitat.

- The Corps determines that the proposed project may affect federally listed endangered or threatened
species or their formally designated critical habitat.
The Corps initiates consultation under Section 7 of the ESA and will not make a permit decision
until the consultation process is complete.

X - The Corps is not aware of the presence of species listed as threatened or endangered or their
critical habitat formally designated pursuant to the Endangered Species Act of 1973 (ESA) within
the project area. The Corps will make a final determination on the effects of the proposed project
upon additional review of the project and completion of any necessary biological assessment and/or
consultation with the U.S. Fish and Wildlife Service and/or National Marine Fisheries Service.

Other Required Authorizations

The Corps forwards this notice and all applicable application materials to the appropriate State
agencies for review.

North Carolina Division of Water Resources (NCDWR): The Corps will generally not make a final
permit decision until the NCDWR issues, denies, or waives the state Certification as required by
Section 401 of the Clean Water Act (PL 92-500). The receipt of the application and this public
notice, combined with the appropriate application fee, at the NCDWR Central Office in Raleigh
constitutes initial receipt of an application for a 401 Certification. A waiver will be deemed to
occur if the NCDWR fails to act on this request for certification within sixty days of receipt of a
complete application. Additional information regarding the 401 Certification may be reviewed at the
NCDWR Central Office, 401 and Buffer Permitting Unit, 512 North Salisbury Street, Raleigh, North
Carolina 27604-2260. All persons desiring to make comments regarding the application for a 401
Certification should do so, in writing, by January 12, 2016, to:

NCDWR Central Office
Attention: Ms. Karen Higgins, 401 and Buffer Permitting Unit (USPS mailing address): 1617 Mail
Service Center, Raleigh, NC 27699-1617

Or,

(physical address): 512 North Salisbury Street, Raleigh, North Carolina 27604

North Carolina Division of Coastal Management (NCDCM):

- The application did not include a certification that the proposed work complies with and would be
conducted in a manner that is consistent with the approved North Carolina Coastal Zone Management
Program. Pursuant to 33 CFR 325.2 (b)(2) the Corps cannot issue a Department of Army (DA) permit
for the proposed work until the applicant submits such a certification to the Corps and the NCDCM,
and the NCDCM notifies the Corps that it concurs with the applicant’s consistency certification.
As the application did not include the consistency certification, the Corpswill request, upon receipt,
concurrence or objection from the NCDCM.

X - Based upon all available information, the Corps determines that this application for a Department
of Army (DA) permit does not involve an activity which would affect the coastal zone, which is
defined by the Coastal Zone Management (CZM) Act (16 U.S.C. § 1453).

Evaluation

The decision whether to issue a permit will be based on an evaluation of the probable impacts
including cumulative impacts of the proposed activity on the public interest. That decision will
reflect the national concern for both protection and utilization of important resources. The
benefit which reasonably may be expected to accrue from the proposal must be balanced against its
reasonably foreseeable detriments. All factors
which may be relevant to the proposal will be considered including the cumulative effects thereof;
among those are conservation, economics, aesthetics, general environmental concerns, wetlands,
historic properties, fish and wildlife values, flood hazards, flood plain values (in accordance
with Executive Order 11988), land use, navigation, shoreline erosion and accretion, recreation,
water supply and conservation, water quality, energy needs, safety, food and fiber production,
mineral needs, considerations of property ownership, and, in general, the needs and welfare of the
people. For activities involving the discharge of dredged or fill materials in waters of the United
States, the evaluation of the impact of the activity on the public interest will include
application of the Environmental Protection Agency’s 404(b)(1) guidelines.

Commenting Information

The Corps of Engineers is soliciting comments from the public; Federal, State and local agencies
and officials, including any consolidated State Viewpoint or written position of the Governor;
Indian Tribes and other interested parties in order to consider and evaluate the impacts of this
proposed activity. Any comments received will be considered by the Corps of Engineers to determine
whether to issue, modify, condition or deny a permit for this proposal. To make this decision,
comments are used to assess impacts on endangered species, historic properties, water quality,
general environmental effects and the other public interest factors listed above. Comments are used
in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement
(EIS) pursuant to the National Environmental Policy Act (NEPA). Comments are also used to determine
the need for a public hearing and to determine the overall public interest of the proposed
activity.

Any person may request, in writing, within the comment period specified in this notice, that a
public hearing be held to consider the application. Requests for public hearings shall state, with
particularity, the reasons for holding a public hearing. Requests for a public hearing shall be granted,
unless the District Engineer determines that the issues raised are insubstantial or there is otherwise
no valid interest to be served by a hearing.

The Corps of Engineers, Wilmington District will receive written comments pertinent to the proposed
work, as outlined above, until 5pm, January 20, 2016. Comments should be submitted to Jean Gibby,
Raleigh Regulatory Field Office, 3331 Heritage Trade Drive, Suite 105, Wake Forest, North Carolina
at (919) 554-4884, Ext 24.

DISCLAIMER: Please download the attached PDF version of this notice for complete information, proper formatting, and inclusion of tables and figures.