HomeMy WebLinkAbout20211866 Ver 1_ePCN Application_20211220fr.,f DW R
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Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
December 6, 2021 Ver 4.2
Initial Review
Has this project met the requirements for acceptance in to the review process?*
Yes
No
Is this project a public transportation project?*
Yes No
Change only,f needed.
BIMS # Assigned*
Version#*
20211866
1
Is a payment required for this project?
No payment required
What amout is owed?*
Fee received
$240.00
Fee needed - send electronic notification
$570.00
Reviewing Office*
Select Project Reviewer*
Raleigh Regional Office - (919) 791-4200
Colleen Cohn:eads\cmcohn
Information for Initial Review
1a. Name of project:
Virginia Line Solar Site
1a. Who is the Primary Contact?*
Emma Radford, WPIT
1 b. Primary Contact Email: * 1c. Primary Contact Phone:*
emma.radford@kimley-horn.com (919)677-2215
Date Submitted
12/20/2021
Nearest Body of Water
Ellington Branch and Newmans Creek
Basin
Roanoke
Water Classification
C
Site Coordinates
Latitude:
Longitude:
36.512871
-78.282959
A. Processing Information u
County (or Counties) where the project is located:
Warren
Is this a NCDMS Project
Yes No
Is this project a public transportation project?*
Yes No
1a. Type(s) of approval sought from the Corps:
Section 404 Permit (wetlands, streams and waters, Clean Water Act)
Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
Yes
No
1 b. What type(s) of permit(s) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
51 - Land -based Renewable Energy
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
1f. Is this an after -the -fact permit application?*
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1 h. Is the project located in any of NC's twenty coastal counties?
Yes No
1j. Is the project located in a designated trout watershed?
Yes No
B. Applicant Information
1d. Who is applying for the permit?
Owner Applicant (other than owner)
le. Is there an Agent/Consultant for this project?
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
Blue Ridge Power, LLC (under option to lease)
2b. Deed book and page no.:
2c. Contact Person:
Charlie Humes, P.E.
2d.Address
Street Address
130 Roberts Street
Address Line 2
City
Asheville
Postal / Zip Code
28801
2e. Telephone Number:
(828)307-0775
2g. Email Address:
chumes@blueridgepower.com
401 Water Quality Certification - Express
Riparian Buffer Authorization
State / Province / Region
NC
Country
USA
2f. Fax Number:
Yes No
Yes No
U
4. Agent/Consultant (if applicable)
4a. Name:
Emma Radford, WPIT
4b. Business Name:
Kimley-Horn
4c.Address
Street Address
421 Fayetteville Street, Suite 600
Address Line 2
City
Raleigh
Postal / Zip Code
27601
4d. Telephone Number:
(919)677-2215
4f. Email Address:"
emma.radford@kimley-horn.com
C. Project Information and Prior Project History
1. Project Information
1 b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Manson
2. Project Identification
2a. Property Identification Number:
2c. Project Address
Street Address
(See attached Property Owner Map: Figure 5)
Address Line 2
City
Postal / Zip Code
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Ellington Branch and Newmans Creek
3b. Water Resources Classification of nearest receiving water:*
C
3c. What river basin(s) is your project located in?*
Roanoke
3d. Please provide the 12-digit HUC in which the project is located.
030101060204 and 030101021003
4. Project Description and History
State / Province / Region
NC
Country
USA
4e. Fax Number
2b. Property size:
711
State / Province / Region
Country
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: *
This Site occupies portions of 5 parcels and is located along Drewry -Virginia Line Road, approximately two miles south of the North Carolina/Virginia state line in Warren County, INC. Land
use within the Site and its vicinity is largely composed of agricultural fields, undeveloped riparian corridors, and hardwood and planted pine forests. Single-family residential homes are
scattered throughout the surrounding landscape.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?
Yes No Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
38 acres
4g. List the total estimated linear feet of all existing streams on the property:
21,996 LF
u
4h. Explain the purpose of the proposed project:'
The purpose of the proposed project is to develop a solar photovoltaic (PV) generation facility.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The proposed project involves the construction of a PV generation facility and substation. The project would include the installation of solar arrays, the construction of several access
roads, and the construction of a substation. The project proposes to cross three jurisdictional streams and one wetland with permanent interior roads to connect the otherwise landlocked
portions of the proposed solar arrays within the Site. Typical site development and construction equipment will be utilized including dump trucks, graders, bulldozers, excavators, and
concrete trucks.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No Unknown
Comments:
A combined Preliminary and Approved Jurisdictional Determination for the Site was issued by Jean
Gibby of the USACE on March 25, 2019 (SAW-2017-02509).
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
SAW-2017-02509
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company: TRC Companies, Inc.
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
A combined Preliminary and Approved Jurisdictional Determination for the Site was issued by Jean Gibby of the USACE on March 25, 2019 (SAW-2017-02509).
6. Future Project Plans
6a. Is this a phased project?*
Yes No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
No additional permits are anticipated as part of the proposed project.
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries Buffers
Open Waters Pond Construction
2. Wetland Impacts
2a1 Reason (?)
2b. Impact type*(?)
2c. Type of W.
2d. W. name*
2e. Forested*
2f. Type of Jurisdicition*
(?)
2g. Impact
area
Site 1
Road Crossing
P
Bottomland Hardwood Forest
Wetland W2
Yes
Corps
0.020
(acres)
Site 1
Temporary Construction
T
Bottomland Hardwood Forest
Wetland W2
Yes
Corps
-A
0.030
Access
(acres)
Site 2
Road Crossing
P
Bottomland Hardwood Forest
Wetland W2
Yes
Corps
0.030
(acres)
Site 2
Temporary Construction
T
Bottomland Hardwood Forest
Wetland W2
Yes
Corps
0.020
Access
(acres)
2g. Total Temporary Wetland Impact
0.050
2g. Total Wetland Impact
0.100
2g. Total Permanent Wetland Impact
0.050
2i. Comments:
Unavoidable impacts to wetland W2 will result from the proposed project. Wetland W2 will be impacted as a result of the construction of two permanent
access roads within the proposed solar facility. Proposed permanent impacts to wetland W2 will result from the grading necessary to build the crossing
and the installation of culverts, and riprap dissipater pads at Site 1 and Site 2. Wetland W2 will be temporarily impacted as a result of construction
access. All temporarily disturbed areas will be returned to pre -construction contours after completion of the project.
3. Stream Impacts
3a. Reason for impact (?)
3b.lmpact type*
3c. Type of impact*
3d. S. name*
3e. Stream Type*
Type of
3gSwidth*
3h. Impact
❑
[3f.
urisdiction*
length*
S1
Site 1 - Temporary
Temporary
Dewatering
Stream D4
Perennial
Both
33
Construction Access
Average (feet)
(linear feet)
S2
Site 1 - Culvert Re lacement
P
Permanent
Culvert
Stream D4
Perennial
Both
4
6
Average (feet)
Qinear feet)
S3
Site 1 - Riprap Stabilization
Permanent
Rip Rap Fill
Stream D4
Perennial
Both
11
Average (feet)
(linear feet)
S4
Site 2 - Temporary
Temporary
Dewatering
Stream D7
Perennial
Both
30
Construction Access
Average (feet)
(linear feet)
S5
Site 2 - Channel Real i nment
9
Permanent
Relocation
Stream D7
Perennial
Both
2
51
Average (feet)
Qinear feet)
S6
Site 2 - Culvert Replacement
Permanent
Culvert
Stream D7
Perennial
Both
2
6
Average (feet)
Qinear feet)
g7
Site 2 - Riprap Stabilization
Permanent
Rip Rap Fill
Stream D7
Perennial
Both
26
Average (feet)
Qinear feet)
gg
Site 3 - Temporary
Temporary
Dewatering
Stream S13
Perennial
Both
37
Construction Access
Average (feet)
(linear feet)
S9
Site 3 - Culvert
Permanent
Culvert
Stream S13
Perennial
Both
4
28
Average (feet)
(linear feet)
S10
Site 3 - Riprap Stabilization
Permanent
Rip Rap Fill
Stream S13
Perennial
Both
11
Average (feet)
Qinear feet)
31. Total jurisdictional ditch impact in square feet:
31. Total permanent stream impacts:
139
31. Total stream and ditch impacts:
239
3i. Total temporary stream impacts:
100
3j. Comments:
Unavoidable impacts to stream D4, D7, and S13 will result from the proposed project. At impact site 1, stream D4 will be impacted as a result of the
construction of a permanent access road within the proposed solar facility. Proposed permanent impacts to stream D4 will result from the installation of a
new culvert that extends out past the existing culvert associated with the permanent access road crossing. Additionally, riprap dissipater pads will be
installed for inlet/outlet protection and will be keyed in to the bank and bed of stream D4 resulting in permanent impacts to the stream, but no net loss of
waters. At impact site 2, proposed permanent impacts to stream D7 will result from the installation of a new culvert that extends past the existing culvert
associated with the permanent access road crossing, as well as stream channel realignment located southwest of the proposed culvert outlet. At impact
site 2, proposed permanent impacts to stream D7 will result from the installation of a new culvert that extends past the existing culvert associated with
the permanent access road crossing, as well as stream channel realignment located southwest of the proposed culvert outlet. A new channel will be cut
to allow better and more direct flow to continue through the proposed culvert. Additionally, riprap dissipater pads will be installed for inlet/outlet protection
and will be keyed in to the bank and bed of stream D7 resulting in permanent impacts to the stream, but no net loss of waters. Additionally, riprap
dissipater pads will be installed for inleUoutlet protection and will be keyed in to the bank and bed of stream D7 resulting in permanent impacts to the
stream, but no net loss of waters. At impact site 3, proposed permanent impacts to stream S13 will result from the installation of a culvert associated with
the permanent access road crossing. Additionally, riprap dissipater pads will be installed for inleUoutlet protection and will be keyed in to the bank and
bed of stream S13 resulting in permanent impacts to the stream, but no net loss of waters.
To allow for construction access and installation of the culvert and riprap, streams D4, D7, and S13 will be temporarily diverted with the use of a pump -
around system. All temporarily disturbed areas will be returned to pre -construction contours after completion of the project.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Impacts to the streams and wetlands within the project area have been avoided and minimized to the greatest extent practical by intentional design.
Necessary impacts to wetland W2 and streams D4, D7, and S13 were minimized to the extent practical by aligning the access road crossing over the
streams and wetland to be as close to perpendicular as possible. Headwalls have been proposed as part of the design to reduce culvert length,
therefore reducing stream and wetland impacts even further. At impact site 1 and impact site 2, existing culverts were utilized to minimize permanent
stream impacts. Riprap at the culvert inlets and outlets will be keyed in to the stream banks and bed to ensure no net loss of waters and provide long
term protection at the inlet and outlet sites.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Impacts to streams and wetlands within the project area will be minimized to the extent practical throughout the construction process by avoiding these
features with equipment, materials, and access corridors whenever possible. Staging and construction access routes have been located in upland areas
throughout the study area to the extent possible, and silt fencing will be installed around the limits of disturbance to ensure all equipment is located
within the permitted areas. Sediment control measures will be used to reduce stormwater impacts to receiving waters and minimize runoff from the
construction sites.
u
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
Yes No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
The project proposes to permanently impact 0.0091 acres of stream bed, of which 0.0032 acres will result in no net loss of jurisdictional waters. Due to the minimal streambed that will be
lost as a result of the project, no compensatory mitigation has been proposed.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes No
If no, explain why:
The project is located within the Roanoke River Basin.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?
Yes No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
Yes No
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program?
Yes No
N/A - project disturbs < 1 acre
2d. Which of the following stormwater management program(s) apply:
Local Government State
Local Government Stormwater Programs
Phase II NSW USMP Water Supply
Please identify which local government stormwater program you are using.
Warren County
Comments:
The project is located in an unincorporated area in Warren County. Per NCDWR Post -Construction Stormwater Permitting Map, there are no stormwater programs identified within this
location. Any stormwater permits required by Warren County will be acquired prior to construction.
G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?"
Yes No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)?"
Yes No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?
Yes No
3b. If you answered "no," provide a short narrative description.
The proposed project is a single and complete project. No additional development is anticipated as a result of the proposed project.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?'
Yes No N/A
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
U
5a. Will this project occur in or near an area with federally protected species or habitat?*
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
Yes No
5d. Is another Federal agency involved?*
Yes No
5e. Is this a DOT project located within Division's 1-8?
Yes No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
Yes No
5g. Does this project involve bridge maintenance or removal?
Yes No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
Yes No
Unknown
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
As of December 8, 2021, the US Fish and Wildlife Service (USFWS) Information for Planning and Consulting (IPaC) tool lists no federally listed species
that are known to occur within the project vicinity. Kimley-Horn reviewed the INC Natural Heritage Program (NCNHP) element occurrence database
(updated October 2021) to determine if there are any known occurrences of federally listed species in the project area or project vicinity. A review of the
NCNHP database indicates there are no known occurrences of any federally protected species in or within 1.0 mile of the project study area. Due to the
minimal impact and overall nature of the proposed project, it is anticipated that the project will have no effect on any federally protected species.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat? *
Yes No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?
The NOAA Essential Fish Habitat Mapper was reviewed on December 8, 2021. No essential fish habitat was identified within the project study area or
within the vicinity of the project.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?*
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
A review of the State Historic Preservation Office (NCSHPO) HPOWEB GIS Service database performed on December 8, 2021 identified no national
register, study list, or determined eligible sites within the project study area
Due to the lack of national register, study list, and determined eligible sites within the project area and vicinity, as well as the minimal impact resulting
from the proposed activity, it is anticipated that the project will have no effect on any historic or archaeological resources.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
Yes No
8c. What source(s) did you use to make the floodplain determination?*
The FEMA Digital Flood Insurance Map (DFIRM) Panels 3721200000J (effective April 16, 2007) and 51117C0425C (effective September 11, 2009) were
accessed on December 8, 2021. No flood hazard areas are present within the project's limits of disturbance.
Miscellaneous
u
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when
possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
Click the upload button or drag and drop files here to attach document
01_Virginial-ineSolar_PCN Cover Letter_.pdf
561.77KB
03_VirginiaLine_Figures.pdf
5.38MB
04_SAW-2017-02509 Virginia Line Solar JD_032519.pdf
7.69MB
05_Permit Drawings_VLSolar.pdf
3.1MB
06_OVERALL SITE PLAN.pdf
762.31 KB
02a_SIGNED_VirginiaLineSolar_AgentAuth.pdf
52.84KB
File must be PDF or KMZ
Comments
On behalf of our client, Blue Ridge Power, LLC, Kimley-Horn is submitting the attached application for authorization under Nationwide Permit (NWP) 51 for the above referenced project
located in Warren County, North Carolina. The project proposes the construction of a Solar Photovoltaic (PV) Generation Facility on approximately 711 acres of previously undeveloped
forest and agricultural land (the "Site"). To assist with the processing of this application, the following information is included:
• Signed Agent Authorization Form
Figures
• Preliminary/Approved Jurisdictional Determination
Permit Impact Drawings
• Plan Sheets
If there is any additional information you need to assist in the processing of this NWP application, please do not hesitate to contact me at (919) 677-2215 or Emma.Radford@Kimley-
Horn.com.
Signature u
By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• I have given true, accurate, and complete information on this form;
• I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
• I intend to electronically sign and submit the PCN form.
Full Name:
Emma Radford, WPIT
Signature
Date
12/20/2021