HomeMy WebLinkAbout20170681 Ver 1_401 Application_20170531o 0� ,Iw A L,E9?c
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a
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre -Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the
Corps:®
Section 404 Permit ElSection 10 Permit
1 b. Specify Nationwide Permit (NWP) number: NWP 14 or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps?
❑ Yes ® No
1d. Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e. Is this notification solely for the record
because written approval is not required?
For the record only for DWQ 401
Certification:
❑ Yes ® No
For the record only for Corps Permit:
❑ Yes ® No
1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu
fee program.
❑ Yes ® No
1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h
below.
❑ Yes ® No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes ® No
2. Project Information
2a. Name of project:
Birdie Solar Farm (previously referred to as Bradybuck Solar Farm)
2b. County:
Columbus
2c. Nearest municipality / town:
Whiteville
2d. Subdivision name:
2e. NCDOT only, T.I.P. or state
project no:
3. Owner Information
3a. Name(s) on Recorded Deed:
Besterfeldt
3b. Deed Book and Page No.
387/592
3c. Responsible Party (for LLC if
applicable):
t, ,
3d. Street address:
2145 Blue Heron Lane 01) _
3e. City, state, zip:
Camden, SC 29020 401 FF tF
803.173.9997 R PEF�M'`CES
3f. Telephone no.:
3g. Fax no.:
3h. Email address:
Ibestc@yahoo.com
Page 1 of 11
PCN Form — Version 1.3 December 10, 2008 Version
1
4. Applicant Information (if different from owner)
4a. Applicant is:
❑ Agent ® Other, specify: Developer
4b. Name:
Mr. Evan Riley
4c. Business name
(if applicable):
Birdie Solar, LLC
4d. Street address:
3250 Ocean Park Boulevard
4e. City, state, zip:
Santa Monica CA, 90405
4f. Telephone no.:
843.670.6013
4g. Fax no.:
828.350.3997
4h. Email address:
ben.manuel@ccrenew.com
S. Agent/Consultant Information (if applicable)
5a. Name:
Bradley S. Luckey
5b. Business name
(if applicable):
Pilot Environmental Inc.
5c. Street address:
PO Box 128
5d. City, state, zip:
Kernersville, NC 27285
5e. Telephone no.:
336.708.4997
5f. Fax no.:
5g. Email address:
bluckey@pilotenviro.com
Page 2 of 11
PCN Form — Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
0293-68-1050
1b. Site coordinates (in decimal degrees):
Latitude: 34.40431 Longitude: - 78.6817
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size:
17.7 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
White Marsh
proposed project:
2b. Water Quality Classification of nearest receiving water:
Class C, Swamp waters (Sw)
2c. River basin:
Lumber
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The site contains undeveloped agricultural fields and wooded lands. The site is located within a rural area of Whiteville,
NC.
3b. List the total estimated acreage of all existing wetlands on the property:
—0.05 acres
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
Open Waters (Ditches) _ —0.15 acres (1,600LF, AW=4')
3d. Explain the purpose of the proposed project:
The purpose of the proposed project is to provide access during development and long term maintenance of the site as a
solar farm.
3e. Describe the overall project in detail, including the type of equipment to be used:
The overall project consists of development of the site with a proposed solar farm. In order to provide safe access and
interconnection of the site, an access road and open water crossing are necessary. To facilitate development of the site
and construction of the proposed open water crossing, clearing and grading the site is necessary. Graders, haulers,
excavators and other heavy equipment will be used during site construction.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
® Yes ❑ No El Unknown
project (including all prior phases) in the past.
Comments: SAW -2016-01812
4b. If the Corps made the jurisdictional determination, what type
®Preliminary El Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas?
Agency/Consultant Company: Pilot Enviromental, Inc.
Name (if known): Michael Brame/Catherine Carston
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
USACE JD=11.10.17
5. Project History
5a. Have permits or certifications been requested or obtained for
❑ Yes ❑ No ® Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
Page 3 of 11
PCN Form — Version 1.3 December 10, 2008 Version
6. Future Project Plans
6a. Is this a phased project? ❑ Yes ® No
6b. If yes, explain.
The project is not part of a phased project. Impacts to streams/wetlands, outside of those proposed in this application,
are not anticipated as a result of the proposed project.
Page 4 of 11
PCN Form — Version 1.3 December 10, 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
1a. Which sections were completed below for your project (check all that apply):
❑ Wetlands ❑ Streams - tributaries ❑ Buffers
® Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
2b.
2c.
2d.
2e.
2f.
Wetland impact
Type of jurisdiction
number —
Type of impact
Type of wetland
Forested
(Corps - 404, 10
Area of impact
Permanent (P) or
(if known)
DWQ — non -404, other)
(acres)
Temporary T
W1 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W2 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W3 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W4 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W5 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W6 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
2g. Total wetland impacts
2h. Comments: Wetland impacts are not proposed.
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
3b.
3c.
3d.
3e.
3f.
3g.
Stream impact
Type of impact
Stream name
Perennial
Type of jurisdiction
Average
Impact
number -
(PER) or
(Corps - 404, 10
stream
length
Permanent (P) or
intermittent
DWQ — non -404,
width
(linear
Temporary (T)
(INT)?
other)
(feet)
feet)
S1 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S2 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S3 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S4 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S5 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S6 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
3h. Total stream and tributary impacts
3i. Comments: Stream impacts are not proposed.
Page 5 of 11
PCN Form — Version 1.3 December 10, 2008 Version
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a.
4b.
4c.
4d.
4e.
Open water
Name of waterbody
impact number —
(if applicable)
Type of impact
Waterbody type
Area of impact (acres)
Permanent (P) or
Temporary T
01 ® P ® T
Unnamed
Fill/Pump Around
Ditch
0.008/0.003
02 ❑P
03 ❑P❑T
04 ❑P❑T
4f. Total open water impacts
0.008/0.003
4g. Comments: The proposed open water crossing will have a cumulative permanent impact to 0.008 acres of open water
drainage ditch. Of the 0.008 acres of impact, 140 SF of impact will be from rip -rap fill and 210 SF of impact will be from culvert
fill. The proposed open water crossing will temporarily impact 0.003 acres (135SF) of the ditch by associated coffer
dam/pump around. Following culvert installation, areas of temporary disturbance will be restored to similar pre -construction
conditions.
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
5a.
5b.
5c.
5d.
5e.
Wetland Impacts (acres)
Stream Impacts (feet)
Upland
Pond ID
Proposed use or purpose
(acres)
number
of pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5L Total
5g. Comments: Construction of ponds/lakes are not proposed.
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
Page 6 of 11
PCN Form — Version 1.3 December 10, 2008 Version
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a.
❑ Neuse ❑Tar -Pamlico ®Other: Lumber
Project is in which protected basin?
❑ Catawba ❑ Randleman
6b.
6c.
6d.
6e.
6f.
6g.
Buffer impact
number—
Reason
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P) or
for
Stream name
mitigation
(square feet)
(square feet)
Temporary T
impact
required?
B1 ❑P❑T
El Yes
❑ No
B2 ❑P
El Yes
❑ No
B3 ❑P
EI Yes
❑ No
6h. Total buffer impacts
6i. Comments: Buffer impacts are not proposed.
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Due to the development and use of the site as a solar farm, a road must be constructed to provide access to the site during
construction and long term maintenance of the site as a solar farm. The road width has been designed to the minimal width
necessary to safely accommodate heavy equipment and tractor trailers. The applicant has designed the open water crossing
to utilize approximate 3'6" head/end walls, thus, minimizing the area of impact associated with road side slope fill.
The solar array and necessary infrastructure (overhead/underground voltage lines, inverters, etc.) have been designed to
avoid impacts to jurisdictional streams, wetlands and ponds.
There are approximately 0.05 acres of wetlands and 0.18 acres of open water drainage ditches located on the site. The 0.05
acres of wetlands and the remaining 0.0142 acres of open water drainage ditches are being avoided.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
The clearing limits will be staked and silt fence will be used. A temporary coffer dam will be installed upgradient of the
proposed culvert. During construction, water will be pumped around the construction footprint. Appropriate bank protection
will be provided in the channel during construction and all excess excavated material will be immediately removed from the
crossing area. Upon completion of the culvert installation, the temporary sand bag coffer dams will be removed and flow will
be diverted through the culvert. Following construction, disturbed banks will be restored to similar pre -construction conditions,
matted and seeded/live staked.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
❑ Yes ® No
impacts to Waters of the U.S. or Waters of the State?
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
❑ Mitigation bank
2c. If yes, which mitigation option will be used for this
Payment to in -lieu fee program
project?
❑ Permittee Responsible Mitigation
Page 7 of 11
PCN Form — Version 1.3 December 10, 2008 Version
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type
Quantity
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b. Stream mitigation requested:
linear feet
4c. If using stream mitigation, stream temperature:
❑ warm ❑ cool ❑cold
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
acres
4f. Non -riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
❑ Yes ® No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 8of11
PCN Form — Version 1.3 December 10, 2008 Version
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ® No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ❑ No
Comments: There are no discharges into protected buffers on the site.
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project?
<5 %
2b. Does this project require a Stormwater Management Plan?
❑ Yes ® No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why: Based on the % impervious, a
stormwater management plan is not requried.
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
❑ Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan?
❑ DWQ Stormwater Program
® DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project?
❑ Phase II
3b. Which of the following locally -implemented stormwater management programs
❑ NSW
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other:
3c. Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
4. DWQ Stormwater Program Review
❑ Coastal counties
❑ HQW
4a. Which of the following state -implemented stormwater management programs apply
❑ ORW
(check all that apply):
❑ Session Law 2006-246
❑ Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached?
❑ Yes ❑ No
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b. Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 9 of 11
PCN Form — Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1a. Does the project involve an expenditure of public (federal/state/local) funds or the
❑ Yes ® No
use of public (federal/state) land?
1 b. If you answered 'yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes ® No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.)
❑ Yes ® No
Comments: We are not aware of a NEPA or SEPA being required or completed as
part of this project.
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
❑ Yes ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after -the -fact permit application?
❑ Yes ® No
2c. If you answered 'yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered 'yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
We are not aware of additional development that will impact nearby downstream water quality.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
Wastewater will not be generated by the proposed project.
Page 10 of 11
PCN Form — Version 1.3 December 10, 2008 Version
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
❑ Yes ® No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
® Yes ❑ No
impacts?
® Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted.
❑ Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
USFWS Letter dated, 11.3.16 (attached)
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
Based on our knowledge of the site, the site is not located in or near an area designated as essential fish habitat. Best
management practices and the use of temporary sediment and erosion control devices will prevent sediment from entering
down -gradient waterbodies which may contain fish.
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
❑ Yes ® No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
SHPO Letter dated 11.3.16 (attached)
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 100 -year floodplain?
❑ Yes ® No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? FEMA FIRM 3720029300J
/ Digitally signed by Bradley S. Luckey
DN: cn=Bradley S. Luckey, o=Pilot
Environmental, Inc., ou,
%%
Bradley S. Luckey
email=bluckey@pilotenviro.com, c=US
`
5.26.17
Date: 2017.05.2610:10:36 -04'00'
v
Applicant/Agent's Printed Name
Date
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization letter from the applicant
isprovided.)
Page 1 1 of 11
PCN Form — Version 1.3 December 10, 2008 Version
DocuSign Envelope ID: 81F3031B-54D8-4045-B011-4540BD3EA07C
AGENT AUTHORIZATION
This form authorizes PEI to act as our agent in stream/wetland matters including U.S. Army Corps
of Engineers and North Carolina Division of Water Resources field verification and permitting.
Property Address:
7288 Red Hill Road
Whitevil e, NC 28472
Applicant Information:
Name:
Birdie Solar, LLC
3250 Ocean Park Blvd. Suite 355
Address:
Santa Monica, CA 90405
843-670-6013
Telephone Number:
828-350-3997
Fax Number:
E-mail Address:
ben.manuel@ccrenew.com
DmuSigned by:
5/4/2017
Signature: Date:
NORTH
N
0' 100' 200'
1" = 200'
SITE DATA
PIN # OWNER(S) PARCEL AREA
OWNER(S) ADDRESS
SITE ADDRESS
0293-68-1050 LINDA BESTERFELDT 20.82
2145 BLUE HERON LANE
7288 RED HILL ROAD
CAMDEN, SC 29020
WHITEVILLE, NC 28472
LAT/LONG JURISDICTION
RIVER BASIN
WATERSHED (NEAREST)
34.40467/-78.68392 COLUMBUS CO.
LUMBER
WHITE MARSH
EXISTING
NON -JURISDICTIONAL DITCH
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DATE: 04/27/17
DRAWN BY: ALP
CHECKED BY: KPB
OVERALL
PLAN
1 of 4
60'
20' 20'
2% (MIN.)
5:1 M �-
/ TOP OF CONCRETE
/ HEADWALL
RIP RAP
(1' BELOW EXISTING GRADE)
15" RCP - CLASS N
2% (MN.) �
STONE (DEPTH OF 6")
PIPE CROSSING CROSS SECTION
(NOT TO SCALE)
:1 MAX
20'
PERMANENT IMPACT AREAS
DITCH
(RIP -RAP)
10 LF/90 SF/ 10 CY
-DITCH T
130 LF / 270 SF 130 CY
3'6 \
HEADWALL \
HEIGHT \
EXISTING RPW
NOTES
1. JURISDICTIONAL DITCH DELINEATION PROVIDED BY PILOT ENVIRONMENTAL, INC.
2. DISTURBANCE AT THE JURISDICTIONAL DITCH IMPACTS SHALL BE MINIMIZED TO THE EXTENT PRACTICABLE FOR
THE PROPOSED IMPROVEMENTS.
3. THE CONSTRUCTION SHALL BE CONSTRUCTED IN ACCORDANCE WITH ALL USACOE AND NCDEQ STANDARDS.
4. ALL TEMPORARY EROSION CONTROL MEASURES SHALL BE MAINTAINED IN PROPER WORKING CONDITION
THROUGHOUT CONSTRUCTION.
5. INSTALL TEMPORARY SILT FENCE STONE OUTLETS AT LOW POINTS IN SILT FENCE AS NECESSARY.
6. ADDITIONAL EROSION CONTROL MEASURES AND/OR MODIFICATIONS TO PROPOSED MEASURES MAY BE
NECESSARY BASED UPON ACTUAL FIELD CONDITIONS.
LEGEND
PROPOSED ACCESS ROAD
EXISTING MAJOR CONTOURS
EXISTING MINOR CONTOURS
STREET CENTERLINE
TREELINE (EXISTING)
TREELINE (PROPOSED)
DITCH BOTTOM
PROPERTY LINE ----------
PROPOSED MINOR CONTOURS- - - - - - -
PROPOSED MAJOR CONTOURS- - - - - - -
EXISTING OVERHEAD UTILITY OHE OHE --
LIMITS OF DISTURBANCE — Loo — LoD —
TOP OF BANK — T06— TOB -
15" RCP
6"
TEMPORARY IMPACT AREAS
DITCH 15 LF / 135 SF 115 CY
RIP -RAP
10' IN LENGTH -
PERMANENT JURISDICTIONAL -\ (TYp,)
DITCH DISTURBANCE
— LoD — LoD — LOD —LoD —
LoD
SELECT BACKFILL
MATERIAL
- EXISTING
FINISHED
GRADE
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m1 o WHITEVILLE, COLUMBUS CO, NC 28472 RENEWABLES
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1� r > N NO. DATE ISSUED NO. DATE ISSUED
601-A WEST MAIN STREET CARRBORO, NORTH CAROLINA 27510
v
(919) 240-4815 NC LICENSE: D-0383
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW -2016-01812 County: Columbus U.S.G.S. Quad: Clarkton
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner: Linda Eesterfeldt
2145 Blue Heron Lane
Camden South Carolina 29020
Agent: Michael Brame
Box 128
ernersville, forth Catalina 27285
Size (acres) 17.7 -acres Nearest TownWhitevitle
Nearest Waterway UNT to White Marsh Swamp River Basin Lumber
USGS HUC 03040206 Coordinates Latitude: 34.404313 N
Longitude: -78.681269 W
Location description: The property is located at 7288 Red Hilt Road (Parcel No 27331), in Whitevltte,
Columbus Countv, North Carolina The proiect site consists of active agricultural land. The nropertl
borders Red Hill Road to the west, agricultural land to the south and undeveloped forested land to the
north and east.
Indicate Which of the Followine Apply:
A. Preliminary Determination
X There appear to be waters of the U.S. on the above described property, as depicted on the attached exhibit, that
may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344). This preliminary jurisdictional
determination may be used in the permit evaluation process, including determining compensatory mitigation.
This preliminary determination is not an appealable action under the Regulatory Program Administrative
Appeal Process (Reference 33 CFR Part 331). However, you may request an approved 3D, which is an
appealable action, by contacting the Corps district for further instruction.
B. Approved Determination
_ "There are Navigable Waters of the United States within the above described property subject to the permit
requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless
there is a change in the law or our published regulations, this determination may be relied upon for a period not
to exceed five years from the date of this notification.
_ There are wetlands on the above described project area subject to the permit requirements of Section 404 of the
Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations,
this determination may be relied upon for a period not to exceed five years from the date of this notification.
_ We strongly suggest you have the waters of the U.S. including wetlands on your project area delineated.
Due to the size of your property andlor our present workload, the Corps may not be able to accomplish this
wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant.
To be considered final, any delineation must be verified by the Corps.
_ The wetlands on your project area have been delineated and the delineation has been verified by the Corps.
We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and
verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to GWA
jurisdiction on your property which, provided there is no change in the law or our published regulations, may
be relied upon for a period not to exceed five years.
_ The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on
the plat identified below. Unless there is a change in the law or our published regulations, this determination
may be relied upon for a period not to exceed five years from the date of this notification.
_ There are no waters of the U.S., to include wetlands, present on the above described property which are subject
to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in
the law or our published regulations, this determination may be relied upon for a period not to exceed five years
from the date of this notification.
The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area
Management Act (CAMA). You should contact the Division of Coastal Management in
Wilmington, NC, at (910) 796-7215 to determine their requirements.
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army
permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). if you have any
questions regarding this determination and/or the Corps regulatory program, please contact Tom Charles at 910-
2514101 or Thom as.p.charles(kuusace.armv.mil.
C. Basis for Determination: Portions of this site may contain Relatively Permanent Waters (RPW)This
determination is based on a Desk top review conducted by Tom Charles of the Corps on November 10
2016. The enclosed man titled "Wetland Map Brandybuck Solar Farm Approximate 17.7 Acre Tract
Red Hill Road, Whiteville. Columbus County, North Carolina, PEI Project 2225" dated 9/27116
accurately depicts the approximate extent of on-site waters of the U.S. that may be (urisdictional under
Section 404 of the Clean Water Act.
D. Remarks:
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for
the particular site identified in this request. The delineation/determination may not be valid I'or the wetland
conservation provisions of the food Security Act of 1985. if you or your tenant are USDA Program participants, or
anticipate participation in USIA programs, you should request a certified wetland detennination from the local
office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as
indicated in B. above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object
to this determination, you may request an administrative appeal under Corps regulations at 33 GFR Part 331.
Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If
you request to appeal this determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room l OM 15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the
criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of
the date of the NAF'. Should you decide to submit an RFA form, it must be received at the above address by N/A.
**It is not necessary to submit art RFA form to the Division Office if you do not object to the determination in this
correspondence. * *
�t
Corps Regulatory Official:
Date: November 10, 2016
Expiration Date: No Expiration
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at
htt ://re�palatory.usacesurvev.co.
VVedondb
L DP-�, Data Point
WA Feature- td
THE LOCATIONS OF FEATURES SHOWN ON THIS MAP ARE PRELIMINARY. THEY HAVE NOT BEEN VERIFIED BY THE USACE AND/C
THE NCDEQ-DWR. THIS EXHIBIT INCLUDES GPS LOCATIONS OF JURISIDICTIONAL FEATURES. DELINEATED BY MICHAEL BRAME AN
CATHERINE CARSTON ON 9,27.16
Drawing 5
Aerial Imagery from ESR|
and PEI GPS Data
Scale: 1"=200'
Date: 9.29.16
Wetland Map
8randvbuckSolar Farm
Approximate 17.7Acre Tract
Red Hill Road
VVhb2Vi/|e,Columbus County, N[
PEI Project 2225
United States Department of the Interior
Catherine Carston
Pilot Environmental Inc.
PO Box 128
Kernersville, NC 27285
FISH AND WILDLIFE SERVICE:
Raleigh E5 Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
November 3, 2016
Re: Brandybuck Solar Farm —Columbus County. NC
Dear Mrs. Carston:
This letter is in response to your request for information on your proposed solar project, listed
above. Our comments are submitted pursuant to, and in accordance with, provisions of the
Endangered Species Act (the Act).
Based on the information provided and other information available, it appears that the proposed
action is not Iikely to adversely affect any federally -listed endangered or threatened species, their
formally designated critical habitat, or species currently proposed for listing under the Act at
these sites. We believe that the requirements of section 7(a)(2) of the Act have been satisfied for
your project. Please remember that obligations under section 7 consultation must be
reconsidered if: (1) new information reveals impacts of this identified action that may affect
listed species or critical habitat in a manner not previously considered; (2) this action is
subsequently modified in a manner that was not considered in this review, or, (3) a new species
is listed or critical habitat determined that may be affected by the identified action.
However, the Service is concerned about the potential impacts the proposed action might have
on aquatic species. Aquatic resources are highly susceptible to sedimentation. Therefore, we
recommend that all practicable measures be taken to avoid adverse impacts to aquatic species,
including implementing directional boring methods and stringent sediment and erosion control
measures. An erosion and sedimentation control plan should be submitted to and approved by
the North Carolina Division of Land Resources, Land Quality Section prior to construction.
Erosion and sedimentation controls should be installed and maintained between the construction
site and any nearby down -gradient surface waters. We recommend maintaining natural,
vegetated buffers on all streams and creeks adjacent to the project site.
In addition, we encourage the use of natural vegetation management practices (such as sheep
grazing) and the planting or seeding of native pollinator plant species where possible on the site.
If you are interested in pursuing these and other efforts to improve habitat for various species
(such as bird houses and bat boxes), please feel free to contact us.
In general, the Service recommends that solar facilities be sited in areas that are previously
disturbed, or sites that do not impact mature forest, wetlands, or streams. The North Carolina
Wildlife Resources Commission has developed a Guidance Memorandum (a copy can be found
on our website at (http://www.fws.gov/raleigh) to address and mitigate secondary and
cumulative impacts to aquatic and terrestrial wildlife resources and water quality. We
recommend that you consider this document in the development of your projects and in
completing an initiation package for consultation (if necessary).
If you have any questions or comments, please contact Kathy Matthews of this office at (919)
8564520 ext. 27.
Sincerely,
to Benjamin
Field Supervisor
N
North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Pat McCrory
Secretary Susan Kluttz
November 3, 2016
Brad Luckey
Pilot Environmental, Inc.
PO Box 128
Kernersville, NC 27285
Office of Archives and History
Deputy Secretary Kevin Cherry
Re: Construct Brandybuck Solar Farm, Red Hill Road, Whiteville, PEI 2225, Columbus County,
ER 15-1230
Dear Mr. Luckey:
Thank you for your letter of October 6, 2016, concerning the above project.
This area was previously reviewed as WilsonBesterfeldt Solar Farm. We have conducted a review of the
project and are aware of no historic resources which would be affected by the project. Therefore, we have
no comment on the project as proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36
CFR Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579 or
environmental.review(&ncdcr.gov. In all future communication concerning this project, please cite the
above referenced tracking number.
Sincerely,
600( Ramona M. Bartos
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 TelephonelFax: (919) 807-65701807-6599
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Brandybuck Solar Farm
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Whiteville, Columbus County, NC
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'` LEGEND
Site Boundary
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Brandybuck Solar Farm
Approximate 17.7 Acre Tract
Red Hill Road
Whiteville, Columbus County, NC
PEI Proiect 2225