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HomeMy WebLinkAbout20171379 Ver 1_401 Application_20171027TIMMONS GROUP YOUR VISION ACHIEVED THROUGH OURS. October 27, 2017 Mrs. Karen Higgins NC Division of Water Resources 401 and Buffer Permitting Unit 512 N. Salisbury Street Raleigh, NC 27604 5410 Trinity Road P 919.866.4951 Suite 102 F 919.859.5663 Raleigh, NC 27607 www.timmons.com RE: Pre -Construction Notification — General Certification (GC) 4088 Ranchland Solar Currituck County, North Carolina Project #: 39089.007 Dear Mrs. Higgins: On behalf of the Ranchland Solar LLC, Timmons Group is submitting a Preconstruction Notification (PCN) for General Certification (GC) 4088 associated with proposed construction of two road crossings within the existing Ranchland Solar project that is located at the intersection of Ranchland Drive and Ferrell Mill Road in the Town of Moyock, North Carolina within Currituck County. The purpose of the two road crossings are to connect the Ranchland Solar site to the Summit Farms Solar site and to obtain access to the southern section of the Ranchland Solar site from the northern section of the Ranchland Solar site. To accomplish the goals of the proposed project, removal of an existing culvert and replacing it with a smaller culvert is proposed at one location and the installation of a new culvert is proposed at another location. Please find enclosed for your review the following items: Appendix A - Pre -Construction Notification Form - Signed Agent Authorization Appendix B - Figure 1 —Vicinity Map - Figure 2 — Hydrologic Inventory Map - Figure 3 — Environmental Inventory Map - Figure 4 — Parcel Map - Figure 5 — NRCS Soil Survey Map - Figure 6 — Aerial Map Appendix C - Approved Jurisdictional Determination (USACE Action Id. SAW -2016-02311; November 21, 2016) - Ranchland Wetland Map; dated October 17, 2016 - No Permit Required (USACE Action Id. SAW -2016-02311; November 21, 2016) - No Further Action Letter (NC State Environmental Review Clearinghouse; SCH File # 15-E- 4600-0578; May 28, 2015) - Threatened and Endangered Species Review (Angler Environmental; dated June 8, 2017) Appendix D - Road Crossing Exhibit— Lateral A— Plan View - Road Crossing Exhibit — Lateral A — Profile and Cross Sections - Road Crossing Exhibit — Lateral B — Plan View - Road Crossing Exhibit — Lateral B — Profile and Cross Sections CIVIL ENGINEERING I ENVIRONMENTAL I SURVEYING I GIS I LANDSCAPE ARCHITECTURE j CONSTRUCTION SERVICES PROJECT HISTORY & EXISTING CONDITIONS: The site is relatively flat; however, there is some topographic relief across the site. Located within the northern section of site is the Summit Farms Solar site that is +/- 709.18 acres in size. Located within the central and southern sections of the site is the Ranchland Solar site that is +/- 886.76 acres in size. There are two canals (Lateral A Canal and Lateral B Canal) that are aligned east to west and eventually merge and flow north near the northeast corner of the site. Lateral A Canal separates the Summit Farms Solar site from the Ranchland Solar site. Lateral B Canal separates the northern section of the Ranchland Solar site from the southern section of the Ranchland Solar site. There are also three canals that border the east, west, and northern sides of the site, which flow north and east, respectively. There are few highpoints with most of the area flowing into existing ditches, which flow north into each of the canals. There is a smaller area towards the northeastern border of the site, which contains existing ditches that flow west into the canal. There are existing wooded areas that will remain undisturbed. One wooded area exists toward the northeastern portion of the site, located to the west of the canal that flows north. Another wooded area exists towards the center of the site, which has an existing farm path that runs vertically through the middle, as well as horizontally to the north and south. Another wooded area exists towards the southern portion of the entire site that will be undisturbed. A stream and wetland delineation was conducted by the Energy Renewal Partners, LLC. The U.S. Army Corps of Engineers issued an Approved Jurisdictional Determination on November 21, 2016 (see attached; USACE Action Id. SAW -2016-02311). Based on the delineation there are approximately 0.09 acres of wetland and approximately 29,808 linear feet waters of the U.S. located within the project site. Angler Environmental conducted a Threatened and Endangered Species Review (see attached letter dated June 8, 2017). Angler concluded that the proposed project may affect northern long -ear bat (Myotis septentrionalis), but within the permissible scope as defined by the 4(d) rule. In addition, Angler concluded that the project will not affect any of the other federally listed Threatened and Endangered Species. An environmental document was prepared and submitted to the NC State Environmental Review Clearinghouse for review. The NC State Environmental Review Clearinghouse determined that no further action is required in a letter dated May 28, 2015 (see attached; SCH File # 15-E-4600-0578). PROPOSED PROJECT: The Ranchland Solar project is an existing solar panel farm located on a former +/- 886.76 acre agricultural farm located south of Ranchland Drive at the intersection of Ranchland Drive and Ferrell Mill Road in the Town of Moyock, North Carolina within Currituck County. There are existing paths (former farm paths) present along the edges of the project site and against the canals. The project proposes two road crossings to connect the Ranchland Solar site to the Summit Farms Solar site and to obtain access to the southern section of the Ranchland Solar site from the northern section of the Ranchland Solar site. The two proposed road crossings are required to connect the Ranchland Solar site to the Summit Farms Solar site and to obtain access to the southern section of the Ranchland Solar site from the northern section of the Ranchland Solar site. Separating the Ranchland Solar site from the Summit Farms Solar site is Lateral A Canal. Lateral A Canal is in the northcentral section of the project site and aligned in an east to west direction. Separating the northern section of Ranchland Solar site from the southern section is Lateral B Canal. Lateral B Canal is in the southcentral section of the project site and is also aligned in an east to west direction. The locations of each proposed road crossing are labeled as Lateral A (Culver Improvements) and Lateral B (New Crossing) and are shown on Figure 6: Aerial Map. Lateral A (Culvert Improvements): The road crossing at Lateral A Canal is located along an existing road crossing designed to allow access to the Summit Farms Solar site. The existing road crossing contains an existing +/- 56 linear foot culvert structure that is in a degraded condition. The proposed activity at this location involves removal of the existing culvert structure and replacing it with two 72 inch reinforced concrete pipe (RCP) culverts that are 42 linear feet. A rip -rap dissipator pad will be installed flush with the existing grade of the stream bed to allow for aquatic life passage. In addition, an existing ditch is proposed to be relocated at this location that will contain a RCP tied to the existing grade of the stream and contain a rip -rap dissipator pad installed flush to allow for aquatic life passage. Lateral B (New Crossing]: The road crossing at Lateral B Canal is a new proposed road crossing designed to allow access to the southern section of the Ranchland Solar site. The proposed activity involves the placement of new 60 inch RCP culvert that is 42 linear feet. A rip -rap dissipator pad will be installed flush with the existing grade of the stream bed to allow for aquatic life passage. Stream Impact Table Impact Number Type of Impact Stream Width feet Impact Length feet S1 - Lateral A Canal Permanent— Fill — Dissipator Pad 22.5 66 S2 - Lateral A Canal Temporary — Fill — Coffer Dam & Diversion Channel 22.5 10 S3 - Lateral A Canal Permanent — Fill — Dissi ator Pad 6 16 S4 - Lateral B Canal Permanent — Culvert 15 42 S5 - Lateral B Canal Permanent — Fill — Dissi ator Pad 15 15 50 10 S6 - Lateral B Canal Temporary — Fill — Coffer Dam & Diversion Channel Total stream impact 194 The total stream impacts associated with Lateral A (Culvert Improvements) are 92 linear feet. The total stream impacts associated with Lateral B (New Crossing) are 102 linear feet. It should be noted that Lateral A (Culvert Improvements) is located along an existing road crossing within the north central section of the project to allow access to the northern section. The existing road crossing contains an existing +/- 56 linear foot culvert structure that is in a degraded condition. The proposed activity at this location involves removal of the existing +/- 56 linear foot culvert structure and replacing it with two 42 linear feet reinforced concrete pipe (RCP) culverts at the same location. Of the total 194 linear feet of stream impacts, 132 linear feet will be associated with rip -rap dissipator pads, which will be installed flush with the existing grade of the stream bed to allow for aquatic life passage (Stream Impacts S1, S3, and S5). In addition, there will be another 20 linear feet of temporary stream impact associated with the construction of coffer dams and diversion channels for both road crossings (Stream Impacts S2 and S6). Therefore, there will be a total of 42 linear feet of permanent stream impact (Stream Impact S4) associated with one new culvert installation located at Lateral B (New Crossing). Stormwater Management Inverter pads and a gravel drive are located on the site and include 23.71 acres impervious, which is 1.79% of the site. Since the percentage is below 24%, has been permitted as a Low Density project and does not require a stormwater management plan. In addition, grass has been planted throughout the site and maintained. Existing drainages patterns have been maintained, and the sheet flow from storm water is directed across the grassed areas to swales and ditches surrounding the site. AVOIDANCE & MINIMIZATION: Impacts to jurisdictional waters of the U.S. were avoided and minimized to the maximum extent practicable by incorporating resourceful site planning, including the utilization of the wetland delineation to adjust the layout to avoid and minimize impacts. Avoidance and minimization measures were also accomplished during the design of the proposed road crossings. The Applicant has avoided and minimized impacts to the greatest extent practicable given the project's purpose and need. The overall project avoids the +/- 0.09 acres of wetlands located in northeastern portion of site. Avoidance and minimization efforts include locating a crossing over Lateral A along an existing road crossing. Lateral A (Culvert Improvements) road crossing is located along an existing road crossing that contains an existing +/- 56 linear foot culvert structure in a degraded condition. The proposed activity at this location involves removal of the existing +/- 56 linear foot culvert structure and replacing it with two 42 linear foot reinforced concrete pipe (RCP) culverts at the same location. Therefore, the overall culvert length has decreased by 14 linear feet at Lateral A (Culvert Improvements). Minimization efforts were utilized to the maximum extent practicable in designing the road crossing over Lateral B (New Crossing) by crossing Lateral B as close to 90 degrees as possible and confining the culvert impacts to as minimally as possible. Measures will be taken to prevent oil, tar, trash, debris and other pollutants from entering the adjacent jurisdictional waters of the U.S. Any excess excavated materials not utilized as back fill will be placed and contained within upland areas and permanently stabilized to prevent erosion into adjacent waters of the U.S. Stockpiling of excavated material within waters of the U.S. will be strictly prohibited as part of the construction of this project. Proper sedimentation and erosion control methods will be utilized during all phases of construction and installation. The contractor shall install silt fence only as necessary to install devices. All erosion and sediment control measures will be checked for stability and operation following every runoff producing rainfall, but in no case less than once every week. Any needed repairs will be made immediately to maintain all measures designed. An erosion control inspections report will be kept by the owner's representative. Temporary seeding and permanent seeding plans are included to restore impacted areas. The project will meet all relative requirements of Best Management Practices and Engineered Stormwater Control Structures as outlined through the State Stormwater Rules MITIGATION: The total stream impacts associated with Lateral A (Culvert Improvements) are 92 linear feet. The total stream impacts associated with Lateral B (New Crossing) are 102 linear feet. Most of the stream impacts are associated with temporary construction impacts and rip -rap dissipator pads, which will be installed flush with the existing grade of the stream bed to allow for aquatic life passage and. There will be a total of 42 linear feet of permanent stream impact (Stream Impact S4) associated with one new culvert installation located at Lateral B (New Crossing). Therefore at this time, the applicant does not propose compensatory mitigation. SUMMARY: The Ranchland Solar site proposes two road crossings to connect the Ranchland Solar site to the Summit Farms Solar site and to obtain access to the southern section of the Ranchland Solar site from the northern section of the Ranchland Solar site. To accomplish the goals of the proposed project, removal of an existing culvert and replacing it with a smaller culvert is proposed at one location and the installation of a new culvert is proposed at another location. Separating the northern section of Ranchland Solar site from the southern section is Lateral B Canal. Lateral B Canal is in the southcentral section of the project site and is also aligned in an east to west direction. The locations of each proposed road crossing are labeled as Lateral A (Culver Improvements) and Lateral B (New Crossing) and are shown on Figure 6: Aerial Map. As a result, the total stream impacts associated with Lateral A (Culvert Improvements) are 92 linear feet; while the total stream impacts associated with Lateral B (New Crossing) are 102 linear feet. Of the total 194 linear feet of stream impacts, 132 linear feet will be associated with rip -rap dissipator pads, which will be installed flush with the existing grade of the stream bed to allow for aquatic life passage. In addition, there will be another 20 linear feet of temporary stream impact associated with the construction of coffer dams and diversion channels for both road crossings. Therefore, there will be a total of 42 linear feet of permanent stream impact associated with one new culvert installation located at Lateral B (New Crossing). Impacts to jurisdictional waters of the U.S. were avoided and minimized to the maximum extent practicable by incorporating resourceful site planning, including the utilization of the wetland delineation to adjust the layout to avoid and minimize impacts. Avoidance and minimization measures were also accomplished during the design of the proposed road crossings. Since there will be a total of 42 linear feet of permanent stream impact (Stream Impact S4) associated with one new culvert installation located at Lateral B (New Crossing) the applicant does not propose compensatory mitigation at this time. Therefore, we are requesting confirmation that the proposed project qualifies under the conditions GC 4088. Consideration of this project is greatly appreciated. If you should have any questions or require additional information, please do not hesitate to contact me at (984)255-2361. Sincerely, Timmons Group George Buchholz, REM, PWS Senior Environmental Project Manager Attachments: listed above APPEDIX A F_ -lt4A r6,0. Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Hage 1 of 9t] PCN Form — Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a Type(s) of approval sought from the Corps: Section 404 Permit Section 10 Permit 1b Specify Nationwide Permit (NWP) number: 14 or General Permit (GP) number: 4088 1c Has the NWP or GP number been verified by the Corps? X Yes 1 d Type(s) of approval sought from the DWQ (check all that apply): X 401 Water Quality Certification — Regular Non -404 Jurisdictional General Permit 401 Water Quality Certification — Express Riparian Buffer Authorization le Is this notification solely for the record For the record only for For the record only for Corps Permit: because written approval is not required? DWQ 401 Certification: X No X Yes 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 X No or in -lieu fee program. 1g Is the project located in any of NC's twenty coastal counties. If yes, answer X No 1 h below. 1h Is the project located within a NC DCM Area of Environmental Concern (AEC)? X No 2. Project Information 2a Name of project: (Ranchland Solar 2b County: :,urrituck 2c Nearest municipality/ town: Town of Moyock 2d Subdivision name: 2e NCDOT only, T.I.P. or state project no: 3. Owner Information 3a Name(s) on Recorded Deed: (Price Solar LLC 3b Deed Book and Page No. IDB: 1367; PG: 392 3c Responsible Party (for LLC if applicable): 3d Street address: 192 Raceway Drive 3e City, state, zip: (Mooresville, NC 28117 3f Telephone no,' 3g Fax no.. 3h Email address: Hage 1 of 9t] PCN Form — Version 1.4 January 2009 T. /'9FJ FJII{i GSI I L 1111UN I I IQLIVI 1,11 UI I ION GIIL II VI11 VYYIIG11 Ranchland Solar, LLC (Kelly Hoyt !;SunEnergy1 4a Applicant is: 4b Name: 4c Business name (if applicable): 4d Street address: 192 Raceway Drive, 4e City, state, zip: (Mooresville, NC 28117 4f Telephone no.: {704)662-0375 ext. 380 4g Fax no.: 4h Email address: Ikelly.hoyt@SunEnergyl.com S. Agent/Consultant Information (if applicable) George Buchholz, Senior Environmental 5a Name: Consultant/Project Manager 5b Business name Timmons Group (if applicable): 5c Street address: 5410 Trinity Road, Suite 102 5d City, state, zip: (Raleigh, NC 27607 5e Telephone no:; 984.255.2361 5f Fax no.: 919.859.5663 5g Email address: george.buchholz@timmons.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a Property identification no. (tax PIN or parcel ID): )016000002A0000; 001600000260000 1 b Site coordinates (in decimal degrees): Latitude: 36.476238 Longitude: -76.150690 1c Property size: !Ranchland Area +/- 886.76 2. Surface Waters 2a Name of nearest body of water to proposed project: Guinea Mill Run Canal 2b Water Quality Classification of nearest receiving water: C, Sw 2c River basin: IPasquotank River Basin 030102051106; Roland Creek watershed 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 is relatively flat; however, there is some topographic relief across the site. Located within the northern section of site is the Summit Farms Solar site that is +/- 709.18 acres in size. Located within the central and southern sections of the site is the Ranchland Solar site that is +/- 886.76 acres in size. There are two canals (Lateral A Canal and Lateral B Canal) that are aligned east to west and eventually merge and flow north near the northeast corner of the site. Lateral A Canal separates the Summit Farms Solar site from the Ranchland Solar site. Lateral B Canal separates the northern section of the Ranchland Solar site from the southern section of the Ranchland Solar site. There are also three canals that border the east, west, and northern sides of the site, which flow north and east, respectively. There are few highpoints with most of the area flowing into existing ditches, which flow north into each of the canals. There is a smaller area towards the northeastern border of the site, which contains existing ditches that flow west into the canal. There are existing wooded areas that will remain undisturbed. One wooded area exists toward the northeastern nnrfinn of +hc ei+c Inco+cA +n +hc ­­+ of +hc rnnoI +h o+ fl...eic. nr. rfh Anr,+hcr .einnA A or vic.+c +r..ao rA +ho ..c..+or of +ho ! site, which has an existing farm path that runs vertically through the middle, as well as horizontally to the north and south. Another wooded area exists towards the southern portion of the entire site that will be undisturbed. Adjoining properties to the west and east of the site consist of mostly vacant parcels. The adjoining property to the south is an area that is mostly wooded. The properties north of the site across Ranchland Drive and Ferrell Mill Rd consists of some developed subdivision homes that front Caratoke Highway. 3b List the total estimated acreage of all existing wetlands on the property: +/- 0.09 acres located in northeastern portion of site 3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: +/- 29,808 linear feet 3d Explain the purpose of the proposed project: The Ranchland Solar project is an existing solar panel farm located on a former +/- 886.76 acre agricultural farm located south of Ranchland Drive at the intersection of Ranchland Drive and Ferrell Mill Road in the Town of Moyock, North Carolina within Currituck County. There are existing paths (former farm paths) present along the edges of the project site and against the canals. The project proposes two road crossings to connect the Ranchland Solar site to the Summit Farms Solar site and to obtain access to the southern section of the _ Ranchland Solar site from the northern section of the Ranchland Solar site. 3e Describe the overall project in detail, including the type of equipment to be used: Two proposed road crossings are required to connect the Ranchland Solar site to the Summit Farms Solar site and to obtain access to the southern section of the Ranchland Solar site from the northern section of the Ranchland Solar site. Lateral A Canal is in the northcentral section of the project site and aligned in an east to west direction. Lateral B Canal is in the southcentral section of the project site and is also aligned in an east to west direction. The locations of each proposed road crossing are labeled as Lateral A (Culver Improvements) and Lateral B (New Crossing) and are shown on Figure 6: Aerial Map. Traditional equipment will be used consisting of front-end loaders, bulldozers, paving equipment, graders, and earth movers to construct the proposed road crossings. Lateral A (Culvert Improvements): The road crossing at Lateral A is located along an existing road crossing designed to allow access to the Summit Farms Solar site. The existing road crossing contains an existing +/- 56 linear foot culvert structure that is in a degraded condition. The proposed activity at this location involves removal of the existing culvert structure and replacing it with two 72 inch reinforced concrete pipe (RCP) culverts that are 42 linear feet. A rip -rap dissipator pad will be installed flush with the existing grade of the stream bed to allow for aquatic life passage. In addition, an existing ditch is proposed to be relocated at this location that will contain a RCP tied to the existing grade of the stream and contain a rip -rap dissipator pad installed flush to allow for aquatic life passage. Lateral 8 (.New Crossing): The road crossing at Lateral B is a new proposed road crossing designed to allow access to the southern section of the Ranchland Solar site. The proposed activity involves the placement of new 60 inch RCP culvert that is 42 linear feet. A rip -rap dissipator pad will be installed flush with the existing grade of the stream bed to allow for aquatic life passage. 4. Jurisdictional Determinations 4a Have jurisdictional wetland or stream determinations by the X Yes Comments: Approved JD Corps or State been requested or obtained for this property / project (including all prior phases) in the past? 4b If the Corps made the jurisdictional determination, what X Final type of determination was made? 4c If yes, who delineated the jurisdictional Agency/Consultant Company: areas? Name (if known): Jesse Degnan, Other: Energy Renewal James McRacken Partners, LLC 4d If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. - USACE issued an Approved JD on November 21, 2016 (see attached; USACE Action Id. SAW -2016-02311). 5. Project History 5a Have permits or certifications been requested or obtained X Yes for this project (including all prior phases) in the past? 5b If yes, explain in detail according to "help file" instructions. { - USACE issued on November 21, 2016 (see attached; USACE Action Id. SAW -2016-02311) a No Permit Required for activities associated with the installation of solar panel in what was agricultural farm field for solar energy production. - The NC State Environmental Review Clearinghouse determined that no further action is required in a letter dated May 28, 2015 (see attached; SCH File # 15-E-4600-0578). 6. Future Project Plans 6a Is this a phased project? 6b If yes, explain. X No Page 3 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply). Wetlands X 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 impact Type of wetland Forested Type of jurisdiction Area of number Corps (404,10) or impact Permanent (P) or DWQ (401, other) (acres) Temporary (T) W1 Wetland Impacts: 2g. Total 2h. Comments: 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. j 3e. 3f. 39. Stream impact Type of impact Stream name Perennial (PER) or Type of Average Impact number intermittent (INT)? jurisdiction stream length Permanent (P) or width (linear Temporary (T) (feet) feet) _ S1 (P) (Fill - Dissipator Pad Lateral A PER {{Corps 22.5 136 S2 (T) (Fill — Coffer Dam & Lateral A PER {Corps 22.5 10 Diversion Channel S3 (P) Fill - Dissipator Pad Culvert Lateral A PER +Corps 13 16 S4 (P) Lateral B PER Corps 15 42 S5 (P) (Fill - Dissipator Pad (Lateral B iPER Corps '15 50 (Fill — Coffer Dam & (Lateral B PER Corps '15 '10 S6 (T) Diversion Channel 3h. Total stream and tributary impacts '194 3i. Comments: The total stream impacts associated with Lateral A (Culvert Improvements) are 92 linear feet. The total stream impact associated with Lateral B (New Crossing) are 102 linear feet. It should be noted that Lateral A (Culvert Improvements) is located along an existing road crossing within the north central section of the project to allow access to the northern section, The existing road crossing contains an existing +/- 56 linear foot culvert structure that is in a degraded condition. The proposed activity at this location involves removal of the existing +/- 56 linear foot culvert structure and replacing it with two 42 linear fee reinforced concrete pipe (RCP) culverts at the same location. Of the total 194 linear feet of stream impacts, 132 linear feet will be associated with rip -rap dissipator pads, which will be installed flush with the existing grade of the stream bed to allow for aquatic life passage (Stream Impacts S1, S3, and S5). In addition, there will be another 20 linear feet of temporary stream impact associated with the construction of coffer dams and diversion channels for both road crossings (Stream Impacts S2 and S6). Therefore, there will be a total of 42 linear feet of permanent stream impact (Stream Impact S4) associated with one new culvert installation located at Lateral B (New Crossing). Page 4 of 10 PCN Form —Version 1.4 January 2009 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 individualll ....... -............ -- - list all open water impacts below. 4a. 4b- 4c. j 4d. ...--...... ..... 4e. Open water Name of waterbody impact number (if applicable Type of impact Waterbody Area of impact (acres) Permanent (P) or type Temporary (T) 01 02 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below - 5a. 5b. 5c. 5d. 5e. Pond ID number Proposed use or Wetland Impacts (acres) Stream Impacts (feet) Upland purpose of pond (acres) Flooded Filled Excavated Flooded Filled Excavated P1 P2 5f. Total: 5gComments: 5hls 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: 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 Project is in which protected basin? 6c. Neuse Tar -Pamlico Catawba Randleman 6d. 6e. Other: 6b. 6f. 6g. Buffer Impact Reason for impact Stream name Buffer Zone 1 Zone 2 number - mitigation impact impact Permanent (P) or required? (square (square Temporary (T) feet) feet 131 B2 6h. Total Buffer Impacts: 6i. Comments: Page 5 of 10 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. Impacts to jurisdictional waters of the U.S. were avoided and minimized to the maximum extent practicable by incorporating resourceful site planning, including the utilization of the wetland delineation to adjust the layout to avoid and minimize impacts. Avoidance and minimization measures were also accomplished during the design of the proposed road crossings. The Applicant has avoided and minimized impacts to the greatest extent practicable given the project's purpose and need. The overall project avoids the +/- 0.09 acres of wetlands located in northeastern portion of site. Avoidance and minimization efforts include locating a crossing over Lateral A along an existing road crossing. Lateral A (Culvert Improvements) road crossing is located along an existing road crossing that contains an existing +/- 56 linear foot culvert structure in a degraded condition. The proposed activity at this location involves removal of the existing +/- 56 linear foot culvert structure and replacing it with two 42 linear foot reinforced concrete pipe (RCP) culverts at the same location. Therefore, the overall culvert length has decreased by 14 linear feet at Lateral A (Culvert Improvements). Minimization efforts were utilized to the maximum extent practicable in designing the road crossing over Lateral B (New Crossing) by crossing Lateral B as close to 90 degrees as possible and confining the culvert impacts to as minimally as possible. 1 b Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Measures will be taken to prevent oil, tar, trash, debris and other pollutants from entering the adjacent jurisdictional waters of the U.S. Any excess excavated materials not utilized as back fill will be placed and contained within upland areas and permanently stabilized to prevent erosion into adjacent waters of the U.S. Stockpiling of excavated material within waters of the U.S. will be strictly prohibited as part of the construction of this project. Proper sedimentation and erosion control methods will be utilized during all phases of construction and installation. The contractor shall install silt fence only as necessary to install devices. All erosion and sediment control measures will be checked for stability and operation following every runoff producing rainfall, but in no case less than once every week. Any needed repairs will be made immediately to maintain all measures designed. An erosion control inspections report will be kept by the owner's representative. Temporary seeding and permanent seeding plans are included to restore impacted areas. The project will meet all relative requirements of Best Management Practices and Engineered Stormwater Control Structures as outlined through the State Stormwater Rules. 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? 2blf yes, mitigation is required by (check all that apply): 2c If yes, which mitigation option will be used for this project? lete if Using_a Mitigation Bank 3a Name of Mitigation Bank: Type 3b Credits Purchased (attach receipt and letter) Type 3c Comments. 4. Complete if Makina a Pavment to In -lieu Fee Proaram X No DWQ Corps Mitigation bank Payment to in -lieu fee program Permittee Responsible Mitigation 4a Approval letter from in -lieu fee program is attached. 4b Stream mitigation requested: linear feet 4c If using stream mitigation, stream temperature: .............. 4d Buffer mitigation requested (DWQ only): square feet 4e Riparian wetland mitigation requested: acres 4f Non -riparian wetland mitigation requested: acres Quantity: Quantity: Quantity: 4g Coastal (tidal) wetland mitigation requested: 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. Page 6 of 10 PCN Form — Version 1.4 January 2009 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 X No requires buffer mitigation? 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. 6c 6d 6e Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) 3 (2 for Catawba) 1.5 6f �E 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 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan la Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? 1 b If yes, then is a diffuse flow plan included? If no, explain why. 2. Stormwater Management Plan X No 2a What is the overall percent imperviousness of this project? 1.79% 2b Does this project re uire a Stormwater Management Plan? X No 2c If this project DOES NOT require a Stormwater Management Plan, explain why: Inverter pads and a gravel drive are located on the site and include 23.71 acres impervious, which is 1.79% of the site. Since the percentage is below 24%, has been permitted as a Low Density project and does not require a stormwater management plan. In addition, grass has been planted throughout the site and maintained. Existing drainages patterns have been maintained, and the sheet flow from storm water is directed across the grassed areas to swales and ditches surrounding the site. 2d If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: 2e Who will be responsible for the review of the Stormwater Management Plan? 3. Certified Local Government Stormwater Review 3a In which localgovernment'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 No been attached? 4. DWQ Stormwater Program Review Coastal counties HQW 4a Which of the following state -implemented stormwater management programs ORW apply (check all that apply): Session Law 2006-246 Other: 4b Has the approved Stormwater Management Plan with proof of approval been attached? S. DWQ 401 Unit Stormwater Review 5a Does the Stormwater Management Plan meet the appropriate requirements? X Yes 5b Have all of the 401 Unit submittal requirements been met? X Yes Page 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) la Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? X Yes 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 X Yes State (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c 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.) X Yes Comments: The NC State Environmental Review Clearinghouse determined that no further action is required in a letter dated May 28, 2015 (see attached; SCH File # 15-E- 4600-0578). 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 X No Standards, or Riparian Buffer Rules (15A NCAC 2B .0200)? 2bls this an after -the -fact permit application? ! X 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 X No in 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. The entire project is a single and complete project with appropriate land use control and erosion and sedimentation measures in place for specific areas which require them. 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. Any waste water generated from the site is directed into an existing treatment facility operated by Currituck County. Page 9 of 10 PCN Form —Version 1.4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a Will this project occur in or near an area with federally protected species X Yes or habitat? 5b Have you checked with the USFWS concerning Endangered Species X Yes Act impacts? 5clf yes, indicate the USFWS Field Office you have contacted. Raleigh Field Office What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Angler Environmental conducted a Threatened and Endangered Species Review (see attached letter dated June 8, 2017). In summary, Angler concluded that the proposed project may affect northern long -ear bat (Myotis septentrionalis), but within the permissible scope as defined by the 4(d) rule. In addition, Angler concluded that the project will not affect any of the other federally listed Threatened and Endangered Species. 6. Essential Fish Habitat (Corps Requirement) 6a Will this project occur in or near an area designated as essential fish habitat? I X No 6b What data sources did you use to determine whether your site would impact Essential Fish Habitat? The interactive map located at http://ocean.floridamarine.orge_coral/ims/viewer.htm was utilized to determine if the project will impact Essential Fish Habitat and it was determined that it would not. 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 X 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? During a review by the NC State Environmental Review Clearinghouse (see attached; SCH File # 15-E-4600-0578; dated May 28, 2015), the Depart of Cultural Resources had no comment regarding the proposed project. 8. Flood Zone Designation (Corps Requirement) 8a Will this project occur in a FEMA -designated 100 -year floodplain? X Yes 8b If yes, explain how project meets FEMA requirements: The Department of Public Safety Division of Emergency Management Risk Management reviewed the proposed project during a review by the NC State Environmental Review Clearinghouse (see attached; SCH File # 15-E-4600-0578; dated May 28, 2015). It is anticipated that any proposed encroachments would not result in any increase in flood levels during the occurrence of the base flood discharge and the requirements will be met that are set forth by the Currituck County's Floodplain regulations. 8c What source(s) did you use to Revised December 16, 2005). C- 1-16 'kkb 1a Applicant/Agent's Printed Name mas Applicant/Agent's gnature (Agent's signature is valid only if an authorization letter from the aoolicant is orovided 1 Page 10 of 10 804000J (Map 11)1.2-7190 Date APPENDIX B Path: R:\805\39089.007 -Ranchland Solar Farm\GIS\Common Shared Exhibits\39089-VIC.mxd c` 0 Site limits are approximate. I ` tnp r Topographic imagery from USGS. 5 I J C� 0 6,400 12,800 19,20025,600 'y Feet i RANCHLAND SOLAR TIMMONS GROUP CURRITUCK COUNTY, NORTH CAROLINA FIGURE 1: VICINITY MAP YOUR VISION ACHIEVED THROUGH OURS. � TIMMONS GROUP JOB NUMBER: 39089.007 U.S.G.S. QUADRANGLE(S): LAMBS CORNER PROJECT STUDY LIMITS: 1598 ACRES DATE(S): 2016 LATITUDE: 36.473525°N WATERSHED(S): ALBEMARLE LONGITUDE: -76.151614°W HYDROLOGIC UNIT CODE(S): 03010205 These plans and associated documents are the exclusive property of TIMMONS GROUP and may not be reproduced in whole or in part and shall not be used for any purpose whatsoever, inclusive, but not limited to construction. biddina. and/or construction staking without the exoress written consent of TIMMONS GROUP. 03010201"03010201 4 Auryr'esLoro m mdhltprorPtnandrarSlate 03010204 kk rrin :� sa Ahoskie 03010203 a:r 03010107 , ", Roanoke F.li Fliver National ;'iillottlMon Wlildlde ReNg4 .a ;13 rf Legend Site Marker a ■ ■ Albemarle (03010205) Hydrologic Unit Code 0 4 8 16 Miles Great Dismal swamp National Wddhfe Refuge •..•IF';' ,il'I1- Dismal il:f:ili nf:':LII1+s 9n• amp state Park i r'• rr4 c� H ertford m � C x � N Eden) on 03020104 Belhaven fi t.;31 k1 Elizabeth City 39 R Pettgrew �l St*@ Park ftcosln Lakes N�onalge Widlife Refu 4aw Lake tv,w 03010205 M attamu Sime t National VNrldlde Refuge AKgakor RNer Natio n at w0dide %tugs Dare County Bombing R� :iKill D �.II �lR Hlil� 03020105 N DATE ryo .d inn 10/27/2017 a E ` E4a� W<` — o ��� . F u3 W 3 awC S r< LL '101 T D ww=n 1 Q y o CZ o eo L O i�x� m a n itU y a f jN N i W w< O Z Z J z m°� o 1:7 �- L Q of > W Z H V � Z a OJ DATE .d inn 10/27/2017 DRAWN BY A. WILSON i DESIGNED BY A. WILSON CHECKED BY G.BUCHHOLZ . SCALE 1"=SMILES L ill D a w 0 0 w< O J z 1:7 �- Q z Z H V � Z OJ � J_ i U � �♦ ZZ� tea/ N LL U W 0 LL - JOB NUMBER 9.007 3908ETNO. SHEET NO. 1 OF 1 Legend Project Study Limits - 1598 Acres —•— —• NHD Streams All hydric Not hydric Partially hydric A: 1 % Annual Chance Flood Hazard National Wetland Inventory NOTES: Project Limits are approximate. NWI from US Fish and Wildlife Service. Soils data from SSURGO. National Hydrography Dataset from USGS. Aerial imagery from NC One Map. N 0 500 1,000 2,000 Feet Albemarle Soils Ma Mapunit Name Ro Roanoke fine sandy loam Po Ponzer muck Ca Cape Fear loam Ws Wasda muck Do Dorovan mucky peat No Nimmo loamy sand Pt Portsmouth fine sandy loam Legend Project Study Limits - 1598 Acres —•— —• NHD Streams All hydric Not hydric Partially hydric A: 1 % Annual Chance Flood Hazard National Wetland Inventory NOTES: Project Limits are approximate. NWI from US Fish and Wildlife Service. Soils data from SSURGO. National Hydrography Dataset from USGS. Aerial imagery from NC One Map. N 0 500 1,000 2,000 Feet �� IT �• .,,A J1 ^' FOM r,r e � . e� Lateral A Culvert Improvements n At Lo N 2 a OL Q W wuiU W u_ z wLu oM� C QLo p oco o t a co U) <0 �LL w o �L L0 Z `° O Z3 cv N m-'t N w LIJ O J � ORO Y � � N F � w a� ~ = E d Z C o Z 5 > DATE 10/27/2017 co DRAWN BY A. WILSON DESIGNED BY A. WILSON to AMR. CHECKED BY * G. BUCHHOLZ 16 SCALE +l 1 " = 500' ?Y4• �sf ,{,Y �� IT �• .,,A J1 ^' FOM r,r e � . e� Lateral A Culvert Improvements n At Lo N 2 a OL Q W wuiU W u_ z wLu oM� C QLo p oco o t a co U) <0 �LL w o �L L0 Z `° O Z3 cv N m-'t N w LIJ O J � ORO Y � � N F � w a� ~ = E d Z C o Z 5 > DATE 10/27/2017 co DRAWN BY A. WILSON DESIGNED BY A. WILSON to AMR. CHECKED BY * G. BUCHHOLZ 16 SCALE +l 1 " = 500' Path: R:\805\39089.007-Ranchland Solar Farm\GIS\Common Shared Exhibits\39089- Parcel. mxd Path: R:\805\39089.007 -Ranchland Solar Farm\GIS\Common Shared Exhibits\39089-NRCS.mxd Th Ra VS � ..... d R ❑ rn < r� US' Ca V'r% Ca Ws Wa tt U At Ro ft4 J LLegend-6 � Pt Project Study Limits - 1598 Acres 1,600 3,200 4,800 6,400 , r1Q:ns s ee! $j Feet RANCHLAND SOLAR TIMMONS GROUP CURRITUCK COUNTY, NORTH CAROLINA FIGURE 5: NRCS MAP YOUR VISION ACHIEVFD THROUGH OURS. TIMMONS GROUP JOB NUMBER: 39089.007 U.S.G.S. 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Quad: NC -LAMBS CORNER NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Applicant: Address: Telephone Number: Sun Energy 1 Eric Schudt 6750 NC Highway 30 East Bethel, NC, 27812 (252) 825-1731 Size (acres) 886.76 Nearest Town Movock Nearest Waterway Tull Creek/Guinea Mill Run Canal River Basin Albemarle -Chowan USGS HUC 03010205 Coordinates Latitude: 36.469314 Longitude: -76.146407 Location description: Property is approximately 886.94 acres and is southwest of the Caratoke Highway at Ferrell Mill Road in Movock, Currituck County, North Carolina. Property is adiacent to Guinea Mill Run Canal and Lateral Canal A both tributaries to Tull Creek. Indicate Which of the Following Apply: A. Preliminary Determination _ There are waters, including wetlands, on the above described project area, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. 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 JD, which is an appealable action, by contacting the Corps district for further instruction. _ There are wetlands on the above described property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction overall of the waters, including wetlands, at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. 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 (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in 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. X There are waters of the U.S., including 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 recommend you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. Page 1 of 2 SAW -2016-02311 X The waters of the U.S. on your project area have been delineated and the delineation has been verified by the Corps. If you wish to have the delineation surveyed, the Corps can review and verify the survey upon completion. Once verified, this survey will provide an accurate depiction of all areas subject to CWA and/or RHA 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 signed by the Corps Regulatory Official identified below on . 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 project area 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 (LAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Krystynka Stygar at 910-251-4619 or Krystynka.B.Stygar(&usace.army.mil. C. Basis For Determination: This site exhibits an Ordinary High Water Mark as indicated by changes in soil character and absence of terrestrial vegetation and is hydrologically connected to Guinea Mill Run Canal a tributary to Tull Creek, a tributary to the North Landing Rivera TNW. D. Remarks: Project are is referenced on map titled " Ranchland Solar" and is dated October 17, 2016 provided by SUnEnergyl. Please see attached for further review. 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 for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination 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 CFR 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 10M 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 NAP. Should you decide to submit an RFA form, it must be received at the above address by January 20, 2017. SAW -2016-02311 **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: Date: November 21, 2016 Expiration Date: November 21, 2021 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 http:Hcorl2smgpu.usace.army.mil/cm apex/f?p=136:4:0. SAW -2016-02311 JL NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Eric Schudt Sun Energy 1 File Number: SAW -2016-02311 Date: November 21, 2016 Attached is: See Section below ❑ INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A ❑ PROFFERED PERMIT (Standard Permit or Letter of permission) B ❑ PERMIT DENIAL C ® APPROVED JURISDICTIONAL DETERMINATION D ❑ PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at http://www.usaee.gM.mil/Missions/CivilWorks/Re ug latoryProgramandPermits.aspx or Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. SAW -2016-02311 E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division, Mr. Jason Steele, Administrative Appeal Review Officer 2407 West 51' Street CESAD-PDO Washington, NC 27889 U.S. Army Corps of Engineers, South Atlantic Division Attn: Krystynka Stygar 60 Forsyth Street, Room 10M 15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Krystynka Stygar, 2407 West 5' Street, Washington, NC 27889 For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 N. C. HWY. 168 RIDGES PAVED ( 100' R/W ) �o ?,I, ► ► �\ � � \ x / olI I I►►► I t,,, x X x\ °tom zl I xLAND DR• ��- L I ► — — ro\r \ X X I *K& RANC X rte, X X x k x WETLANDS �� I I \ X X X x x\ x x\ x X X x x �- X x _ x \ X x X \x x\ \ \ X °� I _ GUINEA MILL RUN�� ` x \ �(\ x �C� x X X X X L- WOODS _ \\ I I II I X X x x X\ X X X\ x X\ .. X X ><\ x X >(\ X WETLANDS \ II X x \\\ I I I x\ X x x \x �`\ \ X X x x\ X x 1 \\ X An°N x— I I I \ x X\ X x \X X SUMMIT FARMS SOLAR \ x \X X X X x x I I I X X x X 709.18 +/ ACRES X X x\ \ \ x X X II I I I X X \ x\ x x\ \ X x a X X x\ x\ x x x x X X x X X i I I I x x x X X x x x \ \ x\ x\ X X x A x \ '`\fix X �,\-- II I I I \ X X X\x \ x x> \ x X x x X x� x\ X\ x X \x x x X X\ X x x- ---- I�-==J== ►� x x\ x X x x x X x X \X \ '�-' x x x x x \ \x X x \ X X —___- -f x \ \ x \x x X x\x X x X x x ---- S.R. 1389 I—r I X X x\ �( X X x \ X \X x\ X X \ X OXFORD RD. I I I \x X X �`\ X \ X x\ X x X � X\ X x \) X X I I I x x \ x \x x\ '`\ x x x x x x '� x� \x x x --� X x IX x x II I I I x x x x x x x x x� x \ x x\ x x— —_ X — x x � x� Ix I x X \ X X V< \ X _ CA I X X, I I I X x\ \ X X - TOP BAN X xI X X _ — --- x I I I II X x x X x--- T - I— x -- x- X x X X x X X, �.� X I -- I I I x- , T T0� OF BANK X It II X X I I I �C � �� x I x _ ,—I \ '` V, ' -- _ I I xl �I I I I x X x x kl o )< x X ,� \ `II ► I x I xI XI X Tx X I I X I \ LATERAL A CANAL I I I IX x X X/ I I I ^I X X (JURISDICTIONAL WATERS OF THE U.S.) ' I i t I I I I I X XI k I xC C I I i><\ LENGTH = 10158+/- FT. \ I I ii RANCHLAND SOLAR I I I X I I I X 1 X xl I I I I \ \ WOODS II I I I 886.76 +/- ACRES h I x1 X -- II \ \ X CLEARED \ x \ I IT FARMS TRAIL I , X \ I I I I I X I x1 X I I x I x X I X I —_ SUMMIT \ n\ X i x i I I I I X X X ><I X x\ X \X X X x ,\ X x II�- �� I I X I x I x I X I IX IXI I I xI. x X x X\ \ \x X \x x I I I I I I I �` X x X X x x I I I x x \ x x X III x x i I I X> \x x\ x \ I I� x X IX l x I X Ix x X I I , I I I x I I I X x\ \ X )( I x I I I ,_ �-L C NAL �- X X X X I I X 7 I X\ II - I X X I X \ X _ X X X I I I x x\ \ ---_-------_ ----- — X I �x x x x x x x x ,� ,I X I X I X= - I ._ X x --- _-�--�- x I x x I x1 '� �� ,�LEA� ED I x I x I x X x I -----_ 1 — LATERAL B CANAL I I I X I I x x x X I X I I X (JURISDICTIONAL WATERS OF THE U.S.) EIA x I I I I xI x x X X LENGTH = 19650 +/- FT. ��\\ I I I X I x ►X X X I X X I v WOODS \` I I �\ —- X I I \ I \ I J� NOTES: \ TOTAL SITE AREA = 1595.94 +/— ACRES RANCHLAND TOTAL AREA = 886.76 +/— ACRES RANCHLAND TOTAL AREA OF WETLANDS = 0 ACRES RANCHLAND TOTAL LENGTH OF CANALS (JURISDICTIONAL WATERS OF THE U.S.)= 29808 +/— FT. WOODS 287.59 +/- AC. SAW -2016-02311 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID. SAW -2016-02311 County: Currituck NO DEPARTMENT OF THE ARMY AUTHORIZATION REQUIRED Property Owner: Sun Energy 1. C/O Eric Schudt Address: 6750 NC Highway 30 East Bethel, NC, 27812 Telephone Number: (252) 825-1731 Size and Location of Property (waterbody, road name/number, town, etc.): Property is approximately 886.94 acres and is southwest of the Caratoke Highway at Ferrell Mill Road in Moyock, Currituck County, North Carolina. Property is adiacent to Guinea Mill Run Canal and Lateral Canal A both tributaries to Tull Creek. Description of Activity: Applicant proposes to install solar panels in what was agricultural farm field for solar energy production. Your work as proposed does not require Department of the Army authorization for the following reason(s): _ There are no jurisdictional waters or wetlands within the boundaries of the property. X The proposed project does not impact jurisdictional waters or wetlands. _ The proposed project is exempt from Department of the Army regulation. Specify: There are jurisdictional waters present within the project area boundary but will not be affected for energy production. Please see attached map labeled "Ranchland Solar Wetland Map". This Department of the Army determination does not relieve the permittee of the responsibility to obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State and local agencies before beginning work. For any activity within the twenty coastal counties, before beginning work, you must contact the N.C. Division of Coastal Management in Washington, North Carolina, at (252) 956-6481 to discuss any required State authorization. Any changes in the above described work must be coordinated with the Corps of Engineers prior to commencement. If you have any questions regarding the Corps of Engineers regulatory program, please contact Krystynka Stygar at telephone number 910-251-4619 or Krystynka.B.Stygar@usace.army.mil. Regulatory Project Manager Signature Date: November 21, 2016 SAW -2016-02311 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 hgp:Hcop2smapu.usace.army.mil/cm_apex/Pp=136:4:0. Pat McCrory, Governor r Ms. Gail fount North Carolina Department of Commerce Utilities Commission 4325 Dail Service Center Raleigh, North Carolina 27699-4325 Bill Daughtridge, Jr., Secretary Re. SCH File # 15-E-4600-0578; Amended Application of Wildwood Solar, LLC for Certificate to construct a jEy MW Solar Photovoltaic Docket Sub 0 Dear Nis. Mount: The above referenced environmental impact information has been reviewed through the State Clearinghouse under the provisions of the North Carolina Environmental Policy Act. Attached to this letter are comments made in the review of this document. Because of the nature of the comments, it has been determined that no further State Clearinghouse review action on your part is needed for compliance With the North Carolina Environmental Policy Act. The attached comments should be takers into consideration in project development. Sincerely, CrystaPBest State Environmental Review Clearinghouse Attachments cc: Region R Maidang Address: Telephone: (919)807-2425 Location Address: 1301 Mail Service Center Fax (919)733-9571 116 West Jones Street Raleigh, NC 27699-1301 State Courier 451-01-00 Raleigh, North Carolina e-mailstate.clearingbouse@doa.no.gov An Equal Opportunity/AffrmativeAction Employer NCDENR North Carolina Department of Environment and Natural Resources Rat McCrory Governor �r_►Elr�i � t TO: Crystal Best State Clearinghouse r FROM: Lyn Hardison U r Division of Environmental Assistance and Customer Service Permit Assistance & Project Review Coordinator Donald R. vary der Vaart becreiary FRE: 15-0578 (IS-05SI) Environmental Review —Amended Application of Wildwood Solar, LLC for Certificate to construct a 40 MW Solar photovoltaic Electric Generating Facility Currituck County Late: May 26, 2015 The Department of Environment and Natural Resources has completed its review of the proposal for the referenced project. Based on the information provided, several of our agencies have identified permits that may be required. The agencies have offered some valuable guidance to be perforated prior to application submittals and ground disturbance which will help reduce any impacts to the natural resources within the project area. The comments are attached for the applicant's review. It is suggested to the applicant to contact IAC Wildlife Resources Commission if the site attracts large numbers of migratory bird or observes fatalities or injured bird. if the applicant has any questions pertaining to NCDENR permitting processes, please ask them to contact Lyn Hardison, Permit Assistance Coordinator, in the Department's Washington Regional Office, (252)948-3842. The proposed project is located within his geographic working territory. Thank you for the opportunity to respond. Attachment 1639 flail Service Raleigh, PIoffh Carolina 27699.1639 Customer Service'ldf Free 1-977,623-67,18' Internet: w�awr.nodetir,aav pin Egc.�a! {1N,^,al ri y 1. A. 1n.""vivc Adicr. i mr4oye .. MAC- {-, U'nI '%Y s GyCiFC u" North Carolina ildlife Resources Commission Gordon Myers, Executive Director MEMORANDUM TO: Lyn Hardison, Environmental Assistance Coordinator NCDENR Division of Environmental Assistance and Outreach (DEAO) FROM: Maria T. Dunn, Northeast Coastal Region Coordinator Habitat Conservation Program DATE: May 22, 2015 ,SUBJECT: Wildwood Solar, LLC 40 MW Solar Facility - AMENDED, SP -5310 Sub 0, Currituck County, North Carolina. OLIA No. 115-0578 Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have reviewed the subject document and we are familiar with the habitat values of the area. Our comments are provided in accordance with provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667e), and North Carolina General Statutes (G.S. 1 13-131 et seq.). The applicant proposes to construct a 40 MW photovoltaic solar facility located at 1374 Caratoke. Highway in Meyoek, NC. Several calls were fielded by staff from citizens concerned with the project's development and impact to wildlife resources. We would like to state concern regarding the location and size of this project in relation to foraging habitats for migratory waterfowl. Agricultural lands in eastern North Carolina ofien provide foraging opportunities for migratory waterfowl, especially in areas near natural waterbodies, such as the Currituck Sound. The photovoltaic panels may reflect sunlight and resemble a water surface, potentially drawing waterfowl in to land_ We request that if this facility is constructed, any fatalities or injured birds be reported to the NCWRC. It should also be noted that as agricultural lands are transformed into solar facilities, winter foraging habitats for migratory waterfowl are lost. The cumulative loss of land will likely become a significant concern. In addition to the concerns above, the following statements should be observed: Maintain or establish a minimum 1004001 undisturbed, native forested buffer along each side of perennial streams and 50 -foot undisturbed, native forested buffer along each side of intermittent streams and wetlands. Forested riparian buffers provide habitat areas for aquatic and terrestrial Mailing Address: Division of inland Fisheries . 1721 Mail Service Center e Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 Wildwood Solar, LLC AMENDED Page 2 May 22, 2015 CLIA Na. 15.0578 wildlife species and travel corridors for terrestrial wildlife. In addition, forested riparian buffers protect water quality by stabilizing stream banks and filtering stormwater runoff 2. Avoid or minimize impacts to wetlands during construction. In addition to providing wildlife habitat, wetland areas perform important functions of flood control and water quality protection. U.S. Army Corps of Engineers Section 404 permits and N.C. Division of Water Resources Section 401 Certifications are needed for any impacts to jurisdictional strealns or wetlands. Temporarily disturbed wetland areas should be returned to original soils and contours, and reseeded with annual small grains appropriate for the season (e.g. oats, millet, lye, wheat, or rye grass) and should be allowed to revert to natural wetland vegetation. 3. If additional overhead transmission lines will be installed, then measures to minimize impacts to birds should be implemented. These can include increasing line visibility, insulating wires to cover exposed connections, and increasing the distance between wires so no contact with ground or other energized wire can be made. For more information see hito:// yw�v.f\vs. ov/birds/docunsLnts/norverlilies,ncll; 4. If site and/or transmission line maintenance is needed, avoid snowing between April I and October I to minimize impacts to nesting wildlife. We suggest a maintenance schedule that incorporates a portion of the area (e.g., one-third of the area) each year. Pesticides, fertilizers, and other chemicals should not be used in wetland areas or near streams. 5. If pesticides or, chemicals will be used for site maintenance, then stormwater runoff frorn the site should be directed to bio -retention areas prior to discharge to streams or wetlands to provide additional protection for water quality and aquatic and terrestrial wildlife habitats. 6. Sediment and erosion control measures should be installed prior to any land clearing or construction. These measures should be routinely inspected and properly maintained. Excessive silt and sediment loads can have numerous detrimental effects on aquatic resources including destruction of spawning habitat, suffocation of eggs, and clogging of gills of aquatic species. 7. Measures to mitigate secondary and Cumulative impacts can be found in NCWRC's Guidance Memorandum to Address and Mitigate Secondary and Cumulative Impacts to Aquatic and Terrestrial Wildlife Resources and Water Qualio; (August 2002; httl�.:r/���v_��Wncv�ildlifeWc7r<, l'nIWt 15fi3!C'nnsei�in !locus c�}ts12f}Ov(iuidal}ceNfesnoralidtilrtforSeco solarvas}clCrEl}}ulaisveln}nactsl�d4). Thank you for the opportunity to comment on this project. If our agency can be of further assistance, please contact me at (252) 948-3916 or at€naria.dunn(ia-nqwildlife.org. Mate of North Carolina Department of Environment and Natural Resources INTERGOVERNMENTAL REVIEW - PROJECT COMMENTS Reviewing Office: Washington Project Numberl5-0578Due Date: 5/22/2015 CountyCurrituek Alter review of this project it has been detennined that the ENR pennit(s) and/or approvals indicated inay need to be obtained in order For this project to comply with North Carolina law, Questions regarding these permits should be addressed to the Regional Office indicated on the reverse of the Foran. All applications, information and guidelines relative to these plans and permits are available from the same Regional Office. Normal Process'Urne PERMITS _- SPECIAL APPLICA'T'ION PROCEDURES or REQUIREMENTS (statutory time Limit) Permit to construct & operdte wastewater treatment facilities, Application 90 days before begin construction or award of construction 30 days ® server system extensions & sewer systems not discharging into state surface waters. contracts. On-site inspection. Post -application technical conference usual. (90 days) NPDES - permit to discharge into surface water and/or Application 140 days before begin activity. On-site inspection. Pre - permit to operate and construct wastewater facilities application conference usual. Additionally, obtain permit to construct 90.120 days discharging into state surface waters. wastewater treatment facility -granted after NPD1~S, Reply time, 30 days otter (N/A) receipt of plans or issue of NPDES permit -whichever is later, ® Water Use Permit Pre -application technical conference usually necessary 30 days (MA} ❑ Well Construction Permit Complete application must be received and permit issued prior to the 7 days installation of a we]1. { 15 (iays) Application copy must be served on each adjacent riparian property owner, E] Dredge and Fill Permit On-site inspection. Pre -application conference usual, filling may require 55 days Easerneru 10 fill from N.C. Depanmeni of Administration and (90 days) Federal Dredge and Fill Permit. Permit to construct & operate Air Pollution Abatement Application must be submitted and permit received prior to ® and/or Emission Sources as per 15 A NCAC construction and operation or the source. If a permit is required in an 90 days (2Qrac. 10 (2Q.0100 �hru ?Q.0300} area without local zoning, then there are additional requirements and timelines (2Q.0 113). F, Permit to construct & operate Transportation Facility as 15 A NCAC 2Q.0601) Application must be submitted at least 90 days prior to construction or 90 days per (2D.0800, modification of the source. Any open burning associated with subject proposal must be in compliance with 15 A NCAC 2D.1900 Demur ition or renovations of structures containing asbestos ®material must be in compliance with 15 A NCAC 20.1 t 10 60 days (a) (I ) which requires notification and removal prior to N/A {90 days) demolition. Contact Asbestos Control Group 919.707-5950, E] Complee Stlnrie Permit required under 15 A NCAC 217.4£0{1 Thr Sedimentation Pollution Control Act of 1973 must be properly addressed for any land disturbing activity. An erosion &: sedimentation control plan will be rcquircd if one or more acres to be disturbed, Plan f ilcd with proper Regional Office (Land Quality Section) At least 30 20 days days before beginning activity. A fee of $65 for the first acre or any part of an acre. An express review option isavailable with additional (70 days) fees. Sedimentation and erosion control must be addressed in accordance with NCDOT's approved program. Particular attention should be given 430 days) ro design and instalialion of appropriate perimeter sediment trapping devices as well as stable storrnwater conveyances and outlets. Ort -site inspection usual, Surety bond tiled with ENR Bond amount varies ❑ Mining Permit with type mine and number of acres of affected land, Any are mined greater 30 days than one acre must he permitted. The appropriate bond mus be received (60 days) before the permit can be issued. On-site inspection by N,C, Division Forest Resources ifpermii exceeds 4 1 day El North Carolina Burning permit days (N/A) Special Ground Clearance Suring Permit - 22 On-site inspection by N.C. Division Forest Resources required "if more than five acres of clearing activities are involved. Inspections be I day counties in coastal N.C. with organic soils ground should (NIA) requested at least ten days before actual bunt is planned" Q Oil {refining Facilities N!A 90-120 days (NIA) If permit required, application 60 days before begin construction. Applicant must hire N.C. qualified engineer to: prepare plans, inspect construction. certify construction is according to ENR approved plans. May also require Damm Safcty Permit permit under mosquito control program. And a 404 permit from Corps of 30 days Engineers. An inspection of ske is necessary to verify Hr7ard Classification, (60 days) A minimum ree orS200.00 must accompany the application. An additional processing fee based on a percentage or the total project cost will be required ]u to 16, 2014 upon completion, Project Number: 15-057SDue Date: 5/22/2015 Initials No comment Normal Process `I ime Date Review DAQ (statutory time limit) PERMITS SPECIAL APPLICATION PROCEDURES or REQUIREMENTS 5/$/15 5112/15 DWR-WQROS Aquifer & Surface} RLS File surety bond of $5,000 with ENR running to State of NC conditional that any well 10 days ❑ Permit to drill exploratory oil or gas well opened by drill operator shall, upon abandonment, be plugged according in ENR rules N/A DEMLR (LQ & SW) Geophysical Exploration Permit and regulations. ❑ Application filed with ENR at least 10 days prior to issue of pemit. Application b} 10 days PLEASE SEE ATTACHED COMMENTS letter. No standard application form. N/A ® State Lakes Construction Permit Application fee based on structure size is charged. Must include descriptions & 15-20 days drawings of structure & proci fofownership of riparianproperty. NIA ❑ 401 Water Quality Certification. N/A 60 days (130 days) ❑ CAMA Permit for MAJOR development S250,00 fee must accompany application l 5 days (150 days) ® CAMA Permit for 1vilNOR development 550-M fee must accompany application '-2 days (Z5 days) Several geodetic monuments arc located in or near the project area. If any monument needs to be moved or destroyed, please notify: ❑ N.C. Geodetic Survey, Box 27687 Raleigh, NC 27611 © Abandonment of any wells, if required must be in accordance with Title f 5A. Subchapter 200100. ❑ Notification of the prover regional office is requested if "orphan" underground storage tanks (UST5) are discovered during any excavation operation.. ® l Stormwater Rules) is required. Compliance with f 5A NCAC 2H 1000 (Coastal 45 days (N3 A) ® Tar Pamlico of Neuse Riparian Buffer Rules required. Plans and specifications lbr the construction, expansion, or alteration of a public water system must be approved by the Division of Water ❑Resources/Public Water Supply Section prior to the award of a contract or the initiation of construction as per I SA NCAC 18C.0300 et. seq. Plans and 30 days specifications should be submitted to 1634 Mail Service Centcr, Raleigh, North Carolina 27699-1634. All public water supply systems must comply with state and federal drinking water monitoring requirements. For more information, contact the Public Water Supply Section, (919) 707-9100. If exisling mater lines will be relocated during the construction, plans for the water line relocation must be submitted to the Division of Water [E] Resources/Public Water Supply Section at 1634 Mail Service Center, Raleigh, North Carolina 77699-1634. For more information, contact the Public 30 days Water Supply Section, (919) 707.9100. Other comments (attach additional pages as necessary, being certain to cite comment authority) Division Initials No comment Comments Date Review DAQ RMB SEE CHECKED BOXES Site consists of Cape Fear, Roanoke and Wasda Muck Series soils that are poorly drained to very poorly drained soils, recommend on site wetland determination. 5/$/15 5112/15 DWR-WQROS Aquifer & Surface} RLS F1 ❑ DWR-PWS NA ❑ NA DEMLR (LQ & SW) PHM ❑ 5/20/15 DWM - UST JSB PLEASE SEE ATTACHED COMMENTS 5/6/15 119 1110"143ZR.10712Tt7 Questions regarding these permits should be addressed to the Regional Office marked below. ❑Asheville regional Office ❑Mooresville Regional Office ❑WiliningtonRegional Office 2090 US highway 70 610 East Center Avenue, Suite 301 127 Cardinal Drive Extension Swannanoa, NC 28778 Mooresville, NC 28115 Wilmington, NC 28405 (828)296-4500 (704)663-1699 (910)796-7215 ❑Fayetteville Regional Office 225 North Greets Street, Suite 714 Fayetteville, NC 28301-5043 (910) 433-3300 June 16, 2014 ❑Raleigh Regional Office 3800 Barrett Drive, Suite 101 Raleigh; NC 27609 (919)791-4200 NWashington Regional Office 943 Washington Square Mall Washington, NC 27889 (252) 946-x,481 ❑Winston-Salem Regional Office 585 Waughtown Street Winston-Salem, N(,'27107 (336)771-5000 ALI VA INT WA "MA RCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor TO: Lyn Hardison, Environmental Coordinator FROM: Scott Bullock, Regional UST Supervisor j. COPY: Robert Davies, Corrective Action Branch Head COPY: Kathleen Lance, Administrative Secretary BATE. May 6, 2015 Donald R, vary der Vaart Secretary RE: Environmental Review — Project Number 15-4578— Amended Application of Wildwood Solar, LLC for Certificate to construct a 40 MW Solar Photovoltaic Electric Generating Facility in Currituck County located at 1374 Caratoke Highway in Moyock, NC. I searched the Petroleum Underground Storage Tank (UST) and Non -UST Databases and those databases did not indicate any reported petroleum releases in the proposed project area. I reviewed the above proposal and determined that this project should not have any adverse impact upon groundwater. The following comments are pertinent to my review: I . The Washington Regional Office (WaRO) UST Section recommends removal of any abandoned or out -of -use petroleum USTs or petroleum above ground storage tanks (ASTS) within the project area. The UST Section should be contacted regarding use of any proposed or on-site petroleum USTs or ASTS. We may be reached at (252) 346-6481. 2. Any petroleum USTs or ASTs must be installed and maintained in accordance with applicable local, state, and federal regulations. For additional information on petroleum ASTs it is advisable that the North Carolina Department of Insurance at (919) 661-5884 ext. 239, USEPA (444) 562.8761, local fire department, and Local Building Inspectors be contacted. 3. Any petroleum spills must be contained and the area of impact must be properly restored. Petroleum spills of significant quantity must be reported to the North Carolina Department of Environment & Natural Resources — Division of Waste Management Underground Storage Tank Section in the Washington Regional Office at (252) 946- 6481. 4. Any soils excavated during demolition or construction that show evidence of petroleum contamination, such as stained soil, odors, or free product must be reported immediately to the local Fire Marshall to determine whether explosive or inhalation hazards exist. Also, notify the UST Section of the Washington Regional Office at (252) 946- 6481. Petroleum contaminated soils must be handled in accordance with all applicable regulations. S. Any questions or concerns regarding spills from petroleum USTs, ASTS, or vehicles should be directed to the UST Section at (252) 346-6481, If you have any questions or need additional information, please contact me at 252-948-3906. 943 Washington Sq. Ball, Washington, NC 27889 Phon052-946-64811 Internet; httplJportal.Rcdonr.org/webtwm An Equal Op{ orality t AfrPrative Actlon Ernplbg, - 50% Pryded i I A Post Consumer Paper NORTH CAROLINA STATE CLEARINGHOUSE DEPARTMENT OF ADMINISTRATION INTERGOVERNMENTAL REVIEW COUNTY- CURRITUCK Ell. -ENERGY RELATED .FACILITIES/ACTIVITIES CLEARINGHOUSE COORD REGION R ALBEMAR.LE REG PLANNING COMM P.O. BOX 646 HERTFORD NC REVIEW DISTRIBUTION ALBEMARLE REG PLANNING COMM CC&PS - DIV OF EMERGENCY MANAGEMENT DENR - COASTAL MGT DENR LEGISLATIVE AFFAIRS DEPT OF AGRICULTURE DEPT OF CULTURAL RESOURCES DEPT OF TRANSPORTATION PROJECT INFORMATION APPLICANT: N.C. Department of Commerce TYPE: State Environmental Policy Act Environmental Review STATE NUMBER: 15-E-4600-0578 DATE RECEIVED: 04/27/2015 AGENCY RESPONSE: 05/22/2015 REVIEW CLOSED: 05/27/2015 DESC: Amended Application of Wildwood Solar, LLC for Certificate to construct a 40 MW Solar Photovoltaic Electric Generating Facility in Currituck Co. Docket #SP -5310 Sub 0. - View document at http://Starwl.ncuc.net/NCUC/portal/ncuc/page/Dockets/portal.aspx, Type SP -5310 Sub 0 in the Docket Number search line. Located between Ferrell Mill Road to the east, Oxford Road to the west and Ranchland Drive to the north, Moyock, NC Amended due to addition of parcel CROSS-REFERENCE NUMBER: 15-E-4600-0551 The attached project has been submitted to the N. C. State Clearinghouse for intergovernmental review. Please review and submit your response by the above indicated date to 1301 Mail Service Center, Raleigh NC 27699-10 1. If additional review time is needed, please contact this offfce at (919)807--2425. NO COMMENT ❑ COMMENTS ATTACHED DATE: f NORTH CAROLINA STATE CLEARINGHOUSE U®� DEPARTMENT OF ADMINISTRATION INTERGOVERNMENTAL REVIEW COUNTY: CURRITUCK HII: ENERGY RELATED FACILITIES/AC'T'IVITIES MS CARRIE ATKINSON CLEARINGHOUSE COORDINATOR DEPT OF TRANSPORTATION STATEWIDE PLANNING - MSC 41554 RALEIGH NC REVIEW DISTRIBUTION ALBEMARLE REG PLANNING COMM CC&PS - DIV OF EMERGENCY MANAGEMENT DENR - COASTAL MGT DENR LEGISLATIVE AFFAIRS DEPT OF AGRICULTURE DEPT OF CULTURAL RESOURCES DEPT OF TRANSPORTATION PROJECT INFORMATION APPLICANT: N.C. Department of Commerce TYPE: State Environmental Policy Act Environmental Review STATE NUMBER: 15-E-4600-0578 DATE RECEIVED: 04/27/2015 AGENCY RESPONSE: 05/22/2015 REVIEW CLOSED: 05/27/2015 DESC: Amended Application of Wildwood Solar, LLC for Certificate to construct a 40 MW Solar Photovoltaic Electric Generating Facility in Currituck Co. Docket 4SP-5310 Sub 0. - View document at http://starwi.ncuc.net/NCUC/portal/ncuc/page/Dockets/portal.aspx, Type SP -5310 Sub 0 in the Docket Number search line. Located between Ferrell. Mill Road to the east, Oxford Road to the west and Ranchland Drive to the north, Moyock, NC Amended due to addition of parcel CROSS-REFERENCE NUMBER: 15-E-4600-0551 The attached project has been submitted to the N. C. State Clearinghouse for intergovernmental review. Please review and submit your response by the above indicated date to 1301 Mail, Service Center, Raleigh NC 27699-1301. If additional review time is needed, please contact this office at (919)807,72425. AS A RESULT OF THIS REVIEW THE FOLLOWING IS SUBMITTED: NO COMMENT COMMENTS ATTACHED SIGNED BY: DA'Z'E: Leo C Q ot, �ct:Lkr-v t c-* r�, so 9' 4' �5A NORTH CAROLINA STATE CLEARINGHOUSE DEPARTMENT OF ADMINIS'T'RATION INTERGOVERNMENTAL REVIEW COUNTY* CURRITUCK H11: ENERGY RELATED FACILITIES/ACTIVITIES MS RENEE GLEDHILL-EARLEY CLEARINGHOUSE COORDINATOR DEPT OF CULTURAL RESOURCES STATE HISTORIC PRESERVATION OFFICE MSC 4617 - ARCHIVES BUILDING RALEIGH NC REVIEW DISTRIBUTION ALBEMARLE REG PLANNING COMM CC&PS - DIV OF EMERGENCY MANAGEMENT DENR - COASTAL MGT DENR LEGISLATIVE AFFAIRS DEPT OF AGRICULTURE DEPT OF CULTURAL RESOURCES DEPT OF TRANSPORTATION PROTECT INFORMATION APPLICANT: N.C. Department of Commerce TYPE: State Environmental Policy Act Environmental Review STATE DUMBER: 15-E-4600-0578 DATE RECEIVED: 04/27/2015 AGENCY RESPONSE: 05/22/2015 REVIEW CLOSED: 05/27/2015 DESC: Amended Application of Wildwood Solar, LLC for Certificate to construct a 40 MW Solar Photovoltaic Electric Generating Facility in Currituck Co. Docket 4SP-5310 Sub 0. - View document at http://starwi.ncuc.net/NCUC/portal/ncuc/page/Dockets/portal.aspx, Type SP -5310 Sub 0 in the Docket Number search line. Located between Ferrell Mill Road to the east, Oxford Road to the west and Ranchland Drive to the north, Moyock, NC Amended due to addat�i3�ae CROSS-REFERENCE NUMBER.: 15-E-4600-0551 The attached project has been submitted to the N. C. State Clearinghouse for intergovernmental review. Please review and submit your response by the above indicated date to 1301 Mail Service Center, Raleigh NC 27699-1301. If additional review time is needed, please contact this office at (919)807-2425. AS A RESULT OF THIS REVIEW THE FOLLOWING IS SUBMITTED:NO COMMENT 1:1COMMENTS ATTACHED SIGNED BY: KPdQ DATE 6-`6 - IG- NORTH CAROLINA STATE CLEARINGHOUSE DEPARTMENT OF ADMINISTRATION INTERGOVER:NMENTAL REVIEW COUNTY: CURRITUCK RI,I,: ENERGY RELATED FACILITIES/ACTIVITIES MS CAROLYN PENNY CLEARINGHOUSE COORDINATOR CC&PS - DIV OF EMERGENCY MANAGEMENT FLOODPLAIN MANAGEMENT PROGRAM MSC # 4719 RALEIGH NC REVIEW DISTRIBUTION ALBEMARLE REG PLANNING COMM CC&PS DIV OF EMERGENCY MANAGEMENT DENR - COASTAL MGT DENR LEGISLATIVE AFFAIRS DEPT OF AGRICULTURE DEPT OF CULTURAL RESOURCES DEPT OF TRANSPORTATION PROJECT INFORMATION APPLICANT: N.C. Department of Commerce TYPE: State Environmental Policy Act Environmental Review STATE NC7MSER.: 15--E-4600-0578 DATE RECEIVED: 04/27/2015 AGENCY RESPONSE- 05/22/2015 REVIEW CLOSED: 05/27/2015 DESC: Amended Application of wildwood Solar, LLC for Certificate to construct a 40 MW Solar Photovoltaic Electric Generating Facility in Currituck Co. Docket 4SP-5310 Sub 0. - View document at http://starwl.ncuc.net/NCUC/portal/ncuc/page/Dockets/portal.aspx, Type SP -5310 Sub 0 in the Docket Number search line. Located between Ferrell Mill Road to the east, Oxford Road to the west and Ranchland Drive to the north, Moyock, NC Amended due to addition of parcel. CROSS-REFERENCE NUMBER: 15-E-4600-0551 The attached project has been submitted to the N. C. State Clearinghouse for intergovernmental: review. Please review and submit your response by the above indicated date to 1301 Mail Service Center, Raleigh NC 27699-1301. If additional review time is needed, please contact this office at (919)807-2425. AS A RESULT OF THIS REVIEW THE FOLLOWING# IS SUBMITTED: ❑ NO COMMENT 01 COMMENTS ATTACHED SIGNED BY: Co- kAJ--A--- DATE: 00 North Carolina • ,` , ManagementB093Emergency Pat McCrory, Governor Frank L. Perry, Secretary May 8, 2015 State Clearinghouse N.C. Department of Administration 1.301 Mail Service Center Raleigh, North. Carolina 27699-1301 Subject: Intergovernmental Review State Number: 15-E-4600-0578 Wildwood Solar, LLC; Currituck County Michael A. Sprayberry, Director As requested by the North Carolina State Clearinghouse, the .North Carolina Department of Public Safety Division of Emergency Management Risk Management reviewed the proposed project listed. above and offers the following comments: 1) The project site is located in Currituck County, Currituck County participates in the National Flood Insurance Program and enforces a Flood Damage Prevention Ordinance that requires a Floodplain Development Permit be issued for all development located in the Special Flood Hazard Area (SFHA) within its jurisdiction. Please ensure Currituck County's Floodplain Administrator reviews and issues permits for each part of the Wildwood Solar Photovoltaic Electric Generating Facility within a SFHA. 2) The site outlined in the application encroaches on the coastal SFHA. Please see Flood Insurance Rate Map Panels 8030 and 8040. Any grading, fill or placement of equipment or materials in the SFHA will require a floodplain development permit issued by Currituck County. 3) All structures and utilities should be protected to the regulatory flood protection elevation as described in Currituck County's ordinance and 44 CFR 60.3. Thank you for your cooperation and consideration. If you have any questions concerning the above comments, please contact me at (919) 825-2300, by email at dan.brubaker@ncdps.Toy or at the address shown on the footer of this document. MAILING ADDRESS: 4218 Mail Service Center Raleigh NC 27699-4218 www.ncdps_gov www.nefloodmaps.com Sincerely, John D. Brubaker, P.E., CFM NFIP Engineer Risk Management An Equal Opportunity Employer G'I'M OFFICE LOCATION: 4105 Reedy Creek Road Raleigh, NC 27607 Telephone: (919) 825-2341 Pax: (919) 825-0408 State Clearinghouse Page 2 of 2 May S, 2015 15-E-4600-057$ cc: John Dorman, Program Director John Gerber, NF1P State Coordinator Jason Litteral, Planner, Currituck County File .2. ANGLER Kathy Matthews, Project Review Raleigh Field Office of the U.S. Fish and Wildlife Service P.O. Box 33726 Raleigh, NC 27636-3726 Re: Ranchland Solar Site, Currituck County, North Carolina Threatened and Endangered Species Review Dear Ms. Matthews: On behalf of SunEnergyl , Angler Environmental, a RES Company (Angler), would like to submit a review of threatened, endangered, significantly rare, or special concern species associated with the Ranchland Solar Site. Angler has conducted a project review in keeping with the protocol outlined for Online Project Reviews for the Piedmont and Coastal Plain Regions of North Carolina on the USFWS Raleigh Ecological Services Field Office. Angler conducted a review of known federally -listed threatened and endangered species likely or documented to occur, or having habitat within, the project impact area, and to assess any potential impacts of the proposed work on these resources. For this project, Angler queried the U.S. Fish and Wildlife Service's (USFWS) IPaC database, the USFWS North Carolina county database, and the North Carolina Natural Heritage Program (NCNHP) April 2017 database to gather information. The database findings of these queries are included as attachments with this letter. Fifteen federally -listed species were identified by these databases as potentially occurring or being affected by this project (Table 1); however, according to the NCNHP there were no documented occurrences of any federally threatened, endangered, or other ranked species occurring within the project area or in the immediate vicinity. Table 1. Federally -listed species identified by USFWS databases for the project area. Species/Resource Name Federal Habitat Database Status Present Atlantic sturgeon E No IPaC (Acipenser oxyrinchus) Shortnose sturgeon E No IPaC (Acipenser brevirostrum) West Indian Manatee E No Raleigh FWS — (Trichechus manatus) Currituck County, IPaC Green sea turtle T No Raleigh FWS - (Chelonia mydas) Currituck County Hawksbill sea turtle E No Raleigh FWS - (Eretmochelys imbricate) Currituck County Kemp's Ridley sea turtle E No Raleigh FWS - (Lepidochelys kempii) Currituck County, IPaC Leatherback sea turtle E No Raleigh FWS — (Dermochelys coriacea) Currituck County, IPaC Loggerhead sea turtle T No Raleigh FWS — (Caretta caretta) Currituck County, IPaC 302 Jefferson Street, Suite 110, Raleigh, NC 27605 I P: 703-393-4844 www.AnglerEnvironmental.com SunEnergyl Ranchland Solar Threatened and Endangered Species Review June 8, 2017 Page 2 of 6 Red -cockaded woodpecker E Yes Raleigh FWS — Picoides borealis Currituck, IPaC Red knot T No Raleigh FWS — Calidris canutus rufa Currituck County, IPaC Piping plover T No Raleigh FWS - Charadrius melodus Currituck County, IPaC Bald eagle BGPA No Raleigh FWS — Haliaeetus leucocephalus Currituck Count Northern long-eared bat T Yes Raleigh FWS — M otis septentrionalis Currituck County, IPaC Indiana bat E No IPaC M otis sodalist Seabeach amaranth T No Raleigh FWS — Amaranthus pumilus Currituck County, IPaC T= federally -threatened E= federally -endangered BGPA= Bald and Golden Eagle Protection Act The proposed project consists of an approximately 918 -acre site on Ferrell Mill Road in Currituck County that is being evaluated for development as a solar energy -generating site. Development will include the installation of ground -mounted solar panels across the parcel. The north portion of the site is accessed by Ferrell Mill Road which turns into an unnamed road that bisects the project area. The current site conditions are majority agricultural land, with peripheral forested areas to the south; 80 acres will be cleared for this project with no impact. Please refer to figures attached with this letter for more information on the site location and use. One species reported by IPaC, the federally -endangered Indiana bat (Myotis sodalist), was identified to be a reporting error on IPaC during a phone conversation with Kathy Matthews of the USFWS — Raleigh office on June 5, 2018. As a result of this conversation, Angler has documented that this species would not occur within the project limits and is mistakenly listed. Eight of the fifteen -listed species identified by our database search, the Atlantic sturgeon, shortnose sturgeon, green sea turtle, Hawksbill sea turtle, Kemp's ridley sea turtle, leatherback sea turtle, loggerhead sea turtle, and West Indian manatee are all aquatic animals which do not have potential habitat within the project limits. The federally -endangered Atlantic sturgeon (Acipenser oxycrinchus) was identified on a county - level review. The Atlantic sturgeon is a large fish that occurs in major river systems in moderately flowing, deep water along the eastern seaboard of the United States. It is an anadromous species that migrates to moderately -moving freshwater areas to spawn in the spring; in some southern rivers, a fall spawning migration may also occur. Spawning occurs in moderately flowing water in deep parts of large rivers, usually on hard surfaces (e.g., cobble). Juveniles usually reside in estuarine waters. Subadults and adults live in coastal waters and estuaries when not spawning, generally in shallow nearshore areas dominated by gravel and sand substrates. Nearby river systems include Guiena Mill Run Canal, New Bridge Creek, Roland Creek, and Tull Creek, but these systems are miles from the project site; additionally, the proper use of erosion and sediment control devices for any ground disturbance occurring as a function of this project will prevent sediment pollution from leaving the project site. Atlantic sturgeon will not be affected by this project. 302 Jefferson Street, Suite 110, Raleigh, NC 27605 I P: 703-393-4844 www.AnglerEnvironmental.com SunEnergyl Ranchland Solar Threatened and Endangered Species Review June 8, 2017 Page 3 of 6 The federally -endangered shortnose sturgeon (Acipenser brevirostrum) was identified on a county -level review. Shortnose sturgeon also occur in most major river systems along the eastern seaboard of the United States. The species prefers the near shore marine, estuarine, and riverine habitat of large river systems. It is an anadromous species that migrates to faster -moving freshwater areas to spawn in the spring, but spends most of its life within proximity of the river's mouth. Large freshwater rivers that are unobstructed by dams or pollutants are imperative to successful reproduction. Distribution information by river/waterbody is lacking for the rivers of North Carolina; however, records are known from most coastal counties. Due to the lack of major river systems in the project area, and the planned use of proper erosion and sediment control devices for any ground disturbance, shortnose sturgeon will not be affected by this project. The federally -endangered West Indian manatee (Trichechus manatus) was identified on a county - level review, but not by the IPaC database; however, Manatees have been observed in all the North Carolina coastal counties. Manatees are found in canals, sluggish rivers, estuarine habitats, salt water bays, and as far off -shore as 3.7 miles. They utilize both freshwater and marine habitats at shallow depths of five (5) to 20 feet. In the winter, between October and April, manatees concentrate in areas with warm water; during other times of the year, habitats are more widely ranging and include those with sufficient water depth, an adequate food supply, and a proximity to fresh water. Manatees require a source of fresh water to drink and are primarily herbivorous, feeding on any aquatic vegetation present; they may also occasionally feed on fish. Due to the lack of habitat in the project area, and the planned use of proper erosion and sediment control devices for any ground disturbance, the West Indian manatee will not be affected by this project. Green turtles (Chelonia mydas) was identified on IPaC as federally -threatened. They are generally found in shallow waters (except when migrating) inside reefs, bays, and inlets. The turtles are attracted to lagoons and shoals with an abundance of marine grass and algae. Open beaches with a sloping platform and minimal disturbance are required for nesting. Green turtles have a strong nesting site fidelity and often make long distance migrations between feeding grounds and nesting beaches. Hatchlings have been observed to seek refuge and food in Sargassum rafts. Due to the lack of habitat for this species within the project area, and the distance from the coast this species will not be affected by this project. Hawksbill sea turtle (Eretmochelys imbricate) are listed as federally -endangered on IPaC. These turtles use different habitats at different stages of their life cycle, but are most commonly associated with healthy coral reefs. Hawksbills are also found around rocky outcrops and high energy shoals, which are also optimum sites for sponge growth. They are also known to inhabit mangrove -fringed bays and estuaries, particularly along the eastern shore of continents where coral reefs are absent. Due to the lack of habitat for this species within the project area, and the distance from the coast this species will not be affected by this project. Kemp's Ridley sea turtle (Lepidochelys kempiil) is listed as federally -endangered on both IPaC and by the county. It is the smallest of the sea turtles that visit North Carolina's coast, and has been sighted in most coastal counties. While most this sea turtle's nesting occurs in Mexico, the species is known to nest on North Carolina beaches infrequently. Sightings of the species exist for most coastal counties. Kemp's ridley sea turtle can lay eggs as many as three times during the April to June breeding season. Kemp's ridley sea turtles prefer beach sections that are backed up by extensive swamps or large bodies of open water having seasonal narrow ocean connections and a well-defined elevated dune area. The species prefers neritic areas with sandy or muddy bottoms. The males spend their entire lives in the water while the female comes ashore 302 Jefferson Street, Suite 110, Raleigh, NC 27605 I P: 703-393-4844 www.AnglerEnvironmental.com SunEnergyl Ranchland Solar Threatened and Endangered Species Review June 8, 2017 Page 4 of 6 only to lay eggs. Due to the lack of habitat for this species within the project area, and the distance from the coast, this species will not be affected by this project. Leatherback sea turtle (Dermochelys coriacea) is listed as federally -endangered on both IPaC and the county. It is the largest, deepest diving, and most migratory and wide ranging of all sea turtles. They are pelagic, but also forage in coastal waters with Atlantic Canada supporting one of the largest seasonal foraging populations. The most significant nesting in the United States primarily includes the Caribbean in Puerto Rico and U.S. Virgin Islands, and Southeast Florida, but the largest nesting population are present in the western Atlantic in French Guiana. Due to the lack of habitat for this species within the project area, and the distance from the coast, this species will not be affected by this project. Loggerhead sea turtle (Caretta caretta) is listed as federally -threatened in IPaC and the county. Loggerheads nest on ocean beaches, generally preferring high energy, relatively narrow, steeply sloped, coarse-grained beaches. The predominate foraging areas for western North Atlantic adult loggerheads are found throughout the relatively shallow continental shelf waters of the United States, Bahamas, Cuba, and the Yucatan Peninsula, Mexico. Migration routes from foraging habitats to nesting beaches for a portion of the population are restricted to the continental shelf, while other routes involve crossing oceanic waters to and from the Bahamas, Cuba, and the Yucatan Peninsula. Seasonal migrations of adult loggerheads along the mid- and southeast U.S. coasts have also been documented. Due to the lack of habitat for this species within the project area, and the distance from the coast this species will not be affected by this project. Four bird species were also identified by our database review on both IPaC and the county; Red - cockaded woodpecker, red knot, piping plover, and bald eagle. Angler reviewed an additional public resource to determine possible occurrence of this species within the project area or vicinity. The Cornell Lab of Ornithology eBird website allows public users to record and track sightings of birds by species and date, and maintains records for viewers. The data are only supplemental in nature, as they depend on private citizen use and are unverifiable in accuracy of identification; however, they can be a useful contribution to a species review. The scope of this project does include tree clearing to occur as needed within approximately 93 acres; most work will be done within cleared agricultural land. Red -cockaded woodpecker (Picoides borealis, RCW) is listed as potentially occurring in the county. The red -cockaded woodpecker excavates nesting cavities in mature living southern pine species, especially longleaf pine (Pinus palustris). For nesting, the bird typically requires at least sixty -year-old trees, and prefers forest stands with a regular fire regime. For foraging, the understory must be clear, and the presence of a hardwood understory signifies that there is not suitable foraging habitat for this species. The trees onsite are mixed planted pine and interspersed hardwoods, and are approximately 30 years old. The understory was marginal for foraging habitat. The nearest recorded sightings of the red -cockaded woodpecker on eBird are located over 30 miles from the project site, and additional information shared by USFWS regarding known populations suggest RCW are unlikely to be on-site. Based on these findings, this species will not likely be adversely affected by this work. The red knot (Calidris canutus rufa) is a federally -threatened shorebird found primarily on seacoasts on tidal flats and beaches, but also occurring less frequently in marshes and flooded fields. The rufa red knot is one of the six recognized subspecies of red knots, and is the only subspecies that routinely travels along the Atlantic coast of the United States during spring and fall migrations. It is known to winter in North Carolina and to stop over during migration. Habitats 302 Jefferson Street, Suite 110, Raleigh, NC 27605 I P: 703-393-4844 www.AnglerEnvironmental.com SunEnergyl Ranchland Solar Threatened and Endangered Species Review June 8, 2017 Page 5 of 6 used by red knots in migration and wintering areas are similar in character: coastal marine and estuarine habitats with large areas of exposed intertidal sediments. In North America, red knots are commonly found along sandy, gravel, or cobble beaches, tidal mudflats, salt marshes, shallow coastal impoundments and lagoons, and peat banks. Ephemeral features such as sand spits, islets, shoals, and sandbars, often associated with inlets can be important habitat for roosting. Ebird sighting on May 12, 2017 more than 30 away in Currituck National Wildlife Refuge. Due to the lack of habitat for this species within the project area, this species will not be affected by this project. The piping plover (Charadrius melodus) is federally -threatened and is primarily found on sand and/or mud flats with no or very sparse emergent vegetation. Areas adjacent with unvegetated or sparsely vegetated sand, mud, or algal flats above high tide are also essential, especially for roosting piping plovers. North Carolina is uniquely positioned in the species' range to where they are present year-round. These birds are primarily coastal during the winter, preferring areas with expansive sand or mudflats (feeding) in close proximity to a sandy beach (roosting). The nearest recorded sightings of the piping plover on eBird are located over 30 miles from the project site. Due to the lack of habitat for this species within the project area, this species will not be affected by this project. Bald eagles (Haliaeetus leucocephalus) is a federally -protected raptor requiring open water for nesting habitat. Bald eagles were identified as occurring within Currituck County. Habitat for the bald eagle primarily consists of mature forest in proximity to large bodies of open water for foraging. Large dominant trees are utilized for nesting sites, typically within 1.0 mile of open water. A desktop -GIS assessment of the project study area, as well as the area within a 1.13 -mile radius (1.0 mile plus 660 feet) of the project limits, was performed on June 7, 2017 using aerial photography on Google Earth. No water bodies large enough or sufficiently open to be considered potential feeding sources were identified. Since there was no foraging habitat within the review area, a survey of the project study area and the area within 660 feet of the project limits was not conducted. Angler also consulted eBird for this species. The nearest sighting of bald eagles recorded on eBird with respect to the project site is located approximately about 23 miles east of the project site on Knotts Island. Due to the distance of the project site to open water, this project will not affect bald eagles. During summer, northern long-eared bats (Myotis septentrionalis) roost singly or in colonies underneath bark, in cavities, or in crevices of both live and dead trees and may also roost in cooler places, like caves and mines. This bat seems opportunistic in selecting roosts, using tree species based on suitability to retain bark or provide cavities or crevices. It has also been found, rarely, roosting in structures like barns and sheds. Northern long-eared bats spend winter hibernating in caves and mines, called hibernacula. They typically use large caves or mines with large passages and entrances; constant temperatures; and high humidity with no air currents. Within hibernacula, surveyors find them in small crevices or cracks, often with only the nose and ears visible. This project is not located within a watershed where a known roost is located; however, approximately 93 acres of trees are subject to clearing which may affect NLEB habitat. Therefore, SunEnergyl and Angler are relying upon the findings of the 1/5/2016 Programmatic Biological Opinion for Final 4(d) Rule on the Northern Long -Eared Bat and Activities Excepted from Take Prohibitions to fulfill our project -specific section 7 responsibilities. This species may be affected by this work. Seabeach amaranth (Amaranthus pumilus) is a federally -threatened, annual plant found barrier island beaches, where its primary habitat consists of overwash flats at accreting ends of islands and lower foredunes and upper strands of non -eroding beaches. It occasionally establishes small 302 Jefferson Street, Suite 110, Raleigh, NC 27605 I P: 703-393-4844 www.AnglerEnvironmental.com SunEnergyl Ranchland Solar Threatened and Endangered Species Review June 8, 2017 Page 6 of 6 temporary populations in other habitats, including sound -side beaches, blowouts in foredunes, and sand and shell material placed as beach replenishment or dredge spoil. Seabeach amaranth appears to be intolerant of competition and does not occur on well -vegetated sites. The species appears to need extensive areas of barrier island beaches and inlets, functioning in a relatively natural and dynamic manner. These characteristics allow it to move around in the landscape as a fugitive species, occupying suitable habitat as it becomes available. Due to the lack of habitat for this species within the project area, this species will not be affected by this project. In summary, Angler has reviewed available database resources for possible effects to federally - listed threatened and endangered species within the project area, and we have determined that the proposed installation of solar panels on this approximately 918 -acre project site may affect northern long-eared bat, but within the permissible scope as defined by the 4(d) rule. This project will not affect any of the other federally -listed threatened or endangered species identified during database review. Sincerely, V'&' vp�" Kathleen Webber Environmental Specialist Attachments Brad Breslow Project Manager 302 Jefferson Street, Suite 110, Raleigh, NC 27605 I P: 703-393-4844 www.AnglerEnvironmental.com Ranchland Solar Site Legend A Threatened and Endangered Species Review Project Limits Approximate Limits Subject to Clearing r f . _ " 6/5/2017 Currituck County Endangered Species, Threatened Species,Federal Species of Concern, and Candidate Species Endangered Species, Threatened Species,Federal Species of Concern, and Candidate Species, Currituck County, North Carolina Note:Marine Threatened and Endangered Species information can be found at the National Marine Fiseries Service (NMFS) Endangered and Threatened Species website Updated: 11-30-2015 Critical Habitat Designations: Loggerhead Sea Turtle - Caretta caretta - See the Federal Register for a description of the primary constituent elements essential for the conservation of nesting Loggerhead sea turtles within the designated units. This document also contains a map and a description of each designated unit. Federal Register Reference: July10, 2014, Federal Register, 79:51264-51266 Common Name Scientific name Federal Record Status Status Vertebrate: American eel Anguilla rostrata FSC Current Bald eagle Haliaeetus leucocephalus BGPA Current Black rail Laterallus jamaicensis FSC Current Green sea turtle Chelonia mydas T Current Hawksbill (=Carey) sea turtle Eretmochelys imbricata E Historic Kemp=Atlantic, ridley sea turtle Lepidochelys kempii E Current Leatherback sea turtle Dermochelys coriacea E Current Loggerhead sea turtle Caretta caretta T Current Northern long-eared bat Myotis septentrionalis T Current Piping plover Charadrius melodus T Current Red -cockaded woodpecker Picoides borealis E Current Red knot Calidris canutus rufa T Current West Indian manatee Trichechus manatus E Current https://www.fws.gov/raleigh/species/cntylisttcurrituck.htmi 1/3 6/5/2017 Currituck County Endangered Species, Threatened Species,Federal Species of Concern, and Candidate Species Invertebrate: Vascular Plant: Grassleaf arrowhead Sagittaria weatherbiana FSC Historic Seabeach amaranth Amaranthus pumilus T Current Virginia least trillium Trillium pusillum var. virginianum FSC Current Nonvascular Plant: Lichen: Definitions of Federal Status Codes: E = endangered. A taxon "in danger of extinction throughout all or a significant portion of its range." T = threatened. A taxon "likely to become endangered within the foreseeable future throughout all or a significant portion of its range." C = candidate. A taxon under consideration for official listing for which there is sufficient information to support listing. (Formerly "C1" candidate species.) BGPA =Bald and Golden Eagle Protection Act. See below. FSC=Federal Species of Concern. FSC is an informal term. It is not defined in the federal Endangered Species Act. In North Carolina, the Asheville and Raleigh Field Offices of the US Fish and Wildlife Service (Service) define Federal Species of Concern as those species that appear to be in decline or otherwise in need of conservation and are under consideration for listing or for which there is insufficient information to support listing at this time.Subsumed under the term "FSC" are all species petitioned by outside parties and other selected focal species identified in Service strategic plans, State Wildlife Action Plans, or Natural Heritage Program Lists. T(S/A) = threatened due to similarity of appearance. A taxon that is threatened due to similarity of appearance with another listed species and is listed for its protection. Taxa listed as T(S/A) are not biologically endangered or threatened and are not subject to Section 7 consultation. See below. EXP = experimental population. A taxon listed as experimental (either essential or nonessential). Experimental, nonessential populations of endangered species (e.g., red wolf) are treated as threatened species on public land, for consultation purposes, and as species proposed for listing on private land. P = proposed. Taxa proposed for official listing as endangered or threatened will be noted as "PE" or "PT", respectively. Bald and Golden Eagle Protection Act (BGPA): In the July 9, 2007 Federal Register( 72:37346-37372), the bald eagle was declared recovered, and removed (de- listed) from the Federal List of Threatened and Endangered wildlife. This delisting took effect August 8,2007. After delisting, the Bald and Golden Eagle Protection Act (Eagle Act) (16 U.S.C. 668-668d) becomes the primary law protecting bald eagles. The Eagle Act prohibits take of bald and golden eagles and provides a statutory definition of "take" that includes "disturb". The USFWS has developed National Bald Eagle Management Guidelines to provide guidance to land managers, landowners, and others as to how to avoid disturbing bald eagles. For mor information, visit http://www.fws. og v/mi rg atorybirds/baldea lg e.htm Threatened due to similarity of appearance T(S/A& In the November 4, 1997 Federal Register (55822-55825), the northern population of the bog turtle (from New York south to Maryland) was listed as T (threatened), and the southern population (from Virginia south to Georgia) was listed as T(S/A) (threatened due to similarity of appearance). The T(S/A) designation bans the collection and interstate and international commercial trade of bog turtles from the southern population. The T(S/A) designation has no effect on land management activities by private landowners in North Carolina, part of the southern population of the species. In addition to its official status as T(S/A), the U.S. Fish and Wildlife Service considers the southern population of the bog turtle as a Federal species of concern due to habitat loss. Definitions of Record Status: Current - the species has been observed in the county within the last 50 years. https://www.fws.gov/raleigh/species/cntylisttcurrituck.htmi 213 C41i Off` :.x United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Phone: (919) 856-4520 Fax: (919) 856-4556 In Reply Refer To: Consultation Code: 04EN2000-2017-SLI-0588 Event Code: 04EN2000-2017-E-01502 Project Name: Ranchland Solar June 04, 2017 Subject: List of threatened and endangered species that may occur in your proposed project location, and/or may be affected by your proposed project To Whom It May Concern: The species list generated pursuant to the information you provided identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list. Section 7 of the Act requires that all federal agencies (or their designated non-federal representative), in consultation with the Service, insure that any action federally authorized, funded, or carried out by such agencies is not likely to jeopardize the continued existence of any federally -listed endangered or threatened species. A biological assessment or evaluation may be prepared to fulfill that requirement and in determining whether additional consultation with the Service is necessary. In addition to the federally -protected species list, information on the 06/04/2017 Event Code: 04EN2000-2017-E-01502 2 species' life histories and habitats and information on completing a biological assessment or evaluation and can be found on our web page at http://www.fws.gov/raleigh. Please check the web site often for updated information or changes If your project contains suitable habitat for any of the federally -listed species known to be present within the county where your project occurs, the proposed action has the potential to adversely affect those species. As such, we recommend that surveys be conducted to determine the species' presence or absence within the project area. The use of North Carolina Natural Heritage program data should not be substituted for actual field surveys. If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely to adversely affect) a federally -protected species, you should notify this office with your determination, the results of your surveys, survey methodologies, and an analysis of the effects of the action on listed species, including consideration of direct, indirect, and cumulative effects, before conducting any activities that might affect the species. If you determine that the proposed action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally listed species, then you are not required to contact our office for concurrence (unless an Environmental Impact Statement is prepared). However, you should maintain a complete record of the assessment, including steps leading to your determination of effect, the qualified personnel conducting the assessment, habitat conditions, site photographs, and any other related articles. Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require development of an eagle conservation plan (http://www.fws.gov/windenergy/eagle_guidance.html). Additionally, wind energy projects should follow the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and bats. Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http://www.fws. gov/migratorybirds/CurrentBirdIssues/Hazards/towers/towers.htm; http://www.towerkill.com; and http://www.fws. gov/migratorybirds/CurrentBirdIssues/Hazards/towers/comtow.html. Not all Threatened and Endangered Species that occur in North Carolina are subject to section 7 consultation with the U.S Fish and Wildlife Service. Atlantic and shortnose sturgeon, sea turtles,when in the water, and certain marine mammals are under purview of the National Marine Fisheries Service. If your project occurs in marine, estuarine, or coastal river systems you should also contact the National Marine Fisheries Service, http://www.nmfs.noaa.gov/ We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. If you have any questions or comments, please contact John Ellis of this office at john_ellis@fws.gov. 06/04/2017 Event Code: 04EN2000-2017-E-01502 Attachment(s): ■ Official Species List 06/04/2017 Event Code: 04EN2000-2017-E-01502 Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 (919) 856-4520 06/04/2017 Event Code: 04EN2000-2017-E-01502 Project Summary Consultation Code: 04EN2000-2017-SLI-0588 Event Code: 04EN2000-2017-E-01502 Project Name: Ranchland Solar Project Type: ** OTHER ** Project Description: Solar power generation site. Solar panels will be installed across the site. Project Location: Approximate location of the project can be viewed in Google Maps: https://www.google.com/maps/place/36.47042378129367N76.14864633716786W Club4t E&916 v sae k Counties: Currituck, NC Endangered Species Act Species There is a total of 12 threatened, endangered, or candidate species on your species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area. Please contact the designated FWS office if you have questions. 2 06/04/2017 Event Code: 04EN2000-2017-E-01502 Mammals NAME Indiana Bat (Myotic sodalis) No critical habitat has been designated for this species. Species profile: htWs:Hecos.fws.gov/ecp/species/5949 Northern Long-eared Bat (Myotis septentrionalis) No critical habitat has been designated for this species. Species profile: hiips://ecos.fws.gov/ecp/species/9045 STATUS Endangered Threatened West Indian Manatee (Trichechus manatus) Threatened There is a final critical habitat designated for this species. Your location is outside the designated critical habitat. Species profile: ht42s:Hecos.fws.gov/ecp/species/4469 Birds NAME STATUS Piping Plover (Charadrius melodus) Threatened Population: except Great Lakes watershed There is a final critical habitat designated for this species. Your location is outside the designated critical habitat. Species profile: hM2s:Hecos.fws.gov/ecp/species/6039 Red Knot (Calidris canutus Tufa) Threatened No critical habitat has been designated for this species. Species profile: hiips://ecos.fws.gov/ecp/species/1864 Red -cockaded Woodpecker (Picoides borealis) Endangered No critical habitat has been designated for this species. Species profile: haps://ecos.fws.gov/ecp/species/7614 Q 06/04/2017 Event Code: 04EN2000-2017-E-01502 Reptiles NAME STATUS Kemp's Ridley Sea Turtle (Lepidochelys kempii) Endangered No critical habitat has been designated for this species. Species profile: htWs:Hecos.fws.gov/ecp/species/5523 Leatherback Sea Turtle (Dermochelys coriacea) Endangered There is a final critical habitat designated for this species. Your location is outside the designated critical habitat. Species profile: ht42s:Hecos.fws.gov/ecp/species/1493 Loggerhead Sea Turtle (Caretta caretta) Threatened Population: Northwest Atlantic Ocean DPS There is a final critical habitat designated for this species. Your location is outside the designated critical habitat. Species profile: h!Ws:Hecos.fws.gov/ecp/species/1110 Fishes NAME STATUS Atlantic Sturgeon (Acipenser oxyrinchus oxyrinchus) Endangered Population: Carolina DPS No critical habitat has been designated for this species. Species profile: btips:Hecos.fws.gov/ecp/species/3252 Shortnose Sturgeon (Acipenser brevirostrum) Endangered No critical habitat has been designated for this species. Species profile: hiips:Hecos.fws.gov/ecp/species/6635 Flowering Plants NAME STATUS Seabeach Amaranth (Amaranthus pumilus) Threatened No critical habitat has been designated for this species. Species profile: hUps://ecos.fws.gov/ecp/species/8549 Critical habitats There are no critical habitats within your project area. 4 6/5/2017 Currituck County Endangered Species, Threatened Species,Federal Species of Concern, and Candidate Species Historic - the species was last observed in the county more than 50 years ago. Obscure - the date and/or location of observation is uncertain. Incidental/migrant - the species was observed outside of its normal range or habitat. Probable/potential - the species is considered likely to occur in this county based on the proximity of known records (in adjacent counties), the presence of potentially suitable habitat, or both. https://www.fws.gov/raleigh/species/cntylist/currituck.htmi 313 Species Conclusions Table Project Name: Ranchland Solar Site Date: June 7, 2017 Species / Resource Name Conclusion ESA Section 7 / Eagle Act Notes / Documentation Determination Indiana bat Indiana Bat is included in the IPaC; however, it was verified to be a reporting error on (Myotis sodalis) Reporting Error on IPaC No effect 6/5/17 during a phone conversation with Kathy Matthews of the USFWS — Raleigh office. Approximately 93 acres of trees are subject to clearing on this parcel. Relying upon Northern long-eared bat Suitable habitat present May affect the findings of the 1/5/2016 Programmatic Biological Opinion for Final 4(d) Rule on (Myotis septentrionalis) the Northern Long -Eared Bat and Activities Excepted from Take Prohibitions to fulfill our project -specific section 7 responsibilities. Green sea turtle No habitat present No effect Attracted to lagoons, reefs, bays, mangrove swamps and inlets. This habitat does not (Chelonia mydas) exist within the project area. Hawksbill sea turtle No habitat present No effect Found in coastal waters, around coral reefs, rocky outcrops, shoals, mangrove bays, (Eretmochelys imbricate) and estuaries. This habitat does not exist within the project area. Kemp's ridley sea turtle Prefer beach sections backed by extensive swamps or large bodies of open water (Lepidochelys kempii) No habitat present No effect and neritic areas with sandy or muddy bottoms. This habitat does not exist within the project area. Leatherback sea turtle No habitat present No effect Generally open ocean species, but needs sandy, steeped sloped beaches for (Dermochelys coriacea) nesting. This habitat does not exist within the project area. Loggerhead sea turtle No habitat present No effect Found in open ocean, neritic areas, or on coastal beaches. Location is outside the Caretta caretta designated habitat. Bald eagles No Eagle Act permit Nearest sighting of bald eagles recorded on eBird with respect to the project site is (Haliaeetus leucocephalus) No habitat present required located approximately about 23 miles east of the project site. No large water bodies are located within a mile of the project site. Piping plover Primary constituent elements of habitat include sand and/or mud flats with no or very (Charadrius melodus) No habitat present No effect sparse emergent vegetation. They nest along sandy beaches including beach berms. This habitat does not exist within the project area. Red knot Habitats used in migration and wintering include coastal marine and estuarine with (Calidris canutus rufa) No habitat present No effect large areas of exposed intertidal sediments. This habitat does not exist within the project area. Potential habitat present Habitat occupies open, mature stands of southern pines, for foraging and Red -cockaded woodpecker and ncurrent survey Not likely to adversely affect nesting/roosting. A mixed planted pine stand with marginal foraging habitat exists (Picoides borealis) c conducted onsite that will be cleared during development but the latest eBird sighting is 30 miles from the project area. Shortnose sturgeon Prefers near shore marine, estuarine, and riverine habitat of large river systems. (Acipenser brevirostrum) No habitat present No effect There is no habitat present within the project area; there is also no proposed in - stream work. Atlantic sturgeon Occur in major river systems, spawn in deep, moderately flowing water, and live in (Acipenser oxyrinchus) No habitat present No effect coastal waters and estuaries. There is no habitat present within the project area; there is also no proposed in -stream work. West Indian manatee Habitat is aquatic, and are found in canals, sluggish rivers, estuaries, and salt water (Trichechus manatus) No habitat present No effect bays. There is no habitat present within the project area; there is also no proposed in -stream work. Seabeach amaranth No habitat present No effect Grows in overwash flats at accreting ends of islands. This habitat does not exist (Amaranthus pumilus) within the project area. S�eNT OF its QpP HFA E7rf[ H 'Lm"" United States Department of the Interior .9 FISH AND WILDLIFE SERVICE SACH 3. t9 , Raleigh Field Office P.O. Box 33726 Raleigh, NC 27636-3726 Date: 6/8/2017 Self -Certification Letter Project Name Ranchland Solar Dear Applicant: Thank you for using the U.S. Fish and Wildlife Service (Service) Raleigh Ecological Services online project review process. By printing this letter in conjunction with your project review package, you are certifying that you have completed the online project review process for the project named above in accordance with all instructions provided, using the best available information to reach your conclusions. This letter, and the enclosed project review package, completes the review of your project in accordance with the Endangered Species Act of 1973 (16 U.S.C. 1531-1544, 87 Stat. 884), as amended (ESA), and the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668c, 54 Stat. 250), as amended (Eagle Act). This letter also provides information for your project review under the National Environmental Policy Act of 1969 (P.L. 91-190, 42 U.S.C. 4321-4347, 83 Stat. 852), as amended. A copy of this letter and the project review package must be submitted to this office for this certification to be valid. This letter and the project review package will be maintained in our records. The species conclusions table in the enclosed project review package summarizes your ESA and Eagle Act conclusions. Based on your analysis, mark all the determinations that apply: "no effect" determinations for proposed/listed species and/or ✓ proposed/designated critical habitat; and/or ❑✓ "may affect, not likely to adversely affect" determinations for proposed/listed species and/or proposed/designated critical habitat; and/or ❑✓ "may affect, likely to adversely affect" determination for the Northern long- eared bat (Myotis septentrionalis) and relying on the findings of the January 5, 2016, Programmatic Biological Opinion for the Final 4(d) Rule on the Northern long-eared bat; ❑✓ "no Eagle Act permit required" determinations for eagles. Applicant Page 2 We certify that use of the online project review process in strict accordance with the instructions provided as documented in the enclosed project review package results in reaching the appropriate determinations. Therefore, we concur with the "no effect" or "not likely to adversely affect" determinations for proposed and listed species and proposed and designated critical habitat; the "may affect" determination for Northern long-eared bat; and/or the "no Eagle Act permit required" determinations for eagles. Additional coordination with this office is not needed. Candidate species are not legally protected pursuant to the ESA. However, the Service encourages consideration of these species by avoiding adverse impacts to them. Please contact this office for additional coordination if your project action area contains candidate species. Should project plans change or if additional information on the distribution of proposed or listed species, proposed or designated critical habitat, or bald eagles becomes available, this determination may be reconsidered. This certification letter is valid for 1 year. Information about the online project review process including instructions, species information, and other information regarding project reviews within North Carolina is available at our website http://www.fws.gov/raleigh/pp.html. If you have any questions, you can write to us at Raleigh@fws.gov or please contact Leigh Mann of this office at 919-856-4520, ext. 10. Sincerely, /s/Pete Benjamin Pete Benjamin Field Supervisor Raleigh Ecological Services Enclosures - project review package APPENDIX D LATERAL A CROSSING E 0 ry E v E ~ t 3 Q w 3 p � p A h ., p p • � � _ w U K ry _1-11 71 PROPOSED ROAD CROSSING w a o M _,� - - _ _ ^ 1 - 1 a • ate___ EXISTING ROAD CROSSING Z W -- - - PROPOSED CAST IN PLACE ENDWALL ' r- ' es-ps n� ` o ' b a' p "X � . n � _ 3:1 SLOPE � o �� (DESIGNED BY OTHERS) - - Y PROPOSED (2) 42 LF OF 72" RCP ��10'-� .. " • '- - of ar - r nr UPHILL INVERTS: 0.75' =~ --= (D�v ti r DOWNHILL INVERTS: 0.25' -- �� - r.� L !_ -'' M1 Q TIAFG GR �. 3 A VES -_ �� �` d _ _ �. _ RIVE 1 [� n _O*qo - _ 30 0 nJ r7 -�� 1 r v r 10/12/17 — _' J — — DRAWN BY — _ - , _ "•. r _ t J. DOOLEY APPROX. 56 L�OF XISTING CULVERT DESIGNED BY P STRUCTURE REMOVED J. DOOLEY PROPOSED 6'W X 16'L X 26"D - _ _ - - 2 - i� x p-, CHECKED BY =� �z - _ CLASS 1 RIP RAP OUTLET PROTECTION 4 3 _q`ti fII 1 p� ❑ 1�)\\\ R BAKER ^�� = _ It carn //1 I / h 2 p [� • SCALE _ PROPOSED 68 LF OF 24" RCP liep ❑ �j' AS SHOWN UPHILL INVERT: 4.75 - - - --9- - ! / r I ❑ • :1 IS / I 7 87 1. �� I I ❑ �� ` Ek+Arf �. DOWNHILL INVERT: 2.00 _ _ _ 1} _ e9 l 4 ❑ 1 DRI Vj Lu .p ,pay •.p• -.f •Y i. AV -t YY •S •'-➢ pf _ � -�`.. a � ' � t - r•\�- A A d h 4 o � 0 � t A A , •� `e- u�' � 1 \. � r � z gg w r r r Q f L z 0- r N � s RIO', 0' ., 1^ /// L a, 0 v ^ - - - \ • ' ` nJ �r. 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I ► •1 1 I 1 � 37401 � l 1 [ 1 9 1 1 11 1 0 20' 40, i I.II,II�7r ! 1 rr1,11 '. •.r o� rc.1, 1,1 1 1 1 EX1.0 €S It _` E B LATERAL B CROSSING uE E v i Z ., ~ L 3 w 3 LL QNi M '- a a a o a 1 zLL zo an ° a •r a o � a a a _ ~� PROPOSED ROAD CROSSING J; f 1 � � u w z I w w 3:1 SLOPE pilv A L N PROPOSED 42 LF OF 60" RCP N N t 6 a c. �. —� UPHILL INVERT: 2.00' y~a b h 6 a • 1 DOWNHILL INVERT: 1.50' �_ �_ 0 _ . _ PROPOSED 15'W X 50'L X 36"p o 10/12/17 TPO CLASS 2 RIP RAP OUTLERTECTION DRAWN BY 1 �� J. DOOLEY DESIffED er 1. DOOLEY PROPOSED CAST IN PLACE ENDWALL � � _ `S `r� � : ; z–\� (DESIGNED BY OTHERS) = , _ g �_ _��__ r F - D s D � .— 1 A S ~A` :. h L. L Cv ` CHEO�D BY _. � ^� -._ - - �. • a •- ^ Y • R. BAKER ` AS SHOWN • s •� n ca 1 7 ° n a ", ', °s °9 n �, . ➢• , o '' .1.-. zz- �-_� ` 51 -' �� `-°-� .i ..; ,a a a , o zz cbw +_ .50 \ ak w fV d co Y a h PROPOSED CAST IN PLACE ENDWALL - ouiz g g (DESIGNED BY OTHERS) \ v z " ' Y X \ STABILIZE BOTH THE WESTERN D "_r 7 f ' o ' r ." 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