SW6180501_Stormwater Management Report_20180524

Cypress Creek Renewables, 5310 South Alston Ave, Bldg 300, Durham, NC 27713 919.240.4815

May 9, 2018

NC Dept. of Environmental Quality
Division of Energy, Mineral and Land Resources
Stormwater Program
512 North Salisbury Street
Raleigh, NC 27699
[phone]
Attn: Laura Alexander, Administrative Assistant
[e-mail]

Re: Shelter Solar, LLC
PIN 6942-4050-1026
2563 Turnpike Road
Raeford, Hoke County, NC 28376

Dear Ms. Alexander,

Please find enclosed the following information in support of the Application for Post Construction Stormwater for the
above referenced project:

• One (1) check for the standard processing fee in the amount of $505.00, made payable to NCDEQ
• One (1) original and one (1) copy of the SWU-101 State Stormwater Permit Application Form
• Two (2) copies of the Pre- and Post-Drainage Area Exhibit
• Two (2) sets of the plans entitled, “Civil Permit Plans, Shelter Solar, LLC, 2563 Turnpike Road, Raeford, Hoke
County, NC 28376, prepared by Cypress Creek EPC, dated May 4th, 2018”
• One (1) copy of the letter of authorization from the landowner
• One (1) copy of the Low Impact Development calculations for Shelter Solar, LLC
• One (1) copy each of the USGS, Soils, and Wetland maps identifying the site location
• One (1) copy of the Notification of Jurisdictional Determination
• One (1) copy of the current deed
• One (1) copy of the lease
• One (1) copy of the NC Secretary of State search result for Cypress Creek Holdings, LLC

I trust the above is satisfactory for your review and execution. Please contact me should you have any questions or
require any additional information.

Sincerely,

Keith P. Billy, PE
Sr. Civil Engineer
Cypress Creek Renewables
[e-mail]
919-370-1938

Enclosures

DEMLR USE ONLY
Date Received Fee Paid Permit Number

Applicable Rules:  Coastal SW – 1995  Coastal SW – 2008  Ph II - Post Construction
(select all that apply)  Non-Coastal SW- HQW/ORW Waters  Universal Stormwater Management Plan
 Other WQ Mgmt Plan:

Form SWU-101 Version Oct. 31, 2013 Page 1 of 6
State of North Carolina
Department of Environment and Natural Resources
Division of Energy, Mineral and Land Resources

STORMWATER MANAGEMENT PERMIT APPLICATION FORM
This form may be photocopied for use as an original
I. GENERAL INFORMATION
1. Project Name (subdivision, facility, or establishment name - should be consistent with project name on plans,
specifications, letters, operation and maintenance agreements, etc.):
Shelter Solar, LLC
2. Location of Project (street address):
2563 Turnpike Road
City:Raeford County:Hoke Zip:28376
3. Directions to project (from nearest major intersection):
Shelter Solar, LLC is located 0.8 miles southwest of intersection of NC Route 211

4. Latitude:34 58’ 56.9388” N Longitude:79 15’ 53.4672” W of the main entrance to the project.

II. PERMIT INFORMATION:
1. a. Specify whether project is (check one): New Modification Renewal w/ Modification†
†Renewals with modifications also requires SWU-102 – Renewal Application Form
b. If this application is being submitted as the result of a modification to an existing permit, list the existing
permit number , its issue date (if known) , and the status of
construction: Not Started Partially Completed* Completed* *provide a designer’s certification
2. Specify the type of project (check one):
Low Density High Density Drains to an Offsite Stormwater System Other
3. If this application is being submitted as the result of a previously returned application or a letter from
DEMLR requesting a state stormwater management permit application , list the stormwater project number,
if assigned, and the previous name of the project, if different than currently
proposed, .
4. a. Additional Project Requirements (check applicable blanks; information on required state permits can be
obtained by contacting the Customer Service Center at 1-877-623-6748):
CAMA Major Sedimentation/Erosion Control: 27 ac of Disturbed Area
NPDES Industrial Stormwater 404/401 Permit: Proposed Impacts
b. If any of these permits have already been acquired please provide the Project Name, Project/Permit Number,
issue date and the type of each permit:

5. Is the project located within 5 miles of a public airport? No Yes
If yes, see S.L. 2012-200, Part VI: http://portal.ncdenr.org/web/lr/rules-and-regulations
Form SWU-101 Version Oct. 31, 2013 Page 2 of 7
III. CONTACT INFORMATION
1. a. Print Applicant / Signing Official’s name and title (specifically the developer, property owner, lessee,
designated government official, individual, etc. who owns the project):
Applicant/Organization:Cypress Creek Holdings, LLC
Signing Official & Title:Kirk Kieffer, Authorized Person
b. Contact information for person listed in item 1a above:
Street Address:3250 Ocean Park Boulevard, Suite 355
City:Santa Monica State:CA Zip:90405
Mailing Address (if applicable):3250 Ocean Park Boulevard, Suite 355
City:Santa Monica State:CA Zip:90405
Phone: (919 ) 240-4815 Fax: ( )
Email:[e-mail]
c. Please check the appropriate box. The applicant listed above is:
The property owner (Skip to Contact Information, item 3a)
Lessee* (Attach a copy of the lease agreement and complete Contact Information, item 2a and 2b below)
Purchaser* (Attach a copy of the pending sales agreement and complete Contact Information, item 2a and
2b below)
Developer* (Complete Contact Information, item 2a and 2b below.)

2. a. Print Property Owner’s name and title below, if you are the lessee, purchaser or developer. (This is the
person who owns the property that the project is located on):
Property Owner/Organization: Jane Hedgpeth
Signing Official & Title: Jane Hedgpeth
b. Contact information for person listed in item 2a above:
Street Address: 2307 Turnpike Road
City: Raeford State:NC Zip:28376
Mailing Address (if applicable):Same as above
City: State: Zip:
Phone: ( ) Fax: ( )
Email:

3. a. (Optional) Print the name and title of another contact such as the project’s construction supervisor or other
person who can answer questions about the project:
Other Contact Person/Organization:Cypress Creek EPC, LLC
Signing Official & Title:Kirk Keiffer, Senior Director of Project Management
b. Contact information for person listed in item 3a above:
Mailing Address:5310 South Alston Ave., Suite 300
City:Durham State:NC Zip:27713
Phone: (904 ) 705-5111 Fax: ( )
Email:[e-mail]
4. Local jurisdiction for building permits: Hoke County
Point of Contact: Phone #: (910 ) 875-8407

Form SWU-101 Version Oct. 31, 2013 Page 3 of 7
IV. PROJECT INFORMATION
1. In the space provided below, briefly summarize how the stormwater runoff will be treated.
In addition to meeting the post development hydrologic criteria set out in Chapter 2 of the North Carolina
Low Impact Development Guidebook dated June 2009, the pre-construction drainage patterns will be
maintained and land disturbance will be minimized to the best extent possible. Compacting beneath arrays
and other pervious areas will be minimized. Permanent seeding will be implemented as specified on the
plans. Vertical clearance of the panels will be limited to less than 10 feet. Herbicides and fertilizers will be
used minimally to limit vegitation where necessary.

2. a. If claiming vested rights, identify the supporting documents provided and the date they were approved:
Approval of a Site Specific Development Plan or PUD Approval Date:
Valid Building Permit Issued Date:
Other: Date:
b. If claiming vested rights, identify the regulation(s) the project has been designed in accordance with:
Coastal SW – 1995 Ph II – Post Construction
3. Stormwater runoff from this project drains to the Lumber River basin.
4. Total Property Area: TBD/27 LOD acres 5. Total Coastal Wetlands Area: 0 acres
6. Total Surface Water Area: 0 acres
7. Total Property Area (4) – Total Coastal Wetlands Area (5) – Total Surface Water Area (6) = Total Project
Area+: 27 acres
+ Total project area shall be calculated to exclude the following: the normal pool of impounded structures, the area
between the banks of streams and rivers, the area below the Normal High Water (NHW) line or Mean High Water
(MHW) line, and coastal wetlands landward from the NHW (or MHW) line. The resultant project area is used to
calculate overall percent built upon area (BUA). Non-coastal wetlands landward of the NHW (or MHW) line may
be included in the total project area.
8. Project percent of impervious area: (Total Impervious Area / Total Project Area) X 100 = (TBD/27)x100= TBD%
9. How many drainage areas does the project have?1 (For high density, count 1 for each proposed engineered
stormwater BMP. For low density and other projects, use 1 for the whole property area)
10. Complete the following information for each drainage area identified in Project Information item 9. If there
are more than four drainage areas in the project, attach an additional sheet with the information for each area
provided in the same format as below.
Form SWU-101 Version Oct. 31, 2013 Page 4 of 7
Basin Information Drainage Area
1
Drainage Area Drainage Area Drainage Area
Receiving Stream Name Toneys Creek

Stream Class * C; SW

Stream Index Number * 14-10-1.2
Total Drainage Area (sf) TBD
On-site Drainage Area (sf) TBD
Off-site Drainage Area (sf) 0
Proposed Impervious Area** (sf) TBD
% Impervious Area** (total) TBD

Impervious** Surface Area Drainage Area 1 Drainage Area Drainage Area Drainage Area
On-site Buildings/Lots (sf)
On-site Streets (sf) TBD
On-site Parking (sf)
On-site Sidewalks (sf)
Other on-site (sf)
Future (sf)
Off-site (sf)
Existing BUA*** (sf) 0
Total (sf): TBD
* Stream Class and Index Number can be determined at: http://portal.ncdenr.org/web/wq/ps/csu/classifications
** Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas, sidewalks, gravel areas, etc.
*** Report only that amount of existing BUA that will remain after development. Do not report any existing BUA that
is to be removed and which will be replaced by new BUA.
11. How was the off-site impervious area listed above determined? Provide documentation.

Projects in Union County: Contact DEMLR Central Office staff to check if the project is located within a Threatened &
Endangered Species watershed that may be subject to more stringent stormwater requirements as per 15A NCAC 02B .0600.

V. SUPPLEMENT AND O&M FORMS
The applicable state stormwater management permit supplement and operation and maintenance (O&M) forms
must be submitted for each BMP specified for this project. The latest versions of the forms can be downloaded
from http://portal.ncdenr.org/web/wq/ws/su/bmp-manual.

VI. SUBMITTAL REQUIREMENTS
Only complete application packages will be accepted and reviewed by the Division of Energy, Mineral and
Land Resources (DEMLR). A complete package includes all of the items listed below. A detailed application
instruction sheet and BMP checklists are available from
http://portal.ncdenr.org/web/wq/ws/su/statesw/forms_docs. The complete application package should be
submitted to the appropriate DEMLR Office. (The appropriate office may be found by locating project on the
interactive online map at http://portal.ncdenr.org/web/wq/ws/su/maps.)

Please indicate that the following required information have been provided by initialing in the space provided
for each item. All original documents MUST be signed and initialed in blue ink. Download the latest versions
for each submitted application package from http://portal.ncdenr.org/web/wq/ws/su/statesw/forms_docs.
Initials
1. Original and one copy of the Stormwater Management Permit Application Form.
2. Original and one copy of the signed and notarized Deed Restrictions & Protective Covenants
Form. (if required as per Part VII below)
3. Original of the applicable Supplement Form(s) (sealed, signed and dated) and O&M
agreement(s) for each BMP.
Form SWU-101 Version Oct. 31, 2013 Page 5 of 7
4. Permit application processing fee of $505 payable to NCDENR. (For an Express review, refer to
http://www.envhelp.org/pages/onestopexpress.html for information on the Express program
and the associated fees. Contact the appropriate regional office Express Permit Coordinator for
additional information and to schedule the required application meeting.)
5. A detailed narrative (one to two pages) describing the stormwater treatment/management for
the project. This is required in addition to the brief summary provided in the Project
Information, item 1.
6. A USGS map identifying the site location. If the receiving stream is reported as class SA or the
receiving stream drains to class SA waters within ½ mile of the site boundary, include the ½
mile radius on the map.
7. Sealed, signed and dated calculations (one copy).
8. Two sets of plans folded to 8.5” x 14” (sealed, signed, & dated), including:
a. Development/Project name.
b. Engineer and firm.
c. Location map with named streets and NCSR numbers.
d. Legend.
e. North arrow.
f. Scale.
g. Revision number and dates.
h. Identify all surface waters on the plans by delineating the normal pool elevation of
impounded structures, the banks of streams and rivers, the MHW or NHW line of tidal
waters, and any coastal wetlands landward of the MHW or NHW lines.
• Delineate the vegetated buffer landward from the normal pool elevation of impounded
structures, the banks of streams or rivers, and the MHW (or NHW) of tidal waters.
i. Dimensioned property/project boundary with bearings & distances.
j. Site Layout with all BUA identified and dimensioned.
k. Existing contours, proposed contours, spot elevations, finished floor elevations.
l. Details of roads, drainage features, collection systems, and stormwater control measures.
m. Wetlands delineated, or a note on the plans that none exist. (Must be delineated by a
qualified person. Provide documentation of qualifications and identify the person who
made the determination on the plans.
n. Existing drainage (including off-site), drainage easements, pipe sizes, runoff calculations.
o. Drainage areas delineated (included in the main set of plans, not as a separate document).
p. Vegetated buffers (where required).
9. Copy of any applicable soils report with the associated SHWT elevations (Please identify
elevations in addition to depths) as well as a map of the boring locations with the existing
elevations and boring logs. Include an 8.5”x11” copy of the NRCS County Soils map with the
project area clearly delineated. For projects with infiltration BMPs, the report should also
include the soil type, expected infiltration rate, and the method of determining the infiltration rate.
(Infiltration Devices submitted to WiRO: Schedule a site visit for DEMLR to verify the SHWT prior
to submittal, [phone].)
10. A copy of the most current property deed. Deed book: 332 Page No: 504
11. For corporations and limited liability corporations (LLC): Provide documentation from the NC
Secretary of State or other official documentation, which supports the titles and positions held
by the persons listed in Contact Information, item 1a, 2a, and/or 3a per 15A NCAC 2H.1003(e).
The corporation or LLC must be listed as an active corporation in good standing with the NC
Secretary of State, otherwise the application will be returned.
http://www.secretary.state.nc.us/Corporations/CSearch.aspx

Form SWU-101 Version Oct. 31, 2013 Page 6 of 7
VII. DEED RESTRICTIONS AND PROTECTIVE COVENANTS
For all subdivisions, outparcels, and future development, the appropriate property restrictions and protective
covenants are required to be recorded prior to the sale of any lot. If lot sizes vary significantly or the proposed
BUA allocations vary, a table listing each lot number, lot size, and the allowable buil t-upon area must be provided
as an attachment to the completed and notarized deed restriction form. The appropriate deed restrictions and
protective covenants forms can be downloaded from http://portal.ncdenr.org/web/lr/state-stormwater-
forms_docs. Download the latest versions for each submittal.
In the instances where the applicant is different than the property owner, it is the responsibility of the property
owner to sign the deed restrictions and protective covenants form while the applicant is responsible for ensuring
that the deed restrictions are recorded.
By the notarized signature(s) below, the permit holder(s) certify that the recorded property restrictions and
protective covenants for this project, if required, shall include all the items required in the permit and listed
on the forms available on the website, that the covenants will be binding on all partie s and persons claiming
under them, that they will run with the land, that the required covenants cannot be changed or deleted
without concurrence from the NC DEMLR, and that they will be recorded prior to the sale of any lot.

VIII. CONSULTANT INFORMATION AND AUTHORIZATION
Applicant: Complete this section if you wish to designate authority to another individual and/or firm (such as a
consulting engineer and/or firm) so that they may provide information on your behalf for this project (such as
addressing requests for additional information).
Consulting Engineer:Keith Billy, P.E.
Consulting Firm: Cypress Creek EPC, LLC
Mailing Address:5310 South Alston Ave., Suite 300
City:Durham State:NC Zip:27713
Phone: (919 ) 370-1938 Fax: ( )
Email:[e-mail]

IX. PROPERTY OWNER AUTHORIZATION (if Contact Information, item 2 has been filled out, complete this
section)
I, (print or type name of person listed in Contact Information, item 2a) Jane Hedgpeth , certify that I
own the property identified in this permit application, and thus give permission to (print or type name of person
listed in Contact Information, item 1a) Kirk Kieffer, Authorized Person with (print or
type name of organization listed in Contact Information, item 1a) Cypress Creek Holdings, LLC to develop the
project as currently proposed. A copy of the lease agreement or pending property sales contract has been
provided with the submittal, which indicates the party responsible for the operation and maintenance of the
stormwater system.
Form SWU-101 Version Oct. 31, 2013 Page 7 of 7
As the legal property owner I acknowledge, understand, and agree by my signature below, that if my designated
agent (entity listed in Contact Information, item 1) dissolves their company and/or cancels or defaults on their
lease agreement, or pending sale, responsibility for compliance with the DEMLR Stormwater permit reverts back
to me, the property owner. As the property owner, it is my responsibility to notify DEMLR immediately and
submit a completed Name/Ownership Change Form within 30 days; otherwise I will be operating a stormwater
treatment facility without a valid permit. I understand that the operation of a stormwater treatment facility
without a valid permit is a violation of NC General Statue 143 -215.1 and may result in appropriate enforcement
action including the assessment of civil penalties of up to $25,000 per day, pursuant to NCGS 143 -215.6.

Signature: Date:

I, _____________________________________, a Notary Public for the State of ____________________, County of
____________________, do hereby certify that ______________________________________ personally appeared
before me this day of _________________, _______, and acknowledge the due execution of the application for
a stormwater permit. Witness my hand and official seal, _________________________________________________

SEAL

My commission expires

X. APPLICANT'S CERTIFICATION
I, (print or type name of person listed in Contact Information, item 1a) Cypress Creek Holdings, LLC (Kirk Kieffer,
Authorized Person) ,
certify that the information included on this permit application form is, to the best of my knowledge, correct and
that the project will be constructed in conformance with the approved plans, that the required deed restrictions
and protective covenants will be recorded, and that the proposed project complies with the requirements of the
applicable stormwater rules under 15A NCAC 2H .1000 and any other applicable state stormwater requirements.

Signature: Date:

I, _____________________________________, a Notary Public for the State of ____________________, County of
____________________, do hereby certify that ______________________________________ personally appeared
before me this day of _________________, _______, and acknowledge the due execution of the application for
a stormwater permit. Witness my hand and official seal, _________________________________________________

SEAL

My commission expires

Local/County/State Permitting Authority

RE: Shelter Solar, LLC
PIN 6942-4050-1026
2307 Turnpike Road
Raeford, Hoke County, NC 28376

To Whom It May Concern,

As a current land owner(s) of record for the above referenced project, I authorize Cypress Creek EPC, LLC, a subsidiary of
Cypress Creek Holdings, LLC, to submit the required application(s) and supporting documentation for, but not limited to
soil erosion and sediment control, stormwater, driveway access, encroachment, building, and electrical permits. This
includes authorization to conduct the necessary site work and any additional activity, including all land disturbing
activities, on this property to enable the approval, construction, and continued operation of the solar farm project.

Sincerely,

__________________________________________ _______________________
Signature Date

__________________________________________
Print Name

__________________________________________________________________________________________________
Mailing Address Town/City State Zip

----------------------------------------------------------------------------------------------------------------------------------------------------------------

This the _______ day of ______________ , 20____

_______ _____
Property Owner/Agent

_________________ COUNTY, __________________________

Signed and sworn to or affirmed before me this day by ____________________________________________

Date: __________________ , 20____ _____________________________________________________
[Notary's signature as name appears on seal]

_______________________________________ , Notary Public
[Notary's printed name as name appears on seal]

My commission expires: ______________________ , 20_____

[Affix Official Seal in Space Above]
Surface Type Runoff Infiltration Evapotranspiration
Undisturbed Woods 5% 45%50%
Undisturbed Meadow 7% 45%48%
Disturbed Trees 10% 40%50%
Disturbed Lawn 15% 40%45%
Lawn-Ameded Soil 7% 45%48%
Open Water / BMP 100% 0%0%
Impermeable Surface 85% 5%10%
Land Use
ft2 Surface Type Runoff Infiltration Evapotranspiration
Pasture 1,254,528 97.3%Undisturbed Woods 4.9% 43.8% 48.6%
Woods 34,848 2.7%Undisturbed Woods 0.3% 1.1% 1.4%
Total 1,289,376 100.0%5.1%44.9%50.0%
Land Use
ft2 Surface Type Runoff Infiltration Evapotranspiration
Woods 0 0.0%Undisturbed Woods 0.0% 0.0% 0.0%
Open/Landscaped 1,247,558 96.8%Disturbed Lawns 14.5% 38.7% 43.5%
Concrete Pads, Posts, and Gravel 41,818 3.2%Impermeable Surface 2.8% 0.2% 0.3%
Total 1,289,376 100.0%17.3%38.9%43.9%
General1
Triassic
Basin /
Mountains
Sandhills / Barrier
Islands
Greenfield-Residential2 5% 10%3%
Greenfield-Commercial3 15% 20%15%
Grayfield-Residential2 10% 15%10%
Grayfield-Commercial3 20% 25%20%
1 Includes Piedmont
2 40% impervious or less
3 90% impervious or more
Coverage Hydrologic Fate Determination
Table 2-6. Allowable Tolerance of Hydrologic Fates (From Low Impact
Development: A Guidebook for North Carolina-2009, Chapter 2: Achieving
LID Performance Goals Using a Hydrologic Cycle Approach)
The above referenced tables and calculations have been provided to comply with the low density requirements ( < 6 percent built-upon area) and
also by meeting the post development hydrologic criteria set out in Chapter 2 of the North Carolina Low Impact Development Guidebook dated June
2009. This document allows for a target hydrology for the site of 5 percent runoff, 45 percent for infiltration, and 50 percent evapotranspiration.
Table 2-6, Allowable tolerance of hydrologic fates in Chapter 2: Achieving LID Performance Goals Using a Hydrologic Cycle Approach of the Low
Impact Development: A Guidebook for North Carolina-2009 allows for a 15% tolerance for a Greenfield-Commercial development in the Piedmont
Region, which would allow up to 20 percent runoff. As shown in the Post-Development Table, the hydrologic fate falls within the allowable tolerance
for a Greenfield-Commercial project within the Piedmont Region.
LOW IMPACT DEVELOPMENT CALCULATIONS (SHELTER SOLAR)
Table 2-4. Annual surface runoff, infiltration, and evapotranspiration
percentages for different land surface types (From Low Impact
Development: A Guidebook for North Carolina-2009, Chapter 2: Achieving
LID Performance Goals Using a Hydrologic Cycle Approach)
Pre-Development
Coverage Hydrologic Fate Determination
Post-Development
Page 1 of 2
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2016-01146 County: Hoke U.S.G.S. Quad: NC-WAGRAM
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner: George Hedgpeth

Address: 2307 Turnpike Road
Raeford, North Carolina 28376
Telephone Number: 910.875.3584
Size (acres) 38 Nearest Town Raeford
Nearest Waterway Toneys Creek River Basin Lumber
USGS HUC 03040203 Coordinates Latitude: 34.98201
Longitude: -79.2648
Location description:The site is located west of Raeford at 2597 Turnpike Road in Hoke County, NC. The project area
is primarily agriculture with a small forested wetland along the middle of the southern property boundary and an even
smaller wetland near an offsite borrow pit. A non-jurisdictional ditch traverses the site north to south and provides for
hydrologic connectivity to offsite jurisdictional waters.
Indicate Which of the Following Apply:
A. Preliminary Determination
X Based on preliminary information, there may be wetlands on the above described project area. This preliminary
determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33
CFR Part 331). 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.
B. Approved Determination
There are Navigable Waters of the United States within the above described project area subject to the permit requirements
of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law
or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of
this notification.
There are 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 strongly suggest you have the waters of the U.S. including wetlands on your project area delineated. Due to the
size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a
timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any
delineation must be verified by the Corps.
The waters of the U.S. including wetlands on your project area have been delineated and the delineation has been
verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be
reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to
CWA 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
(CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at [phone] to
determine their requirements.
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact Emily Greer at 910-251-4567 or
[e-mail].
C.Basis For Determination: This site exhibits wetland criteria as described in the 1987 Corps Wetland
Delineation Manual and the Atlantic and Gulf Coastal Plain Regional Supplement to the 1987 Wetland
Delineation Manual and is hydrologically connected to the Lumber River, a Section 10 water.
D. Remarks:This determination was based on information provided by Brad Luckey, PEI, and a desktop review by
Emily Greer.
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 10M15
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 NA.
**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:6 June 2016 Expiration Date: NA
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://regulatory.usacesurvey.com/.
GREER.EMILY.C.1385325
300
Digitally signed by GREER.EMILY.C.1385325300
DN: c=US, o=U.S. Government, ou=DoD, ou=PKI,
ou=USA, cn=GREER.EMILY.C.1385325300
Date: 2016.06.06 16:12:23 -04'00'
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: George Hedgpeth

File Number: SAW-2016-01146 Date:6 June 2016
Attached is: Wetland Map by PEI 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.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx or
Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
x 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.
x 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
x 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.
x 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.
x 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.
x 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.
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
appeal process you may contact:
District Engineer, Wilmington Regulatory Division,
Attn: Emily Greer
69 Darlington Ave
Wilmington, NC 28403
If you only have questions regarding the appeal process you may
also contact:
Mr. Jason Steele, Administrative Appeal Review Officer
CESAD-PDO
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 10M15
Atlanta, Georgia 30303-8801
Phone: [phone]
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.
________________________________________
Signature of appellant or agent.
Date: Telephone number:
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division,Emily Greer,
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 10M15, Atlanta, Georgia 30303-8801
Phone: [phone]
1
PRELIMINARY JURISDICTIONAL DETERMINATION FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL
DETERMINATION (JD): 6 June 2016
B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD:
Brad Luckey, PO Box 128, Kernersville, NC 27285
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington, Hedgpeth,
Georger / Shelter Solar / JD, SAW-2016-01146
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The site is
located west of Raeford at 2597 Turnpike Road in Hoke County, NC. The project area is
primarily agriculture with a small forested wetland along the middle of the southern
property boundary and an even smaller wetland near an offsite borrow pit. A non-
jurisdictional ditch traverses the site north to south and provides for hydrologic
connectivity to offsite jurisdictional waters.
(USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT
DIFFERENT SITES)
State: NC County/parish/borough: City: Raeford
Center coordinates of site (lat/long in degree decimal format): Lat. 34.98201° N,
Long. --79.26480° W.
Universal Transverse Mercator: 
Name of nearest waterbody: Toneys Creek
Identify (estimate) amount of waters in the review area:
Non-wetland waters: linear feet: width (ft) and/or  acres.
Cowardin Class:
Stream Flow:
Wetlands: 1.6 acres.
Cowardin Class: PFO
Name of any water bodies on the site that have been identified as Section 10
waters:
Tidal: 
Non-Tidal:
2
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
Office (Desk) Determination. Date: 6 June 2016
Field Determination. Date(s):
1. The Corps of Engineers believes that there may be jurisdictional waters of the United
States on the subject site, and the permit applicant or other affected party who
requested this preliminary JD is hereby advised of his or her option to request and
obtain an approved jurisdictional determination (JD) for that site. Nevertheless, the
permit applicant or other person who requested this preliminary JD has declined to
exercise the option to obtain an approved JD in this instance and at this time.
2. In any circumstance where a permit applicant obtains an individual permit, or a
Nationwide General Permit (NWP) or other general permit verification requiring “pre-
construction notification” (PCN), or requests verification for a non-reporting NWP or
other general permit, and the permit applicant has not requested an approved JD for the
activity, the permit applicant is hereby made aware of the following: (1) the permit
applicant has elected to seek a permit authorization based on a preliminary JD, which
does not make an official determination of jurisdictional waters; (2) that the applicant
has the option to request an approved JD before accepting the terms and conditions of
the permit authorization, and that basing a permit authorization on an approved JD
could possibly result in less compensatory mitigation being required or different special
conditions; (3) that the applicant has the right to request an individual permit rather than
accepting the terms and conditions of the NWP or other general permit authorization;
(4) that the applicant can accept a permit authorization and thereby agree to comply
with all the terms and conditions of that permit, including whatever mitigation
requirements the Corps has determined to be necessary; (5) that undertaking any
activity in reliance upon the subject permit authorization without requesting an approved
JD constitutes the applicant’s acceptance of the use of the preliminary JD, but that
either form of JD will be processed as soon as is practicable; (6) accepting a permit
authorization (e.g., signing a proffered individual permit) or undertaking any activity in
reliance on any form of Corps permit authorization based on a preliminary JD
constitutes agreement that all wetlands and other water bodies on the site affected in
any way by that activity are jurisdictional waters of the United States, and precludes any
challenge to such jurisdiction in any administrative or judicial compliance or
enforcement action, or in any administrative appeal or in any Federal court; and (7)
whether the applicant elects to use either an approved JD or a preliminary JD, that JD
will be processed as soon as is practicable. Further, an approved JD, a proffered
individual permit (and all terms and conditions contained therein), or individual permit
denial can be administratively appealed pursuant to 33 C.F.R. Part 331, and that in any
administrative appeal, jurisdictional issues can be raised (see 33 C.F.R. 331.5(a)(2)). If,
during that administrative appeal, it becomes necessary to make an official
determination whether CWA jurisdiction exists over a site, or to provide an official
delineation of jurisdictional waters on the site, the Corps will provide an approved JD to
accomplish that result, as soon as is practicable.
3
This preliminary JD finds that there “may be” waters of the United States on the subject
project site, and identifies all aquatic features on the site that could be affected by the
proposed activity, based on the following information:
SUPPORTING DATA. Data reviewed for preliminary JD (check all that apply -
checked items should be included in case file and, where checked and requested,
appropriately reference sources below):
Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant:.
Data sheets prepared/submitted by or on behalf of the applicant/consultant.
Office concurs with data sheets/delineation report.
Office does not concur with data sheets/delineation report.
Data sheets prepared by the Corps:.
Corps navigable waters’ study:.
U.S. Geological Survey Hydrologic Atlas:.
USGS NHD data.
USGS 8 and 12 digit HUC maps.
U.S. Geological Survey map(s). Cite scale & quad name: Wagram, NC Quad.
1”=2,000’
USDA Natural Resources Conservation Service Soil Survey. Citation: USDA
Web Soil Survey & USDA Soil Survey of Hoke County, Published 1994, Sheet No. 4.
National wetlands inventory map(s). Cite name: USFWS Wetland Mapper
State/Local wetland inventory map(s):.
FEMA/FIRM maps:.
100-year Floodplain Elevation is:(National Geodectic Vertical Datum of
1929)
Photographs: Aerial (Name & Date): Google Earth, 2015.
or Other (Name & Date):
Previous determination(s). File no. and date of response letter:.
Other information (please specify):.
IMPORTANT NOTE: The information recorded on this form has not necessarily
been verified by the Corps and should not be relied upon for later jurisdictional
determinations.
_________________________ __________________________
Signature and date of Signature and date of
Regulatory Project Manager person requesting preliminary JD
(REQUIRED) (REQUIRED, unless obtaining the
signature is impracticable)
GREER.EMILY.C.138
5325300
Digitally signed by GREER.EMILY.C.1385325300
DN: c=US, o=U.S. Government, ou=DoD, ou=PKI,
ou=USA, cn=GREER.EMILY.C.1385325300
Date: 2016.06.06 16:14:14 -04'00'
4
Site
number Latitude Longitude Cowardin
Class
Estimated
amount of
aquatic
resource in
review area
Class of
aquatic
resource
1 – WA
1-10
34.98058 -79.26741 PFO 1.5ac Wetlands
2 – WA
11-15
34.98789 -79.26445 PFO 0.10ac Wetlands
LEGEND
Site Boundary
Wetlands
Flag Number
Data Point
Drawing 3
2014 Aerial Photograph
Google Earth and
PEI Field Notes
Scale: 1” = 400’
Wetland Map
Shelter Solar Farm
Approximate 38 Acre Tract
Raeford, North Carolina
PEI No. 1613
SA 1-5
DP-1
THE LOCATIONS OF FEATURES SHOWN ON THIS MAP ARE APPROXIMATE. THEY HAVE NOT BEEN VERIFIED BY THE USACE AND/OR
THE NCDEQ-DWR. THEY HAVE NOT BEEN SURVEYED OR GEOLOCATED
WA 11-15
WA 1-10
DP-1
DP-2
Non-Jurisdictional
Hydrologic Connection
FLAG NUMBERS/INFO
WETLAND FLAGS =
STREAM FLAGS =
Stream Flags = 0
Wetland Flags = 15
Total Flags = 15