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HomeMy WebLinkAbout20190460 Ver 2_PCN Form Submission_20191008DR 02*10n of Water R"Ourc" Pre -Construction Notification (PCN) Form September 29, 2018 Ver 3 Initial Review Has this project met the requirements for acceptance into the review process?* r Yes r No Is this project a public transportation project?* r Yes r No Change only if needed. BIMS # Assigned * Version#* 20190460 2 Is a payment required for this project?* * No payment required What amout is owed?* * Fee received r $240.00 r Fee needed - send electronic notification r $570.00 Reviewing Office* Select Project Reviewer* Mooresville Regional Office - (704) 663-1699 Alan Johnson:eads\adjohnsonl Information for Initial Review 1a. Name of project: Stanly Solar Development 1a. Who is the Primary Contact?* Lisa Federico 1b. Primary Contact Email:* lisa.federico@narenco.com Date Submitted 10/8/2019 Nearest Body of Water Long Creek Basin Yadkin-PeeDee Water Classification Class C Site Coordinates Latitude: 35.28975 A. Processing Information County (or Counties) where the project is located: Stanly Is this project a public transportation project?* r Yes r No Longitude: -80.23723 1a. Type(s) of approval sought from the Corps: V Section 404 Permit (wetlands, streams and waters, Clean Water Act) F Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) 1 b. What type(s) of permit(s) do you wish to seek authorization? P Nationwide Permit (NWP) F- Regional General Permit (RGP) r- Standard (IP) 1c. Primary Contact Phone:* (704)577-7432 1c. Has the NWP or GP number been verified by the Corps? r Yes r No Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: rJ 401 Water Quality Certification - Regular F Non -404 Jurisdictional General Permit F Individual Permit 14 - Linear transportation 1e. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: F 401 Water Quality Certification - E)press r Riparian Buffer Authorization 1f. Is this an after -the -fact permit application?* r- Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r- Yes r- No Acceptance Letter Attachment 1h. Is the project located in any of NC's twenty coastal counties? r Yes r No 1j. Is the project located in a designated trout watershed? r- Yes r No B. Applicant Information 1d. Who is applying for the permit? F- Owner FT Applicant (other than owner) 1e. Is there an Agent/Consultant for this project? r Yes r No 2. Owner Information 2a. Name(s) on recorded deed: Carter Ronald L et al 2b. Deed book and page no.: 765,849 2c. Responsible party: Stanly Solar, LLC (lessee); Dennis Richter 2d. Address Street Address 227 Southside Drive, Suite B Address Line 2 aY Charlotte Postal / Zip Code 28217 2e. Telephone Number: (704)651-1768 29. Email Address:* dennis@solterrapartners.com 3. Applicant Information (if different from owner) 3a. Name: Llsa Federico State / Rmince / Pagion NC Country USA 2f. Fax Number: r Yes r No ryes r No 3b. Business Name: Stanly Solar, LLC 3c. Address Street Address 227 Southside Drive, Suite B Address Line 2 Cfty Charlotte Pbstd / Zip Code 28217 3d. Telephone Number: (704)577-7432 3f. Email Address:* lisa.federico@narenco.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (ff apprqmte) 1c. Nearest municipality/ town: Albemarle 2. Project Identification Slate / Province / Fbgicn NC Country USA 3e. Fax Number: 2a. Property Identification Number: 653603004989,653603139359, 653603046441, 653603247805, 2b. Property size: 653603247435,653601263076 156.1 2c. Project Address Street Address Old Aquadale Road (6 parcels) Address Line 2 aty State / Province / mien Fbstd / Zip Code Country 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Long Creek 3b. Water Resources Classification of nearest receiving water:* Class C 3c. What river basin(s) is your project located in?* Yadkin-PeeDee 3d. Please provide the 12 -digit HUC in which the project is located. 030401050406 4. Project Description and History 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:* The Project site is dominated by pine plantation (land cover categories 48, orchards and tree farms or 322, young pine plantations) and is surrounded primarily by row -cropping (category 2, cultivated land) and low density residential developments (land use category 1.01.01, very low-density detached dwellings). A cleared transmission line easement crosses the site from northwest to southeast (category 31, managed herbaceous cover). 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* R Yes r No r Unknown 4c. If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW -0000-00000). DWR# 19-0460 401 Water Quality Certification JD application SAW -2019-00489 (pending) Project History Upload Stanly Solar 401 Auth 19-0460.pdf 931.34KB 4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) Attachment A-2_USGS Map.pdf 795.94KB 4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) StanlySolar_Soils (002).pdf 2.97MB 4f. List the total estimated acreage of all existing wetlands on the property: 0.612 4g. List the total estimated linear feet of all existing streams on the property: 12,197 4h. Explain the purpose of the proposed project:* The purpose of the Project is to construct gravel access roads for a solar development. The only impacts to surface waters are for the access roads. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: Project work will involve the installation of three (3) permanent crossings in Streams 7, 10, and 11 for 20 -foot gravel access roads. Culverts will be designed and installed to allowfor aquatic life movement during lowflows, and per Regional General Condition 3.6 Requirements for Culvert Placement and Water Quality General Certification No. 4135, General Condition 11. Each stream crossing will require 30 linear feet of permanent impacts for culvert and road installation, and 15 linear feet of temporary impacts. The Project will result in cumulative 135 linear feet of stream impacts (0.005 acre), of which 90 linear feet are permanent (0.003 acre). The 45 linear feet of temporary impacts will be restored to pre -construction grade, contours, and condition following all permit conditions and Best Management Practices. Work will be performed using standard equipment, methodologies, and Best Management Practices. The proposed access roads will be composed of gravel to allow infiltration and minimize environmental impact. 4j. Please upload project drawings for the proposed project. Stanly_Site Plan 20190604.pdf 1.09MB Attachment C_Impact Maps.pdf 1.31MB 5. Jurisdictional Determinations Sa. Have the wetlands or streams been delineated on the property or proposed impact areas?* C Yes r No r Unknown Comments: JD is pending; site visit has been completed by David Leigh 5b. If the Corps made a jurisdictional determination, what type of determination was made? r Preliminary r Approved r Not Verified r Unknown r WA Corps AID Number: SAW -2019-00489 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Ben Schuplin, PWS Agency/Consultant Company: ECT Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR JD site visit 5/17/2019 with David Leigh (USACE) and Ben Schuplin (ECT). The completed JD is pending. 5d1. Jurisdictional determination upload 6. Future Project Plans 6a. Is this a phased project?* r Yes r No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed projector related activity? D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): F Wetlands R Streams -tributaries r Buffers F_ Open Waters r Pond Construction 3. Stream Impacts 31. Total jurisdictional ditch impact in square feet: 31. Total permanent stream impacts: 90 31. Total stream and ditch impacts: 135 3j. Comments: 31. Total temporary stream impacts: 45 Of the 12,197 linear feet of streams on-site, 12,062 linear feet (99%) will be avoided. Permanent impacts are limited to 90 linear feet (0.7%). Note that the total stream length and wetland quantity vary between the DWR permit and this application, due to adjustments that were made during the JD site visit. E. Impact Justification and Mitigation - 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The proposed Project has been designed to avoid all impacts to on-site wetlands. Stream impacts have been limited to three (3) access road crossings totaling 135 linear feet of impacts. Of the 12,197 linear feet of delineated stream on-site, 12,062 linear feet (99%) are avoided. No single stream is crossed at more than one (1) location. The access road crossings are perpendicular to the stream channels to the maximum extent practicable. Permanent impacts are further limited to 30 linear feet at each crossing, the minimum necessary to support the 20 -foot access roads for long-term facility maintenance. The remaining 15 linear feet of temporary impacts at each crossing will be restored upon completion of construction activities. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Best Management Practices will be implemented throughout construction to minimize impacts to downstream waters. Streambeds will be restored to pre -project elevations and widths using natural streambed material such that the impacted stream reaches mimic the adjacent upstream and downstream reaches, and stream banks will be restored to pre -project grade and contours. Impacted streambeds will be backfilled with natural streambed material to a depth of at least 12 inches or to the bottom depth of the impacted areas if shallower than 12 inches. Natural durable materials, native seed mixes, and native plants and shrubs will be utilized in stream bank restoration to the extent practicable. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? (- Yes r No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: Permanent loss of WOTUS is limited to 0.003 acre needed for three road crossings, well below 0.1 acre. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? r Yes r No If no, explain why: The Project is not located within a watershed subject to to the Riparian Buffer Protection Programs. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? r Yes r No 3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact* 3d. S. name* 3e. Stream Type * 3f. Type of 3g. S. width * 3h. Impact ❑ ?) Jurisdiction* length* S1 Road crossing 9Average Permanent Culvert Stream 7 Intermittent Corps 2 30 (feet) (linearfeet) gp Road crossing Temporary Culvert Stream 7 Intermittent Corps 2 15 Average (feet) (lir�earfeet) S3 Road crossing 9Average Permanent Culvert Stream 10 Perennial Corps 2 30 (feet) (linearfeet) S4 Road crossingTem orar p Y Culvert Stream 10 Perennial Corps2 15 Average (feet) (linearfeef) S5 Road crossing 9Average Permanent Culvert Stream 11 Intermittent Corps 1 30 (feet) (linearfeet) E Road crossing Temporary Culvert Stream 11 Intermittent Corps 1 15 Average (feet) (linearfcet) 31. Total jurisdictional ditch impact in square feet: 31. Total permanent stream impacts: 90 31. Total stream and ditch impacts: 135 3j. Comments: 31. Total temporary stream impacts: 45 Of the 12,197 linear feet of streams on-site, 12,062 linear feet (99%) will be avoided. Permanent impacts are limited to 90 linear feet (0.7%). Note that the total stream length and wetland quantity vary between the DWR permit and this application, due to adjustments that were made during the JD site visit. E. Impact Justification and Mitigation - 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The proposed Project has been designed to avoid all impacts to on-site wetlands. Stream impacts have been limited to three (3) access road crossings totaling 135 linear feet of impacts. Of the 12,197 linear feet of delineated stream on-site, 12,062 linear feet (99%) are avoided. No single stream is crossed at more than one (1) location. The access road crossings are perpendicular to the stream channels to the maximum extent practicable. Permanent impacts are further limited to 30 linear feet at each crossing, the minimum necessary to support the 20 -foot access roads for long-term facility maintenance. The remaining 15 linear feet of temporary impacts at each crossing will be restored upon completion of construction activities. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Best Management Practices will be implemented throughout construction to minimize impacts to downstream waters. Streambeds will be restored to pre -project elevations and widths using natural streambed material such that the impacted stream reaches mimic the adjacent upstream and downstream reaches, and stream banks will be restored to pre -project grade and contours. Impacted streambeds will be backfilled with natural streambed material to a depth of at least 12 inches or to the bottom depth of the impacted areas if shallower than 12 inches. Natural durable materials, native seed mixes, and native plants and shrubs will be utilized in stream bank restoration to the extent practicable. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? (- Yes r No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: Permanent loss of WOTUS is limited to 0.003 acre needed for three road crossings, well below 0.1 acre. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? r Yes r No If no, explain why: The Project is not located within a watershed subject to to the Riparian Buffer Protection Programs. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? r Yes r No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? r Yes r No Comments: G. Supplementary Information 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* r Yes r No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H.0500), Isolated Wetland Rules (15A NCAC 2H.1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B.0200)?* r Yes r No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* r Yes r No 3b. If you answered "no," provide a short narrative description. The Stanly Solar Development is a stand-alone facility that will not have any subsequent development, nor result in additional neighboring development. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r No C WA 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* r Yes r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* r Yes r No 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. Is another Federal agency involved?* r Yes r No r Unknown 5e. Is this a DOT project located within Division's 1-8? r Yes r No 5f. Will you cut anytrees in order to conduct the work in waters of the U.S.? r Yes r No 5g. Does this project involve bridge maintenance or removal? r Yes r No 5h. Does this project involve the construction/installation of a wind turbine(s)?* r Yes r No 5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? r Yes r No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? US Fish and Wildlife Service (USFWS) Information for Planning and Consultation System (IPaC), NC Natural Heritage Program, and field survey for the Schweinitz�s sunflower. See attached materials documenting field survey and coordination with USFWS and NC Wildlife Resources Commission. Consultation Documentation Upload Attachment D2_USFWS Response.pdf 520.71 KB Attachment D3_NCWRC Response.pdf 36.77KB 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat? r Yes r No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* National Oceanic and Atmospheric Administration online Essential Fish Habitat Mapper and Website 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?* r Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* North Carolina State Historic Preservation Office and Phase I archaeological survey. An historic cemetery not eligible for the National Register of Historic Places but protected under state law is located on the site. This feature will be avoided or protected by fencing per recommendations from the archaeology firm. 7c. Historic or Prehistoric Information Upload Attachment E1_NCDNR Cultural 2017-08.pdf 775.83KB Attachment E2 Archy Report 2018-04.pdf 7.65MB 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain?* r Yes r No 8c. What source(s) did you use to make the floodplain determination?* FEMA Flood Map Service Center Miscellaneous Comments The attached internal memo was used to initially document that the Project could be authorized under a non -notifying NWP 14. However, coordination with USACE for the JD determined that the streams proposed for impacts may have riffle/pool complex and thus require Pre -Construction Notification. Miscellaneous attachments not previously requested. Stanly Solar_NWP Memo 20190410.pdf 3.26MB Signature t^' rd By checking the box and signing below, I certify that: • I have given true, accurate, and complete information on this form; • I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the PCN form. Full Name: Valerie Locker Signature Date 10/8/2019 DocuSign Envelope ID: 4615458E-37C1-4019-8F60-27C4D28F28C4 AGENT AUTHORIZATION FORM PROPERTY LEGAL DESCRIPTION: LOT NO. PLAN NO. STREET ADDRESS: OIC) Aquadale Road Stanly County, NC 653603046441,653603247805, PARCEL ID: 653601263076, 653603247435 Please print: Stanly Solar, LLC (lessee) Property Owner: Property Owner: The undersigned, registered property owners of the above noted property, do hereby authorize Jessica Miller , of Environmental Consulting and Technology, Inc (ECT) (Contractor / Agent) (Name of consulting firm) to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this permit or certification and any and all standard and special conditions attached. Property Owner's Address (if different than property above): 4200 Arbor Way, Charlotte, NC 28211 Telephone: We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. L'DocuSigned by::'I '^ wjus 446'�­I ........ Authorized Signature 3/27/2019 Date: Authorized Signature Date: P:\—cadgis\2018\180477\StanlySolar—Topo.mxd mcruz 11/29/2018 9:34:26 AM 0 0.25 0.5 n N (Miles , ' _ � Albemarle 7 �"/J f r �....,. r_ --- f �. , Township usr >N ` . South Carolina- f FF. orgia ,r 1 IV : _14 r , South.Albemarle ,t t �r� : J #2 Township- , _ I f • +` _ G Pit L , , `% I 'y . r _ - 'tom �`-,,�, � ' � � � y'"' �` --i- Sh.• ���-�,: ;f' � 0. i - I s ir'` � ` •� T V ti rl � _ o�ffff f , _ .a I i , ' 4 , h•I! .8� y4_ Tyson -:-,Towns u 1 ;N , , v 1 _ v j" 11 - Tv .J - � __3 f / 0 Lick #2 - / W n r to evens hip , FIGURE 2: TOPOGRAPHIC MAP CLIENT: LEGEND: Stanly Solar Stanly Solar, LLC ®Project Boundary (336 ac.) (=Townships a >• Environmental Consulting &Techrlalogyof North Carolina, PLLC Stanly County, North Carolina The information contained on this map is proprietary and confidential. ECT, 11/29/2018. Project: 18-0477. Sources: USGS, 2018. The use or disclosure of this information by you to third parties is prohibited bylaw and may give rise to civil or criminal liability. P:\—cadgis\2018\180477\StanlySolar—Topo.mxd mcruz 11/29/2018 9:34:26 AM 0 500 1,000 Feet -1( Symbol Descriptions ��� .•� '�'� �_ BaB Badin channery silt loam, 2to 8 percent slopes , �, "�tl> BaD Badin channery silt loam, 8 t 15 percent slopes GoC Goldston very channery silt loam, Oto 15 percent slopes � 'i• '< w �. GF Goldston very channery silt loam, 15 to 45 percent slopes , BaD • ��'" ��'—'�`�i°" GoC MhB Misenheimer channery silt loam, Oto 4 percent slopes '� ► �� `'� t = < OaA Oakboro silt loam, Oto 2 percent slopes, frequently flooded; ,�'� • W Water rp _ • a'��� BaB .� Gbh • • . +. ' • 1 y OaA BaD y BaD South !. ^� Albemarle ip ��'' .._ ,. GoC Endy ownship GoC _ BaB BaB GoC ~+ - BaD tea[ BaB ` ss MhB l r t. r a w 1 11 , e�-. Tyson s ownship r i FIGURE 5: SOILS MAP Stanly Solar CLIENT: Stanly Solar, LLC LEGEND: =Project Boundary336 ac. Soils —Environmental Consulting C , &Technology of North Carolina, PLLC Stanly County, North Carolina Hydric Soils The information contained on this map is proprietary and confidential. The use or disclosure of this information by you to third parties is ECT, 11/29/2018. Project: 18-0477. Sources: USDA, 2018. prohibited by law and may give rise to civil or criminal liability. P:\_cadgis\2018\180477\StanlySolar_Soils.mxd mcruz 11/29/2018 12:27:39 PM T R_ STREAM CROSSING #1 I _y / � -�111IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII II II II II II II II II II II II II II II II II II II II _ IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIII \ II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II / -- _-- IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIII � ________= IIII II IIII II IIII II IIII II IIII II IIII II 111111 II IIII II IIII II IIII II IIII II 111111 II IIII II IIII II IIII II IIII II 111111 —_ _ = IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII II IIIIIIIIIIIIIIII � �� =_ _ � IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII���!.��������III!p,9IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII __ �—_= IIIIIIIIIIIIIIIIIIIIIII' ..,tlllll'Illllllllllllllllll J (/ � __ wF��I��i;iiill�IILIIIIIIIIIIIIIIIIIIIIII��„Il it itli�i ii,�'"" �� � III II II II II II II II II II II II II II II II II II II II II II II ' � 1 �� -� _ _ -_ IIIIIIIIIIIIIIIIIIIIIIII� / IIIIIIIIIIIiIIIIIIIIIIIIIIIIIIIYt - -' -_- I II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II C�� �`��, = IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 1 - rr�-Yccrrrrrrrr�--c�siiii - • � ' I '� � �� II II II II II II II II II II II II II II II II II II II II II II II II II II II Il 11 llllpllllllllllllllllllllllllllllllplllilli�llllli �'� ''� - - - II' it it it it it it it it it it it it it it it it it it it it it it it it it it 11 11 11 it it it it 11 it it it it it it it it it it it it it it it 11 it it it it it it it 11 _- IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII �,�-� - -- II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II II ' IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII _ I�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII �= I ! , II.IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII �_. 9111111111111111111111111111111111111111111111\ L (N) SUBSTATION I I STREAM CROSSING #2 STREAM CROSSING #3 A u I I POINT OF INTERCONNECTION I • MC ENTRANCE GATE NORTH .._-- STANLY, SOLAR LLC PROJECT NAME STANLY SITE LOCATION LATITUDE, LONGITUDE 35°17'15.16"N, 80°13'52.28'W SITE ADDRESS OR INTERSECTION ST RD 1956./ OLD AQUADALE DR AND ST RD 1957 / TYSON RD PROJECT DETAILS POWER PLANT CAPACITY 73.27 DC MWp TOTAL AC POWER 50 AC MVbp MODU LE MFG&MODEL 72 CELL MODULE POWER 375 WATTS TOTAL MODULE COUNT 198,240M MODULE SYSTEM VOLTAGE 1500V DC MODULES PER STRING 28M RACKING 1 TYPE TRACKING TRACKING MW DC 42.43 MW DC TRACKING DC/AC RATIO 1:41 RACKING 1 INVERTER QTY (12) 2500kW AC RACKING NAME -MODEL 2MODULE PORTRAIT EAST/WEST 1 PITCH 9M /29.53' RACKING 2 TYPE FIXED FIXED MW DC 30.84 MW DC FIXED DC/AC RATIO 1:54 RACKING 2INVERTER QTY (8) 2500kVVAC RACKING 2 NAME- MODEL 2 MODULE PORTRAIT NORTH/SOUTH 2 PITCH 6.14M /20.146' TOTAL QTY OF INVERTERS 20 INVERTER MFG/TYPE TBD TOTAL LEASED ACREAGE 335.17ACRE TOTAL FENCED IN 308.8 ACRE GENERALLEGEND 87 MODULE ROW/TABLE "_> 56 MODULE ROW/TABLE 20'. VNDE INV/COMBINER ACCESS ROAD UTILITY TRANSITION STATION 80' x 80' ■- (2) INVERTER/ TRANSFORMER SKID (TYP) E F REVISION LOG DRAWN BY HEATHER NEWMAN CHECKED BY PLOTSTAMP 6.4.2019-9:23AM-HEATHER NEVWAN REV DATE DESCRIPTION B 06.04.19 PRELIM LAYOUT C 05.14.19 COMPLETED PRELIMINARY SHEET SERIES PRELIMINARY SHEET NAME STANLY SHEET NUMBER 2.6.0 NARENCO .... _ • � � ~ S y National Renewable Energy Corporation 227 - B Southside Dr. Charlotte, NC 28217 Main: 704-930-7700 To ?” Fax: 704-930-7710 www.narenco.com THIS DOCUMENT CONTAINS PROPRIETARY _ INFORMATION OF NATIONAL RENEWABLE ENERGY CORPORATION, AND ITS RECEIPT OR POSSESSIONS DOES NOT CONVEY ANY RIGHTS TO REPRODUCE, DISCLOSE ITS CONTENTS, OR TO MANUFACTURE, USE, OR SELL ANYTHING IT MAY DESCRIBE. CLIENT LOGO/INFORMATION: u I I POINT OF INTERCONNECTION I • MC ENTRANCE GATE NORTH .._-- STANLY, SOLAR LLC PROJECT NAME STANLY SITE LOCATION LATITUDE, LONGITUDE 35°17'15.16"N, 80°13'52.28'W SITE ADDRESS OR INTERSECTION ST RD 1956./ OLD AQUADALE DR AND ST RD 1957 / TYSON RD PROJECT DETAILS POWER PLANT CAPACITY 73.27 DC MWp TOTAL AC POWER 50 AC MVbp MODU LE MFG&MODEL 72 CELL MODULE POWER 375 WATTS TOTAL MODULE COUNT 198,240M MODULE SYSTEM VOLTAGE 1500V DC MODULES PER STRING 28M RACKING 1 TYPE TRACKING TRACKING MW DC 42.43 MW DC TRACKING DC/AC RATIO 1:41 RACKING 1 INVERTER QTY (12) 2500kW AC RACKING NAME -MODEL 2MODULE PORTRAIT EAST/WEST 1 PITCH 9M /29.53' RACKING 2 TYPE FIXED FIXED MW DC 30.84 MW DC FIXED DC/AC RATIO 1:54 RACKING 2INVERTER QTY (8) 2500kVVAC RACKING 2 NAME- MODEL 2 MODULE PORTRAIT NORTH/SOUTH 2 PITCH 6.14M /20.146' TOTAL QTY OF INVERTERS 20 INVERTER MFG/TYPE TBD TOTAL LEASED ACREAGE 335.17ACRE TOTAL FENCED IN 308.8 ACRE GENERALLEGEND 87 MODULE ROW/TABLE "_> 56 MODULE ROW/TABLE 20'. 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REGAN Secretary LINDA CULPEPPER Director Ms. Lisa Federico Stanly Solar, LLC 227 Southside Dr., Ste B Charlotte, NC 28217 NORTH CAROLINA Environmental Quality 4 June 2019 DWR# 19-0460 Stanly County Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions Stanly Solar Project Dear Ms. Federico: You have our approval, in accordance with the General Certification and those conditions listed below, for the purpose proposed in your application dated April 10, 2019 and received by the Division of Water Resources (the Division) on April 12, 2019 and subsequent information on June 4, 2019. After reviewing your application, we have determined that this project is covered by Water Quality General Certification Number 4135 which can be viewed on our web site at https:Hdeg.nc.qov/about/divisions/water-resources/water-resources- Perm its/wastewater-branch/401 -wetlands-buffer-permits/401-401 -isolated-wetlands-waters- program The General Certification allows you to use Nationwide Permit Number 14 once it is issued to you by the U.S. Army Corps of Engineers (COE). Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. The above noted Certification will expire when the associated 404 permit expires unless otherwise specified in the General Certification. It is advised that all conditions of the Certification are reviewed prior to initiation of the project. In addition to the requirements of the Certification, you must also comply with the following conditions: This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us in writing, and you may be required to send us a new application for a new Certification. If total wetland fills for this project (now or in the future) exceed one acre, or of total impacts to streams (now or in the future) exceed 300 linear feet, compensatory mitigation may be required. If the property is sold, the new owner must be given a copy of the Certification and approval letter; and is thereby responsible for complying with all conditions. 15A NCAC 02H .0506 and 15A NCAC 02H .0507 2. The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas has commenced. 15A NCAC 02H .0502 (e) EQ��North Carolina Department of Environmental Quality I Division of Water Resources Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115 0.p. t.1E . ��­ l U.I.ty /"� 704.663.1699 3. Approved Impacts: Type of Impact Amount Approved Amount Approved Temporary Impact Permanent Impact Stream 45 linear ft. 90 linear ft. Wetland 0 acre 0 acre 4. Diversion Ditches and other storm water conveyances as related to the sediment and erosion control measures shall be matted and/or stabilized to reduce sediment loss and turbidity. This includes interior/exterior slopes of sediment basins. 15A NCAC 02H .0506 (b)(3) and (c)(3) 5. Bare/fill slopes in excess of 10 feet in height and within 30 feet of surface waters shall be matted. 15A NCAC 02H .0506 (b)(3) and (c)(3) 6. Use of native vegetation and other soft stream bank stabilization techniques is recommended where practicable instead of riprap or other bank hardening methods. If riprap is necessary, it shall not be placed in the streambed, unless approved by DWR 7. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or protected riparian buffers. 15A NCAC 02H .0506(b)(3) 8. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this Certification. 15A NCAC 02H.0506(b)(3) 9. The permittee shall report to the Mooresville Regional Office any noncompliance with this certification, any violation of stream or wetland standards [including but not limited to sediment impacts, and any violation of state regulated riparian buffer rules. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the applicant became aware of the circumstances. A written submission shall also be provided within 5 business days of the time the applicant becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Division may waive the written submission requirement on a case-by-case basis. 15A NCAC 02B.0200 10. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2) 11. Upon completion of the project, the applicant shall complete and return a "Certificate of Completion" form to the 401/Wetlands Branch of the Division using the following link: https://edocs.deq.nc.gov/Forms/Certificate-of-Completion. 15A NCAC 02H .0507(c) This Certification can be contested as provided in Articles 3 and 4 of the General Statute 150B by filing a written petition for an administrative hearing to the Office of the Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/or by calling the OAH Clerk's Office at (919) 431-3000. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday, 8:00 am to 5:00 pm, excluding state holidays). The petitions may be faxed to the OAH at (919) 431-3100, provided the original and one (1) copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivery service (UPS, FedEx, etc.) Office of Administrative Hearings 1711 New Hope Church Rd. Raleigh, NC 27609-6285 One (1) copy of the petition must also be served on DEQ as follows: Mr. William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review by the Division under Section 401 of the Clean Water Act. If you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office at 704-663-1699. Sincerely, Do�^cu/ASigned by: ami A14CC681AF27425... W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office, DEQ Attachments cc: Army Corps of Engineers, Charlotte, email Jessica Miller, Env. Consulting & Tech., jmiller@ectinc.com DWR 401 & Buffer Permitting Branch file MRO, Land Quality CERTIFICATE OF COMPLETION NCDWR Project No.: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: Certificate of Completion County: Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 Wetland & Buffer Permitting Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form may be returned to NCDWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Agent's Certification Date: I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Engineer's Certification Partial Final Date: I, _, as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature Registration No. Date North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona Ai. Bartos, Administrator Governor Roy Cooper Secretary Susi H. Hamilton August 31, 2017 Officc of Archives and History Deputy Secretary Kevin Cherry Dennis Richter dennisksolterrapartners.c_om Stanly Solar, LLC 2125 Southend Drive, Suite 450 Charlotte, NC 28203 Re: Stanly Solar, 50 MW Solar Photovoltaic Electric Generating Facility, 20217 Old Aquadale Road, Albemarle, Stanly County, North Carolina, CH 17-1529 Dear Mr. Richter: Thank you for your letter of August 3, 2017, concerning the above referenced project. We have reviewed the information provided and offer the following comments: No historic buildings will be affected by the proposed undertaking. The project area consists of a tract of land located along the north side of Old Aquadale Road in Albermarle. The current landuse includes agricultural fields, wooded areas with planted trees, and areas that appear to have been recently logged. Long Creek borders the west side of the project area and several unnamed tributaries drain the subject parcel. Topographically, much of the project area is sloped, though there are several relatively level landforms and toe ridges above Long Creek. While there are no previously recorded archaeological resources within the project area, there are two cemeteries and several structures shown on topographic maps. Prior to the initiation of any ground disturbing activities within the project area, we recommend that a comprehensive archaeological survey be conducted by an experienced archaeologist. This recommendation is based partly because there are presumably cemeteries located within the project area, and because of the site potential based on the landforms and proximity to Long Creek. The purpose of this survey will be to locate archaeological sites and make recommendations regarding the eligibility status of each site in terms of the NRNP. Because much of the subject parcel is sloped, the entire project area may not need to be intensively surveyed with systematic shovel tests. The entire project area should, however, be investigated with pedestrian reconnaissance. Please note that our office now requests consultation with the Office of State Archaeology Review Archaeologist to discuss appropriate field methodologies prior to the archaeological field investigation. Please also note that cemeteries are protected under North Carolina General Statute Chapter 65, and should be avoided if possible. If human skeletal remains are encountered during construction, the provisions of North Carolina General Statute Chapter 70, Article 3 apply, and construction activities should immediately cease the State Archaeologist, John Mintz, should be contacted immediately. Location: 109 Last Jones Street, Raleigh NC 27601 Mailing Address: 4617 \lail Service Center, Raleigh NC 27699-4617 Telephone/Fax; (919) 807-6570/807-6599 One paper copy and one digital copy (PDF) of all resulting archaeological reports, as well as one paper copy and one digital copy (MS Word) of the North Carolina site form for each site recorded, should be forwarded to the Office of State Archaeology through this office for review and comment as soon as they are available and in advance of any construction or ground disturbance activities. A list of archaeological consultants who have conducted or expressed an interest in contract work in North Carolina is available at www.archaeology.nedcr.gov/nearch/resource/consultants.htm. The archaeologists listed, or any other experienced archaeologist, may be contacted to conduct the recommended survey. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comments, please contact Renee Gledhill -Earley, environmental review coordinator, at 919-807- 6579 or environmental.review@ncdcr.gov. In all future communication concerning this project, please cite the above -referenced tracking number. Sincerely, Ramona Bartos4 QPP��ENT OF Tye, FISH LIFE EIIVI E d tip United States Department of the Interior o _ - FISH AND WILDLIFE SERVICE �gRCH 3,%8� Asheville Field OfficeoMzd�" 160 Zillicoa Street Suite #B Asheville, North Carolina 28801 February 4, 2019 Ms. Jessica Miller ECT, Inc. 7208 Falls of Neuse Road, Suite 102 Raleigh, North Carolina 27615 Dear Ms. Miller: Subject: Listed Species Assessment, for Proposed Stanly Solar, LLC Project, Adjacent to NC Highway 52, near Misenheimer, Stanly County, North Carolina On December 11, 2018, we received (via e-mail) your letter requesting our comments on the subject project. Your email included a copy of the survey results from the project site for Schweinitz's sunflower (Helianthus schweinitzii) which is currently federally listed as endangered. We have reviewed the information that you presented and the following comments are provided in accordance with the provisions of the National Environmental Policy Act (42 U.S.C.§ 4321 et seq.); the Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661-667e); the Migratory Bird Treaty Act, as amended (16 U.S.C. 703); and section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act). Project Description According to the information presented, your client is proposing to construct a solar array on a site that currently consists of forested and agricultural land. The forested areas consist of mixed hardwood and pine and some area has been selectively thinned or cleared in the recent past. Your letter did not include information regarding wetlands and/or streams that occur within the project area. Federally Listed Endangered and Threatened Species As indicated in your letter, the project site contains suitable habitat for Schweinitz's sunflower. On October 30, 2018, a survey for this species was conducted by ECT personnel in all areas of suitable habitat. No evidence of Schweinitz's sunflower was found within the surveyed areas. We concur with the survey results provided and believe the project will not adversely affect this species. The prcj ect site also contains potential suitable habitat for northern long-eared bat (Myotis septent� ionalis), which is currently federally listed as a threatened species. The clearing of trees for construction of the project, staging areas, etc. could impact suitable maternity roost trees for northern long-eared bats. The nearest known record for this species is about 70 -miles from the project site. According to the new 4(d) rule implemented for the listing of northern long-eared bat, a cutting Ms. Jessica Miller — ECT, Inc. 2 moratorium of June 1 -July 31 is recommended within areas of habitat for this species. Because: 1) the project site is over 70 -miles away from the nearest known occurrence; and 2) there is a large amount of suitable habitat in close proximity to the site and in the surrounding area, we believe the any effects of the project on this species would be discountable and could concur with a "may affect — not likely to adversely affect" determination for this project. We recommend the cutting moratorium of June 1 -July 31 be implemented into the plans if possible. Though a "not likely to adversely affect" determination would not be dependent on this action, the cutting moratorium is a measure that can be implemented to further reduce the probability of "take" of this species. Further, we believe a "no effect" determination is appropriate for all other federally listed species that are known to occur in Stanly County. Therefore, we believe the requirements under section 7 of the Act are fulfilled. However, obligations under section 7 of the Act must be reconsidered if (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered, (2) this action is subsequently modified in a manner that was not considered in this review, or (3) a new species is listed or critical habitat is determined that may be affected by the identified action. Wildlife Resources Although solar energy production is a fast-growing renewable energy source that can lessen overall impacts to natural resources when compared to conventional energy sources (coal, oil, gas, etc.), we believe solar farms can adversely affect valuable natural resources if they are not properly planned and constructed. Impacts to natural resources from the construction, operation, and maintenance of solar farms include: the removal of forests and riparian buffers; creation of monotypic habitat; introduction of invasive species; use of herbicides; creation of large, clear open spaces; and barriers created from fencing. We strongly recommend that impacts to the riparian buffer/forested area on the southern portion of the project area be avoided to the greatest extent possible. To offset the overall impacts of solar facilities and/or to increase the habitat and species diversity within the solar facility area, we further recommend the following measures be implemented into project design: Throughout the site, sow native seed mixes with plant species that are beneficial to pollinators. Taller -growing pollinator plant species should be planted around the periphery of the site and anywhere on the site where mowing can be restricted during the summer months. Taller plants, not mowed during the summer, would provide benefits to pollinators, habitat to ground-nesting/feeding birds, and cover for small mammals. Low-growing/groundcover native species should be planted under the solar panels and between the rows of solar panels. This would provide benefits to pollinators while also minimizing the amount of maintenance, such as mowing and herbicide treatment. Using a seed mix that includes milkweed species (milkweed is an important host plant for monarch butterflies) is especially beneficial. The following Web site provides a comprehensive list of native plant species that benefit pollinators: http://www.xerces.oWlp-content/uploads/2014/09lMidAtlanticPlantList web.pdf Additional information regarding site prep, plant species, seed mixes, and pollinator habitat requirements can be provided upon request. The Service and the North Carolina Wildlife Resources Commission have recently completed a guidance document titled "North Carolina Technical Guidance for Native Plantings on Solar Sites". That document is included as an attachment to our email along with this letter. We also offer our assistance with developing seed Ms. Jessica Miller — ECT, Inc. mixes that can be used in conjunction with fast growing erosion control seed mix for overall soil stability and pollinator benefits. 2. Create openings in fencing to allow passage for small mammals and turtles. 3. If possible, the solar field should be designed with open areas spread throughout the project site and planted and maintained with taller pollinator -friendly plant species. This practice would benefit pollinators, create diversity throughout the site, and provide much-needed shelter islands to aid in the movement of small mammals and birds. 4. Mitigate for the loss of forested habitat. Though the loss of forested habitat cannot be fully mitigated when cleared for solar facilities, we believe measures should be implemented into the design plans to offset the impacts of the project to the greatest extent practicable. We recommend the construction and placement of bat and bird boxes throughout the site along with perch poles that are large enough to be used by raptors. Create habitat for a diversity of species in "screening" areas. In all areas of the site where vegetative `screening' will be required, we recommend that a diverse selection of tree and shrub species be used to create a hedgerow type habitat structure. Hedgerows typically include a variety of tree and shrub species that vary in height, as opposed to hedges, which are usually made up of a single species in a closely spaced row. The resulting layers of plants mimic a woodland or forest edge, fulfilling different habitat functions for wildlife such as shelter, nesting sites, and food sources. Recent studies suggest that hedgerows generally support a higher diversity of pollinator species than surrounding landscapes, and provide a valuable forage resource and corridor for movement of pollinators. 6. Provide nesting sites for pollinator species. Different pollinators have different needs for nesting sites. Therefore, we recommend designing the solar facility to maintain a diverse array of habitats to accommodate varied pollinators, from hummingbirds to butterflies to bees. Hummingbirds typically nest in trees or shrubs while many butterflies lay eggs on specific host plants. Most bees nest in the ground and in wood or dry plant stems. For additional information and actions that can be taken to benefit pollinators please visit the following Web site: http: //www. fws./pollinators/pollinatorpaSeL/yourhelp. html. We appreciate the opportunity to provide comments on this project. Please contact Mr. Bryan Tompkins of our staff at 828/258-3939, Ext. 240, if you have any questions. In any future correspondence concerning this project, please reference our Log Number 4-2-19-082. Sincerely, - - original signed - - Janet Mizzi Field Supervisor 9 North Carolina Wildlife Resources Commission 9 Gordon Myers, Executive Director 22 October 2018 Ms. Jessica Miller Mr. Christopher Wu Environmental Consulting & Technology of North Carolina, PLLC 7208 Falls of Neuse Road, Suite 102 Raleigh, North Carolina 27615 Subject: Informal Consultation Stanly Solar Albemarle, Stanly County, North Carolina ECT No. 180477-0100 Dear Ms. Miller and Mr. Wu, Biologists with the North Carolina Wildlife Resource Commission (NCWRC) received your letter on 24 September 2018 requesting information on the possible presence of threatened and endangered species and their habitat at a proposed solar facility. Biologists with NCWRC have reviewed the provided documents Comments are provided in accordance with certain provisions of the North Carolina Environmental Policy Act (G.S. 113A-1 through 113A-10; 1 NCAC 25) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.). Stanly Solar, LLC, is proposing to construct a solar facility on approximately 760 acres located east of St. Martin Road and south-southwest of Mabry Road, south of Albemarle, Stanly County, North Carolina. The site consists of agricultural fields, pasture, and forested areas. Solar projects should be sited to avoid impacts to wetlands, streams, riparian buffers and priority wildlife habitat. We prefer solar facilities are constructed primarily on agricultural lands and avoid clearing the forest to have less impact on aquatic and terrestrial wildlife species. Long Creek, Little Long Creek and their unnamed tributaries flow through or adjacent to the site. Long Creek and Little Long Creek in the Yadkin — Pee Dee River basin are classified as Class C streams by the N.C. Division of Water Resources (NCDWR). Within the vicinity of the proposed project, we have records for the federal and state endangered (SE) Schweinitz's sunflower (Helianthus schweinitzii); federal candidate and state threatened (ST) Georgia aster (Symphyotrichum georgianum); federal species of concern (FSC) and SE Carolina creekshell (Villosa vaughaniana); FSC and ST notched rainbow (Villosa constricta); FSC and state special concern Carolina darter (Etheostoma collis); ST creeper (Strophitus undulatus); state significantly rare (SSR) eastern creekshell (Villosa delumbis); and SSR prairie dock (Silphium terebinthinaceum). We have no records within the proposed site; however, the lack of records from the site does not imply or confirm the absence of federal or state -listed species. An on-site survey is the only definitive means to determine if Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 Page 2 22 October 2018 Stanly Solar, LLC Stanly County the proposed project would impact federal or state rare, threatened, or endangered species. Any protected species surveys should be conducted by biologists with both state and federal endangered species permits. We recommend contacting the USFWS at (828) 258-3939 to ensure that any issues related to federally - protected species are addressed, and contacting Brena Jones, a nongame aquatic diversity coordinator for NCWRC, at (919) 707-0369 regarding aquatic species and surveys. Solar facilities can mimic impervious surface with the largest impacts likely to be the hydrograph through increased runoff and reduced infiltration. Infiltration reduction impacts are magnified in the Slate Belt where there is already low natural groundwater recharge/levels. As a result, aquatic species would be impacted through increased erosion and sedimentation, as well as possible increase in the frequency in drying events. We the following general recommendations to minimize impacts to aquatic and terrestrial wildlife resources: The project footprint should be surveyed for wetlands and streams to ensure there are no impacts to surface waters. In addition to providing wildlife habitat, wetland areas and streams aid in flood control and water quality protection. U.S. Army Corps of Engineers Section 404 Permits and NCDWR Section 401 Certifications are required for any impacts to jurisdictional streams or wetlands. 2. Maintain a minimum 100 -foot undisturbed, native, forested buffer along perennial streams, and a minimum 50 -foot buffer along intermittent streams and wetlands. Maintaining undisturbed, forested buffers along these areas will minimize impacts to aquatic and terrestrial wildlife resources, water quality, and aquatic habitat both within and downstream of the project area. Also, wide riparian buffers are helpful in maintaining stability of stream banks and for treatment of pollutants associated with stormwater. 3. Reduce soil compaction under panel arrays and ensure adequate spacing between panels to allow water to filter into the soils. Rain garden and other bioretention structures would reduce water runoff. 4. Re -seed disturbed areas with seed mixtures that are beneficial to wildlife. Avoid fescue -based mixtures because fescue is invasive and provides little benefit to wildlife. Consider planting native, wildflower seed mixes that will create pollinator habitat within the project boundary. Shade -tolerant plants that are within 12 to 18 inches can be selected for plantings both underneath and around the solar panels. Pollinator habitat can also be created in buffer areas outside of the panel region. Planting native vegetation can reduce costs of maintenance. Further information and free technical guidance from the NCWRC is available upon request. 5. Fencing around large solar facilities can impact wildlife movements. We recommend using wildlife -friendly fencing, such as leaving gaps at the bottom of the fence and avoid using barbed wire. 6. Due to the decline in bat populations, we recommend avoiding tree clearing activities during the maternity roosting season for bats (May 15 — August 15). 7. If overhead transmission lines will be installed, measures should be implemented to minimize impacts to birds. 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 htip://www.fws.gov/birds/documents/powerlines.pdf. Page 3 22 October 2018 Stanly Solar, LLC Stanly County 8. Sediment and erosion control measures should be installed prior to any land clearing or construction. The use of biodegradable and wildlife -friendly sediment and erosion control devices is strongly recommended. Silt fencing, fiber rolls and/or other products should have loose -weave netting that is made of natural fiber materials with movable joints between the vertical and horizontal twines. Silt fencing or similar materials that have been reinforced with plastic or metal mesh should be avoided as they impede the movement of terrestrial wildlife species. Excessive silt and sediment loads can have detrimental effects on aquatic resources including destruction of spawning habitat, suffocation of eggs and clogging of gills. 9. Develop a plan that identifies the parry responsible for decommissioning the facility as well as the conditions under which decommissioning will occur. In addition, the plan should emphasize that all equipment must be removed from the site, and the land should be restored to pre -construction conditions. At this time, the information provided is not sufficient for our staff to make definitive recommendations or conclusions concerning this project. Thank you for the opportunity to provide comments during the early stages of this project. If I can be of additional assistance, please call (919) 707-0364 or email olivia.munzer&ncwildlife.oM. Sincerely, OG Olivia Munzer Western Piedmont Habitat Conservation Coordinator Habitat Conservation Program cc: Brena Jones, NCWRC Bryan Tompkins, USFWS