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HomeMy WebLinkAbout20120789 Ver 2_401 Application_2012111215N- o18 q Y x November 20, 2012 Ms. Lyn Hardison NC DENR Washington Regional Office 943 Washington Square Mall Washington, NC 27889 6 Energy Renewal PARTNERS, LLC Re: Water Quality Certification Fee Washington White Post Solar Energy Project, Beaufort County, North Carolina Dear Ms. Hardison: Per our conversation on Monday, November 19, please find enclosed a check for $240 for the NC DWQ Water Quality Certification Fee for the Washington White Post Solar Project PCN Application. Once you have received the $1,000 check from the Raleigh office, please return it in the enclosed self- address envelope. Should you have questions please contact me at (512) 222 -1125 ext. 104 and again, thank you for your prompt assistance with this project. Sincerely, U i J -, , 0 Lauren Sicarelli Staff Scientist Attachment: Water Quality Certification Fee 305 Camp Craft Rd, Suite 575, Austin, TX 78746 a (512) 222 -1125 r November 9, 2012 Energy Renewal OARTNER9.LLC ' Attention: Mr. Roberto Scheller NC DWQ 401 /Wetlands Unit ' 1650 Mail Service Center Raleigh, NC, 27699 -1650 ' Re: Pre - Construction Notification Washington White Post Solar Farm f `tiles `✓ q 1612 ' 853 White Post Road DEIdR - Bath, Beaufort County, North Carolina NVeUande$ RQUALITY ata Branch Approximate Center: 35.499342° N, - 76.852273° W ' Dear Mr. Scheller, ' On behalf of Washington White Post Solar, LLC (a subsidiary of Duke Energy), we are submitting this Pre - Construction Notification (PCN) for permanent impacts to waters of the US from two culvert ' installations at the proposed Washington White Post Solar Farm. The project will result in less than 150 linear feet of stream and less than 0.1 acre of permanent impacts to waters of the US. Per the requirements of NC Division of Water Quality (DWQ) Certification 3886 and Nationwide Permit (NWP) ' 14, this PCN is being submitted to the NC DWQ for approval and a copy is being provided to the US Army for the record only. IProject Information The project site is 85.3 acres located approximately 2.5 miles northwest of Bath, NC on the western side ' of White Post Road (Beaufort County PIN 07023216). The site is mostly cleared, farm land and has been cultivated since at least 1938 with soybeans planted during the 2012 growing season. An approximate 1.5 acre forested area is located on the eastern portion of the site along White Post Road and an ' approximate 0.5 acre forested area is located on the northern portion of the site. The proposed project consists of a 12.5MW solar energy facility which will deliver renewable energy to the local utility grid. ' Jurisdictional Waters Based on a review of available maps and a site visit by Mr. Kyle Barnes of the US Army Corps of ' Engineers on August, 22, 2012, one jurisdictional stream (UT1 to Boyd Creek) runs from west to east through the southern portion of the Site. The stream crosses the entire length of the site, approximately 1,230 linear feet, and averages 32 feet wide. This perennial stream has a defined bed and bank with clear evidence of an ordinary high water mark. The stream has been channelized and is nearly straight through the property. No other jurisdictional waters of the US, including wetlands, were noted on the site. Summary of Proposed Impacts In order to access both the northern and southern portion of the site, two roads, each with a 78" diameter culvert, will be permanently installed in UT1 to Boyd Creek. Rip rap will be keyed in on either 30S Camp Craft Rd, Suite 575, Austin, TX 78746 • (512) 222 -1125 1 0 r t r Energy Renewal PARTNERS,LLC Pre - Construction Notification Washington White Post Solar Farm side of the culverts for stabilization and will be installed per the Wilmington District Regional Condition number 3.5. Coffer dams will be temporarily installed on either side of each of the western culvert to allow for work in the dry. For the eastern culvert, one coffer dam will be utilized and an existing culvert under White Post Road will be temporarily plugged to allow for work in the dry. One underground utility line will be directionally drilled adjacent to Culvert 1 and will not result in stream impacts. The following table summarizes the proposed impacts: Stream Impact Number Type of Impact Stream Name Perennial or Intermittent Impact (LF) Impact (Acres) S1— Permanent Culvert (1) UT1 to Boyd Crk. Perennial 44 0.017 S2 — Permanent Rip -Rap (1) UT1 to Boyd Crk Perennial 29 0.032 S3 — Permanent Culvert (2) UT1 to Boyd Crk Perennial 38 0.011 S4 — Permanent Rip -Rap (2) UT1 to Boyd Crk. Perennial 30 0.031 S5 — Permanent UG Utility Line UT1 to Boyd Crk Perennial 0 0.0 S6 — Temporary 3 Coffer Dams UT1 to Boyd Crk Perennial 66 (22 X 3) 0.019 (0.006 X 3) Total Impacts Permanent 141 LF 0.091 acres Total Impacts Temporary 66 LF 0.019 acres The number and width of the crossings have been limited to the bare minimum to safely construct and operate the solar farm. Two crossings are required for safety purpose to ensure the solar panels can be accessed in the event of an emergency or if one of the road crossings becomes impassable. Road crossings were designed perperndicular to the stream to minimize impacts. The project construction, including the installation of the culverts and underground utility line, will be completed in accordance with state and federal regulations, including the NC DWQ Stormwater rules and Nationwide and Regional Conditions (Nationwide and Regional). Closing We appreciate your prompt review of this PCN. We would like to utilize the NC DWQ Express Review process and we are enclosing a check for $1,000 for the Express Review fee. If we can facilitate your review in any way, please do not hesitate to contact Lauren Sicarelli at or 512 - 222 -1125, Ext 104 or Isicarelli @energyrenewalpartners.com. Sincerely, a4vu," . J-� t/ Lauren Sicarelli Project Scientist See next page for list of attachments. Greg Nelson Project Manager ! Enemy Renewal PARTNERS,IIC Pre - Construction Notification Washington White Post Solar Farm ' Attachments: Pre - Construction Notification Form Figure 1— Site Location and Jurisdictional Feature Figure 2 — USGS Topographic Map Site Plan — Baker Engineering Sheets C3.0 and C3.1 ' Attachment A —Culvert Details Attachment B — DWQ Buffer Correspondence Attachment C — DWQ Stormwater Approval Letter and Stormwater Management Plan ! Attachment D — SEPA Finding of No Significant Impact Attachment E — Endangered Species Table ' Attachment F —Cultural Resources Letter Attachment G — Agent Authorization Letter $1,000 Fee ! CC: Mr. William Wescott US Army Corps of Engineers Washington Regulatory Field Office 2407 West Fifth Street Washington, NC 27889 1 1 1 1 Energy,Renew6l PARTNEAS,LLC 1 1 1 i 1 11 Pre - Construction Notification Washington White Post Road Solar Farm PRE - CONSTRUCTION NOTIFICATION FORM 0 O INA /���' L,F;7 �ILJW�.7� y o < Office Use Only- Corps action ID no DWQ project no Form Version 1.3 Dec 10 2008 Page 1 of 11 PCN Form — Version 1.3 December 10, 2008 Version Pre - Construction Notification PC Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps ®Section 404 Permit El Section 10 Permit 1 b Specify Nationwide Permit (NWP) number 14 or General Permit (GP) number: 1 c Has the NWP or GP number been verified by the Corps? ® Yes ❑ No 1d. Type(s) of approval sought from the DWQ (check all that apply)- ❑ 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ® 401 Water Quality Certification — ss ❑ Riparian Buffer Authorization 1 e Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification. ❑ Yes ® No For the record only for Corps Permit ® Yes ❑ No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑ Yes ® No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below ® Yes ❑ No 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? [:]Yes ® No 2. Project Information 2a. Name of project: Washington White Post Solar Farm 2b County Beaufort 2c. Nearest municipality / town Bath 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a Name(s) on Recorded Deed Foxfire Farms, Inc & NBE Farms, Inc 3b Deed Book and Page No 1790/0737 3c Responsible Party (for LLC if applicable). Larry Boyd 3d Street address: 837 Beaver Dam Road 3e City, state, zip: Pinetown, NC 27865 3f. Telephone no. 252 - 943 -5683 3g. Fax no. 3h. Email address: Page 1 of 11 PCN Form — Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is. ❑ Agent ® Other, specify Site developer with lease on property. 4b. Name: Vanessa Goff 4c. Business name (if applicable). Washington White Post Solar, LLC (a subsidiary of Duke Energy) 4d. Street address: 1880 Winton Road, Suite 7 4e. City, state, zip: Rochester, NY 14618 4f Telephone no. 585- 239 -7607 4g. Fax no.: 513 - 629 -5567 4h. Email address. vanessa goff @duke - energy.com 5. Agent/Consultant Information (if applicable) 5a Name: Lauren Sicarelli 5b Business name (if applicable): Energy Renewal Partners, LLC 5c. Street address: 305 Camp Craft Road, Suite 575 5d. City, state, zip, Austin, TX 78746 5e Telephone no.: 512 - 222 -1125 X 104 5f. Fax no.: 512 - 222 -1132 5g. Email address: Isicarelli @energyrenewalpartners.com Page 2 of 11 PCN Form — Version 1.3 December 10, 2008 Version 1 1 1 1 1 1 1 k 1 B. Project Information and Prior Project History 1. Property Identification 1a Property identification no. (tax PIN or parcel ID)- PIN 07023216 Latitude Longitude: - 1 b Site coordinates (in decimal degrees)- .35499342.. .......... ..- 76.852273 (DD DDDDDD) ( -DD DDDDDD) 1c Property size 85.74 acres 2. Surface Waters 2a Name of nearest body of water (stream, river, etc ) to Boyd Creek proposed project 2b Water Quality Classification of nearest receiving water C; NSW 2c. River basin: Tar - Pamlico 3. Project Description 3a Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The site is currently agricultural fields (NC land use land cover 2 01) and was planted with soybean crops in 2012. Properties in the general vicinity of the site are a mix of cultivated farm land (NC LULC 2 01), tree farms (NC LULC 2.02), and rural residences. See Figures 1 and 2. 3b List the total estimated acreage of all existing wetlands on the property 0 3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 1,230 LF of Perennial Stream 3d. Explain the purpose of the proposed project The project consists of a 12.5MW solar energy facility which will deliver renewable energy to the local utility grid 3e. Describe the overall project in detail, including the type of equipment to be used. Approximately 100 rows of solar panels will be installed east -west. The panels will be mounted above ground and an underground collection system of electric cables will connect the panels to 20 transformer /inverter pads and connect to the existing power line along White Post Road. Standard construction equipment, including earthmoving equipment, will be used during construction See attached Site Plan. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? Comments. Kyle Barnes of the USACE Wilmington District ® Yes ❑ No ❑ Unknown Office completed a site visit on Aug. 22, 2012 and confirmed that the stream onsite is jurisdictional. A formal PJD Request is being submitted in conjunction with this PCN Form. 4b. If the Corps made the jurisdictional determination, what type Preliminary ❑Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Name (if known): Jay Keller - Consultant Agency /Consultant Company: Keller Environmental Kyle Barnes - USACE Wilmington District Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. Site Visit - August 22, 2012. PJD request submitted in conjunction with PCN. Page 3 of 11 PCN Form — Version 1 3 December 10, 2008 Version 1 1 1 1 1 1 S. Project History 5a. Have permits or certifications been requested or obtained for ® Yes ❑ No ❑ Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. NC Stormwater Management Permit - application submitted October 5, 2012 6. Future Project Plans 6a Is this a phased project? ® Yes ❑ No 6b If yes, explain. The portion of the project to the north of the stream (Phase 1) is anticipated to be completed by December 31, 2012 and the portion of the project to the south of the stream (Phase II) is anticipated to be completed next year There are no additional impacts associated with Phase II and the cumulative impacts of both Phase I and II have been included in this PCN application Page 4 of 11 PCN Form — Version 1.3 December 10, 2008 Version 1 1 1 C. Proposed Impacts Inventory 1 Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑ Wetlands ® Streams - tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted 2a. 2b. 2c 2d. 2e. 2f. Wetland impact Type of jurisdiction number — Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ — non -404, other) (acres) Temporary T W1 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W2 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W3 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W4 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W5 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W6 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g. Total wetland impacts 2h. Comments 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted 3a 3b. 3c 3d 3e. 3f 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ — non -404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ®P ❑ T Culvert (1) UT1 to Boyd ® PER ® Corps 34.5 44 Creek ❑ INT ❑ DWQ S2 ®P ❑ T Rip -Rap (1) UT1 to Boyd Creek ® PER ❑ INT ® Corps ❑ DWQ 34.5 29 S3 ®P ❑ T Culvert (2) UT1 to Boyd ® PER ® Corps 305 38 Creek ❑ INT ❑ DWQ S4 ®P ❑ T Rip -Rap (2) UT1 to Boyd Creek ® PER ❑ INT ® Corps ❑ DWQ 30.5 30 S5 ®P ❑ T Directionally Drilled UG Utility UT1 to Boyd ® PER ® Corps 34.5 0 Line Creek ❑ INT ❑ DWQ S6 ❑ P ® T 3 Coffer Dams UT1 to Boyd Creek ® PER ❑ INT ® Corps ❑ DWQ 32.5 66 P. 141 LF 3h. Total stream and tributary impacts P: 0.09 ac T: 66 LF T- 019 ac 3i. Comments The perennial stream UT1 to Boyd Crreek runs west to east through the central portion of the site and runs the Page 5 of 11 PCN Form — Version 1 3 December 10, 2008 Version 1 u r entire length of the site In order to access both the northern and southern portion of the site, two roads, each with a 78" diameter culvert, will be permanently installed in UT1. Rip rap will be keyed in on either side of the culverts for stabilization and will be installed per the Wilmington District Regional Condition number 3.5. Coffer dams will be temporarily installed on either side of each culvert installation to allow for work in dry conditions One underground utility line will be directionally drilled adjacent to Culvert 1 and will not result in stream impacts See Culvert Details - Attachment A 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S then individually list all open water impacts below. 4a 4b 4c 4d. 4e. Open water Name of waterbody impact number — (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary T 01 ❑P ❑T 02 ❑P ❑T 03 ❑P ❑T 04 ❑P ❑T 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below 5a. 5b. 5c 5d. 5e Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 K Total 5g. Comments: 5h. Is a dam high hazard permit required ❑ Yes ❑ No If yes, permit ID no: 5i Expected pond surface area (acres). 5j Size of pond watershed (acres). 5k Method of construction Page 6 of 11 PCN Form — Version 1.3 December 10, 2008 Version r-. r 1 0 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form 6a. ❑ Neuse ® Tar - Pamlico ❑ Other: Project is in which protected basin? ❑ Catawba ❑ Randleman 6b 6c 6d 6e 6f. 6g. Buffer impact number — Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary T impact required? B1 ❑P ❑T El Yes ❑ No B2 ❑ P ❑ T ❑ Yes ❑ No B3 ❑P ❑T El Yes ❑ No 6h. Total buffer impacts 6i. Comments- The project is not subject to the Tar - Pamlico Buffer rules per the attached NC DWQ Determination (DWQ EXP# 12 -0789 Ver. 2), dated October 22, 2012, Attachment B D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project The road crossings are necessary to access and maintain the southern 20% of the project area Two crossings are required for safety purpose to ensure the solar panels can be accessed in the event of an emergency or if one of the road crossings becomes impassable. The number and width of the crossings have been limited to the bare minimum to safely construct and operate the solar farm Road crossings were designed perperndicular to stream to minimize impacts. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Sediment and Erosion Control Plan developed for site. Silt fence, silt soxx, and seeding will be used during land disturbing activities to control erosion and prevent sedimentation Work within the stream will be minimized at all times and work will be conducted from high ground whenever possible. Culvert pipe is pre- fabricated and will be placed into the stream complete to minimize work within the stream Coffer dams will be utilized to work in the dry during culvert installation Any water inside the coffer dams will only be returned to waters of the US when it no longer poses a threat to aquatic life. Temporary impacts from coffer dams will be returned to pre - construction condtions. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a Does the project require Compensatory Mitigation for ❑ Yes ® No impacts to Waters of the U.S or Waters of the State? 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps ❑ Mitigation bank 2c If yes, which mitigation option will be used for this project? ❑ Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank 3b. Credits Purchased (attach receipt and letter) Type Quantity Page 7 of 11 PCN Form — Version 1.3 December 10, 2008 Version L 1 1 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ® No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. Comments- See Attachment B - DWQ Correspondence stating Tar - Pamlico buffer ❑ Yes ❑ No rules do not appy to stream on site 2. Stormwater Management Plan 2a What is the overall percent imperviousness of this project? 0.44% 2b. Does this project require a Stormwater Management Plan? ® Yes ❑ No 2c If this project DOES NOT require a Stormwater Management Plan, explain why. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan. Stormater will be primarily treated through overland sheet flow over vegetated ground and swales The total new impervious area of 16,372sf (0.44% of the site) will be spread out across the entire project area with no more than 5,OOOsf in any drainage area, (significantly below 24% in any drainage area) Typical impervious area for any drainage area will be 500- 1,OOOsf. Stormwater runoff from impervious areas will sheet flow across grassed fields before entering the swales designed with 3:1 max side slopes See Attachment C ❑ Certified Local Government 2e Who will be responsible for the review of the Stormwater Management Plan? ® DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? ❑ Phase II 3b. Which of the following locally - implemented stormwater management programs ❑ NSW ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 4. DWQ Stormwater Program Review ® Coastal counties ❑ HQW 4a Which of the following state - implemented stormwater management programs apply ❑ ORW (check all that apply): ❑ Session Law 2006 -246 ❑ Other. 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ® Yes ❑ No 5. DWQ 401 Unit Stormwater Review Page 9 of 11 PCN Form — Version 1.3 December 10, 2008 Version r 11 1 1 1 1 1 1 1 5a Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal /state /local) funds or the ® Yes ❑ No use of public (federal /state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ® Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) ® Yes ❑ No Comments: See Attachment D 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes ® No or Riparian Buffer Rules (15A NCAC 2B 0200)? 2b. Is this an after - the -fact permit application? ❑ Yes ® No 2c If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy If you answered "no," provide a short narrative description 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non- discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. No sewage will be generated at the site. Portable toilets will be utilized during construction an waste will trucked off -site. Page 10 of 11 PCN Form — Version 1 3 December 10, 2008 Version 1 1 1 1 1 1 1 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑ Yes ® No habitat? 5b Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ® No impacts? El Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ❑ Asheville 5d What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? NC Natural Heritage Program online database (http./ /portal ncdenr org /web /nhp /) and USFWS online database (http / /ecos.fws gov /ipac /). See table summary of species found within the Site's topo quad in Attachment E The project area consists nearly entirely of cleared agricultural land and does not provide suitable habitat for any of the speices listed on the table The proposed project will clear a 125 acre forested area on the eastern portion of the site and a 0.75 acre forested area on the northern porition of the site. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitats ❑ Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? There is no EFH located withinthe project area. Big Bay is the nearest designated EFH, which is approximately 2.5 miles downstream (via Boyd Creek) of the proposed impacts. Source: http: / /ocean.floridamarine .org /efh— coral /ims /viewer.htm 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ® No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? Corrspondence with the NC State Historic Preservatio Office. See Attachment F. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA- designated 100 -year floodplain? ❑ Yes ® No 8b. If yes, explain how project meets FEMA requirements 8c. What source(s) did you use to make the floodplain determination? www ncfloodmaps com, FEMA Flood Insurance Rate Maps (FIRM) Community -Panel Numbers 3720663400J and 3720663400J Trisha Elizondo Nov. 8, 2012 Applicant/Agent's Printed Name Date Applicant/Agent's i ature (Agent's signature is valid only if an authorization letter from the applicant is provided ) Page 11 of 11 PCN Form — Version 1.3 December 10, 2008 Version 1 fl 0 1 1 1 Energy Renewal PARTNERS,LLC Pre - Construction Notification Washington White Post Road Solar Farm FIGURES Figure 1 Figure 2 Site Plan 4F (D -0 0 ca 0 '0'66t,*GC �f aj!S jo joluao alewixojddV Jamesville _i Washington Beargrass M a,r t i n / ou C o u n t y Cnty ds it PSI t t 32 Counit.y Beaufort Pant ego Washing on C O U'n t y Belhaven r �l�l 264 ChocowinityA River. Road v iC 9 .1 17 ­N v7�' t�s�Bath 9� <J � '331 306 Van ceboro Aurora 33 Craven L, a 306' Coo u n t y Pamlico i C o u n t y' Mesic'� *.� Approximate Center of Site: 35 499342, - 76.852273 1 7, i • Legend Property Boundary Culvert and Rip -rap Underground Utility r IMI UT1 to Boyd Creek - Avg Width: 15' *i dWAN Energy Renewal PARTNERS, LLC /1117/2112 • im a Washington White Post Solar Farm Pinetown and Bath USGS Topographic Quadrangles Figure 2 a IMI UT1 to Boyd Creek - Avg Width: 15' *i dWAN Energy Renewal PARTNERS, LLC /1117/2112 • im a Washington White Post Solar Farm Pinetown and Bath USGS Topographic Quadrangles Figure 2 CURVE TABLE CURVE BEARING LENGTH RADIUS CHORD C1 S12 °01'13 'W 32152' 8342326' 32152' C2 S12 °05'04 'W 299 55' 7712 64' 299 53' C3 S23 °15'38 'W 23088' 66180' 22971' C4 S20 °29'33 'W 291 53' 782 31' 289 84' C5 S09 °39'38 "W 136 73' 4423 00' 136 72' LEGEND ERRI SITE PLAN WEYERHAUESER CO TORRENS BOOK 8 PAGE 398 REGISTERED ESTATE 545 N 88 °38'41' E ERRI EXISTING RAILROAD IRON 1' ECM EXISTING CONC MONUMENT '11 SIR SET 5/8° REBAR FLUSH }u NP5 NO POINT SET 5 -UG - -UG - R/W RIGHT OF WAY 1 OHE OVERHEAD POWER PP POWER POLE RCP REINFORCED CONCRETE PIPE CPP CORREGATED PLASTIC PIPE'tT -g� LO � APPRM RBQIIDU®BYOWMM WEYERHAUESER CO TORRENS BOOK 8 PAGE 398 REGISTERED ESTATE 545 MATCH LINE (SHEET C3.1) .I Q a. in Z I OCA7R19i, OAM AS RBQUMWJff0WN= SIR 1135.33' WEYERHAUESER CO TORRENS BOOK 8 PAGE 398 REGISTERED ESTATE 545 ERRI PAOPPBw:B,APPm AS PAC.A'DOK oA�as mQum®BYovmm y0^ b y =ryy yyy. i EXISTING I' EIP ON NORTH t ERRI CL DITCH S78-.5o.j8.e ro — \ _f .-p' _--- J _,.;,0- Q! FROPPEW2LAMM MUMMDOYOWNEIL ___ �__u- uu =— uG --uGr —uG — uG - -uG ME w —uG-- a� 0 SIR 1 O � O = W PBOPFm MAPPBM ........... le /12/12 ' LOCw1'10N.OA788AS ' BBQOmI®BYoWmm uc IQ i.F.[:END Lj PBopEnTu3m / - - — EMMWZWlTOPWAY uj PBOPO®8WAP870P0PBAtD: F��QjJyi FlownuzcnoN C !- Wrr11G�� U7n=L SIR i o a O P80POMMAZZ/ BLMMO mummmmioNsFuLm Iw a PBDPOM)MARPAlM ti PWP0=0 alADl>DOn=PAD O (w' :await (•+ ' CO ® APPBaSpBABBIIA1mA X BIITBi�Bm$WT0@i80LDBP1� mgm L__� ERRS MILL FIELD ROAD 7/1, . DA1& 1W01/12 DRAWN. RWB SEMI 200' loo, 0 200' C3.0 I SCALE 1' =100' ERRI CL DITCH S78-.5o.j8.e ro — \ _f .-p' _--- J _,.;,0- Q! FROPPEW2LAMM MUMMDOYOWNEIL ___ �__u- uu =— uG --uGr —uG — uG - -uG ME w —uG-- a� 0 SIR 1 O � O = W PBOPFm MAPPBM ........... le /12/12 ' LOCw1'10N.OA788AS ' BBQOmI®BYoWmm uc IQ i.F.[:END Lj PBopEnTu3m / - - — EMMWZWlTOPWAY uj PBOPO®8WAP870P0PBAtD: F��QjJyi FlownuzcnoN C !- Wrr11G�� U7n=L SIR i o a O P80POMMAZZ/ BLMMO mummmmioNsFuLm Iw a PBDPOM)MARPAlM ti PWP0=0 alADl>DOn=PAD O (w' :await (•+ ' CO ® APPBaSpBABBIIA1mA X BIITBi�Bm$WT0@i80LDBP1� mgm L__� ERRS MILL FIELD ROAD 7/1, . DA1& 1W01/12 DRAWN. RWB SEMI 200' loo, 0 200' C3.0 I SCALE 1' =100' �__u- uu =— uG --uGr —uG — uG - -uG ME w —uG-- a� 0 SIR 1 O � O = W PBOPFm MAPPBM ........... le /12/12 ' LOCw1'10N.OA788AS ' BBQOmI®BYoWmm uc IQ i.F.[:END Lj PBopEnTu3m / - - — EMMWZWlTOPWAY uj PBOPO®8WAP870P0PBAtD: F��QjJyi FlownuzcnoN C !- Wrr11G�� U7n=L SIR i o a O P80POMMAZZ/ BLMMO mummmmioNsFuLm Iw a PBDPOM)MARPAlM ti PWP0=0 alADl>DOn=PAD O (w' :await (•+ ' CO ® APPBaSpBABBIIA1mA X BIITBi�Bm$WT0@i80LDBP1� mgm L__� ERRS MILL FIELD ROAD 7/1, . DA1& 1W01/12 DRAWN. RWB SEMI 200' loo, 0 200' C3.0 I SCALE 1' =100' a� 0 SIR 1 O � O = W PBOPFm MAPPBM ........... le /12/12 ' LOCw1'10N.OA788AS ' BBQOmI®BYoWmm uc IQ i.F.[:END Lj PBopEnTu3m / - - — EMMWZWlTOPWAY uj PBOPO®8WAP870P0PBAtD: F��QjJyi FlownuzcnoN C !- Wrr11G�� U7n=L SIR i o a O P80POMMAZZ/ BLMMO mummmmioNsFuLm Iw a PBDPOM)MARPAlM ti PWP0=0 alADl>DOn=PAD O (w' :await (•+ ' CO ® APPBaSpBABBIIA1mA X BIITBi�Bm$WT0@i80LDBP1� mgm L__� ERRS MILL FIELD ROAD 7/1, . DA1& 1W01/12 DRAWN. RWB SEMI 200' loo, 0 200' C3.0 I SCALE 1' =100' MATCH LINE (SHEET PBOPP@ MANROX LOCATB)N,OATWA8 RBQuu=Nyowmm CURVE TABLE LEGEND EIP EXISTING IRON PIPE DR EXISTING IRON ROD ERRI EXISTING RAILROAD IRON ECM EXISTING CONC MONUMENT SIR SET 5/8" REBAR FLUSH NP5 NO POINT SET R/W RIGHT OF WAY OHE OVERHEAD POWER PP POWER POLE RCP REINFORCED CONCRETE PIPE CPP CORREGATED PLASTIC PIPE CURVE TABLE CURVE BEARING LENGTH RADIUS I CHORD CI S12 °01'13 'W 32152' 83423 26' 32152' C2 S12 °05'04 "W 299 55' 7712 64' 299 53' C3 S23 °15'38 'W 230 88' 66180 229 71' C4 S20 °29'33 "W 29153' 78231' 28984' C5 S09 °39'38 "W 136 73' 4423 00' 136 72' SITE PLAN 3 sa 0 1 N Z ■ ''111 � ■ SIR UG — _ UG P" MRXK APR= LOCATIMGAMA8 88QODOIDBTOWM88 WEYERHAUESER CO TORRENS BOOK 8 PAGE 398 REGISTERED ESTATE 545 W MO d O O CD O 1 Z SIR cu on) M 2 I MARK WOOLARD, SR DEED BOOK 1167 PAGE 268 PROPOSED 20'%20' STORAGE SHED LEGEND PBDPl�TLQ03 8>D>n'Diu1�l'OFWAT — MCUM MICKTOPOPBAIQ — — �PBOPO®9MALZ PIOWDDD➢CQaw —w Luc Luc ---PROP. UlCMRGROMMUMM71MER O PBOPO®814AI8/ S.DIILB• ® BWIII UnCRTOMMAD PBOPOODBDLSIIPARM PBOPOB®OORICe MTRAWWROMPAD ® APPB00<FHMUAnA X e6eoa2206a■raalrDml.Davlcs J E CO � °ate � N a. Rz Q �MM E FM en 00 a W z E3 V' Z DRAWN: RWB SBE131: zoo' ,�' G 20D' C3.1 ll� SCALE 1"=100' 1 1 1 1 { Energy Renewal, PARTNERS. LLC Pre - Construction Notification Washington White Post Road Solar Farm ATTACHMENT A Culvert Details 1 1 1 1 1 1 IMPACT AREA DESCRIPTION STREAM IMPACT (LINEAR FEET) AREA OF IMPACT (ACRES) NET EXCAVATION (CUBIC YARDS) NET FILL (CUBIC YARDS) S -1 78" CMP 44 0.017 42 250 S -2 RIP—RAP 29 0.032 85 80 S -5 DIRECTIONAL DRILL 0 0 0 0 20' WIDE GRAVEL DIRECTIONAL ACCESS ► DRILL CROSSING IMPACT S-5 Ex 12' RCP UTILITY DIRECTION DRILL CONDUIT ELECTRICAL IMPACT S-2 RIP RAP ' ► OF RANK TOP 1 , �i•••; Ii•i ►i �' .ilililil� \ ! !!•1'i EDGIL s . EDGE OF WATER — — 1— 4 TOP OF BANK ti TEMP COFFER DAM TO I..� ` BE REMOVED UPON V I COMPLETION OF THE � +2 CULVERT CROSSING IMPACT S -1 RECEIVING/PULL_ ,1, 78" CULVERT 1l BACK PIT ' I IMPACT S -2 Nx 1 e° 16.4 ill u NINV =16.4 RIP RAP APRON s I4V = 1E.a CONSTRUCTION SEQUENCE: () 1. INSTALL APPROVED BMPS FOR SEDIMENT AND EROSION CONTROL. 2. CONTRACTOR TO INSTALL COFFER DAM AND PLUG DUSTING CULVERTS. 3. PUMP WATER OUT OF THE CONSTRUCTION AREA. PUMPED WATER SHALL BE DISCHARGED THROUGH AN APPROPRIATE BMP TO MINIMIZE THE DEPOSITION OF OFFSITE SEDIMENTS. 4. PREPARE THE PIPE BEDDING AND INSTALL THE CULVERT. BACKFILL CULVERT PER NCDOT STANDARDS. 5. INSTALL RIP RAP APRONS. 6. SLOWLY EQUALIZE THE WATER LEVEL ON THE CULVERT SIDE OF THE COFFER DAM. 7. REMOVED THE COFFER DAM. 8. COMPLETE THE GRAVEL ROAD OVER THE PIPE. 9. DIRECTIONAL DRILL ELECTRICAL CONDUIT. ENSURE ALL SLURRIES ARE CONTAINED WITHIN DRILL /PULL BACK PITS. REMOVE SLURRIES UPON COMPLETION. 10. REMOVE BMPs UPON STABILIZATION OF THE WORK AREA. IMPACT S -1 & S -2 PLAN Energy Renewal PARTNERS, LLC �&"t S 1 f L i t 1 1 INSTALL TEMP. PLUG IN EX. CULVERTS DURING CONSTRUCTION. Y V7 '9 1 t i,a1j, 1 m �O r4 I 191, I,gSa ,a,7 1 ' I 1 I I GRAPHIC SCALE 30 0 15 30 ( IN FEET ) i inch = 30 fL Drawing Washington White Post Solar Farm Culvert Details 1.1 IMPACT AREA DESCRIPTION I STREAM IMPACT (LINEAR FEET) AREA OF IMPACT (ACRES) NET EXCAVATION (CUBIC YARDS) NET FILL (CUBIC YARDS) S -3 78° CMP 38 0.011 27 280 S -4 RIP —RAF' 30 0.031 42 35 S -5 DIRECTIONAL DRILL 0 0 0 0 15' WIDE + ' ACCESS ROAD 1 l ` y i IMPACT S -4 ti DRIP RAP APRON (TYP). W_ ;a TEMP COFFER DAM TO BE REMOVED UPON COMPLETION OF THE CULVERT CROSSING GRAPHIC SCALE 30 0 15 30 ( IN pw 1 inch — 30 fL Energy Renewal PARTNERS,LLC _ 78_ 1 .1 C .1 , , i , , , , , ti EDGE OF WATER . —.._ —.. —..fib 6i•"�k .e.� —. — .— — — — — — ._ IMPACT S -4 D RIP RAP APRON (TYP). CONSTRUCTION SEQUENCE: 1. INSTALL APPROVED BMPs FOR SEDIMENT AND EROSION CONTROL 2. CONTRACTOR TO INSTALL COFFER DAM. 3. PUMP WATER OUT OF THE CONSTRUCTION AREA. PUMPED WATER SHALL BE DISCHARGED THROUGH AN APPROPRIATE BMP TO MINIMIZE THE DEPOSITION OF OFFSITE SEDIMENTS. 4. PREPARE THE PIPE BEDDING AND INSTALL THE CULVERT. BACKFILL CULVERT PER NCDOT STANDARDS. 5. INSTALL RIP RAP APRONS. 6. SLOWLY EQUALIZE THE WATER LEVEL ON THE CULVERT SIDE OF THE COFFER DAM. 7. REMOVED THE COFFER DAM. 8. COMPLETE THE GRAVEL ROAD OVER THE PIPE. 9. REMOVE BMPs UPON STABILIZATION OF THE WORK AREA. IMPACT S -2 / S-3 PLAN Washington White Post Solar Farm Culvert Details Drawing 1.3 TEMP COFFER DAM TO BE REMOVED UPON IMPACT S -3 COMPLETION OF THE CULVERT PIPE CULVERT CROSSING D— TGP OF.4Ag' ,.— — .ties? _ — _ Uj T0"E—Or WAS — EDGE OF WATER . —.._ —.. —..fib 6i•"�k .e.� —. — .— — — — — — ._ IMPACT S -4 D RIP RAP APRON (TYP). CONSTRUCTION SEQUENCE: 1. INSTALL APPROVED BMPs FOR SEDIMENT AND EROSION CONTROL 2. CONTRACTOR TO INSTALL COFFER DAM. 3. PUMP WATER OUT OF THE CONSTRUCTION AREA. PUMPED WATER SHALL BE DISCHARGED THROUGH AN APPROPRIATE BMP TO MINIMIZE THE DEPOSITION OF OFFSITE SEDIMENTS. 4. PREPARE THE PIPE BEDDING AND INSTALL THE CULVERT. BACKFILL CULVERT PER NCDOT STANDARDS. 5. INSTALL RIP RAP APRONS. 6. SLOWLY EQUALIZE THE WATER LEVEL ON THE CULVERT SIDE OF THE COFFER DAM. 7. REMOVED THE COFFER DAM. 8. COMPLETE THE GRAVEL ROAD OVER THE PIPE. 9. REMOVE BMPs UPON STABILIZATION OF THE WORK AREA. IMPACT S -2 / S-3 PLAN Washington White Post Solar Farm Culvert Details Drawing 1.3 ,fp1►, f ��a Energy Renewal PARTNERS,LLC Washington White Post Solar Farm Culvert Details Drawing 1.5 1 ���� %ir. fir.• a .,.� +i:, ►,:�s1 » :7•):�44n11�:'� � _ UN T• �l�M�[�i►���I 1 •-r f ��a Energy Renewal PARTNERS,LLC Washington White Post Solar Farm Culvert Details Drawing 1.5 Energy Renewal PARTNERS, LLC C t 1 1 1 1 1 1 1 Pre - Construction Notification Washington White Post Road Solar Farm ATTACHMENT B DWQ Buffer Correspondence 1 FWA rUEENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakid, P.E. Governor Director Keller Environmental LLC Mr. Jay Keller 7921 Haymarket Lane Raleigh, NC 27615 October 22, 2012 Dee Freeman Secretary DWQ EXP# 12 -0789 Ver. 2 Beaufort County ' Subject Property: White Post Road Solar Project Tar - Pamlico River Basin, Boyd Creek [TAR 07,19-5(l); NSW, C] On -Site Re- Determination for Applicability to the Tar - Pamlico River Riparian Area Protection Rules (15A NCAC 2B.0259)-EXPRESS REVIEW PROGRAM tDear Mr. Keller: On October 18, 2012 at the request of Mr. Kenny Habul of SunEnergy 1, Roberto Scheller of this Office conducted an on- ' site re- determination to change the end point of stream determination to more clearly represent drainage feature located on the subject property for applicability to the Tar - Pamlico Buffer Rules (15A NCAC 213.0259). The feature is labeled as "12 -0789 A, 12 -0789' B, and 12 -0789 C" on the attached maps initialed by me on October 22, 2012. ' The Division of Water Quality (DWQ) has determined that the feature labeled as "12 -0789 A,12 -0789 B, and 12- 0789 C" on the attached maps, and highlighted in red is not subject to the Tar Pamlico Buffer Rules. The stream ' determination begins at a roadway culvert passing under White Post Road (SR 1343), point 12 -0789 A (N 35° 29.913" W 76° 51.062 "), and continues up gradient to a second point 12 -0789 B (N 35° 29.954" W 76° 51.237 "), and continues to the western most limits of the property, to point 12 -0789 C (N 35° 29.964', W 76° 51.300'), as shown on enclosed maps marked on the ground with yellow DWQ flagging. The owner (or future owners) should notify the DWQ (and other relevant agencies) of this decision in any future correspondences concerning this property. This on -site determination shall expire five (5) years from the date of this ' letter. Landowners or affected parties that dispute a determination made by the DWQ or Delegated Local Authority that a surface water exists and that it is subject to the buffer rule may request a determination by the Director. A request for a determination by the Director shall be referred to the Director in writing c/o Karen Higgins, 1650 Mail Service Center t Raleigh, NC 27699 -1650. Individuals that dispute a determination by the DWQ or Delegated Local Authority that "exempts" a surface water from the buffer rule may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. Applicants are hereby notified that the 60-day statutory appeal time does not start until the affected party (including downstream and adjacent landowners) is notified of this decision. DWQ recommends that ' North Carolina Division of Water Quality 943 Washington Square Mall Washington, NC 27889 Phone: 252.84664811 FAX: 2529469215 *,a Internet vwwv.ncwateroualityorri C1Ni/'�0'/1 /111a An Equal Opportunity %Mrmabe Adon Employer r+"; the applicant conducts this notification in order to be certain that third party appeals are made in a timely manner. To ask ' for a hearing, send a written petition, which conforms to Chapter I SOB of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699 -6714. This determination is final and binding unless you ask for a hearing within 60 days. ' This letter only addresses the applicability to the buffer rules and does not approve any activity within the buffers. Nor does this letter approve any activity within Waters of the United States or Waters of the State. if you have any additional ' questions or require additional information please call Roberto Scheller in the Washington Regional Office at (252) 948- 1 3940. 1 incerely, Q y`11 For Charles Wakid, P.E. Attachments: Beaufort County Soil Survey map ' USGS Bath Quad map Goggle Earth map cc: Kenny Habul, SunEnergyl, 192 Raceway Drive, Mooresville, NC 28117 ' Brian Kennedy, Duke Energy Renewables, EX300/139 East Fourth St., Cincinnati, OH 45202 DWQ 401/Wetland Express Unit DLM- WaRO File Copy 1 1 1 Filename 12 -0789 Ver.2 • • i �' ` rte., --'- ,r �" �- . ,'•,9' ! '{E .i` xz.. MOWN ti s K B . r ka� ii• N 35 29.954 Wa W 76 51.237 D jWjBw, a «� «fir f �,. gL t' fib• _���. �, �f 4 '� t ii r . r ` �• ^gib E # 77, "-yam �i�'�i -t - .��a4• � , , ' ;�� ww 1 �,' - .� u+yJ/��� :7• 12 -0789 C N 35 29.964' W 76 51.300' 12 -0789 6 N 35 29.954' W 76 51.237' K J*R 2! O Everett Ch 1334 4'00 JO. • 1343 12 -0789 A N 35 29.913' W 76 51.062' �34 • Location: 035° 29'50.20" N 0760 51'08.8611 W Caption: White Post Road Solar Project Copyright (C) 1998, oil* ~. r 4 x 24 rC b-roiinr i_ cnmen.� t a agement C mission i ision of Wat r Quality For: In Date 1 Review by 10' W + Name: BATH Date: 10/22/2012 ' Scale: 1 inch equals 1000 feet 12 -0789 6 N 35 29.954' W 76 51.237' K J*R 2! O Everett Ch 1334 4'00 JO. • 1343 12 -0789 A N 35 29.913' W 76 51.062' �34 • Location: 035° 29'50.20" N 0760 51'08.8611 W Caption: White Post Road Solar Project Copyright (C) 1998, oil* Z CO 4 1 4 1 t _ 1 I O VIM CO N N O � � N M V' Z 4 ^. to m O N N tj N CO N Zr V" flkr M lV O 00 N Lo fb N M' E o w to t () Ei+ C N ' co ... , � O •W 4 ^. to m O N N tj N CO N Zr V" 1 1 1 1 1 1 r Energy Renewal PARTNERS, LLC Pre - Construction Notification Washington White Post Road Solar Farm ATTACHMENT C DWQ Stormwater Approval Letter and Stormwater Management Plan If you have any questions, or need additional information concerning this matter, please ' contact Samir Dumpor at (252) 946 -6481. Sincerely, 1 C arles R Wakild, P E., Director ' v Division of Water Quality AA/sd: K:1SD1Permits -Low Density1SW7121103 ' cc' Richard Baker, III, PE (Baker Engineering Consultants, Inc. (605 Adams Street, Raleigh, NC 27605) Beaufort County Inspections ' Washington Regional Office ' North Carolina Division of Water Quality Internet www nwaterquaily org One 943 Washington Square Mall Phone 252 - 946 -64811 FAX 252 - 946 -9215 NorthCarolina Washington, NC 27889 FAX 252 -946 -9215 �%,liltura!!�% An Fn.ml 0nnm+,.mh,! Affinnahvu Arhnn Gmnlnimr RUHR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P E Dee Freeman Governor Director Secretary ' November 13, 2012 Ms Thomas McNa Vice President Washington White Post Solar, LLC/ DEGS NC Solar, LLC 139 East 4t Street Cincinnati, OH 45202 Subject: Permit No. SW7121103 ' I Washington White Post Road Solar, LLC Low Density Stormwater Project Beaufort County ' Dear Ms. McKay: The Washington Regional Office received a complete Stormwater Management Permit Application for Washington White Post Road Solar development on November 6, 2012. Staff review of the plans and specifications has determined that the project, as i proposed, will comply with the Stormwater Regulations set forth in Session Law 2008- 1 211 and Title 15A NCAC 2H.1000 We are forwarding Permit No SW7121103 dated ' November 13, 2012, for the construction of the subject project i This permit shall be effective from the date of issuance until rescinded and shall be ' subject to the conditions and limitations as specified therein, and does not supercede any other agency permit that may be required. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC ' 27699-6714. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please ' contact Samir Dumpor at (252) 946 -6481. Sincerely, 1 C arles R Wakild, P E., Director ' v Division of Water Quality AA/sd: K:1SD1Permits -Low Density1SW7121103 ' cc' Richard Baker, III, PE (Baker Engineering Consultants, Inc. (605 Adams Street, Raleigh, NC 27605) Beaufort County Inspections ' Washington Regional Office ' North Carolina Division of Water Quality Internet www nwaterquaily org One 943 Washington Square Mall Phone 252 - 946 -64811 FAX 252 - 946 -9215 NorthCarolina Washington, NC 27889 FAX 252 -946 -9215 �%,liltura!!�% An Fn.ml 0nnm+,.mh,! Affinnahvu Arhnn Gmnlnimr State Stormwater Management Systems Permit Number SW7121103 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY ' STORMWATER MANAGEMENT PERMIT LOW DENSITY DEVELOPMENT ' In accordance with the provisions of Article 21 of Chapter 143 General Statutes of North Carolina as amended, and other applicable Laws, Rules and Regulations ' PERMISSION IS HEREBY GRANTED TO I Washington White Post Road Solar, LLC/DEGS NC Solar, LLC Washington White Post Road Solar FOR THE construction, operation and maintenance of a low density project in compliance with the provisions of Session Law 2008 -211 and 15A NCAC 2H .1000 (hereafter referred to as the " stormwater rules') and the approved stormwater management plans and 'I specifications, and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. ' The Permit shall be effective from the date of issuance until rescinded and shall be subject to the following specific conditions and limitations: ' I. DESIGN STANDARDS 1. This permit covers the construction of 16,372 square feet of permanent build- '' upon area on this 85.74 acres tract of land. 2. The overall tract built -upon area percentage for the project must be maintained at ' or below 24 %, as required by Session Law 2008 -211 and Section 2H .1005 of the stormwater rules. 3. Approved plans and specifications for projects covered by this permit are ' incorporated by reference and are, enforceable parts of the permit and shall be kept on file by the permittee at all times ' 4. The only runoff conveyance systems allowed will be vegetated conveyances such as swales with minimum side slopes of 3:1 (H:V) as defined in the stormwater rules and approved by the Division. t 5. No piping is allowed except that minimum amount necessary to direct runoff beneath an impervious surface such as a road or to provide access. 6. The built -upon areas associated with this project shall be located at least 50 feet landward of all perennial and intermittent streams or other surface waters. 7. All temporary built -upon area that is not shown on the approved stormwater plan as a permanent built -upon area, and that is shown on the approved ' Sedimentation Erosion Control plan, shall be removed and the area restored to a Page 2of5 1 'I .I .I I i 1 1 0 1 State Stormwater Management Systems Permit Number SW7121103 vegetated state when that area is no longer needed, or prior to final inspection per the requirements of the approved Sedimentation Erosion Control plan, or within 30 days of project completion, whichever occurs first II. SCHEDULE OF COMPLIANCE 1. The permittee is responsible for verifying that the proposed built -upon area does not exceed the allowable built -upon area. 2. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. 3 9 5. This project may not be sold or subdivided in whole or in part without first receiving a permit modification from the Division. Prior to the subdivision and/or sale of this project, in whole or in part, the following deed restrictions must be recorded with the Office of the Register of Deeds: a The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW7121103, as issued by the Division of Water Quality under NCAC 2H.1000. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit C. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. f. This project is permitted for a maximum of 16,372 square feet of built - upon area Construction of additional built -upon area in excess of this amount will require a permit modification. g. This project may not be sold or subdivided, in whole or in part, without first receiving a permit modification from the Division. h. Construction of additional impervious areas such that low- density requirements are no longer met will require a permit modification prior to construction. An engineered system will be required to collect and treat the runoff from all built -upon area associated with the project, including that area permitted under the low density option. i. Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with this development, except for average driveway crossings, is strictly prohibited by any persons j. The built -upon areas shall be located a minimum of 50 feet landward of all perennial and intermittent surface waters. A copy of the recorded restrictions must be received in this Office within 30 days of the date of sale. Page 3 of 5 State Stormwater Management Systems ' Permit Number SW 121103 6. Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with the permitted development, except for average driveway crossings, is strictly prohibited by any persons. 7 The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to the approved plans, regardless of size b. Project name change. c Transfer of ownership. d Redesign or addition to the approved amount of built -upon area. e. Further subdivision, acquisition, or sale of the project area in whole or in part. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval was sought. f. Filling in, altering or piping any vegetative conveyance shown on the ' approved plan. 8 Swales and other vegetated conveyances shall be constructed in their entirety, vegetated, and be operational for their intended use prior to the construction of i any built -upon surface. 9 During construction, erosion shall be kept to a minimum and any eroded areas of the swales or other vegetated conveyances will be repaired immediately. 10 The permittee shall at all times provide the operation and maintenance necessary to operate the permitted stormwater management systems at optimum iefficiency to include: a. Inspections b Sediment removal t C. Mowing, and re- vegetating of the side slopes. d Immediate repair of eroded areas. e Maintenance of side slopes in accordance with approved plans and tspecifications. 11. Within 30 days of completion of the project, the permittee shall certify in writing ' that the project has been constructed in accordance with the approved plans. 12 The permittee shall submit all information requested by the Director or his representative within the time frame specified in the written information request III. GENERAL CONDITIONS 1. This permit is not transferable to any person or entity except after notice to and approval by the Director. The Director may require modification or revocation and re- issuance of the permit to change the name and incorporate such other requirements as may be necessary. In the event of a name or ownership form, by both change, a completed Name /Ownership Change signed parties, must be submitted to the Division of Water Quality accompanied by the supporting documentation as listed on page 2 of the form. The approval of this ' request will be considered on its merits, and may or may not be approved. 2 The permittee is responsible for compliance with all permit conditions until the ' Director approves a transfer of ownership. Neither the sale of the project nor the Page 4 of 5 State Stormwater Management Systems Permit Number SW7121103 transfer of common areas to a third party, such as a homeowner's association, constitutes an approved transfer of the stormwater permit. 3 Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division of Water Quality, in accordance with North Carolina General Statutes 143- 215.6A to 143 -215 6C 4. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Session Law 2008- 211 and Title 15A NCAC 2H 1000 of the North Carolina Administrative Code, ' Subchapter 2H 1000; and North Carolina General Statute 143 -215.1 et. al. 5. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by the Division, such as the construction of additional or replacement stormwater management systems. 6 The permittee grants permission to DENR Staff to enter the property during normal business hours, for the purpose of inspecting all components of the stormwater management facility 7. The permit issued shall continue in force and effect until revoked or terminated. The permit may be modified, revoked and reissued or terminated for cause The filing of a request for a permit modification, revocation and re- issuance, or termination does not stay any permit condition. 8. Unless specified elsewhere, permanent seeding requirements for the swales must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 9. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 10. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state and federal), which have jurisdiction 11 The permittee shall notify the Division in writing of any name, ownership or ' mailing address changes at least 30 days prior to making such changes. Permit issued this the 13th day of November, 2012 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION 1;4-1'� Charles R. i, P.E., Director -- -- ___________ for Division of Water Quality By Authority of the Environmental Management Commission Permit No. SW7121103 Page 5 of 5 1 ' Tracy E Davis, PE, CPM Director 1 4� RCDENR North Carolina Department of Environment and Natural Resources Division of Energy, Mineral, and Land Resources Land Quality Section Beverly Eaves Perdue, Governor Dee Freeman, Secretary November 8, 2012 LETTER OF APPROVAL WITH MODIFICATIONS Duke Energy Corporation ATTN Mr Thomas McNay, Vice President 139 East 4`h Street ' Cincinnati, Oleo 45202 - RE Erosion and Sedimentation Control Plan No Beauf - 2013 -010 Project Name Washington White Post Solar, LLC ' Location SR 1343 County Beaufort River Basin Tar - Pamlico Date Received by LQS November 6, 2012 ' Acres Approved 86 Project Type New Project Description Grading for drainage improvements, erection of electrical generation apparatus and trenching for installation of wiring ' Dear Sir This office has reviewed the subject erosion and sedimentation control plan We find the plan to be ' acceptable and hereby issue this Letter of Approval with Modifications The modifications required for approval are listed on the attached page This plan approval shall expire three (3) years following the date of approval, if no land - disturbing activity has been undertaken, as required by 15A NCAC ' 4B 0129, unless modified by other legislation Please be advised that 15A NCAC 4B 0118(a) requires that a copy of the approved erosion and sedimentation control plan be on file at the job site Also, you should consider this letter as giving the ' Notice required by G S 113A-61 1(a) of our right of periodic inspection to ensure compliance with the approved plan ' North Carolina's Sedimentation Pollution Control Program is performance oriented, requiring protection of existing natural resources and adjoining properties If, following the commencement of this project, it is determined that the erosion and sedimentation control plan is inadequate to meet the requirements of the Sedimentation Pollution Control Act of 1973 (G S 113A -51 through 66), this office may require revisions to the plan and implementation of the revisions to ensure compliance with the Act Acceptance and approval of this plan is conditioned upon your compliance with Federal and State water quahty laws, regulations and rules In addition, local city or county ordinances or rules may also apply to this land - disturbing activity This approval does not supersede any other permit or ' approval Washington Regional Office 943 Washington Square Mail, Washington, North Carolina 27889 • Phone 252 - 946 -6481 / FAX 252 - 975 -3716 Internet http //portal ncdenr org /webArAand- quality An Equal Opportunity 1 Affirmative Action Employer - 50 %RecyctedJ10% Post Consumer Paper Duke Energy Corporation ' ATTN Mr Thomas McNay, Vice President November 8, 2012 Page 2 Please note that this approval is based in part on the accuracy of the information provided in the Financial Responsibility /Ownership Form, which you have submitted You are required to file an amended form if there is any change in the information included on the form NOTE Neither this approval nor the financial responsibility/liability cited in it automatically transfer with a change in project ownership In addition, 15A NCAC 4B 0127(c) requires that you notify this office of the proposed starting date for this project (using the enclosed Project Information Sheet) Please notify ' us if you plan to have a preconstruction conference Please be-advised that a rule to protect and maintain existing buffers along watercourses in the Tar- ' Pamlico River Basin became effective on January 1, 2000 The Tar - Pamlico River Riparian Area Protection and Maintenance Rule (15A NCAC 2B 0259) applies to a 50 (horizontal) foot wide zone along all perennial and intermittent streams, lakes, ponds and estuaries in the Tar - Pamhco River ' Basin For more information about the riparian area rule, please contact the Division of Water Quality's Wetland/401 Unit at 919- 807 -6300, or DWQ in our regional office at 252- 946 -6481 Please be aware that your project will be covered by the enclosed NPDES General Stormwater ' Permit NCG010000 (Construction Activities) You should first become familiar with all of the requirements for compliance with the enclosed permit Sincerely, ' Patric cClain, Regional Engineer ' Enclosures cc w/o enc Rick Baker, PE, Baker Engineering IAmy Adams, Regional Supervisor, Division of Water Quality 1 1 1 r 1 1 1 1 1 1 1 I 1 1 1 1 Erosion and Sedimentation Control Plan No Beauf- 2013 -010 Project Name Washington White Post Solar, LLC November 8, 2012 MODIFICATIONS Page A AS THE DECLARED RESPONSIBLE PARTY, YOUR LEGAL RESPONSIBII.ITY is to understand the Act and comply with the following minimum requirements of the Act A In the event of a conflict between the requirements of the Sedimentation Pollution Control Act, the submitted plan and/or the contract specifications, the more restrictive requirement shall prevail, B � The land disturbing activity shall be conducted in accordance with the approved erosion and sedimentation control plan, C The LATEST APPROVED erosion and sediment control plan will be used during periodic unannounced inspections to determine compliance and a copy of the plan must be on file at the job site If it is determined that the implemented plan is inadequate, this office may require the installation of additional measures and/or that the plan be revised to comply with state law D All site revisions, including those required by other local, state or federal agencies, which affect site layout, drainage patterns, limits of disturbance and/or disturbed acreage must be submitted to this office for approval a minimum of 15 day prior implementing the revision, E Revisions exceeding the approved scope of this project without this office's prior approval of the plan showing the changes can be considered a violation Failure to comply with any part of the approved plan or with any requirements of this program could result in appropriate legal action (civil or criminal) against the financially responsible party Legal actions could include Stop Work Orders, the assessing of a civil penalty of up to $5000 for the initial violation and/or a civil penalty of up to $5000 per day for each day the site is out of compliance F The CERTIFICATE OF PLAN APPROVAL must be posted at the primary entrance to the lob site and remain until the site is permanently stabilized G In cases of natural disaster related changes to the proposed land disturbing activity, all appropriate actions and adequate measure installations may be performed to prevent sediment damage, prior to submitting and receiving approval of the revised plan A revised plan must be submitted for approval as soon as possible, but no later than 15 days after all emergency actions have been performed, 1 1 1 Erosion and Sedimentation Control Plan No Beauf -2013 -010 Project Name Washington White Post Solar, LLC November 8, 2012 MODIFICATIONS Page B ' H Erosion and sediment control measures or devices are to be constructed and /or installed to safely withstand the runoff resulting from a 10 year storm event (25 year storm event in High Quality Zones) The 10 year storm event is generally equivalent to a storm producing 6 5 - 7 inches in 24 hours or at the rate of 6 5 - 7 inches in 1 hour, depending on the location of the project within the region, 1 1 I 1 No earthen material is to be brought on or removed from the project site, until the off - site borrow and/or disposal sites are identified as part of the erosion control plan If an off -site borrow and/or disposal site is to be utilized, submit the name and identification number (E&SCP# or Mine Permit #), prior to use J A buffer zone, sufficient to restrain visible sedimentation within the 25% of the width closest to the land disturbance, must be provided and maintained between the land - disturbing activity and any adjacent property or watercourse K In order to comply with the intent of the Act, the scheduling of the land - disturbing activities is to be such that both the area of exposure and the tune between the land disturbance and the providing of a ground cover is mimmized L Unless a temporary, manufactured, lining material has been specified, a clean straw mulch must be applied, at the minimum rate of 2 tons/acre, to all seeded areas The mulch must cover at least 75% of the seeded area after it is either tacked, with an acceptable tacking material, or crimped in place M New or affected cut or filled slopes must be at an angle that can be retained by vegetative cover or other adequate erosion - control devices or structures appropriate, AND must be provided with aground cover sufficient to restrain erosion within 21 calendar days of completion of anv phase (rough or final) of grading (ANNUAL RYE GRASS IS NOT in the APPROVED seeding specifications NOR is it an ACCEPTABLE substitute for the providing of a temporary ground cover) N A permanent ground cover, sufficient restrain erosion, must be provided within the shorter of 15 working or 90 calendar days (if in a High Quality Zone, the shorter of 15 working or 60 calendar days) after completion of construction or development on any portion of the tract (ANNUAL RYE GRASS IS NOT in the APPROVED seeding specifications NOR is it an ACCEPTABLE substitute for the providing of a nurse cover for the permanent grass cover) 1 Erosion and Sedimentation Control Plan No Beauf -2013 -010 tProject Name Washington White Post Solar, LLC November 8, 2012 MODIFICATIONS ' Page C ' O All sediment and erosion control details for this project must conform to the standards as shown in the current Erosion & Sediment Control Planning and Design Manual, These details must be utilized for construction and incorporated in the plan The tDesign Manual may be found on -line at http / /portal ncdenr or web/Ir /publications 2 Adequate and appropriate measures must be properly installed downstream, within the limits ' of disturbance, of any land disturbing activity to prevent sediment from leaving the limits of disturbance, entering existing drainage systems, impacting an on -site natural watercourse or adjoining property 1 1 1 1 k 1 1 STORMWATER AND EROSION AND SEDIMENTATION CONTROL PLANS FOR WASHINGTON WHITE POST SOLAR, LLC SOLAR FARM BEAUFORT COUNTY, NC Prepared by: R4KFR riNIGIrVFER1VC: COX Ill.T4,VTS, 1rVC. 605 ADAMS STREET RALEIGH, NORTH CAROLINA 27605 October 12, 2012 CA s ,......,, Off'••, J QO I• S � • � � j OZ?530 1` 1 1 1 1 1 1 1 1 1 1 1 1 1 TABLE OF CONTEN'T'S 1.0 Project Description 1 ,:nc ! escnpuon i 1.0 Planned Erosion Control and Sedimentation C ontroi i rac1t e� 4.0 Maintenance Plan 2 List of Appendices Appendix A USGS Man and Soils Map Appendix B NODE -NR — Tar - Pamlico Buffer Determination Letter STORMWATER AND EROSION AND SEDIMENTATION CONTROL PLANS Washington White Post Solar. LLC — Solar Farm 10 PROJECT DESCRIPTION This project is the construction of a Solar Farm on an existing 86 acre farm at 853 White Post Road, Bath NC, Beaufort County. More specifically, the site is on the west side of White Post Road between H W Y 264 and Route 92 The site has been farmed for an undetet mined number of years with the most recent (the 2012 growing season) crop being cotton. Approximately; 100 rows of solar panels will be installed east -west (perpendicular to White Post Road) The panels are mounted above ground and angled for optimum power generation. Underground power cables will be run as shown on the plans and connected to 20 transformer /inverter pads and connected to the existing power line along White Post Road. 2.0 SITE DESCRIPTION The site is in the Tar - Pamlico River drainage basin and drains to Boyd Creek: 29- 19 -5(1); NSW, C. As is typical in this area, file site is very flat with multiple drainage ditches (that mostly run north- south) to keep the site dry enough for agricultural activities. The drainage ditches flow to the perimeter of the site to larger ditches along the property boundary. An unbuffered water feature (sce NCDF.NR Determination letter included in this package) canal flows west to east and crosses the site approximately 1/3 of the property length north of the south property line. In general, the flow patterns are to the west and to the north and south to the unbuffered feature. A small portion of flow is directed to the east. to the existing ditch along White Post Road. As part of this project, all but one of the existing ditches will filled with the existing ditch labeled EX 7 that runs north/south remaining. Approximately, 11 news swales (labeled S 1 -S 11) running east/west will be constructed. The new swales S1 -S8 will flew to the existing ditch FX 7 Swales S9 -S i 1 wr11 now west to the perimeter ditch labeled EX 4 The solar panels are to be mounted above ground and are therefore counted as ' pervious area as grass will be planted and maintained around and under all panels. Total new impervious area added will total 16.372 sf (0.44% of the site) and will consist of 20 — 500 sf eoncrcte transformer /inverter pacts, a 20' x 20' maintenance shed and approximately 5,972 sf of gravel to be included on 2 culverts /drives For crossing the unbuffered feature. Note. PCN's will need to be obtained for the US Army Corp of Engineers for these crossing and will be provided when received The new impervious area will be spread throughout the entire project site with no 1 1 k more than 5,000 sf in any drainage area with the typical impervious area for any drainage area of 500 -1.000 sf. Stormwater runoff from the impervious areas --.1H sheet flow across the Qrassed field before entering the swales deciapp_ • -rtii ? ins, side slopes. Due to the agricultural type function of the new swales as they are replacing the existing ditches and the depth of the existing ditches they will dram to. the new swales will be constructed to a near fiat condition (just as the existing ditches). Thererbre, Table 41 under design Information on the Low Density Supplement dour not list Swale slope, velocity allowed, velocity actual or flow depth. Note, the C factor to each swale will remain at the pre - development value of 0.17 due to the limited new impervious areas added 3.0 PLANNED EROSION CONTROL AND SEDIMENTATION CONTROL PRACTICES A. Silt Soxx — Silt Soxx to be located in new swales and as required in ditches being filled B Silt Fence — Silt fence will be installed as may be required. C. Seeding - (refer to plan sheet C5.0 of the Plans for the seeding schedule). 4.0 EROSION CONTROL MAINTENANCE PLAN A. All erosion and sediment control practices will be checked for stability and operation following every runoff - producing rainfall, but in no case less than once every week Any needed repairs will be made immediately to maintain all practices as designed B. Sediment will be removed from the erosion control devices when storage capacity has been approximately 50 percent filled. C. All seeded areas will be fertilized, reseeded as necessary, and mulched according to specifications to maintain a vigorous. dense vegetative cover D. Also refer to maintenance requirements listed for each device on plans. 1 p 1 1 1 1 1 1 I 1 1 1 1 Appendix ,a. t rSGS MAP AND SOILS MAP 3-D TopuQuads Copyright E) 1949 DeLortme Yarmouth,NIE 040% Sourcc Data; USGS i-- -41011 Scalt: 1 : 12AU DeUil: 133 Datum: WGS84 0- !3 1 G, 0 zz T U1 iii IIN White P. st Rd White F, �1343' HuR 19 1342 Mill Field Rd ),21 cy,( r\ ol —N35`29�5' .a X?/ 3-D TopuQuads Copyright E) 1949 DeLortme Yarmouth,NIE 040% Sourcc Data; USGS i-- -41011 Scalt: 1 : 12AU DeUil: 133 Datum: WGS84 White Post Road �.. m w T� .,;, =1143 'It 1 1 Appendix B NCDENR — TAR- PAMLICO BUFFER DETERMh iATION LETTER 1 1 L' 1 1 1 1 r rCET�IR . . North Carolina Department of Environment Division of Water Quality Beverly Eaves Perdue Charles Wakid, RE Governor Keller Environmental LLC Mr. Jay Keller 7921 Haymarket Lane Raleigh, NC 27615 Director August 27; 2012 and Natural Resources Dee Freeman Secretary DWQ EXP# 12 -0789 Beaufort County Subject Property: White Post Road Solar Project Tar - Pamlico River Basin, Boyd Creek [TAR 07,19-5(l); NSW, C] On -Site Re- Determination for Applicability to the Tar - Pamlico River Riparian Area Protection Rules (15A NCAC 2B.0259)-EXPRESS REVIEW PROGRAM Dear Mr. Keller. On August 22, 2012 at your request, I conducted an on -site determination to review a drainage feature located on the subject property for applicability to the Tar - Pamlico Buffer Rules (15A NCAC 2B.0259) The feature is labeled as "12- 0789 A to 12 -0789 B" on the attached maps initialed by me on August 22, 2012. The Division of Water Quality (DWQ) has determined that the feature labeled as "12 -0789 A to 12 -0789 B" on the attached maps, and highlighted in red is not subject to the Tar Pamlico Buffer Rules. The stream determination begins at a roadway culvert passing under White Post Road (SR 1343), point 12 -0789 A (N 35° 29.913" W 76° 51.062 "), and continues up gradient to a second point 12 -0789 B (N 35° 29.954" W 76° 5123T') as shown on enclosed maps marked on the ground with yellow DWQ flagging The owner (or future owners) should notify the DWQ (and other relevant agencies) of this decision in any future correspondences concerning this property. This on -site determination shall expire five (5) years from the date of this letter Landowners or affected parties that dispute a determination made by the DWQ or Delegated Local Authority that a surface water exists and that it is subject to the buffer rule may request a determination by the Director. A request for a determination by the Director shall be referred to the Director in writing c% Karen Higgins, 1650 Mail Service Center Raleigh, NC 27699 -1650. Individuals that dispute a determination by the DWQ or Delegated Local Authority that "exempts" a surface water from the buffer rule may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. Applicants are hereby notified that the 60 -day statutory appeal time does not start until the affected party (including downstream and adjacent landowners) is notified of this decision. DWQ recommends that the applicant conduct this notification in order to be certain that third party appeals are made in a timely manner. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the North Carolina Divislon of Water Quality 943 Washington Square Mall Washington, NC 27889 Phone. 252 - 94884811 FAX. 252-946.9215 Internet: www ncwaterquality om An Equal Opporturuly l Affandve Adon Employer A uriallff one Carolina 1 1 1 1 1 1 1 1 i 1 1 1 1 1 1' 1' Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699 -6714. "[leis determination is final and binding unless you ask for a hearing within 60 days This letter only addresses the applicability to the buffer rules and does not approve any activity within the buffers. Nor does this letter approve any activity within Waters of the United States or, Waters of the State 'If you have any additional questions or require additional information please call Roberto Scheller jn the Washington Regional Office at (252) 948- 3940. incerely, For Charles dkid, P Attachments- Beaufort County Soil Survey map USGS Bath Quad map Goggle Earth map cc: DWQ 401/Wetland Express Unit DLM- WaRO File Copy Filename 12 -0789 4 _ +v? d t r i 1 , 3 -- ♦ti J L• � r •r:' �. [-' 1 [ 5 .� .1.t ' bpd" r _ - 39 B N 35 29-954' W 76 51.237' IT- will �}s4 s .r 24 For; ly p � w A x-- 1343 I9 1342 12 -0789 A Q N 35 29.913' _ 7� � W 76 51.062' 12-07$98 N 35 29.954' O r " .:r. _..._. -. .� '"445— xv W 76 51.237' .........."_ ° ► ,2p J 1343 O. a X21 iqw.,Quality (� 1Zi 's._ •4asVgvfffer JIV • a a s Name: BATH Location: 035' 29'52.48" N 076° 51'06.24" W Date: 8/27/2012 Caption: White Post Road Solar Project Scale: 1 inch equals 1000 feet Copyright (C) 1998, Maotech, lnc. � I I i Google earth North no Lr,,.. .,,,;niz:i Management Commission Divisi of Water Quality For in Buffer FlMewed by z t Energy g Renewal PARTNERS,LLC 1 1 0 Pre - Construction Notification Washington White Post Road Solar Farm ATTACHMENT D SEPA Finding of No Significant Impact 1 L 1 1 North Carolina Department of Administration Beverly Eaves Perdue, Governor Moses Carey, Jr, Secretary Ms Gail Mount North Carolina Department of Commerce Utilities Commission 4325 Mail Service Center Raleigh, North Carolina 276994325 November 5, 2012 Re: SCH File # 13 -E -4600 -0103; Application of Washington White Post Solar, LLC for Cert. to ' construct a 12.5 MW Solar Photovoltaic Electric Generating Facility in Beaufort Co. Docket #SP -2114, Sub 0. ' Dear Ms Mount: The above referenced environmental impact information has been reviewed through the State ' Clearinghouse under the provisions of the North Carolina Environmental Policy Act Attached to this letter are comments made in the review of this document. Because of the nature of the ' comments, it has been determined that no further State Clearinghouse review action on your part is needed for compliance with the North Carolina Environmental Policy Act The attached comments should be taken into consideration in project development Attachments ' cc: Region Q 1 Mailing Address - 1301 Mail Service Center Raleigh, NC 27699 -1301 Sincerely, Crystaa Best State Environmental Review Cleannghouse Telephone (919)807 -2415 Fax (919)733-9571 Slate Courier #51 -01-00 e-mail state clearinghouse @doa nc gov An Equal Opportunrty/Afrmotive Action Employer Location Address 116 West Jones Street Raleigh, North Carolina 1 1 1 i 1 1 1 1 1 1 1 1 1 1 I11 D; na 1e - l „tti i Cr ,T - 5 -, tiCd`E rarCn, n t'11 = Or Ci Cr Pic o'Y cntzi .ss,s,;wL-r- r ''n lJt't{ e;C Lss;,;t -n .; t "YC „o,:, ne11_v, :, -),r in-,)_rtr {li riVl” 1"'"Tt °'lt''� nc41cV✓ i'_%' Whit'_' Pcst SGiai, LL- for � - rttf—atC tC. Cu„,i OCL c 12 YI`,° A �J,c p{,JtO',ulLa ti?CTr C v°r l ratlr'^ ` Ctllt, '£ ,'' N `,',.'r, J; Ltillri. " „f. ^tur. \ _l "al RL-,C Ir(v h;5 mpieo -d r, - c -v,Cv r t Or tnl jrimrr -�atlor ;i! rJl to bU rirl2= i-avr- I"°rltiiled ')E' -, t- *!-,z,,, f `/ b,: icr,.. ed anc D,`2re;. u°_ner2, r Crrr,i?, °aC-- i``;C,° ?d r' t1iF(' 1.i I )f -- , 11 nr'i�t 1'_' I��,' : 5: ll, ''" -11 -c ?`C al- ,aCnic? tv "t'- cn frr- �' rase s.r bs-e LF• 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ••! t.� I• n wr r` • .3b art ._. yi, ___ -� L._�. ,,.. �, Y i.: r•.. �1 �l�l Lla (�t: a: .t.: rat ut S♦ _. .. Project Revim Fo -rn Project Number: 1.-1-0103 County: $eaufon Date Received: 30/04'201-1 Due date: 1E1129!0.- Project Description Environmental Review - Application of Washington White Oost Soar, LLC for Cert to construct a 12 5 MW Solar Photovoltaic Electric Generating Factlit\r w Beaufori Co. Docket #SP -2114, Sub G. View document at http / /ncuc. commerce .state.nc.us /docksrch.html, type SP -2114. Sub G View document at httpJlncuc commerce .state.nc.us /docksrch.htm1; type Sr -2114, Sub C 7 niS U olLc 1, hem L, revtewtA a� moicawd beam, Re2tonal Office Regtunal Office Area i In -House Revim r�shntlte y' 4tr 646 0.41011.- Mann, Ftsherte', — FayettnJlt. V tiNatcr �. /OrtZ1l1- Cr,4slal titana rtnezt i \,00te_�iliL .� Auutjr-Psotea�,i ` — \�.a:et Reti�urces �(�!mt _ _ .tr , y -i V 11rl�en(f:,t -- --- Walt Suj)ph, Satott 1 +an7 iGt ft . kecreat,or ate. Qua! "\ — 11 tmiou -Saien ( i Y V arc Mum - I t � t IL al_ ;li`- riotl5. f c,ie \,e r !I 1, ! kesoon,: i h� t, all aopltcaht: I i 'vo obiadtor to r'oiCLr a rropo�Lc, No C omrrrcn• — n;u Tla;n art 'rmattetn to wn l)ie L +e),tLrt — Clthc tsveco, o-a`ta,.r ommcnis) I l: rOt, I'aVe am ClUtStlot:S rlta ..,, comact i vn liardis(on a: h n hardttion`4 nedew 4,, oc or 125' I �� 1 (49-3842 l i I State of North Carolina Department of Environment and Natural Resources Reviewing Offce h ' INTERGOVERNMENTAL REVIEW - PROJECT COMMENTS Project Number. , — L� (3-3 Due Date �- ' After review of this project it has been detemuned that the ENR pernut(s) and/or approvals indicated may need to be obtained in order for this project to comply with North Carolina Law Questions regarding these permits should be addressed to the Regional Office indicated on the reverse of the form All applications, information and guidelines relative to these plans and permits arc available from the same Regional Office 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Normal Process Time PERMITS SPECIAL APPLICATION PROCEDURES or REQUIREMENTS (statutory time limit) ❑ t Pemut to construct & operate wastewater treatment Application 90 days before begin construction or award of construction facilities, sewer system extensions & sewer systems 30 days not discharging into state surface waters, contracts On -site inspection Post -application technical conkrence usual (90 days) NPDES - pemut to discharge into surface water and/or Application 180 days before begin activity On -site inspection. Pro - application ❑ permit to operate and construct wastewater facdrties conference usual Additionally, obtain permit to construct wastewater 90 -120 days discharging into state surface waters treatment facility- granted after NPDES Reply time, 30 days after receipt of (N /A) plans or issue of NPDES permit- whichever is later ❑ Water Use Permit Pre - application technical conference usually necessary 30 days MA) ❑ Well Construction Penny Complete applicaton must be received and permit issued pnor to the 7 days Installation of a well (15 days) Application copy most be served on each adjacent riparian property owner ❑ Dredge and Fill Permit O"ite inspection Pre- application conference usual Filling may require 55 days Easement to Fill from N C Department of Administration and Federal (90 days) Dredge and Fill Permit Permit to construct & operate Air Pollution Abatement Application must be submitted and permit received prior to ❑ facilities and/or Emission Sources as per 15 A NCAC constntaion and operation ofthe source If a permit is required man 90 days (2Q 0100 thru 2Q 0300) area without local zoning, then there are additional requirements and timelines (2Q 0113) Permit to construct & operate Transportation Facility as Application must be submitted at least 90 days prior to construction or per 15 A NCAC (2D 0800, 2Q 0601) modification of the source 90 days Any open burning associated with subject proposal must be in compliance with 15 A NCAC 2D 1900 molition or renovations of structures containing material must be m compliance with 15 A OVasbestos NCAC 20 1110 (a) (1) which requires notification and N/A 60 days Y removal prior to demolinon Contact Asbestos Commi (90 days) Group 919 - 707 -5950 ❑ Complex Source Perri required under 15 A NCAC 2D 0800 The Sedimentation Pollution Control Act of 1973 must be properly addressed for any land disturbing activity An erosion & dimentation control plan will be required if one or more acres to be disturbed Plan filed with proper Regional Office (Land Quality 20 days Section) At least 30 days before beginning activity A fee of S65 for the first acre or any pan of an we An express review option is (30 days) available with adi iuorial fees ❑ Sedimentation and erosion control must be addressed in accordance with NCDOT's approved program Particular attention should be given to (30 days) design and hnstallauon of appropriate perimeter sediment trapping devices as well as stable stormwater conveyances and outlets a On -site inspection usual Surety bond filed with ENR Bond amount vanes ❑ Mining Permit with type mine and number of acres of affected land Any arc mined greater 30 days than one acre must be permitted The appropriate bond must be received (60 days) before the permit can be Issued ❑ North Carolina Burning pemut On -sne inspection by N C Division Forest Resources if permit exceeds 4 days I day (N/A) LJ Special Ground Clearance Burning Permit - 22 On -site inspection by N C Division Forest Resources required "if more than five I day counties in coastal N C with organic soils acres of ground clearing activities are involved Inspections should be /A ) requested at least ten days before actual bum is planned " ❑ hl Refining Facilities N/A 90 -120 days (N/A) !f permit required, application 60 days before begin construction Applicant must hire N C qualified engineer to prepare plans inspect consirucuen certify construction is according to ENR approved plans May also region ❑ Dam Safety Permit pemut under mosquito control program And a 404 permit from Corps of 30 days Engineers An inspection of site is necessary to verify Hazard Classification A (60 days) minimum fee of 5200 00 must accompany the application An additional processing fee based on a percentage or the total project cost will be required unnn cmmnietinn i ; -C It7 Normal Process Time (statutory time limit) Questions regarding these permits should be addressed to the Regional Office marked below PERMIIS SPECIAL APPLICATION PROCEDURES or REQUIREMENTS 0 Wilmington Regional Office 2090 US Highway 70 610 East Center Avenue, Suite 301 File surety bond of $5 000 with ENR running to State of NC conditional that 10 days ❑ Permit to drill exploratory ml or gas well any well opened by drill operator shall, upon abandonment, be plugged NIA (910) 796 -7215 Geophysical Exploration Permit according to ENR rules and regulations p Winston -Salem Regional Office ❑ Application filed with ENR at least 10 days prior to Issue of permit 10 days Fayetteville, NC 28301 -5043 Raleigh, NC 27609 Application by letter No standard application form NIA (919) 791 -4200 (336) 771 -5000 Application fees based on structure size is charged. Must include descriptions 15.20 days ❑ State Lakes Construction Permit & drawings of structure & proof of ownership of riparian NIA Washington, NC 27889 ro art (252) 946 -6481 401 Water Quality Ceruficanon NIA 60 days (130 days) ❑ CAMA Permit for MAJOR development $250 00 fee must accompany application 55 days (150 days) ❑ CAMA Permit for MINOR development $50 00 fee must accompany application 22 days (25 days) Several geodetic monuments are located to or near the project area If any monument needs to be moved or destroyed, please notify :3 N C Geodetic Survey, Boa 27687 Raleigh, NC 27611 ❑ Abandonment of any wells, if regtured must be in accordance with Title 15A Subchapter 2C 0100 D Notification of the proper regional office is requested if "orphan" underground storage tanks (LISTS) are discovered during any excavation operation Compliance with 15A NCAC 214 1000 (Coastal Stormwater Rules) is required 45 days (N/A) Tar Pamlico or Neuse Riparian Buffer Rules required t Other comments (attach additional pages as necessary, being certain to cite comment authority) REGIONAL OFFICES Questions regarding these permits should be addressed to the Regional Office marked below D Asheville Regional Office rl Mooresville Regional Office 0 Wilmington Regional Office 2090 US Highway 70 610 East Center Avenue, Suite 301 127 Cardinal Drive Extension Swannanoa, NC 28778 D Mooresville, NC 28115 Wilmington, NC 28405 (828) 296 -4500 (704) 663 -1699 (910) 796 -7215 '0 Fayetteville Regional Office 0 Raleigh Regional Office p Winston -Salem Regional Office 225 North Green Street, Suite 714 3800 Barrett Drive, Suite 101 585 Waughtown Street Fayetteville, NC 28301 -5043 Raleigh, NC 27609 Winston - Salem, NC 27107 (910) 433 -3300 (919) 791 -4200 (336) 771 -5000 G/'Washington Regional Office 943 Washington Square Mall Washington, NC 27889 (252) 946 -6481 1 p CDENR pDivision of Waste Management Underground Storage Tani, Section pTO Lyn Hardison. Environmental Coordinator FROM Scott Bullock, Regional UST Supervisor , ` ` pCOPY Robert Davies. Coirective Action Branch Head DATE- October 15, 2012 pRE CDBG Environmental Review — Proposed White Post Solar, LLC for Certificate to construct a 12 5 -MW Solar Photovoltaic Electric Generating Facilm, in Beaufort County. NC pI searched the Petroleum Underground Storage Tank (UST) and Non -US T Databases and those databases did not include any Information concerning known and potential petroleum releases at the above noted location 1 reviewed the above proposal and determined that this project should not have an} adverse impact upon groundwater However, the following pcomments are pertinent to my review 1. The Washington Regional Office (WaRO) UST Section recommends removal of any abandoned or out -of -use p petroleum USTs or petroleum above ground storage tanks (ASTs) within the project area The UST Section Should be contacted regarding use of any proposed or on -site petroleum USTs or ASTs We may be reached at (252) 946 -6481 2 Any petroleum USTs or ASTs must be installed and maintained in accordance with applicable local, state. and federal p regulations For additional information on petroleum ASTs it is advisable that the North Carolina Department of Insurance at (919) 661 -5880 ext 239. USEPA (404) 562 -8761, local fire department, and Local Building Inspectors be contacted p3 Any petroleum spills must be contained and the area of impact must be properly restored Petroleum spills of significant quantity must be reported to the North Carolina Department of Environment & Natural Resources — Division of Waste Management Underground Storage Tank Section m the Washington Regional Office at (252) 946 - p 6481 4 Any soils excavated during demolition or construction that show evidence of petroleum contamination, such as p stained soil, odors, or free product must be reported immediately to the local Ftrc Marshall to determine whether explosion or inhalation hazards exist Also, notify the UST Section of the Washington Regional Office at (252) 946- 6481 Petroleum i ontarninaied soils must be handled in accordance with all applicable regulations p 5 Any questions or concerns regarding spills from petroleum USTs ASTs, or vehicles should be directed to the UST Section at (252) 946 -6481 pIf you have any questions or need additional information, please contact me at 252 -948 -3906 1 1 1 North Carolina oepartment of Environment and Natural Resowces Breathe mom Division or Air nuality MAN .Ira M r ME =M Smoke from Outdoor Fires is Unhealthy to Breathe and Pollutes the Air f , There ale a lot of misunderstandings about outdoor or open burn- ing in North Carolina Some people think its Oil( to burn trash in barrels because they've always done it that way It's not Others think it's always OK to bum leaves and branches in the fall But that's not so in cities and counties that pick up yard waste 8 The N C Division of Air Quality enforces the state open burning rules and many local governments have additional restrictions on outdoor fires Violating these rules can be expensive -- with fines Das high as $25 000 or more for serious cases or repast violations If It Doesn't Grow, Don't Burn It The basic message of the state open burning rule is simple Only leaves, branches and other plant growth can be burned — nQM_l%1_sg That means no trash, lumber tires or old newspapers If to cal pickup is available, you can't bum even leaves and branches Do not burn D Garbaee, paper and cardboard • Tires and other rubber products • Building materials including lumber and wood scraps D • Wire, plastics and synthetic materials • Asphalt shingles and heavy oils • Paints, household and agricultural chemicals • Buildings, mobile homes and other structures • Anything when the air quality forecast is Code Orange Red or Purple What is allowed under the law? Homeowners can bum yard trimmings d it s allowed under loca ordinances, no public pickup Is available and it doesn't cause a public nuisance Yard waste must riot include logs more than 6 inches in diameter and stumps Other allowable burning includes campfires D outdoor barbecues and bonfires for festive occasions Landowners or contractors also can bum vegetation to dear land or rights -of -way provided that • Burning is done on the site of origin • Prevailing winds areaway from built -up areas ano roads If winds are blowing towards public roads fires must be at least 250 feet away • Fires are at least 500 feet away from occupied buildings • Burning is done between B a m and 6 p m , and nothing is added outside of these hours Other occasions where open burning is allowed — with DAQ approval — include fires for training fire- fighting personnel managing forest lands or wildlife habitats controlling agricultural diseases and pests, and disposing of matendls generated by hurricanes, tornadoes and other natural disasters You may need a permit from the N C Forest Service or local governments before you bum even for allowable purposes However such permits do not excuse a person from following the DAQ s open- burning rules 1 1 t h� 1 ' Smoke Can Hurt You and Others Why does the state have such strict rules about open buming7 Because smoke and soot from outdoor fires can cause serious health problems and pollute the air Fires also can burn out of control destroying forests and burning down homes Smoke from a burning trash pile contains many pollutants that can cause senous health problems and damage the environment Although smoke from a fire may not bother you, it could be a nuisance and serious health threat for your neighbors, particularly it they have respiratory conditions such as asthma or emphysema Potential health elfetts include lung and eye irritation headaches, dizziness, asthma attacks, coughing and even death For more information on the health effects of pollution from open burning, see the U S Environmental Protection Agency s Web site, www epa govt, and do a word search for "open burning " ' Do not burn on "Air Quality Action Days," when forecasts are Code Orange, Red or Purple For air quality forecasts, go to www ncair org or call 1(888)784 -6224 Reduce, Reuse, Recycle ' A lot of open burning isn t necessary Brush can be composted, ground up for mulch, piled up for wildlife, OT lust left to rot Newspapers can be recycled Old attic junk can be given away for someone else to reuse By making a few sensible choices you can reduce the amount of throw- away material you create in the first place The possibilities are endless r 1 1 1 Take a look at what you ve decided to burn Isn't there something else you can do with it? For more information about reducing reusing or recycling waste, contact the Division of Environmental Assistance and Outreach at 1(877)623 -6748 or www ncenwronmentalassistance org Plan Ahead You don't need a special permit from the Division of Air Quality for allowable fires However, you may need a permit from your town or local forest ranger Open burning can be a nuisance, and local officials may establish rules to reduce that nuisance Check with local officials before you burn Open burning that Is more than 100 feet from your home and within 500 feet of a woodland normally requires a permit from the N C Forest Service The Forest Service does not charge for permits If you want to start an outdoor fire, contact a local forest ranger to find out if and how you can get a permit You also may contact the Forest Service headquarters at (919) 857 -4801 or visit its website, www ncforestservice gov/ The Forest Service is primarily concerned with fire danger, while the DAQ deals with air pollution Following one agency's regulations does not guarantee compliance with other agencies The N C Division of Air Quality is part of the N C Department of Environment and Natural Resources The DAQ is responsible for maintaining and improving the quality of North Carolina's air For more information about the division and laws for protecting air quality, visa the DAQ's website (www ncair org) or call one of our regional offices shown below North Carolina Department of Environment and Natural Resources Division of Air Quality - Regional Offices and Local Programs WAanrngton Regional Office 1252) 946 -6461 a 13 -01ea Re0i0081 Olrea LOW- 0"6-2012 NOTE Net To Beale Wilmington Regional OR¢e (910) 796 7215 s 'n 1(877)OPEN BURN (toll frees 1(877)673 6287 `� *M—Mality P For aaJidonat uoMea of tins o=u" xnwl am DWlsigr a Air Uwiiiq at (919)7tiT-W6 NCDFNR Otv Roved on reryded ppe Jonuary 20 2012 $' ,:3 1 1 1 1 1 1 1 1 1 1 1 1 f�Y,,,"d I • +, s 1,,, 7%i' L.'. H- !8 Cvsrn,, L,1, Iro,T'Slv'It'll D vl,, or of Hn, a o11-rler,al 41 ,,sta' c_ s, m z-. -�1 FR0k: `✓,1 -1, — QOM! .'2:11111t-`T`.,Oa -T I.c' • r v I t DA- i idi�ltd' ., C} ?`�e'�'i- alt "•G j TC)�' il"" ` JE.. ^ ";T. C'or.'Ille Denric Gollc:at3r._ rac3:'T. L3eaa; 1 1 1 1 1 1 1 NORTH CAROLINA STATE CLEARINGHOUSE DEPARTMENT OF ADMINISTRATION INTERGOVERNMENTAL REVIEW COUNTY: BEAUFORT H11 ENE QY RELATED FACIA XTIZ§ACTIVITIFS Sj i OCT 0 4 2011 MS RENEE GLEDHILL- EARLEY CLEARINGHOUSE COORDINATOR DEPT OF CULTURAL RESOURCES STATE HISTORIC PRESERVATION OFFICE MSC 4617 - ARCHIVES BUILDING RALEIGH NC REVIEW DISTRIBUTION CC &PS - DIV OF EMERGENCY MANAGEMENT DENR - COASTAL MGT DENR LEGISLATIVE AFFAIRS DEPT OF AGRICULTURE DEPT OF CULTURAL RESOURCES DEPT OF TRANSPORTATION MID EAST COMMISSION PROJECT INFORMATION APPLICANT• N C Dept of Commerce TYPE State Environmental Policy Act Environmental Review 1olla�t} >, wk, I,> STATE NUMBER. 13 -E -4600 -0103 DATE RECEIVED• 10/03/2012 AGENCY RESPONSE. 10 /29/2012 REVIEW CLOSED: 11/02/2012 Ua- 13 . �0f 1 /rz, 61- �' L/ DESC• Application of Washington White Post Solar, LLC for Cert to construct a 12 5 MW Solar Photovoltaic Electric Generating Facility in Beaufort Co. Docket #SP -2114, Sub 0. View document at http / /ncuc commerce .state.nc.us /docksrch.html; type SP -2114, Sub 0 - Located at 853 White Post Road, Bath, NC The attached pr03ect has been submitted to the N. C. State Clearinghouse for intergovernmental review Please review and submit your response by the above indicated date to 1301 Mail Service Center, Raleigh NC 27699 -1301. If additional review time is needed, please contact this office at (919)807 -2425 ' AS A RESULT OF THIS REVIEW THE FOLLOWING IS SUBMITTED: ❑ NO COMMENT 9 COMMENTS ATTACHED SIGNED BY. -�.Q�, 4 L1,(�Q DATE' t! DD N 1 OCT 0 5 2012 `; f flCT 2012 " "Y- MOM N 1 OCT 0 5 2012 1 1 I 1 1 1 1 1 u 1 -i .J,, - North Carolina Department of Cultural Resources State Historic Preservation Office Ramona \f Banos, Administrator flexerk Hates Perdue,(juvernur Lnda A Carhsle, Secretan JeffreN J Cr", Depun Secretan October 18, 2012 Brian Stillman Washington White Post Solar, LLC 139 East Fourth Street Mail Drop EX300 Cincinnati, OH 45202 =' OCT,20 12 r— ;r k, Office of Archnes and Iltston Unison of Historical Resources J)atid Brook, Director Re Washington White Post Solar Facility, 853 White Post Road, Bath, Beaufort County, CH 12 -1822 Dear Mr Stillman On October 4, 2012, we received notification of the above project from the State Clearinghouse There are no known archaeological sites within the proposed project area Based on our knowledge of the area, it is unlikely that any archaeological resources that may be eligible for inclusion in the National Register of Historic Places will be affected by the project We, therefore, recommend that no archaeological investigation be conducted in connection with this project The Cowell House, which was identified during the 1976 -77 and 2009 -2010 architectural surveys of Beaufort County, is located in the proposed project area However, the house appears to be in severely deteriorated condition and lacks the historic integrity necessary to be eligible for listing in the National Register of Histonc Places Therefore, we are aware of no historic properties that would be affected by the project and have no comments on the project as proposed The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800 Thank you for your cooperation and consideration If you have questions concerning the above comment, please contact Renee Gledhill - Earley, environmental review coordinator, at 919 -807 -6579 In all future communication concerning this project, please cite the above - referenced tracking number Sincerely, Ramona M Bartos cc State Clearinghouse Location 109 f ast Jones Street, Ralugh NC 27601 MathngAddmss 4617 NU tienicc ( enter, Raleigh NC 27699 4617 Tekphone /Fax. (919) 807 - 6570/807 -6599 L 1 I 1 1 1 Fj 1 Energy Renewal PARTNERS, LLC Pre - Construction Notification Washington White Post Road Solar Farm ATTACHMENT E Endangered Species Table List of Threatened and Endangered Species Site Washington White Post Solar Farm Couty Beafort Topographic Quadrangle Bath, NC Data Source NC Natural Heritage Program Online Database Data Obtained November 8, 2012 - d i Energv Renewal PARTNERS, LLC STATE FEDERAL TOPO MAP TAXONOMIC GROUP SCIENTIFIC NAME COMMON NAME STATUS STATUS STATUS HABITAT COMMENT SITE COMMENT ! i (Vertebrate Animal Acipenser brevirostrum Shortnose Sturgeon E E Obscure brackish water of large rivers and estuaries, Site consists of acrigultural fields and does not contain this spawns in freshwater areas habitat Vertebrate Animal Canis rufus Red Wolf SR E, XN Current swamps, pocosins, extensive forests Site consists of acrigultural fields and does not contain this habitat I I mature forests near large bodies of water (for Site consists of acrigultural fields and does not contain this# Vertebrate Animal Haliaeetus leucocephalus Bald Eagle T N/A Current nesting), lakes and sounds [nesting sites, regular habitat non - breeding sites] { salt or brackish marshes (endemic to North Site consists of acrigultural fields and does not contain this Vertebrate Animal Nerodia sipedon williamengelsi Carolina Watersnake SC N/A Current Carolina) habitat Site consists of acrigultural fields and does not contain this, Vertebrate Animal Picoides borealis Red - cockaded Woodpecker E E Historical mature open pine forests mainly in longleaf pine , habitat Species is only known in this topo quad I [breeding evidence only] historically�� Site consists of acrigultural fields and does not contain this Vertebrate Animal Trichechus manatus West Indian Manatee E E Current warm waters of estuaries and river mouths habitat Key E - State or Federally Endangered T - State or Federally Endangered SR - State Significantly Rare E, XN - Federal Experimental, Non - Essential SC Federal Special Concern N/A - Not federally listed 1 1 1 1 1 1 1 1 1 1 1 1 Energy Renewal, PARTNERS,LLC Pre - Construction Notification Washington White Post Road Solar Farm ATTACHMENT F Cultural Resources Letter 1 1 1 1 I 1 1 1 I 1 North Carolina Department of Cultural Resources State Historic Preservation office Ramona Al 'Bartos, Admmistratar Bcvedy Perdue, (3aveinur Linda A ( rliatc, Sucrrrary )iffrey J Crrnv, Ucputy secretary October 18, 2012 Brian Stallman Washington White Post Solar, LLC 139 East Fourth Street Niail Drop E 300 OH 45202 ()fr,ce of Archers and I hstury i)tvision of I �toncal Rcsour� i)aN-id Broo),, I)ireetor Cincniinatn, ' ton White Post Solar Facility, 853 White Post Road, Bath, Beaufort County, CH 12-1822 Re: Washing Dear Mr. Stallman: Qn October 4, 2012, we received notification of theabove project from the State Clearinghouse. Based on our knowledge of the There are no known archaeological sites within the proposed project area r inclusion in the National Register of at may be, area, it is unlikely that any archaeologicaouces therefore, reeeommend that no archaeological investigation Historic Places will be affected by the Project. be conducted in connection with. this Project. tural surveys otas which was identified during the 1976-77 and 2000 -2010 aro eec' °f Beaufort T d The Cowell H e, County, is located ui the proposed project area Ho o be eligible for In sting in the Natiotnal Register of Historic condition and lacks the historic integrity any Places. Therefore, we a1e aware of no historic properties that would be affected by the project and have' no comments on the project as proposed. Preservation Act The ab ove comments are made pursuant to Section 106 of the National Historic Section 1n 06 codified t 36 CFR Advisory Council on Htstornc Preservation's Regulations for Compliance Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, y lease contact Renee Gledht�l- L'arley, environmental review Ve eferenced tracking number.In a fire P ec lease cite the ab comnmunicauon concerning this pro) P Sincerely, 6f'Ramona M. Bartos cc: State Clearinghouse LvCauor. 109 I;Ast jpncs S_t' Raletgit NC 27601 Madan$ Address 4617 NLul Scrt ice C.Wter. Ralaigit NCI 27699401 f 4 e,epu -.wr ...... miM MIMA70 /8WI -6599 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Energy Renewal PARTNERS,LLC Pre - Construction Notification Washington White Post Road Solar Farm ATTACHMENT G Agent Authorization Letter C 1 1 1 1 1 H 1 1 Re: Agent Authorization for: Property Address: Beaufort County PIN. Dear Mr. Wescott: Clean Water Act Section 404/401 Permitting Washington White Post Solar Farm 853 White Post Road Bath, Beaufort County, North Carolina 07023216 This letter is to inform you that Foxfire Farms, Inc & NBE Farms, Inc, registered property owner of the above referenced real property, hereby grants permission to Washington White Post Solar, LLC, a subsidiary of Duke Energy, and its consultant, Energy Renewal Partners, LLC to act on my behalf and take all actions necessary to request a jurisdictional determination (preliminary or final) and for the processing, issuance, and acceptance of this Clean Water Act Section 404/401 authorization and any and all standard and special conditions attached. If you have any questions, feel free to contact me at the phone number below. With best regards, By: v - Larry Boyd Foxfire Farms, Inc. & NBE Farms, Inc. 837 Beaver Dam Road Pinetown, NC 27865 252- 943 -5683 November 2, 2012 Mr. William Wescott US Army Corps of Engineers Washington Regulatory Field Office ' 2407 West Fifth Street Washington, NC 27889 1 1 1 H 1 1 Re: Agent Authorization for: Property Address: Beaufort County PIN. Dear Mr. Wescott: Clean Water Act Section 404/401 Permitting Washington White Post Solar Farm 853 White Post Road Bath, Beaufort County, North Carolina 07023216 This letter is to inform you that Foxfire Farms, Inc & NBE Farms, Inc, registered property owner of the above referenced real property, hereby grants permission to Washington White Post Solar, LLC, a subsidiary of Duke Energy, and its consultant, Energy Renewal Partners, LLC to act on my behalf and take all actions necessary to request a jurisdictional determination (preliminary or final) and for the processing, issuance, and acceptance of this Clean Water Act Section 404/401 authorization and any and all standard and special conditions attached. If you have any questions, feel free to contact me at the phone number below. With best regards, By: v - Larry Boyd Foxfire Farms, Inc. & NBE Farms, Inc. 837 Beaver Dam Road Pinetown, NC 27865 252- 943 -5683