20200525 Ver 1_Riparian Buffer Authorization Request_20200416

Buffer Authorization Application Form
15ANCAC 02B .0233 (8)(b), .0243 (8)(b), .0250 (11)(b), .0259 (8)(b), .0267 (11)(c), .0607 (e)(2) Buffer Authorization Online Fo
Update 10/23/2018
Original Submittal 4/16/2020
A. Owner/Applicant Information
General Information
Primary Contact Email:* [e-mail]
Rease list the contact person's en -ail for questions or payrrent on this project if needed.
Who is submitting the application?* r Owner
W Applicant other than Owner
r Agent
Is there an agent working on this application r Yes
but not submitting it? r No
1. Property Owner Information:
la. Name on Recorded Deed:*
1b. Responsible Party:
1c. Mailing Address:*
1d. Telephone:* [phone]
Mark A. McCoy
(for Corporations)
Street Address
150 Mark McCoy Rd
Address Line 2
aty
State / Ftovince / Fbgion
Cove City
North Carolina
Fbstal / Zip Code
Country
28523
United States
le. Email Address:*
[e-mail]
2. Applicant's Information (if different from owner):
2a. Name: Sweet Tea Solar, LLC
2b. Company Affiliation:
2c. Mailing Address: Street Address
1447 South Tryon Street
Address Line 2
Suite 201
aty
Charlotte
Rbstal / Zip Code
28203
2d. Telephone: [phone]
2e. Email Address: [e-mail]
State / Frovince / Fegion
North Carolina
Country
United States

B. Project Information and Prior Project History
1. Project Information
1 a. Name of Project: * Sweet Tea Solar, LLC
(Subdivision, facility, or establishrrent narre)
1b. Is this a publicly -funded transportation project?*
r Yes
G No
1d. Subdivision Name:
1e. Nearest New Bern
Municipality:
1f. Property Size: 27.83
acres
1g. County (or Counties) where the project is located:*
1 h. Property ID# Date of Purchase
8-222-025
Tax RN or Parcel id
1 i. Deed Information
Type of Book IF
Book# Page#
Deed 595 394
Map
E--
1j. Attach a copy of the recorded map that indicates when the lot was last platted.
Click the upload button or drag and drop files hereto attach docurrent
FDF only
1k. How would you like to provide the Latitude and Longitude information?*
r Address Lookup
t: Manually
Latitude * 35.160024 Longitude *-77.132597
11. Is the project located in any of North Carolina's twenty coastal counties?*
r Yes
r No
1m. Is the project located within a NC Division of Coastal Management Area of Environmental Concern (AEC)?
r Yes
r No
2. Surface Waters
2a. Name of the nearest body of water to proposed project:*
Caswell Branch

2b. Water Quality Classification of nearest receiving water:*
C; Sw, NSW
2c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:*
679
(linear feet only)
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 project area consists of three parcels: 8-222-025, 8-222-187, and 8-222-187.
The interior of the parcels consists of agricultural fields, wooded land, ditches, and
a stream. The agricultural fields are located in the northwest portion of the project
area. The wooded land is located in the southern half and northeastern corner of
the project area. The ditches are located along the northern boundary, eastern
boundary, and in the center portion of the parcel with PIN 8-222-025. A stream is
located in the center of the parcel with PIN 8-222-025. The stream is an unnamed
tributary to Caswell Branch and transects the central portion of the parcel and flows
north. The majority of the riparian buffer and vegetation surrounding the stream
consists of agricultural fields.
Agricultural fields are to the north and northeast. Wooded land and residential
property are adjacent to the west and east. Commercial property is adjacent to the
south of the parcel.
3b. Attach an 8'/2 x 11 excerpt from the most recent version of the USGS topographic map indicating the location of the site.
pick the upload button or drag and drop files here to attach docunent
200128_1089 USGS Topo Map.pdf 257.86KB
FDF only
3c. Attach an 8 % x 11 excerpt from the most recent version of the published County NRCS Soil Survey Map depicting the
project site.
(lick the upload button or drag and drop files here to attach docunent
20200128_1089 USGS_Soil_Map.pdf 398.36KB
FDF only
4. Proposed Activity
Provide a detailed description of the proposed activity including its purpose and include the type of equipment to be used:*
The project area will be used to develop a utility -scale solar power facility. The
activities within the riparian buffer will consist of clearing vegetation (not grubbed),
removing vegetation (grubbed and reseeded), and installing the project perimeter
fence.
Attach a site plan as applicable to the project:
(lick the upload button or drag and drop files here to attach docunent
1089- Sweet Tea - Channel Buffer Impact Exhibit -
1.48MB
(Revision3 - 4.15.20).pdf
FDF only
5. Jurisdictional Determinations
5a. Have jurisdictional wetlands or stream determinations by the Corps or State been requested or obtained for this
property/project (including all prior phases) in the past?*
t: Yes
r No
5b. Who did the determination on the jurisdictional areas?
Who did the determination? List name if known 11 Date Attach

Corps Emily B. Thompson 03/31/2020
(brre if known) SA.. 1
I
LJD
only
*** Please include the date of the determination and upload a copy of the determination.
Comments:
6. Project History
6a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past?*
r Yes
o No
7. Future Project Plans
7a. Is this project a phased project?* C Yes
o No
C. Proposed Impacts Inventory
Buffer Impacts
Project is in which protected Basin?*
t: Neuse River Basin (15A NCAC 02B.0233)
r Catawba River Basin (15A NCAC 02B.0243)
r Randleman Lake Watershed (15A NCAC 0213.0250)
r Tar -Pamlico River Basin (15A NCAC 02B.0259)
f Jordan Lake Watershed (15A NCAC 02B.0267)
r Goose Creek Watershed (15A NCAC 02B.0606 & 15A NCAC 02B.0607)
Individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form.
Site# - Reason
Stream Name
Buffer Impact*
Impact Type *
Zone 1
Zone 2
Area to have
Temporary
Allowable
12,520
2,870.
vegetation cleared
(T)
.00
00
but not grubbed
Perm orTerrp
Square
Square
Ivbp label (e.g. Finad
Feet
Feet
Crossing 1)
Area to have
Temporary
Allowable
2,832.
93.00
vegetation
(T)
00
Square
removed, grubbed
Perm orTerrp
Square
Feet
and reseeded with
Feet
turfgrass
lvbp label (e.g. Road
Crossing 1)
11
Total Zone 1 Impacts: 15,352.00
Total Zone 2 Impacts: 2,963.00
Total Buffer Impacts: 18,315.00

Comments:
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project.*
The tree cutting is required for the installation and operation of the solar power
facility. For the majority of the impacted area, the vegetation will be cleared but not
rubbed and the re -growth of the vegetation will be managed for height. The fence is
located in Zone 2.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Only in a small area of the impacted area will the vegetation be removed and
grubbed. This area will be re -seeded with turfgrass. The fence is located in Zone 2.
E. Diffuse Flow Plan
1a. What type of SCM are you providing?*
r- Level Spreader
r Vegetated Conveyance (lower SHWT)
r Wetland Swale (higher SHWT)
W Proposed project will not create concentrated stormwater flow through the
buffer
r- Other SCM that removed minimum of 30% nitrogen
1c. Diffuse Flow Documentation*
F. Supplementary Information
Environmental Documentation
nick the upload button or drag and drop files here to attach docurrent
sweettea_1089_PCA_11-13-2019. pdf 1.32MB
RDF only
1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?
f Yes
r No
Violations
2a. Is the site in violation of DWR Wetland Rules (15A NCAC 02H .0500), Isolated Wetland Rules (15A NCAC 02H .1300), DWR
Surface Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC 02B .0200)?
f Yes
r No
2b. Is this an after -the -fact buffer authorization application?
r Yes
r No
G. Additional Information
Please upload any additional information you would like the Division to consider during application review.
Additional Attachments: dick the upload button or drag and drop files here to attach docurrent
RDF only
Additional Comments:
0

There are no proposed underground or above ground storm drainage systems
planned for the project and all ebsting drainage patterns will stay the same.
H. Sign and Submit
....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
By digitally signing below, I certifythat:
o I have given true, accurate, and complete information on this form;
o I agree that submission of this form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic
Transactions Act')
o I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic
Transactions Act');
o I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
• I intend to electronically sign and submit the application form."
Print Name:* Jon Burke
Signature
Submission Date: 4/16/2020
(Auto populated field)

Initial Review
Is this accepted into the review process?*
Is this project a public transportation
project?*
ID#*
Version:*
Select Reviewer:
Select Reviewing Office*
Has payment been received?*
O Yes O No
O Yes
O No
20200525
1
David May:eads\dlmay
Washington Regional Office - [phone]
C No Payment Needed
r Fee Received
r Need Fee - send electronic notification

The National Map Advanced Viewer
USGS The National Map: National Boundaries Dataset, 3DEP Elevation
Program, Geographic Names Information System, National Hydrography
Dataset, National Land Cover Database, National Structures Dataset, and
National Transportation Dataset; USGS Global Ecosystems; U.S. Census
Sweet Tea Solar - Boundary
1/28/2020, 11:27:43 AM
0 0.25 0.50.13 mi
0 0.4 0.80.2 km
1:18,056
USGS
USGS The National Map: National Boundaries Dataset, 3DEP Elevation Program, Geographic Names Information System, National Hydrography Dataset, National Land Cover Database, National
Soil Map—Craven County, North Carolina
(Sweet Tea Solar, LLC (1089))
Natural Resources
Conservation Service
Web Soil Survey
National Cooperative Soil Survey
1/28/2020
Page 1 of 338923003892400389250038926003892700389280038929003893000389310038932003892300389240038925003892600389270038928003892900389300038931003893200305400305500305600305700305800305900306000
305400 305500 305600 305700 305800 305900 306000
35° 9' 47'' N 77° 8' 15'' W35° 9' 47'' N77° 7' 46'' W35° 9' 16'' N
77° 8' 15'' W35° 9' 16'' N
77° 7' 46'' WN
Map projection: Web Mercator Corner coordinates: WGS84 Edge tics: UTM Zone 18N WGS84
0 200 400 800 1200
Feet
0 50 100 200 300
Meters
Map Scale: 1:4,670 if printed on A portrait (8.5" x 11") sheet.
Soil Map may not be valid at this scale.
MAP LEGEND MAP INFORMATION
Area of Interest (AOI)
Area of Interest (AOI)
Soils
Soil Map Unit Polygons
Soil Map Unit Lines
Soil Map Unit Points
Special Point Features
Blowout
Borrow Pit
Clay Spot
Closed Depression
Gravel Pit
Gravelly Spot
Landfill
Lava Flow
Marsh or swamp
Mine or Quarry
Miscellaneous Water
Perennial Water
Rock Outcrop
Saline Spot
Sandy Spot
Severely Eroded Spot
Sinkhole
Slide or Slip
Sodic Spot
Spoil Area
Stony Spot
Very Stony Spot
Wet Spot
Other
Special Line Features
Water Features
Streams and Canals
Transportation
Rails
Interstate Highways
US Routes
Major Roads
Local Roads
Background
Aerial Photography
The soil surveys that comprise your AOI were mapped at
1:24,000.
Warning: Soil Map may not be valid at this scale.
Enlargement of maps beyond the scale of mapping can cause
misunderstanding of the detail of mapping and accuracy of soil
line placement. The maps do not show the small areas of
contrasting soils that could have been shown at a more detailed
scale.
Please rely on the bar scale on each map sheet for map
measurements.
Source of Map: Natural Resources Conservation Service
Web Soil Survey URL:
Coordinate System: Web Mercator (EPSG:3857)
Maps from the Web Soil Survey are based on the Web Mercator
projection, which preserves direction and shape but distorts
distance and area. A projection that preserves area, such as the
Albers equal-area conic projection, should be used if more
accurate calculations of distance or area are required.
This product is generated from the USDA-NRCS certified data as
of the version date(s) listed below.
Soil Survey Area: Craven County, North Carolina
Survey Area Data: Version 22, Sep 16, 2019
Soil map units are labeled (as space allows) for map scales
1:50,000 or larger.
Date(s) aerial images were photographed: Mar 7, 2015—Oct 30,
2017
The orthophoto or other base map on which the soil lines were
compiled and digitized probably differs from the background
imagery displayed on these maps. As a result, some minor
shifting of map unit boundaries may be evident.
Soil Map—Craven County, North Carolina
(Sweet Tea Solar, LLC (1089))
Natural Resources
Conservation Service
Web Soil Survey
National Cooperative Soil Survey
1/28/2020
Page 2 of 3
Map Unit Legend
Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI
CrB Craven silt loam, 1 to 4 percent
slopes
0.4 1.2%
La Leaf silt loam 27.6 90.1%
Le Lenoir silt loam 2.7 8.7%
Totals for Area of Interest 30.7 100.0%
Soil Map—Craven County, North Carolina Sweet Tea Solar, LLC (1089)
Natural Resources
Conservation Service
Web Soil Survey
National Cooperative Soil Survey
1/28/2020
Page 3 of 3
400204080SCALE: 1"=40'Corp. NC License: F-1320Alfred Benesch & Company2359 Perimeter Pointe Parkway, Suite 350Charlotte, NC 28208 www.benesch.comP 704.521.9880CHANNEL BUFFER IMPACT EXHIBITGREENGO ENERGY US, INC.1447 S. TRYON STREETSUITE 201CHARLOTTE, NC 28203+1 (866) 877-077850' NEUSE RIVER BUFFER.TOP OF BANKNEW PERIMETER FENCEAREA TO BE HAVE VEGETATION CLEARED,BUT NOT GRUBBED. RE-GROWTH TO BEMANAGED FOR HEIGHTAPPROX. AREA = 12,520 SF (ZONE 1)2,870 SF (ZONE 2)AREA TO HAVE VEGETATIONREMOVED, GRUBBED ANDRE-SEEDED WITH TURFGRASSAPPROX. AREA = 2,832 SF (ZONE 1)93 SF (ZONE 2)20'30'1089 SWEAT TEA SOLAR, LLC
BEAMAN ROAD - NCSR 1420PUBLIC R/W (Gravel)(60' R/W per DB 1484, PG 960 (Map)S
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115 HERITAGE CROSSINGSNOW HILL, NC 28580PHONE: [phone]&Professional Land SurveyingFAX: [phone]ARROW, PABARROWBwww.barrowandbarrow.comSURVEYOR'S CERTIFICATIONPRELIMINARY PLAT: NOT FOR RECORDATION,CONVEYANCES, SALES OR CONSTRUCTIONLEGENDVICINITY MAPFEATURESMONUMENTATIONAREA DATAParcel 1 0.363 acres±Parcel 2 27.829 acres±Parcel 32.820 acres±SITE DATAParcel 1Owner: Mark A. McCoySource of Title: Deed Book 1230, Page 738Parcel ID Number: 8-222-187Parcel Reference: 41779Parcel 2Owner: Mark A. McCoySource of Title: Deed Book 595, Page 394Parcel ID Number: 8-222-025Parcel Reference: 30697Parcel 3Owner: Sweet Tea Solar, LLCSource of Title: Deed Book 3588, Page 1329Parcel ID Number: 8-222-700Parcel Reference Number: 54493FLOOD INFORMATIONThe area represented by this plat does notlie within a flood hazard according toFEMA Map Number 3720554000J,effective date 07/02/2004. Property isdesignated as Zone X.WSPARCEL 10.363 ACRES ±EXCLUDING R/WINCLUDING DEP EASEMENTBY COMPUTERPARCEL 227.829 ACRES ±EXCLUDING R/WBY COMPUTERPARCEL 32.820 ACRES ±BY COMPUTERAREA CHARTPOST2POSTPURLIN_MARKPURLIN_LENGTHPURLIN_HEIGHT#MODULES_WIDE#PURLINSTILTTOP_CHORDLOWER_BRACEUPPER_BRACEMINIZ_LENGTHBALLAST_LENGTHBALLAST_WIDTHBALLAST_HEIGHTPOST_LENGTH1POST_LENGTH2
NOTES1. The purpose of this survey is to show the pre-construction features for the design of a Solar Facility that will be located on the property described inthose deeds recorded in Deed Book 1230, Page 738, Deed Book 595, Page 394 and Deed Book 3588, Page 1329, Craven County Registry.2. Subject Property has direct access to Stevenson Road (NCSR 1419).3. The Lease Area acreage has not been determined at the time of this survey.4. Any underground utilities shown on this plat were plotted from information given to me by others.5. The reference bearing for this drawing is based upon the North Carolina State Plane Coordinate System, NAD 83/2011.6. All distances shown are horizontal ground distances.7. At the time of this survey, there was no evidence found of a cemetery or burial ground.8. At the time of this survey, no earth moving activity or construction was being performed.9. At the time of this survey, the undersigned surveyor was not aware of any changes in street right-of-way lines.10. At the time of this survey, there was no evidence of site use as a solid waste dump, sump or sanitary landfill.11. At the time of this survey, there was no evidence of a building within surveyed area.12. Any underground improvements shown are based upon surface evidence only. This surveyor will not certify or assume liability for the presenceand/or location of buried or non-visible improvements.13. There were no wetlands present on Subject Property according to a report by Envirotrac Environmental Services entitled "Wetlands Investigation andLimited NEPA Report" - Sweet Tea Solar, LLC - Site 1089, 380-658 Stevenson Road, New Bern, Craven County, North Carolina 28562", datedSeptember 2019. This surveyor cannot certify as to the accuracy or completeness of wetlands marked by others.14. This survey is intended only for the named party or parties as shown hereon, no warranties are hereby implied or granted to any other party for anypurpose.15. Visible, potential encroachments shown hereon: utility poles and lines serving others.- BOUNDARY AND TOPOGRAPHIC SURVEY - SWEET TEA SOLAR, LLC- STEVENSON ROAD NE: BERN NC NU0BER  TO:NSHIP CRAVEN COUNTY NORTH CARO/INATTOTAL31.012 ACRES ±EXCLUDING R/WINCLUDING DEP EASEMENTBY COMPUTERDEP EASEMENT0.056 ACRES ±EXCLUDING R/WBY COMPUTERPARCEL 1Beginning at an axle located in the southwestern right-of-way of Beaman Road (NCSR1420), said axle being located N 11°07'09" E 174.93' from NCGS Marker "Hopie Az Mk" withNAD 83(2011) coordinates of N:516,532.1625 and E:2,557,073.0519;Thence, along and with the northeastern right-of-way of Beaman Road (NCSR 1420) thefollowing two (2) courses and distances: 1) N 50°19'29" W 30.19' to a new iron pipe and 2)N 50°19'29" W 28.05' to a new iron pipe; thence, leaving the northeastern right-of-way ofBeaman Road (NCSR 1420) N 32°42'19" E 266.89' to a new iron pipe; thence S 50°26'25" E61.05' to an existing iron pipe in a ditch; thence S 33°24'24" W 22.69' to an existing iron pipein a ditch; thence S 33°17'56" W 160.23' to a new iron pipe; thence S 33°17'56" W 83.77' tothe Point of Beginning, containing 0.363 acres, more or less.PARCEL 2Beginning at an existing iron pipe in a ditch, said iron stake being located the following four (4)courses and distances from NCGS Marker "Hopie Az Mk" with NAD 83(2011) coordinates ofN:516,532.1625 and E:2,557,073.0519: 1) N 11°07'09" E 174.93' to an axle located in thesouthwestern right-of-way of Beaman Road (NCSR 1420), 2) N 33°17'56" E 83.77' to a new ironpipe, 3) N 33°17'56" E 160.23' to an existing iron pipe in a ditch and 4) N 33°24'24" E 22.69' tothe Point of Beginning;Thence N 50°26'25" W 61.05' to a new iron pipe; thence N 50°26'25" W 104.05' to an existingiron rebar; thence N 50°25'47" W 269.99' to an existing iron stake; thence N 39°30'16" E 796.18'to an existing iron stake; thence N 39°33'35" E 104.53' to an existing iron stake; thence N39°46'03" E 102.12' to an existing iron pipe; thence N 49°48'50" W 202.85' to an existing ironstake; thence N 44°45'08" E 210.10' to an existing iron stake; thence N 50°18'09" W 211.01' toan existing iron pipe located in the southeastern right-of-way of Stevenson Road (NCSR 1419);thence, along and with the northeastern right-of-way of Beaman Road (NCSR 1420) thefollowing two (2) courses and distances: 1) N 44°48'10" E 1064.23' to a new iron pipe and 2)with a curve turning to the right with an arc length of 152.86', with a radius of 1996.58', with achord bearing of N 47°08'56" E, with a chord length of 152.82' to a new iron pipe; thence with acompound curve turning to the right with an arc length of 152.86', with a radius of 1996.58',with a chord bearing of N 51°32'08" E, with a chord length of 152.82' to an existing iron stake;thence, leaving the northeastern right-of-way of Beaman Road (NCSR 1420), S 39°46'09" E387.16' to an existing iron pipe; thence S 27°49'25" W 86.97' to an existing iron pipe; thence,along and with the Sweet Tea Solar, LLC tract (Book 3588, Page 1329), S 32°51'48" W 526.54'to an existing iron pipe; thence S 32°49'04" W 1577.09' to an existing bent iron pipe; thence S33°14'44" W 331.62' to the Point of Beginning, containing 27.829 acres, more or less.PARCEL 3Beginning at an existing iron pipe, said iron pipe being located the following six (6) courses anddistances from NCGS Marker "Hopie Az Mk" with NAD 83(2011) coordinates ofN:516,532.1625 and E:2,557,073.0519: 1) N 11°07'09" E 174.93' to an axle located in thesouthwestern right-of-way of Beaman Road (NCSR 1420), 2) N 33°17'56" E 83.77' to a newiron pipe, 3) N 33°17'56" E 160.23' to an existing iron pipe in a ditch, 4) N 33°24'24" E 22.69' toan existing iron pipe in a ditch, 5) N 33°14'14" E 331.62' to an existing bent iron pipe and 6) N32°49'04" E 1577.09' to the Point of Beginning;Thence N 32°51'48" E 526.54' to an existing iron pipe; thence S 31°47'25" E 281.24' to anexisting iron pipe; thence S 26°35'37" W 376.53' to an existing iton pipe; thence S 63°17'43" E297.01' to the Point of Beginning, containing 2.820 acres, more or less.DEP EASEMENT (PROPOSED)Beginning at an axle located in the southwestern right-of-way of Beaman Road (NCSR 1420),said axle being located N 11°07'09" E 174.93' from NCGS Marker "Hopie Az Mk" with NAD83(2011) coordinates of N:516,532.1625 and E:2,557,073.0519;Thence, along and with the northeastern right-of-way of Beaman Road (NCSR 1420), N50°19'29" W 30.19' to a new iron pipe; thence, leaving the northeastern right-of-way of BeamanRoad (NCSR 1420), N 33°17'56" E 80.41' to a new iron pipe; thence S 56°42'04" E 30.00' to anew iron pipe; thence S 33°17'56" W 83.77' to the Point of Beginning, containing 0.056 acres,more or less.
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT

Action Id. 2019-02422 County: Craven U.S.G.S. Quad: NC- Jasper

NOTIFICATION OF JURISDICTIONAL DETERMINATION

Requestor: Sweet Tea Solar, LLC
Address: 1447 South Tryon Street, Suite 201
Charlotte, North Carolina 28203
Telephone Number: 434-996-0411

Size (acres) 30 Nearest Town New Bern
Nearest Waterway Bachelor Creek River Basin Neuse
USGS HUC 03020202 Coordinates Latitude: 35.16080
Longitude: -77.13288
Location description: The project area is located at 415 Stevenson Road, New Bern, NC. There is an unnamed tributary of
Caswell Branch that runs through the project area. Parcel Index Numbers: 8-222-025; 8-222-7000; 8-222-187

Indicate Which of the Following Apply:
A. Preliminary Determination
☒ There appear to be waters on the above described project area/property, that may be subject to Section 404 of the Clean Water
Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters have been
delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries
of these waters are shown on the enclosed delineation map dated 3/31/2020. Therefore this preliminary jurisdiction determination
may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of
impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a
preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they
are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program
Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable
action, by contacting the Corps district for further instruction.
☐ There appear to be waters on the above described project area/property, that may be subject to Section 404 of the Clean Water
Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters
have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process.
Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA
jurisdiction over all of the waters at the project area, which is not sufficiently accurate and reliable to support an enforceable
permit decision. We recommend that you have the waters on your project area/property delineated. As the Corps may not be able
to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can
be verified by the Corps.
B. Approved Determination

☐ There are Navigable Waters of the United States within the above described project area/property subject to the permit
requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act
(CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for
a period not to exceed five years from the date of this notification.
☐ There are waterson the above described project area/property subject to the permit requirements of Section 404 of the Clean
Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be
relied upon for a period not to exceed five years from the date of this notification.
☐We recommend you have the waters on your project area/property delineated. As the Corps may not be able to accomplish
this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by
the Corps.
☐The waters on your project area/property have been delineated and the delineation has been verified by the Corps. The
approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly suggest you have
this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey
2019-02422
will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in
the law or our published regulations, may be relied upon for a period not to exceed five years.
☐The waters have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official
identified below onDATE. Unless there is a change in the law or our published regulations, this determination may be relied
upon for a period not to exceed five years from the date of this notification.
☐ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
☒ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA).
You should contact the Division of Coastal Management in Morehead City, NC, at [phone] to determine their
requirements.

Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact Emily B. Thompson at [phone] or
[e-mail].

C. Basis For Determination: The unnamed tributary is connected to Caswell Branch that flows into
Bachelor Creek, a TNW.
D. Remarks: None.

E. Attention USDA Program Participants

This delineation/determination has been conducted to identify the limits of Corps’ Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.

F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B.
above)

This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you
must submit a completed RFA form to the following address:

US Army Corps of Engineers
South Atlantic Division
Attn: Phillip Shannin, Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801

In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by Not applicable.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**

Corps Regulatory Official: ______________________________________________________

Date of JD: 03/31/2020 Expiration Date of JD: Not applicable
2019-02422
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at
http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0

Copy furnished (via e-mail):

Agents: GreenGo Energy US, Inc.
Ms. René Pretorius
Mr. Jonathan Flemings
E-mail: [e-mail]
[e-mail]

*Property owners via agent authorization*

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Sweet Tea Solar, LLC File Number: 2019-02422 Date: 03/31/2020
Attached is: See Section below
☐INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A
☐PROFFERED PERMIT (Standard Permit or Letter of permission) B
☐PERMIT DENIAL C
☐APPROVED JURISDICTIONAL DETERMINATION D
☒PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at or http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx
or the Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
 ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
 OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
 ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
 APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
 ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
 APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.

SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)

ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
appeal process you may contact:
District Engineer, Wilmington Regulatory Division
Attn: Emily B. Thompson
Washington Regulatory Office
U.S Army Corps of Engineers
2407 West Fifth Street
Washington, North Carolina 27889

If you only have questions regarding the appeal process you may
also contact:
Mr. Phillip Shannin, Administrative Appeal Review Officer
CESAD-PDO
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 10M15
Atlanta, Georgia 30303-8801
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.

________________________________________
Signature of appellant or agent.
Date: Telephone number:

For appeals on Initial Proffered Permits send this form to:

District Engineer, Wilmington Regulatory Division, Attn: Emily B. Thompson, 69 Darlington Avenue, Wilmington, North
Carolina 28403

For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to:

Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Shannin, Administrative
Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: [phone]

Sweet Tea Solar, LLC
SAW-2019-02422
PJD map 3-31-2020
Created by Emily Thompson (USACE)
Legend
0 Parcel Boundaries (approx. 30 acres)
� Project Review Area (approx. 15.6 acres)
0>Unnamed Tributary (approx. 645 If)