HomeMy WebLinkAbout20200371 Ver 2_401 Application_20200507
May 7th, 2020
Ms. Emily Thompson
Regulatory Project Manager
US Army Corps of Engineers – Wilmington Field Office
69 Darlington Avenue
Wilmington, NC 28403
Subject: Nationwide Permit #18 Application for the proposed Arba Solar facility, Town of
Snow Hill, Greene County, North Carolina
Dear Ms. Thompson,
On behalf of Member EMC Solar Five, LLC, enclosed is a Nationwide Permit Application
(NWP) #18 – Minor Discharges for a proposed utility-scale solar site in Greene County,
North Carolina. The Arba Solar Site will be in an approximately 53-acre solar array within a
114-acre parcel located at 3666 HWY 903 S, Snow Hill, NC (property identification number
– 0800225). The Study Area consists of active agricultural fields with a vacant house in the
southern portion and contains an emergent wetland swale in the central portion of the Study
Area. The remainder of the land outside of the Study Area is not being impacted but
consists of both successional and mature mixed deciduous/coniferous forests and Tyson
Marsh along the eastern boundary.
A total of 0.049 acres of permanent non-wooded wetland impact would occur as part of this
project to provide two maintenance access roads across the emergent wetland swale (Site
Plan with proposed impacts attached in the ePCN Project Drawings section).
The project has initiated a PJD request and received the AID# SAW-2020-00520. NCDWR
staff Chris Pullinger visited the Site on March 30th, 2020 to review the area as a USGS
stream is mapped within the Study Area and concurred with TRC’s findings that only PEM
wetland is present. The NCDWR’s buffer determination letter is attached within this
application.
A completed and signed Pre-Construction Notification (PCN) form is enclosed, along with
site plans and other supporting maps and information as requested in the PCN.
Please do not hesitate to contact us with any questions or if you need any additional
information to process this request.
Sincerely,
Heather Patti, PWS
TRC Companies, Inc.
Heather Patti, PWS
TRC Companies, Inc.
5540 Centerview Drive, Suite 100
Raleigh, NC 27606
Phone: (262) 623-1079
E-mail: hpatti@trccomapnies.com
DWR
mrlslon of Water Resources
Pre -Construction Notification (PCN) Form
April 11, 2020 Ver 3.1
Initial Review
Has this project met the requirements for acceptance in to the review process?*
r Yes
r No
Is this project a public transportation project?*
G Yes r No
Change only if needed.
BIMS # Assigned
20200371
Is a payment required for this project?*
r No payment required
r Fee received
r Fee needed - send electronic notification
Reviewing Office *
Washington Regional Office - (252) 946-6481
Information for Initial Review
1a. Name of project:
Arba
1a. Who is the Primary Contact?*
Kagan DelRio
1b. Primary Contact Email:*
kagen.deirio@ncemcs.com
Date Submitted
5/7/2020
Nearest Body of Water
Tyson Marsh
Basin
Neuse
Water Classification
C;Sw,NSW
Site Coordinates
Latitude:
35.4199155467
A. Processing Information
County (or Counties) where the project is located:
Greene
Is this a NCDMS Project
r Yes r No
Longitude:
-77.7313052305
Is this project a public transportation project?*
r Yes r No
1a. Type(s) of approval sought from the Corps:
W Section 404 Permit (wetlands, streams and waters, Clean Water Act)
r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Version#*
2
What amout is owed?*
IT $240.00
r $570.00
Select Project Reviewer*
Robert Tankard:eads\rbtankard
1c. Primary Contact Phone:*
(919)875-3202
U
1b. What type(s) of permit(s) do you wish to seek authorization?
W Nationwide Permit (NWP)
r Regional General Permit (RGP)
r Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
r Yes r No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
W 401 Water Quality Certification - Regular
r Non-404 Jurisdictional General Permit
r Individual Permit
18 - Minor Discharges
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
F- 401 Water Quality Certification - E)press
r Riparian Buffer Authorization
1f. Is this an after -the -fact permit application?*
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
Acceptance Letter Attachment
1h. Is the project located in any of NC's twenty coastal counties?
r Yes r No
1j. Is the project located in a designated trout watershed?
r Yes r No
B. Applicant Information
1d. Who is applying for the permit?
r Owner W Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
r Yes r No
2. Owner Information
2a. Name(s) on recorded deed:
Pitt & Greene EMC; Attn: Mark Suggs
2b. Deed book and page no.:
728/560
2c. Responsible party:
Member EMC Solar Five, LLC
2d.Address
Street Address
3400 Sumner Blvd.
Address tine 2
city
Raleigh
Postal / Zip Code
27676
2e. Telephone Number:
(919)875-3202
2g. Email Address:*
kagen.deirio@ncemcs.com
State / Rwince / Ifgion
NC
Country
United States of America
2f. Fax Number:
r Yes r No
r Yes r No
3. Applicant Information (if different from owner)
3a. Name:
Kagen DelRio
3b. Business Name:
Member EMC Solar Five, LLC
3c.Address
Street Address
3400 Sumner Blvd.
Address Line 2
(Sty
State / Province / Fiegion
Raleigh
North Carolina
Postal / Zip Code
Country
27676
United States of America
3d. Telephone Number:
3e. Fax Number:
(919)875-3202
3f. Email Address:*
kagen.delrio@ncemcs.com
4. Agent/Consultant (if applicable)
4a. Name:
Heather Patti
4b. Business Name:
TRC Companies, Inc.
4c.Address
Street Address
5540 Centerview Drive
Address Line 2
Suite 100
city
State / Province / Fbgion
Raleigh
North Carolina
Postal / Zip Code
Country
27606
United States of America
4d. Telephone Number: 4e. Fax Number:
(262)256-6236
4f. Email Address:*
hpatti@trccompanies.com
Agent Authorization Letter*
Arba - Agent Authorization Form.pdf 233.7KB
C. Project Information and Prior Project History C^U
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality/ town:
Snow Hill
P ject Identification
2a. Property Identification Number:
0800225
2c. Project Address
Street Address
3666 HWY 903 S
Address Line 2
city
Snow Hill
Postal / Zip Code
28580
3. Surface Waters
2b. Property size:
114; Study Area = 53 acres
State / Province / Region
North Carolina
Country
United States of America
3a. Name of the nearest body of water to proposed project:*
Tyson Marsh
3b. Water Resources Classification of nearest receiving water:*
C;Sw,NSW
3c. What river basin(s) is your project located in?*
Neuse
3d. Please provide the 12-digit HUC in which the project is located.
030202030702 - Tyson Marsh-Contentnea Creek
4. Project Description and History
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:*
The Study Area is an approximately 53-acre portion of a 114-acre parcel located at 3666 State Hwy 903, approximately 3 miles southwest of the Town of Snow Hill in Greene County,
North Carolina. The Study Area consists of active agricultural fields with a vacant house in the southern portion. The remainder of the land outside of the Study Area consists of both
successional and mature mixed deciduous/coniferous forests and Tyson Marsh flowing along the eastern boundary, outside of the Study Area. Land use within the vicinity of the project
is generally agricultural land and low -density residential areas.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
r Yes r No r Unknown
4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR)
Figure 1 - Arba - Site Location and Topo_20200220.pdf
637.98KB
4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR)
Figure 2- Arba - Soil Survey Map Nationwide 18 Permit.pdf 575.55KB
4f. List the total estimated acreage of all existing wetlands on the property:
0.9 acres within Study Area; approximately 16 acres outside of Study Area
4g. List the total estimated linear feet of all existing streams on the property:
3600 ft of Tyson Marsh; no streams within Study Area.
4h. Explain the purpose of the proposed project:*
North Carolina Electric Membership Corporation (NCEMC) is a generation and transmission electric cooperative in North Carolina, providing reliable, affordable electricityto its 25-
member electric distribution cooperatives. NCEMC is creating new opportunities to incorporate alternative energy resources and energy services in ways that provide environmental
benefits and make economic sense.
The purpose of this project is to contribute to the statewide solar program by installing a 5MW, utility scale ground -mounted solar facility with 10 MWh of accessory batteries in the 53-
acre upland, agricultural portion of the 114-acre property in order to continue providing alternative, affordable energy for residents within the Pitt & Greene Electric Cooperative Service
Area.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The purpose of this project is to install a 5MW utility scale ground -mounted solar facility with 10 MWh of accessory batteries in the 53-acre upland, agricultural portion of the 114-acre
property in order to continue providing alternative, affordable energy to Pitt & Greene EMC residents. The project will involve minor improvements of two at -grade gravel access road
crossings, currently utilized by farm equipment, through the existing, on -site emergent non -forested wetland. The gravel roads will be approximately 20 feet in width with an average
depth of 4 — 6 inches of gravel. No subsurface maintenance or improvements of the existing drain tile are anticipated. Additional rock check dams will be installed on either side of the
access roads to reduce velocities and erosion of the road surface during heavy rainfall events.
It is anticipated that light duty skid -steers will be utilized for the construction of the crossing. The locations of the crossings were selected to minimize the overall wetland impact by
locating the crossings where the farmer currently crosses with farm equipment. Using the existing slopes, grading is not anticipated which will further reduce wetland impacts. Best
Management Practices (BMPs) will be utilized during the construction process. For example, double -row silt fencing will be placed around the entire limits of disturbance and will be
monitored and maintained weekly, and after every rainfall event of % inch or greater.
4j. Please upload project drawings for the proposed project.
ARBA_Wetlands_Impact _Permit -Sheet 1.pdf 693.57KB
ARBA_Wetlands_Impact_Permit-Sheet 2.pdf 701.79KB
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes
r No
Comments:
Wetlands within Study Area were delineated on 1/30120
5b. If the Corps made a jurisdictional determination, what type of determination was made?
r Preliminary r Approved r Not Verified r Unknown r N/A
Corps AID Number:
SAW-2020-00520
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Heather Patti, PWS; Simon King
O Unknown
Agency/Consultant Company: TRC Companies, Inc.
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
TRC delineated the Site on 1/30/2020. Chris Pullinger, an environmental scientist with NCDWR, visited the Site on April 1st, 2020 to review the area where a USGS stream is mapped
within the Study Area and concurred with TRC's findings that only PEM wetland is present. Mr. Pullinger determined the surface water was not present within the Study Area, but started
downstream within the forest outside of the Study Area. As such, the NCDWR has ruled out the potential stream and the Riparian Buffer Rules do not apply to this area. The Buffer
Determination Letter summarizing the NCDWR's site visit and findings is attached below.
5d1. Jurisdictional determination upload
Figure 4 - Arba - Wetland Delineation.pdf 3.48MB
Signed_2020-0371 v1 - Arba Solar Facility - Greene Co. (N-1) 20200415.pdf 1.32MB
6. Future Project Plans
6a. Is this a phased project?*
r Yes r No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
� D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
W Wetlands r Streams -tributaries
i- Open Waters r Pond Construction
2. Wetland Impacts
(- Buffers
2a1 Reason (?) 2b. Impact type * (?) 2c. Type of W.* 2d. W. name * 2e. Forested * 2f. Type of 2g. Impact
Jurisdicition*(') area*
W1 Access Roads P NON-NCWAMTYPES Wetland 1(W1) Both 0.049
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.049
2h. Comments:
2g. Total Permanent Wetland Impact
0.049
U
The impact is approximately 2,145 sq. ft. equaling -0.049 acres. Impacts shown in Project Drawings attached above in 4j.
E. Impact Justification and Mitigation v
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The solar construction is only being conducted in the existing agricultural areas, completely avoiding the forested wetlands to the east within the
property. The locations of the crossings within the existing farm access road footprints were selected to minimize the overall wetland impact. The
existing slopes at the crossings are acceptable for the intended use for the project. As such, grading is not anticipated which will further reduce
wetland impacts.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
As mentioned above, the project will involve minor construction of two at -grade gravel access road crossings through existing on -site wetlands. The
gravel roads will be approximately 20 feet in width, with an average depth of 4 - 6 inches of gravel. Additional rock check dams will be installed on
either side to reduce velocities and erosion of the road surface during heavy rainfall events. It is anticipated that light duty skid -steers will be utilized
for the construction of the crossing. BMPs will be utilized during the construction process. For example, double -row silt fencing will be placed around
the entire limits of disturbance and Will be monitored and maintained weekly, and after every rainfall event of % inch or greater.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
t^ Yes
r No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
The total impact area (0.049 acres) is too small to require compensatory mitigation.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
r Yes r No
If no, explain why:
Chris Pullinger, a scientist with the NCDWR, visited the Site on April 1 st, 2020 to reviewthe area where a USGS stream is mapped within the Study Area and concurred with TRC's
findings that only a wetland is present. Mr. Pullinger determined the surface water was not present within the Study Area but started downstream within the forest outside of the Study
Area. As such, the NCDWR has ruled out the potential stream and the Riparian Buffer Rules do not apply to this area. Official documentation of the NCDWR site visit and findings is
attached in the Jurisdictional Determinations attachments section.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
r Yes r No
2b. Does this project meet the requirements for low density projects as defined in 15ANCAC 02H .1003(2)?
r Yes r No
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater
program?
r Yes r No
r NIA- project disturbs < 1 acre
3. Stormwater Requirements
3a. Select whether a completed stormwater management plan (SMP) is included for review and approval or if calculations are provided to document the project will not cause
degradation of downstream surface waters.*
r Stormwater Management r Antidegradation
Plan Calculations
3b. Stormwater Management Plan
3c. Antidegradation Calculations:
Comments:
Stormwater calculations and plans have not yet been designed at this time; the project is in the early (30%) design phase. Stormwater plans and calcs will be submitted at a later date.
G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
r Yes r No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)? *
r Yes r No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
r Yes r No
3b. If you answered "no," provide a short narrative description.
The purpose of this project is to supply wasting, local demand with an alternative energy source and is not anticipated to spur additional development
or economic growth.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
r Yes r Nor N/A
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
r Yes r No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
r Yes r No
5c. If yes, indicate the USFWS Field Office you have contacted.
Raleigh
5d. Is another Federal agency involved?*
r Yes r No f Unknown
5e. Is this a DOT project located within Division's 1-87
r Yes r No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
r Yes r No
5g. Does this project involve bridge maintenance or removal?
r Yes r No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
r Yes r No
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
r Yes r No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
USFWS Information for Planning and Consultation (IPaC) tool (https:Hecos.fws.gov/ipact); NC Natural Heritage Program Data Explorer - materials and
USFWS response attached below.
Consultation Documentation Upload
Arba USFWS Concurrence Packet.pdf 1.26MB
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
r Yes r No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
NOAA Fishers - Essential Fish Habitat Mapper
(https://vm w.fisheries.noaa.gov/resource/map/essential-fish-habitat-mapper)
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?*
r Yes r No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
Cultural resources data were acquired from the North Carolina State Preservation Office (NC SHPO). NC SHPO Clearance Letter is attached below as
well as the Cultural Resources map created by TRC using NC SHPO data.
7c. Historic or Prehistoric Information Upload
Arba - Cultural Resources.pdf 471.98KB
ER_20-0516 Arba SHPO Clearance Letter.pdf 94.8KB
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
r Yes r No
8c. What source(s) did you use to make the floodplain determination?*
Flood data zones were acquired from the Federal Emergency Management Agency (FEMA); There is 100 year floodplain within the 114-acre property,
but not within the 53-acre Study Area where the project is located.
r
Miscellaneous
Comments
Cover letter attached.
Miscellaneous attachments not previously requested.
Arba NWP Cover Letter- 5.7.2020.pdf
Signature
W By checking the box and signing below, I certify that:
89.84KB
• I have given true, accurate, and complete information on this form;
• I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
• I intend to electronically sign and submit the PCN form.
Full Name:
Heather Patti, PWS
U
Signature
lessee cam: 6� S
Date
April 28, 2020
Path:Plot Date:FEBR UAR Y 2020
335672.0002.0000.000019
Figure 1 - Arba - S ite Location and T opo.m xd
MEMBER EMC SOLAR FIVE, LLCARBA SITEGREENE COUNTY, NORTH CAROLINA
S . K ING
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Path:Plot Date:MAY 2020
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Figure 2- Arba - Soil Survey Map Nationwide 18 Permit.mxd
MEMBER EMC SOLAR FIVE, LLCARBA SITEGREENE COUNTY, NORTH CAROLINA
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S:\1-PROJECTS\NRCO\335672.0002_000019_Arba\Figure 2- Arba - Soil Survey Map Nationwide 18 Permit.mxd5/7/2020, 08:46:33 AM by PJACQUES -- LAYOUT: ANSI B(11"x17")Map Rotation:Coordinate System:0NAD 1983 StatePlane North Carolina FIPS 3200 Feet (Foot US)H. PATTI
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E
)25' BUILDING SETBACK(PER ZONING ORDINANCE)PROPOSED 6' SECURITY FENCINGPROPOSED 6' SECURITY FENCINGPROPOSED 6' SECURITY FENCING676'
287'179'PROPOSED GRAVEL ACCESS ROADEXISTINGDRIVEWAY358'206'PROPOSEDCONCRETEPADS (TYP.)PROPOSED INTERNAL ACCESS ROAD20'PROPOSED INTERNAL ACCESS ROAD20'PROPOSED UNDERGROUND ELECTRICEXISTING FENCE20'20'PROPOSED GRAVEL ACCESS ROADPROPOSED SOLARARRAY (TYP.)PROPOSED SECUREDDOUBLE SWING GATEPROPOSED UNDERGROUND
ELECTR
IC APPROXIMATELY405 SQ FT PERMANENTWETLAND IMPACTSITESITELEGENDPROPOSED GRADE TOPOGRAPHIC CONTOURTEMPORARY GRAVELCHECK DAMSEDIMENT FENCEFLOW ARROWPROPOSED LIMITS OF DISTURBANCECONSTRUCTION ENTRANCE/EXITCONCRETE WASHOUT22x34 --- USER: KKjos --- ATTACHED XREF'S: --- ATTACHED IMAGES: 25697_CAD-Friendly_Mosaic; ARBA VICINITY MAP; nce;DRAWING NAME: C:\Users\kkjos\OneDrive - TRC\Desktop\arba\Special Use Permit\ ARBA_Wetlands_Impact_Permit.dwg --- PLOT DATE: April 27, 2020 - 9:07AM --- LAYOUT: Sheet 1
DATE:DRAWN BY:CHECKED BY:APPROVED BY:OFPROJECT:PROJ. NO.:FILE NO.:TITLE:Version: 2017-10-21MEMBER EMC SOLAR FIVE, LLCARBA SITEGREENE COUNTY, NORTH CAROLINAPROPOSED SITE PLANFOR WETLAND IMPACT PERMITSHEET 1 OF 2335672.0009ARBA_Wetlands_Impact_Permit.dwgK. KJOSN. ADDISONN. ADDISONSHEET 1APRIL 20202SCALE = 1" : 60'0'60'120'Know what'sbelow.before you dig.CallR5540 Centerview DriveSuite 100Raleigh, NC 27606Phone: 919.256.6236NOTES:1.THE EXISTING CONDITIONS WERE PROVIDED BY SURVEYINGCONSULTANTS ON 02/18/2020 AS A CIVIL 3D DRAWING.2.THE DRAWING SHOULD ONLY BE USED FOR THE WETLANDIMPACT PERMIT..3.PROPOSED AREA WITHIN SECURITY FENCING ISAPPROXIMATELY 28.4 ACRES.4.ALL EXISTING AND PROPOSED STRUCTURES ANDDIMENSIONS SHOWN ARE APPROXIMATEPROPOSED SITE PLANFOR WETLAND IMPACT PERMITSHEET 1 OF 2NOT FOR CONSTRUCTIONFOR WETLAND IMPACT PERMIT ONLY
APPROXIMATE PROPERTY LINES PER REFERENCE PLATS (SEE EXHIBIT PLAT NOTE #5)320.45'538.12'286.61'212.65'41.58'MATCH SHEET LINEMATCH SHEET LINEWETLANDSWETLANDSMATCH SHEET LINEUEUEUEUEUEUEUESF
SF
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SFSFSFSFSFSFSF SFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSF
SFSFSFSFSFSF SFSFSFSFUEUEN/FWARRENTON ROAD, LLCTAX PARCEL #: 0800226ZONING: AGRICULTURAL /RURAL (AR)N/FWARRENTON ROAD, LLCTAX PARCEL #: 0800226ZONING: AGRICULTURAL /RURAL (AR)N: 611,489.03E: 2,377,990.65N: 611,435.24E: 2,378,306.55CONTROL POINTNAIL WITH DISCELEVATION = 87.63'(NAVD 88 DATUM)N: 611,414.52E: 2,379,030.96N/FPITT & GREENE EMCTAX PARCEL #: 0800225ZONING: AGRICULTURAL /RURAL (AR)N/FPITT & GREENE EMCTAX PARCEL #: 0800225ZONING: AGRICULTURAL /RURAL (AR)N: 611,026.91E: 2,377,714.93N: 610,504.81E: 2,377,610.09N/FJEFFREY MICHAEL PERRYTAX PARCEL #: 0400424ZONING: AGRICULTURAL /RURAL (AR)25' BUILDING SETBACK(PER ZONING ORDINANCE)25' BUILDING SETBACK(PER ZONING ORDINANCE)25' BUILDING SETBACK(PER ZONING ORDINANCE)25' BUILDING SETBACK(PER ZONING ORDINANCE)PROPOSED 6' SECURITY FENCINGPROPOSED 6' SECURITY FENCINGPROPOSED 6' SECURITY FENCINGPROPOSED 6' SECURITY FENCING179'99'39'PROPOSEDCONCRETEPADPROPOSED INTERNAL ACCESS ROAD20'PROPOSED INTERNAL ACCESS ROAD20'PROPOSED INTERNAL ACCESS ROAD20'PROPOSED INTERNAL ACCESS ROAD20'PROPOSED INTERNAL ACCESS ROAD20'PROPOSED SECUREDDOUBLE SWING GATEN/FPITT & GREENE EMCTAX PARCEL #: 0800225ZONING: AGRICULTURAL /RURAL (AR)PROPOSED SOLARARRAY (TYP.)PROPOSED SOLARARRAY (TYP.)APPROXIMATELY1,745 SQ FT PERMANENTWETLAND IMPACTLEGENDPROPOSED GRADE TOPOGRAPHIC CONTOURTEMPORARY GRAVELCHECK DAMSEDIMENT FENCEFLOW ARROWPROPOSED LIMITS OF DISTURBANCECONSTRUCTION ENTRANCE/EXITCONCRETE WASHOUT22x34 --- USER: KKjos --- ATTACHED XREF'S: --- ATTACHED IMAGES: 25697_CAD-Friendly_Mosaic; ARBA VICINITY MAP; nce;DRAWING NAME: C:\Users\kkjos\OneDrive - TRC\Desktop\arba\Special Use Permit\ ARBA_Wetlands_Impact_Permit.dwg --- PLOT DATE: April 27, 2020 - 9:11AM --- LAYOUT: Sheet 2
DATE:DRAWN BY:CHECKED BY:APPROVED BY:OFPROJECT:PROJ. NO.:FILE NO.:TITLE:Version: 2017-10-21MEMBER EMC SOLAR FIVE, LLCARBA SITEGREENE COUNTY, NORTH CAROLINAPROPOSED SITE PLANFOR WETLAND IMPACT PERMITSHEET 2 OF 2335672.0009ARBA_Wetlands_Impact_Permit.dwgK. KJOSN. ADDISONN. ADDISONSHEET 2APRIL 20202Know what'sbelow.before you dig.CallR5540 Centerview DriveSuite 100Raleigh, NC 27606Phone: 919.256.6236SCALE = 1" : 60'0'60'120'NOTES:1.THE EXISTING CONDITIONS WERE PROVIDED BY SURVEYINGCONSULTANTS ON 02/18/2020 AS A CIVIL 3D DRAWING.2.THE DRAWING SHOULD ONLY BE USED FOR THE WETLANDSIMPACT PERMIT.3.PROPOSED AREA WITHIN SECURITY FENCING ISAPPROXIMATELY 28.4 ACRES.4.ALL EXISTING AND PROPOSED STRUCTURES ANDDIMENSIONS SHOWN ARE APPROXIMATE5.REFER TO SHEET 1 FOR VICINITY MAP, REFERENCE ANDEXHIBIT PLAT NOTES.NOT FOR CONSTRUCTIONFOR WETLAND IMPACT PERMITONLYPROPOSED SITE PLANFOR WETLAND IMPACT PERMITSHEET 2 OF 2
Path:Plot Date:APRIL 2020
335672.0002.0000.000019
Figure 4 - Arba - Wetland Delineation.mxd
MEMBER EMC SOLAR FIVE, LLCARBA SITEGREENE COUNTY, NORTH CAROLINA
S. KING
S:\1-PROJECTS\NRCO\335672.0002_000019_Arba\Figure 4 - Arba - Wetland Delineation.mxd4/13/2020, 09:20:16 AM by RBARBER -- LAYOUT: ANSI B(11"x17")Map Rotation:Coordinate System:0NAD 1983 StatePlane North Carolina FIPS 3200 Feet (Foot US)H. PATTI
1:3,6001 " = 300 '
0 300 600Feet
!
LEGEND
PARCEL BOUNDARY
STUDY AREA BOUNDARY
!(UPLAND DATA POINT
!(WETLAND DATA POINT
EMERGENT WETLAND (PEM)TRC - GISTRC - GISFIGURE 4
4155 Shackleford Road, Suite 225Norcross, GA 30093Phone: 770.270.1192www.trccompanies.com
R. SPRING
TRC DELINEATED WETLANDS
FILE NO.:
TITLE:
PROJECT:
!(
!(
C
r
o
wf
o
o
t
R
dGray Turnage RdH W Y 903 S
ST903
W1(0.88acres)
NOTES: 1. BASEMAP FROM NC ONE MAP, ORTHOIMAGERY, 201 6. 2. TRC SURVEY COMPLETED ON 1/30/2020 BY H. PATTI AND S. KING. 3. NC STREAM BUFFERS SOURCE 15A NCAC 02B .0233 NEUSE RIVER BASIN BUFFER RULE.
DATE:
APPROVED BY:
CHECKED BY:
DRAWN BY:PROJ. NO.:
Project Location
April 17, 2020
Pitt & Greene EMC
Member EMC Solar Five, LLC
ATTN: Mark Suggs
PO Box 249
Farmville, North Carolina 27828
2020-0371 v1
Greene County
Subject: On-Site Determination for Applicability to Neuse Riparian Buffer Rules (15A NCAC 02B .0233)
Subject Property/ Project Name: Arba Solar Facility
Address/Location: 3666 NC HWY 903, Snow HIll, NC
Stream(s) Evaluated: (2) – UT to Tyson Marsh, Class C; Sw, NSW; Stream Index 27-86-17; Neuse River Basin
Determination Date: March 30, 2020 Staff: Chris Pullinger
Determination Type:
Buffer: Stream:
Neuse (15A NCAC 02B .0233)
Tar-Pamlico (15A NCAC 02B .0259)
Catawba (15A NCAC 02B .0243)
Jordan (15A NCAC 02B .0267) (governmental and/or
interjurisdictional projects)
Randleman (15A NCAC 02B .0250)
Goose Creek (15A NCAC 02B .0605-.0608)
Intermittent/Perennial Determination
*E/I/P = Ephemeral/Intermittent/Perennial
The Division of Water Resources has determined that the streams listed above and included on the attached map have been
located on page of the most recent published NRCS Soil Survey of Greene County, North Carolina and/or the most recent copy
of the Snow Hill USGS Topographic map at a 1:24,000 scale and evaluated for applicability to the Neuse Riparian Buffer Rule.
Each stream that is checked “Not Subject” has been determined to not be at least intermittent,not present on the property, or
man-made in nature. Streams that are checked “Subject” have been located on the property and possess characteristics that
qualify them to be at least intermittent streams. There may be other streams or features located on the property that do not
appear on the maps referenced above but may be considered jurisdictional according to the US Army Corps of Engineers and
subject to the Clean Water Act.
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 DWR may request a determination by the Director. An appeal request must be made within
sixty (60) calendar days of date of this letter to the Director in writing.
Stream E/I/P* Not
Subject
Subject Start@ Stop@ Soil
Survey
USGS
Topo
2020-0371 A swale X 2020-0371 A Start 2020-0371 A Origin X X
2020-0371 A I X 2020-0371 A Origin 2020-0371 A Finish X X
2020-0371 B P X 2020-0371 B Start 2020-0371 A Finish X X
If sending via US Postal Service:
c/o Paul Wojoski
DWR – 401 & Buffer Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
If sending via delivery service (UPS, FedEx, etc.):
c/o Paul Wojoski
DWR – 401 & Buffer Permitting Unit
512 N. Salisbury Street
Raleigh, NC 27604
This determination is final and binding as detailed above, unless an appeal is requested within sixty (60) days.
This determination only addresses the applicability to the buffer rules and does not approve any activity within the
buffers. The project may require a Section 404/401 Permit for the proposed activity. Any inquiries regarding
applicability to the Clean Water Act should be directed to the US Army Corps of Engineers Washington Regulatory
Field Office at (910)-251-4629.
If you have questions regarding this determination, please feel free to contact Chris Pullinger at (252) 948-3918.
Sincerely,
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
cc: WaRO DWR File Copy/LASERFICHE
Emily Thompson, USACE Washington Regulatory Office (via e-mail)
Heather Patti, (via e-mail: hpatti@trccompanies.com)
Neuse
April 17 20
DWR Project #2020-0371 v1
NOT SUBJECT
SUBJECT
SUBJECT
Path:Plot Date:AUGUST 2019
335672.0002_000019
Figure 4 - Cultural Resources.mxd
NRCOARBA SITEGREENE COUNTY, NORTH CAROLINA
H. MILLIS
\\apaenvfile01\gis\1-PROJECTS\NRCO\335672.0002_000019_Arba\Figure 4 - Cultural Resources.mxd8/13/2019, 16:13:33 PM by RSPRING -- LAYOUT: ANSI B(11"x17")Map Rotation:Coordinate System:0NAD 1983 StatePlane North Carolina FIPS 3200 Feet (Foot US)H. PATTI
1:24,0001 " = 2,000 '
0 2,000 4,000Feet
%
LEGEND
PROJECT BOUNDARY
1-MILE STUDY AREA
!(ARCHAEOLOGICAL SITE (POINT)
!(HISTORIC ARCHITECTURAL RESOURCE
PREVIOUS INVESTIGATION
USGS 7.5' QUADRANGLE BOUNDARY TRC - GISTRC - GISFIGURE 4
4155 Shackleford Road, Suite 225Norcross, GA 30093Phone: 770.270.1192www.trccompanies.com
R. SPRING
CULTURAL RESOURCES
FILE NO.:
TITLE:
PROJECT:
!(
!(
!(
31GR3
Jason QuadrangleSnow Hill QuadrangleGR0269GR0270
NOTES: 1. BASEMAP FROM USGS 7.5 MINUTE QUADRANGLES: JASON (1983) AND SNOW HILL (1984) NC. 2. CULTURAL RESOURCES DATA ACQUIRED FROM THE NORTH CAROLINA STATE PRESERVATION OFFICE (NC SHPO). CONTAINS PRIVLEDGED & CONFIDENTIAL INFORMATION.
DATE:
APPROVED BY:
CHECKED BY:
DRAWN BY:PROJ. NO.:
Project Location
North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Roy Cooper Office of Archives and History
Secretary Susi H. Hamilton Deputy Secretary Kevin Cherry
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 807-6570/807-6599
April 2, 2020
Kagen DelRio kagen.delrio@ncemcs.com
3400 Sumner Boulevard
Raleigh, NC 27616
Re: Proposed Arba Solar facility, Snow Hill, ER 20-0516
Dear Mr. DelRio,
Thank you for your email of February 27, 2020, concerning the above project.
We have conducted a review of the project and are aware of no historic resources which would be affected by
the project. Therefore, we have no comment 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 codifie d at 36 CFR
Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill-Earley, environmental review coordinator, at 919-814-6579 or
environmental.review@ncdcr.gov. In all future communication concerning this project, please cite the above
referenced tracking number.
Sincerely,
Ramona Bartos, Deputy
State Historic Preservation Officer
February 26, 2020
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Phone: (919) 856-4520 Fax: (919) 856-4556
In Reply Refer To:
Consultation Code: 04EN2000-2020-SLI-0743
Event Code: 04EN2000-2020-E-01662
Project Name: Arba
Subject:List of threatened and endangered species that may occur in your proposed project
location, and/or may be affected by your proposed project
To Whom It May Concern:
The species list generated pursuant to the information you provided identifies threatened,
endangered, proposed and candidate species, as well as proposed and final designated critical
habitat, that may occur within the boundary of your proposed project and/or may be affected by
your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife
Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended
(16 U.S.C. 1531 et seq.).
New information based on updated surveys, changes in the abundance and distribution of
species, changed habitat conditions, or other factors could change this list. Please feel free to
contact us if you need more current information or assistance regarding the potential impacts to
federally proposed, listed, and candidate species and federally designated and proposed critical
habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the
Act, the accuracy of this species list should be verified after 90 days. This verification can be
completed formally or informally as desired. The Service recommends that verification be
completed by visiting the ECOS-IPaC website at regular intervals during project planning and
implementation for updates to species lists and information. An updated list may be requested
through the ECOS-IPaC system by completing the same process used to receive the enclosed list.
Section 7 of the Act requires that all federal agencies (or their designated non-federal
representative), in consultation with the Service, insure that any action federally authorized,
funded, or carried out by such agencies is not likely to jeopardize the continued existence of any
federally-listed endangered or threatened species. A biological assessment or evaluation may be
prepared to fulfill that requirement and in determining whether additional consultation with the
Service is necessary. In addition to the federally-protected species list, information on the
species' life histories and habitats and information on completing a biological assessment or
02/26/2020 Event Code: 04EN2000-2020-E-01662 2
evaluation and can be found on our web page at http://www.fws.gov/raleigh. Please check the
web site often for updated information or changes
If your project contains suitable habitat for any of the federally-listed species known to be
present within the county where your project occurs, the proposed action has the potential to
adversely affect those species. As such, we recommend that surveys be conducted to determine
the species' presence or absence within the project area. The use of North Carolina Natural
Heritage program data should not be substituted for actual field surveys.
If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely
to adversely affect) a federally-protected species, you should notify this office with your
determination, the results of your surveys, survey methodologies, and an analysis of the effects
of the action on listed species, including consideration of direct, indirect, and cumulative effects,
before conducting any activities that might affect the species. If you determine that the proposed
action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally
listed species, then you are not required to contact our office for concurrence (unless an
Environmental Impact Statement is prepared). However, you should maintain a complete record
of the assessment, including steps leading to your determination of effect, the qualified personnel
conducting the assessment, habitat conditions, site photographs, and any other related articles.
Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle
Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require
development of an eagle conservation plan (http://www.fws.gov/windenergy/
eagle_guidance.html). Additionally, wind energy projects should follow the wind energy
guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and
bats.
Guidance for minimizing impacts to migratory birds for projects including communications
towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http://
www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/towers.htm; http://
www.towerkill.com; and http://www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/
comtow.html.
Not all Threatened and Endangered Species that occur in North Carolina are subject to section 7
consultation with the U.S Fish and Wildlife Service. Atlantic and shortnose sturgeon, sea
turtles,when in the water, and certain marine mammals are under purview of the National Marine
Fisheries Service. If your project occurs in marine, estuarine, or coastal river systems you should
also contact the National Marine Fisheries Service, http://www.nmfs.noaa.gov/
We appreciate your concern for threatened and endangered species. The Service encourages
Federal agencies to include conservation of threatened and endangered species into their project
planning to further the purposes of the Act. Please include the Consultation Tracking Number in
the header of this letter with any request for consultation or correspondence about your project
that you submit to our office. If you have any questions or comments, please contact John Ellis
of this office at john_ellis@fws.gov.
02/26/2020 Event Code: 04EN2000-2020-E-01662 3
▪
Attachment(s):
Official Species List
02/26/2020 Event Code: 04EN2000-2020-E-01662 1
Official Species List
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior information whether
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
(919) 856-4520
02/26/2020 Event Code: 04EN2000-2020-E-01662 2
Project Summary
Consultation Code:04EN2000-2020-SLI-0743
Event Code:04EN2000-2020-E-01662
Project Name:Arba
Project Type:POWER GENERATION
Project Description:Proposed utility scale solar farm.
Project Location:
Approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/place/35.420459649639284N77.7300347085958W
Counties:Greene, NC
02/26/2020 Event Code: 04EN2000-2020-E-01662 3
1.
Endangered Species Act Species
There is a total of 3 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheries , as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
Birds
NAME STATUS
Red-cockaded Woodpecker Picoides borealis
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/7614
Endangered
Amphibians
NAME STATUS
Neuse River Waterdog Necturus lewisi
There is proposed critical habitat for this species. Your location is outside the critical habitat.
Species profile: https://ecos.fws.gov/ecp/species/6772
Proposed
Threatened
Fishes
NAME STATUS
Carolina Madtom Noturus furiosus
There is proposed critical habitat for this species. Your location is outside the critical habitat.
Species profile: https://ecos.fws.gov/ecp/species/528
Proposed
Endangered
1
02/26/2020 Event Code: 04EN2000-2020-E-01662 4
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.
NCNHDE-11238
January 28, 2020
Heather Patti
TRC Environmental Corporation
5540 Centerview Drive, Suite 100
Raleigh, NC 27606
RE: Arba ; 335672.0009.0000
Dear Heather Patti:
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
Based on the project area mapped with your request, a query of the NCNHP database indicates that
there are no records for rare species, important natural communities, natural areas, and/or
conservation/managed areas within the proposed project boundary. Please note that although there
may be no documentation of natural heritage elements within the project boundary, it does not
imply or confirm their absence; the area may not have been surveyed. The results of this query
should not be substituted for field surveys where suitable habitat exists. In the event that rare
species are found within the project area, please contact the NCNHP so that we may update our
records.
The attached ‘Potential Occurrences’ table summarizes rare species and natural communities that
have been documented within a one-mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one-mile
radius of the project area, if any, are also included in this report.
If a Federally-listed species is found within the project area or is indicated within a one-mile radius of
the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for
guidance. Contact information for USFWS offices in North Carolina is found here:
https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
The NC Natural Heritage Program may follow this letter with additional correspondence if a
Dedicated Nature Preserve, Registered Heritage Area, Clean Water Management Trust Fund
easement, or Federally-listed species are documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at rodney.butler@ncdcr.gov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One-mile Radius of the Project Area
Arba
Project No. 335672.0009.0000
January 28, 2020
NCNHDE-11238
Element Occurrences Documented Within a One-mile Radius of the Project Area
Taxonomic
Group
EO ID Scientific Name Common Name Last
Observation
Date
Element
Occurrence
Rank
Accuracy Federal
Status
State
Status
Global
Rank
State
Rank
Dragonfly or
Damselfly
33750 Somatochlora
georgiana
Coppery Emerald 2004-Pre H?5-Very
Low
---Significantly
Rare
G3G4 S2?
No Natural Areas are Documented Within a One-mile Radius of the Project Area
No Managed Areas are Documented Within a One-mile Radius of the Project Area
Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.org/content/help. Data query generated on January 28, 2020; source: NCNHP, Q1 Jan 2020.
Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database.
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Species Conclusions Table
Project Name: Arba (Greene County, North Carolina)
Species / Resource Name Conclusion ESA Section 7 / Eagle Act
Determination Notes / Documentation
Red-cockaded Woodpecker
(Picoides borealis) No suitable habitat present No effect
Since the entire Study Area consists of
active agriculture with no trees, no suitable
habitat is present in TRC’s professional
opinion. The adjacent forest to the east is a
mixed secondary forest with a dense
undergrowth and is also not suitable
habitat for the RCW in TRC’s professional
opinion.
Neuse River Waterdog
(Necturus lewisi) No suitable habitat present No effect
The only aquatic resource within the Study
Area is a wetland swale which is densely
vegetated with inconsistent waterflow and
is not suitable habitat for the Neuse River
waterdog in TRC’s professional opinion.
Carolina madtom (Noturus
furiosus) No suitable habitat present No effect
The only aquatic resource within the Study
Area is a wetland swale which is densely
vegetated with inconsistent waterflow and
is not suitable habitat for the Carolina
madtom in TRC’s professional opinion.
Critical habitat No critical habitat present No effect
Bald eagle Unlikely to disturb nesting
bald eagles No Eagle Act Permit required
Regarding the bald eagle, no nests were
observed within the Study Area, and the
online project review did not identify any
known nest sites within 660’ of the project
area.
Acknowledgement: I agree that the above information about my proposed project is true. I used all of the provided resources to make an informed
decision about impacts in the immediate and surrounding areas.
Simon King, Ecologist & Natural Resource Scientist Date: 4/10/2020
Raleigh Field Office
P.O. Box 33726
Raleigh, NC 27636-3726
Date:__________________________
Self-Certification Letter
Project Name______________________________
Dear Applicant:
Thank you for using the U.S. Fish and Wildlife Service (Service) Raleigh Ecological
Services online project review process. By printing this letter in conjunction with your
project review package, you are certifying that you have completed the online project
review process for the project named above in accordance with all instructions
provided, using the best available information to reach your conclusions. This letter,
and the enclosed project review package, completes the review of your project in
accordance with the Endangered Species Act of 1973 (16 U.S.C. 1531-1544, 87 Stat.
884), as amended (ESA), and the Bald and Golden Eagle Protection Act (16 U.S.C.
668-668c, 54 Stat. 250), as amended (Eagle Act). This letter also provides
information for your project review under the National Environmental Policy Act of
1969 (P.L. 91-190, 42 U.S.C. 4321-4347, 83 Stat. 852), as amended. A copy of this
letter and the project review package must be submitted to this office for this
certification to be valid. This letter and the project review package will be maintained
in our records.
The species conclusions table in the enclosed project review package summarizes
your ESA and Eagle Act conclusions. Based on your analysis, mark all the
determinations that apply:
“no effect” determinations for proposed/listed species and/or
proposed/designated critical habitat; and/or
“may affect, not likely to adversely affect” determinations for proposed/listed
species and/or proposed/designated critical habitat; and/or
“may affect, likely to adversely affect” determination for the Northern long-
eared bat (Myotis septentrionalis) and relying on the findings of the January 5,
2016, Programmatic Biological Opinion for the Final 4(d) Rule on the
Northern long-eared bat;
“no Eagle Act permit required” determinations for eagles.
Applicant Page 2
We certify that use of the online project review process in strict accordance with the
instructions provided as documented in the enclosed project review package results in
reaching the appropriate determinations. Therefore, we concur with the “no effect” or
“not likely to adversely affect” determinations for proposed and listed species and
proposed and designated critical habitat; the “may affect” determination for Northern
long-eared bat; and/or the “no Eagle Act permit required” determinations for eagles.
Additional coordination with this office is not needed. Candidate species are not
legally protected pursuant to the ESA. However, the Service encourages consideration
of these species by avoiding adverse impacts to them. Please contact this office for
additional coordination if your project action area contains candidate species.
Should project plans change or if additional information on the distribution of
proposed or listed species, proposed or designated critical habitat, or bald eagles
becomes available, this determination may be reconsidered. This certification letter is
valid for 1 year. Information about the online project review process including
instructions, species information, and other information regarding project reviews
within North Carolina is available at our website http://www.fws.gov/raleigh/pp.html.
If you have any questions, you can write to us at Raleigh@fws.gov or please contact
Leigh Mann of this office at 919-856-4520, ext. 10.
Sincerely,
/s/Pete Benjamin
Pete Benjamin
Field Supervisor
Raleigh Ecological Services
Enclosures - project review package
1
From: Mann, Leigh <leigh_mann@fws.gov> On Behalf Of Raleigh, FW4
Sent: Tuesday, March 31, 2020 2:15 PM
To: Patti, Heather <HPatti@trccompanies.com>
Subject: [EXTERNAL] Re: Online Project Review Request ‐ Arba Site, Greene County NC
This is an EXTERNAL email. Do not click links or open attachments unless you validate the sender and know
the content is safe.
Hi Heather,
The biologist reviewed your submitted packet for the Arba solar site and agreed with your findings. The
generated self certification letter can be used for your records. Please let me know if you have any additional
questions.
Respectfully,
Leigh Mann
From: Patti, Heather <HPatti@trccompanies.com>
Sent: Tuesday, March 10, 2020 7:33 PM
To: Raleigh, FW4 <raleigh@fws.gov>
Cc: Eric Spigelman <eric.spigelman@nrco.coop>; DelRio, Kagen <Kagen.DelRio@NCEMCS.com>; Cox, Brett W.
<BWCox@trccompanies.com>; King, Simon L. <SLKing@trccompanies.com>
Subject: Online Project Review Request ‐ Arba Site, Greene County NC
Dear Reviewer,
On behalf of Member EMC Solar Five, LLC, please see attached online project review package for the proposed Arba
solar facility in Greene County, North Carolina.
Your review and response to our project review would be greatly appreciated. Please let me know of any questions or if
you need additional information.
Thank you!
Heather Patti, PWS
Senior Ecologist
5540 Centerview Drive, Suite 100, Raleigh, NC 27606
T: 919‐256‐6236 | F: 919‐838‐9661 | C: 262‐623‐1079
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