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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 \\em ployees\gis\GIS \1-PR OJECT S \NR CO\335672.0002_000019_Arba\Figure 1 - Arba - S ite Location and T opo.m xd2/20/2020, 13:35:06 PM by R S PR ING -- LAY OUT: ANS I B(11"x17")Map Rotation:Coordinate System:0NAD 1983 S tatePlane North Carolina FIPS 3200 Feet (Foot US ) H. PAT T I 1:24,000 1 " = 2,000 ' 0 2,000 4,000 Feet ! LEGEND PAR CEL BOUNDAR Y S T UDY AR EA BOUNDAR Y NAT UR AL GAS PIPELINE "EX IS T ING S UBS TAT ION ELECT R ICAL T R ANS M IS S ION LINE: 115 kV UNK NOW N kV TRC - GISTRC - GISFIGURE 1 4155 S hackleford R oad, S uite 225 Norcross, GA 30093Phone: 770.270.1192 www.trccom panies.com R . S PR ING SITE LOCATION ANDUSGS TOPOGRAPHIC MAP FILE NO.: T IT LE: PR OJECT: " "Duke EnergyDuke Energy Duke EnergyDuke EnergyDuk e E n e r g y Duke Energy TouchstoneEnergyCooperative NOTES: 1. BAS EM AP FR OM ES R I/US GS “US GS T OPO” ONLINE S ER VICE LAY ER . 2. PIPELINE, ELECT R ICAL T R ANS M IS S ION LINE AND S UBS T AT ION DAT A ACQUIR ED FR OM R EX T AG. DAT E: APPR OVED BY : CHECK ED BY : DR AW N BY :PR OJ. NO.: Project Location Path:Plot Date:MAY 2020 335672.0002.0000.000019 Figure 2- Arba - Soil Survey Map Nationwide 18 Permit.mxd MEMBER EMC SOLAR FIVE, LLCARBA SITEGREENE COUNTY, NORTH CAROLINA S. KING 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 1:3,6001 " = 300 ' 0 300 600Feet ! LEGEND PARCEL BOUNDARY STUDY AREA BOUNDARY !(UPLAND DATA POINT !(WETLAND DATA POINT SOIL SURVEY STREAM NC STREAM BUFFER ZONE 1 (0-30') NC STREAM BUFFER ZONE 2 (30-50') PEM WETLAND TRC - GISTRC - GISFIGURE 2 4155 Shackleford Road, Suite 225Norcross, GA 30093Phone: 770.270.1192www.trccompanies.com P. JACQUES SOIL SU RVEY MAP FILE NO.: TITLE: PROJECT: !( !( C r o wf o o t R dGray Turnage RdH W Y 903 S ST903 W1(0.88acres) SS1 SS2 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 EXISTINGBUILDINGEXISTING FENCE1169.67'324.60'APPROXIMATE PROPERTY LINES PER REFERENCE PLATS (SEE EXHIBIT PLAT NOTE #5)CENTERLINE OF PAVEMENTMATCH SHEET LINEMATCH SHEET LINEWETLANDSMATCH SHEET LINEWETLANDSUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUEUE UE UE UE UE UE UE UE UE UESF SF SF SF SF SF SF SF SF SF SF SFSFSFSFSFSFSFSFSFSFSF SF SF SFSF SF SFSFSFSFSFSFSF SF SF SF SF SF SF SF SFSFSFSFSFSF SF SF SF SFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSF SF SF SF SF SFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSF SF SF SF SF SF SF SF SF SF SF SFSFSFSFSFSFSFSFSFSFSF SF SFSFSF SF SFSFSFSFSFSF SF SF SF SF SF SF SF SF SFSFSFSFSFSF SF SF SFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSF SFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSF SF SF SF SF SF SF SF SF SF SF SF SF SF SF SFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSF SF SF SF SF SF SF SF SF SF SF SF SF SF SFUEUEUEUEUEUEUEUEUEUEUEUEUEN.C.HWY 903(60' R /W)CONTROL POINTNAIL WITH DISCELEVATION = 76.84'(NAVD 88 DATUM)N: 610,151.01E: 2,378,903.57N/FPITT & GREENE EMCTAX PARCEL #: 0800225ZONING: AGRICULTURAL /RURAL (AR)N/FPRESTON JAMES HARRIS &JOHNNIE ROCHELLE HARRISTAX PARCEL #: 0406050ZONING: AGRICULTURAL /RURAL (AR)N/FPITT & GREENE EMCTAX PARCEL #: 0423885ZONING: AGRICULTURAL/ RURAL (AR)100' ELECTRIC POWERLINE EASEMENT(PER REFERENCE PLAT #4)40' BU ILD ING SETBACK(PER ZON ING ORD INANCE)EDGE OF R /W 25 ' B U I L D I N G S E T B A C K (P E R Z O N I N G O R D I N A N C 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 SF SF SF SF SF SF SF SFSF SFSFSFSFSF SF SF SF SF SF SF SF SFSFSFSFSFSFSFSFSFSFSFS F S F S F SF SF SF SF SF SF SFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSF SF SF SF SF SF SF SF SF SFSF SFSFSFSFSF SF SF SF SF SF SF SF SFSFSFSFSFSFSFSFSFSFS F S F S F S F SF SF SF SF SF SF SFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSF 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. Page 2 of 3 Powered by TCPDF (www.tcpdf.org) Page 3 of 3 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  LinkedIn | Twitter | Blog | Flickr | www.TRCcompanies.com  Please note that our domain name and email addresses have changed