HomeMy WebLinkAbout20200734 Ver 1_401 Application_20200605Staff Review
Does this application have all the attachments needed to accept it into the review process?*
r Yes r No
ID#* 2020 Version* 1
0734
Is this project a public transportation project?* r Yes
r No
Reviewer List:* AmyAnnino:eads\amannino
Select Reviewing Office:* Asheville Regional Office - (828) 296-
4500
Submittal Type:* 401 Application
Does this project require a request for payment to be sent?
r Yes
r No
How much is owed?* r $240.00
r $570.00
Project Submittal Form
Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all
mandatory questions are answered.
Project Type:* r
New Project
r
New Project w Existing ID
r
Pre -Application Submittal
r
More Information Response
r
Other Agency Comments
r
For the Record Only (Courtesy Copy)
r
Stream or Buffer Appeal
New Project - Please check the new project type if you are trying to submit a new project that needs an official approval
decision.
Pre -Application Submittal - Please check the pre -application submittal if you just want feedback on your submittal and
do not have the expectation that your submittal will be considered a complete application requiring a formal decision.
More Information Response - Please check this type if you are responding to a request for information from staff and
you have and ID# and version for this response.
Other Agency Comments - Please check this if you are submitting comments on an existing project.
Project Contact Information
Name:
Email Address:
Project Information
Project Name:
Is this a public transportation project?
Heather LaGamba
VUio is subaitting the infornation?
hlagamba@pilotenviro.com
Westminster Solar
r Yes
r No
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
r Yes r No r Unknown
County (ies)
Rutherford
Please upload all files that need to be submited.
Describe the attachments: PCN for 401 WQC
Sign and Submit
Oickthe upload button or drag and drop files here to attach
docurrent
3243.3 Westminster
14.05M6
PCN_6.5.20.pdf
Only pdf or lm7 files are accepted.
W By checking the box and signing box below, I certify
that:
• I have given true, accurate, and complete information on this form;
• I agree that submission of this form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the
"Uniform Electronic Transactions Act")
• 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
o I intend to electronically sign and submit the online form."
Signature:
�r�r�rlfP� ,�i. ��a�arrkr
Submittal Date: Is filled in automatically.
Preliminary ORM Data Entry Fields for New Actions
ACTION ID #: SAW- 2019-01828
Prepare file folder ❑
1. Project Name [PCN Form A2a]: Westminster Solar
Begin Date (Date Received): 6.5.20
Assign Action ID Number in ORM ❑
2. Work Type: ❑✓ Private ❑Institutional ❑Government ❑Commercial
3. Project Description / Purpose [PCN Form 133d and 133e]:
Attached PCN
4. Property Owner / Applicant [PCN Form A3 or A41: Attached
5. Agent / Consultant [PNC Form A5 — or ORM Consultant ID Number]:
Brad Luckey, Pilot Enviromental, Inc.
6. Related Action ID Number(s) [PCN Form 135b]:
7. Project Location — Coordinates, Street Address, and/or Location Description [PCN Form B lb]:
Boy Scout Road, Westminster, NC
35.452671 /-81.909473
8. Project Location —Tax Parcel ID [PCN Form Bla]: Attached
9. Project Location — County [PCN Form A2b]: Rutherford
10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Westminster
11. Project Information — Nearest Waterbody [PCN Form 132a]: Second Broad River
12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: Broad/03050105
Authorization: Section 10 ❑ Section 404 ❑✓
Regulatory Action Type:
❑ Standard Permit
✓❑ Nationwide Permit #
❑ Regional General Permit #
❑ Jurisdictional Determination Request
Section 10 and 404 ❑
❑Pre -Application Request
❑ Unauthorized Activity
❑ Compliance
❑ No Permit Required
Revised 20150602
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre -Construction Notification PCN Form
A. Applicant Information
1.
Processing
1 a.
Type(s) of approval sought from the
Corps:
®Section 404 Permit El Section 10 Permit
1 b.
Specify Nationwide Permit (NWP) number: NWP 14 or General Permit (GP) number:
1c.
Has the NWP or GP number been verified by the Corps?
❑ Yes ® No
1d.
Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ 401
Certification:
❑ Yes ® No
For the record only for Corps Permit:
❑ Yes ® No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu
fee program.
❑ Yes ® No
1g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes ® No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes ® No
2.
Project Information
2a.
Name of project:
Westminster Solar, LLC
2b.
County:
Rutherford
2c.
Nearest municipality / town:
Westminster
2d.
Subdivision name:
2e.
NCDOT only, T.I.P. or state
project no:
3.
Owner Information
3a.
Name(s) on Recorded Deed:
David Hunt Jesse Bowes Jr.
3b.
Deed Book and Page No.
1064/400 363/417, 807/799, 1064/377, 807/803, 1072/602
3c.
Responsible Party (for LLC if
applicable):
3d.
Street address:
302 Greenmeadows Drive 1222 East Franklin Boulevard
3e.
City, state, zip:
Forest City, NC 28043 Gastonia, NC 28054
3f.
Telephone no.:
828-429-1822 704-864-2694
3g.
Fax no.:
3h.
Email address:
DavidHuntMCD@gmail.com connie.bowes@scouting.org
Page 1 of 13
PCN Form — Version 1.3 December 10, 2008 Version
4.
Applicant Information (if different from owner)
4a.
Applicant is:
❑ Agent ® Other, specify: Developer
4b.
Name:
Forrest Coldren
4c.
Business name
(if applicable):
Westminster Solar, LLC
4d.
Street address:
600 Park Offices Dr, Suite 285
4e.
City, state, zip:
Research Triangle Park, NC 27709
4f.
Telephone no.:
919-813-7990
4g.
Fax no.:
4h.
Email address:
FColdren@ecoplexus.com
5.
Agent/Consultant Information (if applicable)
5a.
Name:
Bradley S. Luckey
5b.
Business name
(if applicable):
Pilot Environmental, Inc.
5c.
Street address:
PO Box 128
5d.
City, state, zip:
Kernersville, NC 27285
5e.
Telephone no.:
336.708.4997
5f.
Fax no.:
5g.
Email address:
bluckey@pilotenviro.com
Page 2 of 13
PCN Form — Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
1. Property Identification
la. Property identification no. (tax PIN or parcel ID):
1610524, 1604841, 1649588, 1649589, 116678,
1625175,1610974
Latitude:35.452671 Longitude: -
1b. Site coordinates (in decimal degrees):
81.909473
(DD.DDDDDD) (-DD.DDDDDD)
1c. Property size:
1,195 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
Second Broad River
proposed project:
2b. Water Quality Classification of nearest receiving water:
WS-IV
2c. River basin:
Broad
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The site contains undeveloped fields, wooded land and timbered land. A portion of the northeastern portion of the site is
developed with a Boy Scout Camp. Residential development is located within the vicinity of the site.
3b. List the total estimated acreage of all existing wetlands on the property:
Wetland=28.822 Ac
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
Streams=57,882 LF
3d. Explain the purpose of the proposed project:
The purpose of the proposed project is to provide access and interconnection during development and long term
maintenance of the site as a solar farm.
3e. Describe the overall project in detail, including the type of equipment to be used:
The overall project consists of development of the site with a proposed solar farm. To facilitate development of the site
and construction of two proposed stream crossings, clearing and grading are necessary. Graders, haulers, excavators
and other heavy equipment will be used during site development.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
®Yes El No ❑Unknown
project (including all prior phases) in the past?
Comments: USACE SAW-2019-01828
4b. If the Corps made the jurisdictional determination, what type
®Preliminary El Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas?
Agency/Consultant Company: Pilot Enviromental, Inc.
Name (if known): Bradley Luckey/Catherine Carston/Michael
Other:
Brame/David Brame/Seren Homer
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
USACE SAW-2019-01828 dated Feburary 11, 2020
5. Project History
5a. Have permits or certifications been requested or obtained for
❑ Yes ® No ❑ Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
Page 3 of 13
PCN Form — Version 1.3 December 10, 2008 Version
6. Future Project Plans
6a. Is this a phased project? ❑ Yes ® No
6b. If yes, explain.
Impacts to streams/wetlands, outside of those proposed in this application, are not anticipated as a result of the proposed
project.
Page 4 of 13
PCN Form — Version 1.3 December 10, 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
1a. Which sections were completed below for your project (check all that apply):
❑ Wetlands ® Streams - tributaries ❑ Buffers
❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
2b.
2c.
2d.
2e.
2f.
Wetland impact
Type of jurisdiction
number—
Type of impact
Type of wetland
Forested
(Corps - 404, 10
Area of impact
Permanent (P) or
(if known)
DWQ — non-404, other)
(acres)
Temporary T
W1 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W2 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W3 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W4 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W5 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W6 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
2g. Total wetland impacts
2h. Comments: Wetland impacts are not proposed.
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
3b.
3c.
3d.
3e.
3f.
3g.
Stream impact
Type of impact
Stream name
Perennial
Type of jurisdiction
Average
Impact
number -
(PER) or
(Corps - 404, 10
stream
length
Permanent (P) or
intermittent
DWQ — non-404,
width
(linear
Temporary (T)
(INT)?
other)
(feet)
feet)
S1 ®P ®T
Culvert/Rip-
Rap/Pump Around
Unnamed
® PER
❑INT
® Corps
® DWQ
3
61/18/12
S2 ®P ®T
Culvert/Rip-
Rap/Pump Around
Unnamed
® PER
❑ INT
❑ Corps
❑ DWQ
3
42/15/12
S3 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S4 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S5 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S6 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
3h. Total stream and tributary impacts
103/33/24
3i. Comments: Stream impact 1 will permanently impact 61 linear feet of stream associated with culvert fill and 18 linear feet of
stream associated with keyed in rip -rap energy dissipater. An additional 12 linear feet of stream channel will be temporarily
impacted with a temporary coffer dam and pump around.
Stream impact 2 will permanently impact 42 linear feet of stream associated with culvert fill and 15 linear feet of stream
Page 5 of 13
PCN Form — Version 1.3 December 10, 2008 Version
associated with keyed in energy dissipater. An additional 12 linear feet of stream channel will be temporarily impacted with a
temporary coffer dam and pump around.
Rip -rap culvert aprons will be keyed into the existing elevation of stream beds and banks, thus resulting in no net loss. Area
of temporary impact will be restored to similar pre -construction grades and revegetated.
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a.
4b.
4c.
4d.
4e.
Open water
Name of waterbody
impact number —
(if applicable)
Type of impact
Waterbody type
Area of impact (acres)
Permanent (P) or
Temporary T
01 ❑P❑T
02 ❑P❑T
03 ❑P❑T
04 ❑P❑T
4f. Total open water impacts
4g. Comments: Open water impacts are not proposed.
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
5a.
5b.
5c.
5d.
5e.
Wetland Impacts (acres)
Stream Impacts (feet)
Upland
Pond ID
Proposed use or purpose
(acres)
number
of pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
Page 6 of 13
PCN Form — Version 1.3 December 10, 2008 Version
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a.
❑ Neuse ❑ Tar -Pamlico ® Other: Broad
Project is in which protected basin?
❑ Catawba ❑ Randleman
6b.
6c.
6d.
6e.
6f.
6g.
Buffer impact
number—
Reason
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P) or
for
Stream name
mitigation
(square feet)
(square feet)
Temporary T
impact
re uired?
B1 ❑P❑T
El Yes
❑ No
B2 ❑P❑T
El Yes
❑ No
B3 ❑P❑T
El Yes
❑ No
6h. Total buffer impacts
6i. Comments: Buffer impacts are not proposed.
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Due to development of the site with a solar farm, access road are needed for construction and long term maintenance of the
site. The road widths have been minimized to the extent practical (12-feet wide road deck) to safely accommodate tractor
trailers and other heavy equipment.
Initial designs included crossing 1 being located farther up -gradient and impacting 2 streams to provide similar access as
proposed. The applicant moved crossing 1 farther down -gradient, below the confluence of the streams, so that only one
stream would be impacted by the crossing. Additionally, the applicant has designed Crossing 1 to utilize head and endwalls
and a 2:1 culvert sideslope. The crossing locations were selected areas where the streams are narrowest and do not contain
adjacent wetlands, thus avoiding additional impacts to WoUS.
The applicant has designed utility connections between non-contiguous developable areas to be directional drilled, thus
avoiding additional temporary impacts to streams.
Permanent impact to streams associated with keyed in rip -rap to pre -construction stream bed elevations has been designed to
allow for aquatic passage and habitat to be maintained following culvert installation. Additionally, the use of rip -rap energy
dissipaters will be beneficial to down -gradient water bodies for reduction of in -stream flow velocities, sedimentation in down -
gradient water bodies and enhance stream stability following culvert replacement.
The remaining site development, including the solar arrays, inverters and remainder of the access roads have been designed
to avoid impacts to WoUS. There are approximately 28.822 acres of wetlands and 57,882 linear feet of streams located on
the site. The 28.822 acres of wetlands and remaining 57,722 linear feet of stream are being avoided.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
The clearing limits will be staked and silt fence will be used. Temporary coffer dams will be installed upgradient of the
proposed culverts. During construction, water will be pumped around the construction footprints. Appropriate stream bank
protection will be provided in the channels during construction and all excess excavated material will be immediately removed
from the stream bank crossing area and stock -piled within in uplands. Upon completion of the culvert installations, the
temporary sand bag coffer dams will be removed and flow will be diverted through the culverts. Following construction,
disturbed banks will be restored to similar pre -construction conditions, matted and seeded/live staked.
Page 7 of 13
PCN Form — Version 1.3 December 10, 2008 Version
2.
Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a.
Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
❑ Yes ® No
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
2c.
If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
El Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3.
Complete if Using a Mitigation Bank
3a.
Name of Mitigation Bank:
3b.
Credits Purchased (attach receipt and letter)
Type
Quantity
3c. Comments:
4.
Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b.
Stream mitigation requested:
linear feet
4c.
If using stream mitigation, stream temperature:
❑ warm ❑ cool ❑cold
4d.
Buffer mitigation requested (DWQ only):
square feet
4e.
Riparian wetland mitigation requested:
acres
4f.
Non -riparian wetland mitigation requested:
acres
4g.
Coastal (tidal) wetland mitigation requested:
acres
4h.
Comments:
5.
Complete if Using a Permittee Responsible Mitigation Plan
5a.
If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
6.
Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
❑ Yes ® No
6b.
If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g.
If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
Page 8 of 13
PCN Form — Version 1.3 December 10, 2008 Version
6h. Comments:
Page 9 of 13
PCN Form — Version 1.3 December 10, 2008 Version
E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1 a.
Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ® No
within one of the NC Riparian Buffer Protection Rules?
1 b.
If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes No
Comments:
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
<10 %
2b.
Does this project require a Stormwater Management Plan?
❑ Yes ® No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why:
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
® Certified Local Government
2e.
Who will be responsible for the review of the Stormwater Management Plan?
❑ DWQ Stormwater Program
❑ DWQ 401 Unit
3.
Certified Local Government Stormwater Review
3a.
In which local government's jurisdiction is this project?
Rutherford County
❑ Phase II
❑ NSW
3b.
Which of the following locally -implemented stormwater management programs
❑ USMP
apply (check all that apply):
® Water Supply Watershed
❑ Other:
3c.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ® No
attached?
4.
DWQ Stormwater Program Review
❑ Coastal counties
❑ HQW
4a.
Which of the following state -implemented stormwater management programs apply
❑ ORW
(check all that apply):
❑ Session Law 2006-246
❑ Other:
4b.
Has the approved Stormwater Management Plan with proof of approval been
attached?
❑ Yes ❑ No
5.
DWQ 401 Unit Stormwater Review
5a.
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b.
Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 10 of 13
PCN Form — Version 1.3 December 10, 2008 Version
F.
Supplementary Information
1.
Environmental Documentation (DWQ Requirement)
1a.
Does the project involve an expenditure of public (federal/state/local) funds or the
❑ Yes
® No
use of public (federal/state) land?
1 b.
If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes
® No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c.
If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
❑ Yes
® No
letter.)
Comments: A NEPA or SEPA is not required as part of this project.
2.
Violations (DWQ Requirement)
2a.
Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
❑ Yes
® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b.
Is this an after -the -fact permit application?
❑ Yes
® No
2c.
If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3.
Cumulative Impacts (DWQ Requirement)
3a.
Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes
® No
additional development, which could impact nearby downstream water quality?
3b.
If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
We are not aware of additional development that will result which will impact nearby WoUS.
4.
Sewage Disposal (DWQ Requirement)
4a.
Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
Wastewater will not be generated by the proposed project.
Page 11 of 13
PCN Form — Version 1.3 December 10, 2008 Version
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
❑ Yes ® No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
® Yes ❑ No
impacts?
❑ Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted.
® Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
Pilot contacted the USFWS to request their review and comment pertaining to threatened and endangered species known
to occur in Rutherford County, North Carolina and the affect of the larger proposed project to these species. The USFWS
reviewed the larger solar farm project and issued comments dated 10.28.2019 (attached), 3.27.2020 (attached) and
4.20.2020 (attached). Based on our observations and USFWS consultation, the proposed project was not likely to
adversely affect federally protected species provided that impacts to streams/wetlands could be avoided. Once potential
stream/wetland crossing locations were determined to be necessary, Pilot conducted a detailed survey within the crossing
locations to determine if dwarf -flowered heartleaf was present and would be adversely affected from the proposed
crossings. Pilot identified several populations of dwarf -flowered heartleaf proximate to the potential crossings. However,
the crossings have been designed to avoid the identified populations and associated 50-foot protective buffers from
identified populations. The survey results were provided to the USFWS for review and comment. The USFWS concured
with Pilot's determination that the project may affect, but is not likely to adversely affect dwarf -flowered hearleaf.
Additionally, once the construction duration was identified for the project, Pilot provided notice to the USFWS that tree
clearing activities may occur during the Northern long-eared bat maternity roosting non-volant pup season. The USFWS
indicated in their response letter that the project is excepted under the 4(d) rule listing for NLEB. Suitable habitat for other
federally protected species known to occur within Rutherford County is not present on the site. Therefore, the project is
not likely affect other federally protected species or their habitat.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ®No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
Based on our knowledge of the site, the site is not located in or near an area designated as essential fish habitat. Best
management practices and the use of temporary sediment and erosion control devices will prevent sediment from entering
down -gradient waterbodies which may contain fish.
Page 12 of 13
PCN Form — Version 1.3 December 10, 2008 Version
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes ® No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
The SHPO reviewed the proposed project as part of an intergovernmental agency review and issued comments dated
3.1.2018 (attached). According to the response, the NCSHPO is unable to provide comments concerning archaeological
resources until a map depicting ground disturbance areas is provided for review. Following the response, two
archaeological investigations were conducted at the site between April 2018 and October 2019. According to the
archaeological investigation conducted between April 2018 and June 2019, eleven archaeological sites and a cemetery
were identified on the site. The archaeological sites were determined not to be eligible for listing on the NRHP. No new
archaeological finds were identified during the October 2019 assessment. The NCSHPO provided concurrence of the
initial archaeological investigation in a letter dated 9.10.2019 (attached). The response letter indicates that the NCSHPO
concurs that the identified archaeological finds are not eligible for listing on the NRHP and recommends a 10-foot buffer
marked by temporary fencing be placed around the cemetery to avoid inadvertent disturbances.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?
❑ Yes ® No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? 3710162300J, 3710163300J, 3710162200J and
3710163200J (Drawing 4)
Digitally signed by Bradley S. Luckey
DN: cn=Bradley S. Luckey, o=Pilot
Enviromental, Inc., ou,
a
Bradley S. Luckey
/ rF email=bluckey@pilotenviro.com,
6.5.2020
c=US
Date: 2020.06.05 14:04:42-04'00'
Applicant/Agent's Printed Name
Applicant/Agent's Signature
Date
(Agent's signature is valid only if an authorization letter from the applicant
isprovided.)
Page 13 of 13
PCN Form — Version 1.3 December 10, 2008 Version
AGENT AUTHORIZATION
This form authorizes Pilot to act as our agent in stream/wetland matters including U.S. Army
Corps of Engineers and North Carolina Division of Water Resources field verification and
permitting.
Property Address:
1105 Boy Scout Road
Rutherfordton, NC 28139
Applicant Information:
Name: Ecoplexus Inc. c/o Forrest Coldren
Address: 600 Park Offices Dr, Suite 285, Research Triangle Park, NC 27709
Telephone Number: 919-813-7990
Fax Number:
E-mail Address:
FColdren@ecoplexus.com
C G�� 28 2020
Signature: Date: 4 / /
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ID
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DURATION
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SCALE:
AS NOTED
DATE:
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JOB NUMBER:
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DRAWN BY:
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EXISTING
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1. PERENNIAL STREAM & WETLAND DELINEATION PROVIDED BY PILOT
ENVIRONMENTAL, INC.
2. DISTURBANCE AT THE PERENNIAL CROSSING SHALL BE MINIMIZED TO THE
EXTENT PRACTICABLE FOR INSTALLATION OF THE CULVERTS.
3. ALL CONSTRUCTION SHALL BE CONDUCTED IN ACCORDANCE WITH NCDEQ
STANDARDS.
4. ALL TEMPORARY EROSION CONTROL MEASURES SHALL BE MAINTAINED IN
PROPER WORKING CONDITION THROUGHOUT CONSTRUCTION.
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LENGTH OF PERENNIAL STREAM DISTURBED:
PERMANENT (PIPE & GRADING) = 61.0 FT.
PERMANENT (RIP RAP APRON) = 18.0 FT.
PERMANENT (TOTAL) = 79.0 FT.
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5. INSTALL TEMPORARY SILT FENCE STONE OUTLETS AT LOW POINTS IN SILT FENCE
AS NECESSARY.
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221 PROVIDENCE ROAD.
(919) 929 - 0481
CHAPEL HILL. N.C. 27514
(919) 489 - 4789
SCALE:
AS NOTED
DATE:
24 APR 20
JOB NUMBER:
114003.27
DRAWN BY:
T.L.P.
REVIEWED BY:
A.R.S.
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CROSSING SECTION A -A
SCALE: N.T.S.
CULVERT TO BE PLACED
6" BELOW THE EXISTING
DITCH ELEVATION.
DID
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PLACED 6" BELOW EXISTING GRADE
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PERENNIAL STREAM IMPACT SUMMARY:
LENGTH OF PERENNIAL STREAM DISTURBED:
PERMANENT (PIPE & GRADING) = 42.0 FT.
PERMANENT (RIP RAP APRON) = 15.0 FT.
PERMANENT (TOTAL) = 57.0 FT
TEMPORARY (DE -WATERING) = 12.0 FT. LEGEND:
PERENNIAL STREAM
NOTES: SILT FENCE
DIVERSION DITCH
1. PERENNIAL STREAM DELINEATION PROVIDED BY PILOT ENVIRONMENTAL, INC.
LIMITS OF DISTURBANCE
2. DISTURBANCE AT THE JURISDICTIONAL DITCH CROSSING SHALL BE MINIMIZED TO THE EXTENT
PRACTICABLE FOR INSTALLATION OF THE CULVERT.
3. ALL CONSTRUCTION SHALL BE CONDUCTED IN ACCORDANCE WITH NCDEQ STANDARDS.
4. ALL TEMPORARY EROSION CONTROL MEASURES SHALL BE MAINTAINED IN PROPER WORKING CONDITION
THROUGHOUT CONSTRUCTION.
5. INSTALL TEMPORARY SILT FENCE STONE OUTLETS AT LOW POINTS IN SILT FENCE AS NECESSARY.
6. ADDITIONAL EROSION CONTROL MEASURES AND/OR MODIFICATIONS TO PROPOSED MEASURES MAY BE
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221 PROMENCE ROAD.
(919) 929 - 0481
CHAPEL HILL, N.C. 27514
(919) 489 - 4789
SCALE:
AS NOTED
DATE:
23 APR 20
JOB NUMBER:
114003.27
DRAWN BY:
T.L.P.
REVIEWED BY:
A.R.S.
EXHIBIT
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work area (2 foot minimum)
cross section of sandbag dike
PUMP AROUND DETAIL
NOTES:
1. PUMP AROUND DIKES SHALL NOT BE SET OUTSIDE OF THE DISTUREBEDAMPACT
LIMITS SHOWN ON THE PLANS-
2. INSTALL PUMP -AROUND DIVERISON AND DEWATER THE CONSTRUCTION ZONE
THROUGH THE DEWATERING DEVICE. THE CONTRACTOR SHALL STAGE THE LIMITS OF
THE PUMP -AROUND FLOW DIVERSION TO DEWATER ONLY THAT SECTION SCHEDULED
FOR THAT DAYS WORK. AT THE END OF EACH WORK DAY, THE WORE[ AREA SHALL BE
STABILIZED, THE PUMP AROUND PRACTICE REMOVED, AND THE FLOW RESTORED TO
THE CHANNEL- WORK SHALL BE COMPLETED ONLY DURING FORECAST PERIODS OF
DRY WEATHER -
PLAN VIEW
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DEWATERING BASIN DETAIL
DITCH RESTORATION NOTES:
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2. PLANTS USED IN THE RESTORATION SHALL
BE OF A NATIVE SPECIES SIMILAR TO THE
PLANTS SURROUNDING THE DISTURBED
AREA.
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ASSOCIATES, PA
221 PROVIDENCE ROAD. CHAPEL HILL. N.C. 27514
(919) 929 - 0481 (919) 489 - 4789
SCALE: AS NOTED
DATE: 23 APR 20
JOB NUMBER: 114003.27
DRAWN BY: T.L.P.
REVIEWED BY: A.R.S.
EXHIBIT
3
"cHr Or rtiF � ee ELDUFE
United States Department of the Interior
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g ' FISH AND WILDLIFE SERVICE
• �9RC11 3 �aa Asheville Field Office �•�`'
160 Zillicoa Street Suite #B
Asheville, North Carolina 28801
October 28, 2019
Ms. Catherine Carston
Pilot Environmental, Inc.
P.O. Box 128
Kernersville, North Carolina 27285
Dear Ms. Carston:
Subject: Listed Species Assessment, for Proposed 1,195-Acre Solar Array Site (Westminster
Solar), adjacent to Boy Scout Road, in Westminster, Rutherford County, North
Carolina (Pilot Project No. 3243.1)
On September 23, 2019, we received (via e-mail) a letter from you requesting our review of the
subject project. Included with your letter was a copy of the threatened and endangered species
assessment (conducted by Pilot Environmental, Inc. personnel) for the project site. We have
reviewed the information that you presented and the following comments are provided in
accordance with the provisions of the National Environmental Policy Act (42 U.S.C.§ 4321 et
seq.); the Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661-667e); the Migratory
Bird Treaty Act, as amended (16 U.S.C. 703); and section 7 of the Endangered Species Act of
1973, as amended (16 U.S.C. 1531-1543) (Act).
Project Description. According to the information presented, your client is proposing to
construct a solar array on a 1,195-acre site. The proposed project site consists of forested areas,
clear-cut areas, and agricultural fields. The forested areas consist of mature mixed
hardwood/pine stands and planted pine stands. The forested areas range in age from 5-50 years
old. Most of the forested areas contain medium to dense understory growth and some areas are
heavily impacted by non-native invasive species. Streams are located throughout the site and a
portion of the site borders the Second Broad River. The site also contains several wetlands and a
pond. Your letter did not include any information as to proposed or potential impacts to aquatic
resources on the site.
Federally Listed Endangered and Threatened Species. We agree with your assessment that
the project site contains suitable habitat for federally listed species including northern long-eared
bat (Myotis septentrionalis), and dwarf -flowered heartleaf (Hexastylis naniflora), which are both
currently federally listed as threatened. You assessment indicates that suitable habitat for all
other federally listed species known to occur in Rutherford County does not occur within the
Ms. Carston — Pilot Env. 2
project site. For this reason you have determined that the project will have "no effect" to these
species. We concur. You have made a "may affect, not likely to adversely affect" determination
for dwarf -flowered heartleaf and northern long-eared bat and provided justification for this
determination. We have reviewed the information you presented regarding dwarf -flowered
heartleaf and northern long eared bat and their habitats within the project site and our assessment
for these species per section 7 of the Act are as follows:
Dwarf -flowered heartleaf — As indicated in your species assessment, habitat for dwarf -
flowered heartleaf on the project site occurs on north facing slopes along streams and
wetlands and any opportunity for impacts to this species would be limited to
stream/wetland crossings. Your assessment states that a 50-foot riparian buffer will be
maintained along all streams and wetlands. For this reason, you have made a "may
affect, not likely to adversely affect'' determination for dwarf -flowered heartleaf. Though
we agree with your statement, we cannot concur with your "not likely to adversely
affect'' for dwarf -flowered heartleaf until all stream/wetland crossing locations have been
surveyed to ensure that the species does not occur within crossing corridors. Until the
stream/wetland crossings have been identified and surveyed for occurrence of dwarf -
flowered heartleaf, we cannot provide concurrence/conclusion of your client's
responsibilities under section 7 of the Act for this species.
Northern long-eared bat —Your letter indicates that the project site contains suitable
summer maternity roosting habitat for northern long-eared bat. You have made a "may
affect, not likely to adversely affect" because the project site is about 13-miles away from
the nearest known occurrence and there is suitable habitat adjacent to the site. According
to our occurrence data for northern long-eared bat, there are four occurrence sites within
a 20-mile radius of the project site. The recent 4(d) rule implemented for the listing of
northern long-eared bat, recommends a cutting moratorium of June 1-July 31 be
implemented within areas of habitat for this species. Because there is a large amount of
suitable habitat that will be removed in association with the project construction and
given the multiple occurrence records for this species in close proximity to the project
site, our concurrence with your "may affect, not likely to adversely affect" determination
can only be provided if the cutting moratorium of June 1-July 31 is implemented into the
plans. If the cutting moratorium cannot be implemented for tree removal associated with
the project, additional consultation with this office will be necessary. Until we are
provided information indicating the implementation of the cutting moratorium or are
provided additional information to conclude section 7 consultation, we do not believe the
requirements under section 7 of the Act have been completed for this species.
Wildlife Resources
Although solar energy production is a fast-growing renewable energy source that can lessen
overall impacts to natural resources when compared to conventional energy sources (coal, oil,
gas, etc.), we believe solar farms can adversely affect valuable natural resources if they are not
properly planned and constructed. Impacts to natural resources from the construction, operation,
and maintenance of solar farms include: introduction of invasive species; use of herbicides;
creation of large, clear open spaces; and barriers created from fencing.
Ms. Carston — Pilot Env.
To offset the overall impacts of solar facilities and/or to increase the habitat and species diversity
within the solar facility area, we further recommend the following measures be implemented into
project design:
Sow native seed mixes with plant species that are beneficial to pollinators. Taller -growing
pollinator plant species should be planted around the periphery of the site and anywhere on
the site where mowing can be restricted during the summer months. Taller plants, not
mowed during the summer, would provide benefits to pollinators, habitat to
ground-nesting/feeding birds, and cover for small mammals. Low-growing/groundcover
native species should be planted under the solar panels and between the rows of solar panels.
This would provide benefits to pollinators while also minimizing the amount of
maintenance, such as mowing and herbicide treatment. Using a seed mix that includes
milkweed species (milkweed is an important host plant for monarch butterflies) is especially
beneficial. The following Web site provides a comprehensive list of native plant species
that benefit pollinators:
http://www.xerces.oWlwp-content/uploads/2014/09/MidAtlanticPlantList web.pdf
Additional information regarding site prep, plant species, seed mixes, and pollinator habitat
requirements can be provided upon request. The Service and the North Carolina Wildlife
Resources Commission have recently completed a guidance document titled "North
Carolina Technical Guidance for Native Plantings on Solar Sites". That document is
included as an attachment to our email along with this letter. We also offer our assistance
with developing seed mixes that can be used in conjunction with fast growing erosion
control seed mix for overall soil stability and pollinator benefits.
2. Create openings in fencing to allow passage for small mammals and turtles.
3. If possible, the solar field should be designed with open areas spread throughout the project
site and planted and maintained with taller pollinator -friendly plant species. This practice
would benefit pollinators, create diversity throughout the site, and provide much -needed
shelter islands to aid in the movement of small mammals and birds.
4. Create habitat for a diversity of species in "screening" areas. In all areas of the site where
vegetative `screening' will be required, we recommend that a diverse selection of tree and
shrub species be used to create a hedgerow type habitat structure. Hedgerows typically
include a variety of tree and shrub species that vary in height, as opposed to hedges, which
are usually made up of a single species in a closely spaced row. The resulting layers of
plants mimic a woodland or forest edge, fulfilling different habitat functions for wildlife
such as shelter, nesting sites, and food sources. Recent studies suggest that hedgerows
generally support a higher diversity of pollinator species than surrounding landscapes, and
provide a valuable forage resource and corridor for movement of pollinators.
5. Implement a mowing and maintenance program that restricts mowing during the summer
months. Mowing at the site should be restricted to the smallest area possible to manage the
site for pollinator habitat. We recommend that your client evaluate its maintenance plan to
Ms. Carston — Pilot Env. 4
target ecological/habitat benefits to other wildlife species, especially pollinators and birds
that require Piedmont Prairie habitat. One of the best ways to accomplish this objective is to
use Integrated Vegetation Management (IVM) practice using low -volume herbicide
applications when planning management activities. Recent research indicates that pollinator
nest sites in utility right-of-ways managed with " practices have been found to contain
about 30% more pollinator nesting sites and species richness than traditionally mowed
maintenance areas. Aside from removing problem vegetation, the primary focus should be
placed on establishing native grasses and wildflowers throughout the site. The overall
objective is to reach a sustainable level of grasses, forbs, and flowering shrubs (wherever
feasible) throughout the project area.
Create and/or maintain forested riparian buffers (a minimum 50 feet wide along intermittent
streams and 100 feet wide along perennial streams [or the full extent of the 100 year
floodplain, whichever is greater]) along all aquatic areas. Within the watersheds of streams
supporting endangered aquatic species, we recommend undisturbed, forested buffers that are
naturally vegetated with trees, shrubs, and herbaceous vegetation and extend a minimum of
200 feet from the banks of all perennial streams and a minimum of 100 feet from the banks
of all intermittent streams, or the full extent of the 100 year floodplain, whichever is
greater.) Vegetated riparian buffers are vital to maintaining a healthy ecosystem. For
pollinators, these areas can provide many important elements such as food sources, shelter,
and nesting habitat. Most importantly, however, is these areas provide a water source for
pollinators. A clean, reliable water source provides drinking and bathing opportunities for
pollinators. Research indicates that vegetated riparian areas have a higher floristic diversity
than other areas, and support more foraging pollinators than adjacent fields. By preserving
or restoring vegetated aquatic buffers, solar sites can help increase water quality and
quantity, and provide cover for pollinators to move safely between feeding, nesting, and
watering areas. Un-interrupted/connected vegetated riparian buffers also provide safe travel
corridors between nesting sites for greater dispersal and reproductive efforts.
7. Provide nesting sites for pollinator species. Different pollinators have different needs for
nesting sites. Therefore, we recommend designing the solar facility to maintain a diverse
array of habitats to accommodate varied pollinators, from hummingbirds to butterflies to
bees. Hummingbirds typically nest in trees or shrubs while many butterflies lay eggs on
specific host plants. Most bees nest in the ground and in wood or dry plant stems. For
additional information and actions that can be taken to benefit pollinators please visit the
following Web site:
http://www.fys.govlpollinatoLslpollinatorpa/yourhelp. html.
We appreciate the opportunity to provide comments on this project. We appreciate the
opportunity to provide comments on this project. Please contact Mr. Bryan Tompkins of our
staff at 828/258-3939, Ext. 42240, if you have any questions. In any future correspondence
concerning this project, please reference our Log Number 4-2-19-411.
"cHr Or rtiF � ee ELDUFE
United States Department of the Interior
g
g ' FISH AND WILDLIFE SERVICE
• �9RC11 3 �aa Asheville Field Office �•�`'
160 Zillicoa Street Suite #B
Asheville, North Carolina 28801
March 27, 2020
Ms. Catherine Carston
Pilot Environmental, Inc.
P.O. Box 128
Kernersville, North Carolina 27285
Dear Ms. Carston:
Subject: Hexastylis naniflora Survey, for Proposed 1,195-Acre Solar Array Site (Westminster
Solar), adjacent to Boy Scout Road, in Westminster, Rutherford County, North
Carolina (Pilot Project No. 3243.1)
On March 26, 2020, we received (via e-mail) a copy of your Detailed Hexastylis naniflora
Survey Report containing information regarding the Hexastylis naniflora survey conducted by
Pilot Environmental, Inc. (Pilot) at the project site. We originally provided comments on the
proposed solar project to you on October 28, 2019. We have reviewed the information that you
presented and the following comments are provided in accordance with the provisions of
section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act).
Project Description
According to the information presented, your client is proposing to construct a solar array on a
1,195-acre site. The proposed project site consists of forested areas, clear-cut areas, and
agricultural fields. The forested areas consist of mature mixed hardwood/pine stands and planted
pine stands. The forested areas range in age from 5-50 years old. Most of the forested areas
contain medium to dense understory growth and some areas are heavily impacted by non-native
invasive species. Streams are located throughout the site and a portion of the site borders the
Second Broad River. Construction of the project will require several stream crossings to provide
access to the site. Two stream crossing locations have been identified and the location of a
potential third crossing location has been indicated in project plans.
In our October 28, 2019 comments to you, we indicated that we could not concur with a section
7 determination for Hexastylis naniflora until surveys of the stream crossing locations were
completed. In that letter, we requested that surveys for Hexastylis naniflora at any proposed
stream crossing be conducted because the project site contains suitable habitat for this species.
According to the information presented, personnel form Pilot conducted surveys on March 11,
2020 for Hexastylis naniflora at all three proposed stream crossing locations. Areas of suitable
Ms. Homer - Pilot 2
habitat at the three stream crossing locations were surveyed. Multiple populations of Hexastylis
sp. plants were found within proximity to all three stream crossings. Some were easily
distinguished as Hexastylis arifolia due to the shape of leaves. Other Hexastylis sp. plants could
not be identified to the species level because plants were not in flower at the time of survey. For
this reason, Pilot is assuming that the plants are Hexastylis naniflora and amending project plans
accordingly. All locations of assumed Hexastylis naniflora populations were demarcated using
GPS and a protective 50-foot vegetative buffer was placed around each population. Stream
crossing locations have been planned and will be constructed in areas outside of the 50-foot
protective buffer of the Hexastylis naniflora populations. In addition to the 50-foot vegetative
buffer around the Hexastylis naniflora populations, a 50-foot protective riparian buffer will also
be preserved along the streams found on the site. Given these measures, Pilot has made a "may
affect, not likely to adversely affect" determination for Hexastylis naniflora. We appreciate the
survey information and efforts provided to protect the Hexastylis naniflora populations on the
site. We concur with your "may affect, not likely to adversely affect" determination for
Hexastylis naniflora and we believe the requirements under section 7 of the Act are fulfilled for
this species. However, obligations under section 7 of the Act must be reconsidered if: (1) new
information reveals impacts of this identified action that may affect listed species or critical
habitat in a manner not previously considered, (2) this action is subsequently modified in a
manner that was not considered in this review, or (3) a new species is listed or critical habitat is
determined that may be affected by the identified action. Additionally, we ask that you refer to
our October 28, 2019 letter that includes our section 7 concurrence for all other federally listed
species known to occur in Rutherford County.
We appreciate the opportunity to provide comments on this project. Please contact Mr. Bryan
Tompkins of our staff at 828/258-3939, Ext. 42240, if you have any questions. In any future
correspondence concerning this project, please reference our Log Number 4-2-19-411.
"cHr Or rtiF � ee ELDUFE
w� United States Department of the Interior
-t
g
g ' FISH AND WILDLIFE SERVICE
• �9RC11 3 �aa Asheville Field Office �•�`'
160 Zillicoa Street Suite #B
Asheville, North Carolina 28801
April 20, 2020
Mr. David Brame
Ms. Catherine Carston
Pilot Environmental, Inc.
P.O. Box 128
Kernersville, North Carolina 27285
Dear Mr. Brame and Ms. Carston:
Subject: Section 7 Concurrence for Northern Long -Eared Bat at the Proposed 1,195-Acre Solar
Array Site (Westminster Solar), adjacent to Boy Scout Road, in Westminster,
Rutherford County, North Carolina (Pilot Project No. 3243.1)
On September 23, 2019, we received (via e-mail) a letter from you requesting our review of the
subject project. We provided comments to you in a letter dated October 28, 2019. In that letter,
we indicated that we could not concur with a "may affect, not likely to adversely affect"
determination for the project due to the amount of tree clearing that will result in the loss of high
quality summer roosting habitat on the site. On April 13, 2020, we received an email from you
providing information on the proposed tree clearing at the site. We have reviewed the
information that you presented and the following comments are provided in accordance with the
provisions of section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C.
1531-1543) (Act).
According to the information included in your email, tree clearing at the site will begin in May
2020 and proceed for the next four to five months. Due to the amount of summer maternity
roosting habitat for northern long-eared bat located on the site that will be removed, you have
made a "may affect" determination for this species. Although the project site contains suitable
summer roosting habitat and is in close proximity to known occurrences for northern long-eared
bat, we agree with your assessment that the project does not occur within 150-feet of a known
roost tree or'/4-mile of a known hibernacula. The final 4(d) rule (effective as of February 16,
2016), exempts incidental take of northern long-eared bat associated with activities that occur greater
than 0.25 miles from a known hibernation site, and greater than 150 feet from a known, occupied
maternity roost during the pup season (June I — July 31). Because the project will occur at a location
where any incidental take that may result from associated activities is exempt under the 4(d) rule, any
take associated with the project is covered/excepted under the January 6, 2016 Programmatic
Biological Opinion completed by the Service for the 4(d) rule. Therefore, we believe the
Ms. Carston — Pilot Env. 2
requirements under section 7 of the Act are fulfilled for this species. However, obligations under
section 7 of the Act must be reconsidered if: (1) new information reveals impacts of this
identified action that may affect listed species or critical habitat in a manner not previously
considered, (2) this action is subsequently modified in a manner that was not considered in this
review, or (3) a new species is listed or critical habitat is determined that may be affected by the
identified action. Although not required, we still encourage your client to avoid any associated
tree clearing activities during the maternity roosting/non-volant pup season from June 1 - July
31.
We appreciate the opportunity to provide comments on this project. We ask that you refer to our
October 28, 2019 letter for additional conservation measures/recommendations for the proposed
project. Please contact Mr. Bryan Tompkins of our staff at 828/258-3939, Ext. 42240, if you
have any questions. In any future correspondence concerning this project, please reference our
Log Number 4-2-19-411.
North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Banos, Administrator
Governor Roy Cooper
secretary Susi H. Hamilton
February 22, 2018
MEMORANDUM
TO: Crystal Best
North Carolina State Clearinghouse
Department of Administration
FROM: Ramona M. Bartos0*4rRaMusj�. 9.5W,496
SUBJECT: 75MW Westminster PV1 Solar Farm, Centennial Road and SR 1602,
Rutherfordton, Rutherford County, CH 18-0180
Thank you for your submission of the above -referenced project.
Of&& of Archives and History
Deputy Secretary Kevin Cherry
We are unable to comment on the potential effect of this project on archaeological resources until we receive
further information.
Please forward a map clearly indicating the exact location of any ground disturbing activities associated with
this project. Information concerning previous land use of the areas to be disturbed would also aid in the
completion of our review.
We have determined that the project as proposed will not have an effect on any historic structures.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR
Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579 or
environmental.revieu,( i,ncdcr.gov. In all future communication concerning this project, please cite our
tracking number, CH 18-0180.
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699A617 Telephone/Fax: (919) 8074570/807-6599
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North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Roy Cooper
Secretary Susi H. Hamilton
May 21, 2018
Anna Henry
Ecoplexus, Inc.
807 East Main Street, Suite 6-050
Durham, NC 27701
Office of Archives and History
Deputy Secretary Kevin Cherry
Re: Construct 75 MW Westminster PV1 Solar Farm, Centennial Road and SR 1602, Rutherfordton,
Rutherford County, CH 18-0180
Dear Ms. Henry:
Thank you for your email of April 11, 2018, providing a map for the above -referenced project.
There are two previously recorded prehistoric archaeological sites (31RF56 and 31RF60), and one historic
cemetery (31RF136**) located within the project area. Archaeological sites 31RF56 and 31RF60 have not been
evaluated for National Register eligibility. The project area has never been systematically surveyed to determine
the location or significance of additional archaeological resources. Based on the topographic and hydrological
situation and the known sites in the area, there is a high probability for the presence of additional prehistoric or
historic archaeological sites in the project area.
We recommend that a comprehensive survey be conducted by an experienced archaeologist to identify and
evaluate the significance of archaeological remains that may be damaged or destroyed by the proposed project.
Potential effects on unknown resources must be assessed prior to the initiation of construction activities. We
recommend that the cemetery, 31RF136**, be avoided by construction in accordance with North Carolina
General Statutes.
Two paper and two digital copies of the resulting archaeological survey report, as well as two copies of the
appropriate site forms, should be forwarded to us for review and comment as soon as they are available and
well in advance of any construction activities.
A list of archaeological consultants who have conducted or expressed an interest in contract work in North
Carolina is available at www.archaeology.ncdcrgov/ncarch/resource/consultants.htm/ncarch/resource/consultants.htm. The archaeologists listed, or
any other experienced archaeologist, may be contacted to conduct the recommended survey. Prior to initiating
the survey, the archaeological consultant must consult with Western Office staff archaeologist, Linda Hall, at
828/296-7230 or linda.hall�ncdcr.gov.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR
Part 800.
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
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579 or
environmental.review&ncdcr.gov. In all future communication concerning this project, please cite the above
referenced tracking number.
Sincerely,
Ln(Ramona M. Bartos
North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administcator
Governor Roy Cooper
Secretary Susi H. I Iamilton
September 10, 2019
Kimberly Nagle
S&ME, Inc.
134 Suber Road
Columbia, SC 29210
Re: 75 MW Westminster PV1 Solar Farm, Centennial Road and SR 1602, Rutherfordton,
Rutherford County, CH 18-0180
Dear Ms. Nagle:
Office of Archives and History
Deputy Secretary Kevin Cherry
Thank you for your letter of July 29, 2019, transmitting the archaeological survey report by S&ME for the above
project.
During the course of the survey, eleven previously unrecorded archaeological sites were located within the project
area, and one previously recorded cemetery, 31RF136, was documented. Three previously recorded sites were not
relocated. For purposes of compliance with Section 106 of the National Historic Preservation Act, we concur that
31RF253-263 and 31RF136 are not eligible for listing in the National Register of Historic Places. These sites do not
retain sufficient subsurface integrity or artifact density to yield information important to history or prehistory, and
no additional archaeological work is recommended.
Although the Logan Family Cemetery (31RF136) is not eligible for the National Register, preservation is
recommended. S&ME recommends that a 10-foot buffer marked by temporary fencing should be placed around
the cemetery to avoid inadvertent disturbance. We concur with this recommendation. If the cemetery cannot be
preserved in place, removal of the graves should be undertaken in accordance with the provisions of NCGS 65-106.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory
Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact
Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579 or environmental.reviewkncdcr.gov. In
all future communication concerning this project, please cite the above referenced tracking number.
Sincerely,
kA*Ramona Bartos, Deputy
U Deputy State Historic Preservation Officer
cc: Anna Henry, Ecoplexus, Inc.
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
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW 2019-01828 County: Rutherford U.S.G.S. Quad: NC- Rutherfordton North
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor:
Piedmont Council, Inc
Jesse Bowes
Address:
1222 East Franklin Boulevard
Gastonia, NC 28054
Telephone Number:
704-864-2694
E-mail:
connie.bowes@scouting.org
Size (acres) 1195 Nearest Town Union Mills
Nearest Waterway Second Broad River River Basin Santee
USGS HUC 03050105 Coordinates Latitude: 35.452671
Longitude:-81.909473
Location description: 668 Boy Scout Road Rutherfordton NC 28139 The site is located northwest and southeast of
BoyScout Road, Westminster, NC. The site contains wooded land. The site is proposed for development with a proposed
SolarFarm.
Indicate Which of the Following Apply:
A. Preliminary Determination
® There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The
waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate
and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 9/13/2019. Therefore
this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory
mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection
measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any
way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an
appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may
request an approved JD, which is an appealable action, by contacting the Corps district for further instruction.
❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403).
However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination
may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is
merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which
is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters,
including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland
delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit
requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act
(CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for
a period not to exceed five years from the date of this notification.
❑ There are waters, including wetlandson the above described project area/property subject to the permit requirements of Section
404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be
able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that
can be verified by the Corps.
❑ The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by
the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated. We strongly suggest
SAW 2019-01828
you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified,
this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is
no change in the law or our published regulations, may be relied upon for a period not to exceed five years.
❑ The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the
Corps Regulatory Official identified below on. Unless there is a change in the law or our published regulations, this determination
may be relied upon for a period not to exceed five years from the date of this notification.
❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA).
You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their
requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact Brandee.C.Boggs at 8282717980x4224 or
b randee.c.boggs(&usace. army.mil.
C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination
form dated 02/11/2020.
D. Remarks: Field visit December 12 2019
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B.
above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you
must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Phillip Shannin, Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by Not applicable.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
Corps Regulatory Official: U�GZ a&,�
Date of JD: 02/11/2020 Expiration Date of JD: Not applicable
SAW 2019-01828
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at
http: //corpsmapu.usace .army.mil/cm_apex/f?p=13 6 A 0
Copy furnished: Catherine Carston- ccarston@pilotenviro.com
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Piedmont Council, Inc, Jesse Bowes File Number: SAW 2019-01828 Date: 02/11/2020
Attached
is:
See Section below
PROFFERED PERMIT (Standard Permit or Letter of permission)
A
RED PERMIT (Standard Permit or Letter of permission)
B
DENIAL
LAPPROVED
C
JURISDICTIONAL DETERMINATION
D
INARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at or http://www.usace.army.mil/Missions/CivilWorks/Re ug latoiyProgramandPermits.aspx
or the Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
SECTIONJ& REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division
Mr. Phillip Shannin, Administrative Appeal Review Officer
Attn: Brandee.C.Boggs
CESAD-PDO
Asheville Regulatory Office
U.S. Army Corps of Engineers, South Atlantic Division
U.S Army Corps of Engineers
60 Forsyth Street, Room 10M15
151 Patton Avenue, Room 208
Atlanta, Georgia 30303-8801
Asheville, North Carolina 28801
Phone: (404) 562-5137
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Brandee.C.Boggs, 69 Darlington Avenue, Wilmington, North
Carolina 28403
For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Shannin, Administrative
Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 02/11/2020
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Piedmont Council, Inc, Jesse Bowes, 1222
East Franklin Boulevard, Gastonia, NC 28054
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, SAW 2019-01828
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: 668 Boy Scout Road Rutherfordton NC
28139 The site is located northwest and southeast of BoyScout Road, Westminster, NC. The site contains wooded land. The
site is proposed for development with a proposed SolarFarm.
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES
AND/OR AQUATIC RESOURCES AT DIFFERENT STIES)
State: NC County: Rutherford City: Union Mills
Center coordinates of site (lat/long in degree decimal format): Latitude: 35.452671 Longitude:-81.909473
Universal Transverse Mercator:
WGS 84
Name of nearest waterbody: Second Broad River
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
®Field Determination. Date(s): 12-12-2019
TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAYBE" SUBJECT TO
REGULATORY JURISDICTION
Site
Latitude
Longitude
Estimated amount
Type of aquatic
Geographic authority
2ich
(decimal
(decimal
of aquatic resources
resources (i.e.,
to the aquatic
"ma
Number
degrees)
degrees)
in review area
wetland vs. non-
resource be"
Section
(acreage and linear
teet, if
wetland waters)
subject (i.e.,
404
applicable
or
Section 10/404)
Second
-81.91648000
13444Lf
Non -Wetland
Section 404
Broad
35.447352
Water
River
CSA
-81.92622800
1416Lf
Non -Wetland
Section 404
35.441262
Water
CSB
-81.92660800
1541-f
Non -Wetland
Section 404
35.440210
Water
CSC
-81.92511100
2262Lf
Non -Wetland
Section 404
35.442319
35.442292
Water
CSD
-81.92660800
361-f
Non -Wetland
Section 404
Water
CSE
-81.92525700
5681-f
Non -Wetland
Section 404
35.442923
35.442622
Water
CSF
-81.92320700
1331-f
Non -Wetland
Section 404
35.438974
Water
CSG
-81.92603300
81-f
Non -Wetland
Section 404
35.459402
Water
DSA
-81.90707000
11234Lf
Non -Wetland
Section 404
35.454293
Water
DSC
-81.90413100
2346Lf
Non -Wetland
Section 404
Water
DSD
35.458062
-81.92126100
2587Lf
Non -Wetland
Section 404
Water
DSE
35.460605
-81.91996900
801-f
Non -Wetland
Section 404
Water
00
DSF
35.460305
-81.91978900
76 Lf
Non -Wetland Water
Section 404
00
DSG
35.459358
-81.92034400
206 Lf
Non -Wetland Water
Section 404
00
DSGA
35.459492
-81.91981500
166 Lf
Non -Wetland Water
Section 404
00
DSH
35.456615
-81.91720100
893 Lf
Non -Wetland Water
Section 404
00
DSHA
35.457499
-81.91658000
15 Lf
Non -Wetland Water
Section 404
00
DSHB
35.457471
-81.91652500
41 Lf
Non -Wetland Water
Section 404
00
DSHC
35.457223
-81.91667000
94 Lf
Non -Wetland Water
Section 404
00
FSA
35.455299
-81.92414300
1201 Lf
Non -Wetland Water
Section 404
00
FSAA
35.455008
-81.92411600
278 Lf
Non -Wetland Water
Section 404
00
LSB
35.444120
-81.91397100
1309 Lf
Non -Wetland Water
Section 404
00
LSC
35.444642
-81.91279900
48 Lf
Non -Wetland Water
Section 404
00
LSE
35.443829
-81.91356900
26 Lf
Non -Wetland Water
Section 404
00
LSF
35.440607
-81.91634900
2435 Lf
Non -Wetland Water
Section 404
00
LSFA
35.441164
-81.91372500
36 Lf
Non -Wetland Water
Section 404
00
LSD
35.442467
-81.91380300
1854 Lf
Non -Wetland Water
Section 404
00
MSA
35.441661
-81.89900100
834 Lf
Non -Wetland Water
Section 404
00
MSAI
35.455985
-81.92807400
518 Lf
Non -Wetland Water
Section 404
00
MSA2
35.456915
-81.92606100
876 Lf
Non -Wetland Water
Section 404
00
MSB
35.440166
-81.89663600
1939 Lf
Non -Wetland Water
Section 404
00
MSB2
35.455846
-81.92911300
300 Lf
Non -Wetland Water
Section 404
00
MSC
35.437998
-81.89817800
817 Lf
Non -Wetland Water
Section 404
00
MSC2
35.461153
-81.93017000
542 Lf
Non -Wetland Water
Section 404
00
MSE
35.447154
-81.91134300
3181 Lf
Non -Wetland Water
Section 404
00
MSEA
35.448444
-81.91214400
40 Lf
Non -Wetland Water
Section 404
00
MSFI
35.454469
-81.91508300
863 Lf
Non -Wetland Water
Section 404
00
MSF2
35.452475
-81.91881000
803 Lf
Non -Wetland Water
Section 404
00
SSA
35.456224
-81.92150900
4163 Lf
Non -Wetland Water
Section 404
00
J DA
35.455438
-81.91875900
60 Lf
Non -Wetland Water
Section 404
00
DPA
35.454940
-81.91857900
1.76 Ac
Non -Wetland Water
Section 404
00
CWA 1-7
35.439409
-81.92714100
0.02 Ac
Wetland
Section 404
00
CWB 1-5
35.440412
-81.92672400
0.13 Ac
Wetland
Section 404
00
CWC 1-3
35.441062
-81.92658200
0.02 Ac
Wetland
Section 404
00
CWD 1-3
35.443477
-81.92540200
0.02 Ac
Wetland
Section 404
00
CWE 1-11
35.442549
-81.92512900
0.049 Ac
Wetland
Section 404
00
CWF 1-10
35.442363
_81.92305300
0.1 Ac
Wetland
Section 404
00
CWG 1-20
35.442464
_81.92353900
0.13 Ac
Wetland
Section 404
00
DWA 1-10
35.459050
-81.90660700
0.079 Ac
Wetland
Section 404
00
DWB 1-8
35.456229
_81.90471200
0.06 Ac
Wetland
Section 404
00
DWC 1-15
35.454471
_81.90387100
0.08 Ac
Wetland
Section 404
00
DWC 16-28
35.454218
_81.90515200
0.066 Ac
Wetland
Section 404
00
DWC 29-32
35.454143
_81.90566100
0.012 Ac
Wetland
Section 404
00
DWD 1-3
35.461031
_81.91954700
0.003 Ac
Wetland
Section 404
00
DWD 4-13
35.459661
-81.92018100
0.055 Ac
Wetland
Section 404
00
DWD 14-19
35.459253
_81.92065500
0.047 Ac
Wetland
Section 404
00
DWD 20-118
35.455628
_81.92037100
9.44 Ac
Wetland
Section 404
00
DWG 1-3
35.459468
_81.92018800
0.006 Ac
Wetland
Section 404
00
DWH 8-31
35.456936
-81.91694500
0.07 Ac
Wetland
Section 404
00
DWH 1-7 / DWH 32-4
35.456129
-81.91766900
0.22 Ac
Wetland
Section 404
00
FWA 1-26
35.452114
_81.92199800
3.08 Ac
Wetland
Section 404
00
MWA 1-35 / MWA
35.456385
-81.92550100
7.51 Ac
Wetland
Section 404
44-54 / FWB 1-20
00
LWF 1-15
35.441029
_81.91382200
0.18 Ac
Wetland
Section 404
00
LWFA 1-3
35.440752
_81.91524600
0.003 Ac
Wetland
Section 404
00
LWFB 1-8
35.439253
_81.91765200
0.03 Ac
Wetland
Section 404
00
LWFC 1-8
35.439095
_81.91869700
0.019 Ac
Wetland
Section 404
00
LWFD 1-2
35.439117
_81.91898700
0.001 Ac
Wetland
Section 404
00
LWFE 1-5
35.439230
_81.91815000
0.02 Ac
Wetland
Section 404
00
LWD 1-5
35.440090
_81.91350000
0.002 Ac
Wetland
Section 404
00
MWA 1-3
35.441061
_81.89911000
0.006 Ac
Wetland
Section 404
00
MWA 4-10
35.440872
_81.89929700
0.03 Ac
Wetland
Section 404
00
MWA 11-13
35.440432
_81.89955500
0.01 Ac
Wetland
Section 404
00
MWA 1-18
35.455626
_81.92893800
0.13 Ac
Wetland
Section 404
00
MWB 1-3
35.440563
_81.89594100
0.001 Ac
Wetland
Section 404
00
MWB 4-6
35.440480
_81.89615200
0.007 Ac
Wetland
Section 404
00
MWB 9-12
35.440329
_81.89638900
0.02 Ac
Wetland
Section 404
00
MWC 1-16
35.438153
-81.89708400
0.52 Ac
Wetland
Section 404
00
MWD 1-45
35.438963
-81.90067500
3.95 Ac
Wetland
Section 404
00
MWE 1-9
35.451922
-81.91239000
0.06 Ac
Wetland
Section 404
00
MWE 10-13
35.451547
-81.91240600
0.003 Ac
Wetland
Section 404
00
MWE 14-15
35.451465
-81.91237900
0.004 Ac
Wetland
Section 404
00
MWE 16-22
35.451309
-81.91232300
0.015 Ac
Wetland
Section 404
00
MWE 23-34
35.451089
-81.91239300
0.54 Ac
Wetland
Section 404
00
MWE 35-38
35.450800
-81.91227100
0.02 Ac
Wetland
Section 404
00
MWE 39-48
35.448321
-81.91217700
0.04 Ac
Wetland
Section 404
00
MWE 49-51
35.447910
-81.91 180000
0.01 Ac
Wetland
Section 404
00
MWE 52-54
35.44781 1
-81.91 173100
0.007 Ac
Wetland
Section 404
00
MWF 1-10
35.452357
-81.91793100
0.05 Ac
Wetland
Section 404
00
MWF I 1-14
35.452643
-81.91725700
0.01 1 Ac
Wetland
Section 404
00
MWF 15-18
35.452771
-81.91703900
0.017 Ac
Wetland
Section 404
00
MWF 19-40
35.453534
-81.91620400
0.59 Ac
Wetland
Section 404
00
SWA 6-12
35.458495
-81.92356300
0.129 Ac
Wetland
Section 404
00
SWA 13-31
35.456333
-81.92166500
0.48 Ac
Wetland
Section 404
00
1) The Corps of Engineers believes that there maybejurisdictional aquatic resources in the
review area, and the requestor of this PJD is hereby advised of his or heroptionto request
and obtain an approved JD (AID) for that review area based on an informed decision after
having discussed the various types of JDs and their characteristics and circumstances when
they may be appropriate.
2) Inany circumstance where a permit applicant obtains anindividual permit, or aNationwide
General Permit (NWP) or other general permit verification requiring "pre- construction
notification' (PCN), or requests verification for a non -reporting NWP or other general permit,
and the permit applicant has not requested an AID for the activity, the permit applicant is
hereby made aware that: (1) the permit applicant has elected to seek a permit authorization
based on a PJD, which does not make an official determination of jurisdictional aquatic
resources; (2) the applicant has theoption to request anAID before accepting the terms and
conditions of the permit authorization, and that basing a permit authorization on anAID could
possibly result in less compensatory mitigationbeing required or different special conditions;
(3) the applicant has the right to request an individual permit rather than accepting the terms
and conditions of the NWP or other general permit authorization; (4) the applicant can accept
a permit authorization and thereby agree to comply with all the terms and conditions of that
permit, includingwhatever mitigation requirements the Corpshas determined tobenecessary;
(5) undertaking any activity in reliance upon the subject permit authorization without
requesting an AID constitutes the applicant's acceptance of the use of the PJD; (6) accepting a
permit authorization (e.g., signing a proffered individual permit) orundertaking any activity in
reliance on any form of Corps permit authorization based on a PJD constitutes agreement that
all aquatic resources inthereview area affected in any way by that activity will betreated as
jurisdictional, and waives any challenge to such jurisdiction in any administrative orjudicial
compliance or enforcement action, or in any administrative appeal or in any Federal court;
and (7) whether the applicant elects to use either anAID or a PJD, the JD will be processed
as soon as practicable. Further, an AID, a proffered individual permit (and all terms and
conditions contained therein), or individual permit denial can be administratively appealed
pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, itbecomes appropriate to
make an official determination whether geographicjurisdiction exists over aquatic resources
in the review area, or to provide an official delineation ofjurisdictional aquatic resources in
the review area, the Corps will provide an AID to accomplish that result, as soon as is
practicable. This PJD finds that there "maybe"waters of the U.S. and/or that there "maybe"
navigable waters of the U.S. on the subject review area, and identifies all aquatic features in
the review area that could be affected by the proposed activity, based on the following
information:
SUPPORTING DATA. Data reviewed for PJD (check all that apply)
Checked items should be included in subject file. Appropriately reference sourcesbelow where
indicated for all checked items:
Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map:
X Data sheets prepared/submitted by or on behalf of the PJD requestor.
Office concurs with data sheets/delineation report.
Office does not concur with data sheets/delineationreport. Rationale:
Data sheets prepared by the Corps:
Corpsnavigablewaters' study:
U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
X U.S. Geological Survey map(s). Cite scale & quad name: Drawing 1
X Natural Resources Conservation Service Soil Survey. Citation: Drawings 2 & 2A
X National wetlands inventory map(s). Cite name: Drawing 3
State/localwetlandinventory map (s):
X FEMA/FIRM maps: Drawing 4 100-year
Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
X Photographs: X Aerial (Name & Date): Drawing 5
or ❑ Other(Name & Date):
Previous determination(s). File no. and date of response letter:
Other information (please specify) :
IMPORTANT NOTE: The information recorded on this form has not necessarily been
verified by the Corps and should not be relied upon for later jurisdictional
determinations.
944-,,c C, 96fyw, Feb 11 2020
Signature and date of Regulatory
staff member completing PJD
September 23, 2019
Signature and date of person
requesting PJD (REQUIRED,
unless obtaining the signature
is impracticable) I
1 Districts may establish timeframes for requester to return signed PJD forms. Ifthe requester does not respond within the
established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing
an action.
t
.x
5
4 5
age
4 '
i r r
Ff LEGEND
5 '
Site Boundary
AdwksY
�r MaC7_
ca�z
A } MaDF r.- MaC2 5k f r }'
� � RaE
CNA
tb
# f Pdr7
Mac 2{ — JJJ . AA
iMaozI yv!
Mac, r ChAr'I
+Y tlGi � f G1
df.
--••— } ' �'1 i•� ,
5
4IC' Sk6 rJ kCaP,2' g
P02 I 1
y PIG? ti 5 1
r{ P dc.2
EkB
Ap
IE
?aC� — PaGz �
F +
PaR
w � ti CaE�
�t ;:gin .,� � ��r• �� f
a$2 i LEGEND
Site Boundary
RIC
SkB
i -
Drawing 2A Published Soil Map
USDA Published Soil Survey
t_ Westminster Solar
of Rutherford County, NC �`Approximate 1,195-Acre Tract
Published 1997, Sheet 9Westminster, Rutherford County, NC
Not to Scale PILOT ENVIR0NMENTAL,INC Pilot Project3243.1
LEGEND
- Site Boundary
Freshwater Emergent rP.
Freshwater Forested/Shrub
Estuarine and Marine Deepwater
Estuarine and Marine
Freshwater Pond
Lake
Riverine
Other
Drawing 3? yt NWI Map
Westminster Solar
USFWS
Wetlands M piper Approximate 1,195-Acre Tract
Scale: 1" = 1,500' POD.®T Westminster, Rutherford County, NC
PILOT ENVIRONMENTAL,INC Pilot Project3243.1
Site Boundary
01%Annual Chance Flood Hazard
Regulatory Floodway
0Sped al Floodvay
Area of Undetermined Flood Hazard
0.2%Annual Chance Flood Hazard
Future Conditions 1 %Annual Chance Flood Hazard
LAre@with Reduced Risk Due to Levee
Drawing 4
,f
National Flood Hazard Layer."
from FEMA Web Map Service,
Scale: 1" = 1,500'���®��
P I L O T E N V I R 0 N M E N T A L I N C
FEMA FIRM
Westminster Solar
Approximate 1,195-Acre Tract
Westminster, Rutherford County, NC
Pilot Project 3243.1
Drawing 5.1
Drawing 5.4
Drawing 5
2018 Aerial Imagery from ESRI
and Pilot GPS Data
Scale: 1" = 1,450'
Date: 12.13.19
Drawin
Drawing 5.5
LEGEND
F,
Site Boundary
Pond
■..... ■ Intermittent Stream
Perennial Stream
Ditch/Aquatic Feature
���■ Ditch/Non-Aquatic Feature THE LOCATIONS OF FEATURES SHOWN ON THIS MAP
Wetlands WERE VERIFIED BY MS. BRANDEE BOGGS WITH THE
Culvert USACE ON DECEMBER 12, 2019. THIS EXHIBIT INCLUDES
GPS LOCATIONS OF DELINEATED FEATURES.
P I L 0 T E N V I R 0 N M E N T A L I N C
Wetland Map
Westminster Solar
Approximate 1,195-Acre Tract
Westminster, Rutherford County, NC
Pilot Project 3243.1
l
300 LF
iecond Broad River
13,444 LF
MSA2
876 LF
MSA1
/
518 LF
MWA 1-35 / NWA
\ MWA 1-18
44-54/ FWB 1-20
0.13Ac
7.51Ac
FSA
1,201 LF
SSA
4,163 LF
ZZ
SWA 6-12
0.13 Ac
N
DSE /
80 LF
DSF
76 LF
DWD 14-19
0.047 Ac \ \ DWD 4-13
0 05 Ac
DWG 1-3
DSGA
166 LF
0.006 Ac
DWD 20-118
DSG
9.44 Ac
206 LF
D P-2
Q
Q DP-1
DSD
f
� �
2,587 LF
SWA 13-31
0.48 Ac
F1-26
3 0.8 Ac
LEGEND
/
Site Boundary
Pond
l
......
Intermittent Stream
Perennial Stream
Q DP-4
Ditch/Aquatic Feature
THE LOCATIONS OF FEATURES SHOWN ON THIS MAP
Ditch/Non-Aquatic Feature
WERE VERIFIED BY MS. BRANDEE BOGGS WITH THE
USACE ON DECEMBER 12, 2019. THIS EXHIBIT INCLUDES...:
Wetlands
GPS LOCATIONS OF DELINEATED FEATURES. DELINEATION
Culvert
CONDUCTED BY PILOT PERSONNEL 7.13.19 AND 9.6.19.
MSF2
803 LF
Drawing 5.1 Wetland Map
2015 Aerial Imagery from ESRI t:' ; ` Westminster Solar
and Pilot GPS Data Approximate 1,195-Acre Tract
Scale: 1" = 450' PILOT Westminster, Rutherford County, NC
Date:12.13.19 PILOT ENVIR0NMENTAL,IMC Pilot Project3243.1
JDA
60 LF
DSH I893 LF
DWH 8-31
0.07 Ac \
DWH 1-7/
DWH 32-42
0.22 Ac
I
DPA
1.76 Ac
i
DSHB THE LOCATIONS OF FEATURES SHOWN ON THIS MAP WERE VERIFIED
\41LF BY MS. BRANDEE BOGGS WITH THE USACE ON DECEMBER 12, 2019.
THIS EXHIBIT INCLUDES GPS LOCATIONS OF DELINEATED FEATURES.
l
94LF DELINEATION CONDUCTED BY PILOT PERSONNEL 7.13.19 AND 9.6.19.
{r
J
DSH
893 LF
M W F 19-40
0.59 Ac
MSF2
803 LF
1
0.05 Ac
0.0 c
\
\MWF 15-18
\
0.017 Ac
MWF 11-14
0.011 Ac
Second Broad River
13,444 Lf
Site Boundary
Pond
....... Intermittent Stream
Perennial Stream
Ditch/Aquatic Feature
Ditch/Non-Aquatic Feature
Wetlands
\
Culvert
MSF1
863 LF
MWE 1-9
0.06 Ac
MWE 10-13
`
0.003Ac \
MWE 14-15
---- 0.004 Ac
MWE 16-22
MWE23-34
0.015Ac
0.54 Ac
MWE 35-38
0.02Ac
MSE
3,181 Lf
MSEA
40 Lf
MWE 39-48
0.044 Ac MWE 52-54
0.007 Ac
MWE 49-51
0.01 Ac
N
Drawing 5.2 Wetland Map
2015 Aerial Imagery from ESRI Westminster Solar
and Pilot GPS Data Approximate 1,195-Acre Tract
Scale: 1" = 400' PILOT' -- Westminster, Rutherford County, NC
Date:12.13.19 PILOT ENVIR0NMENTAL,IMC Pilot Project3243.1
Culvert
V
DWC 16-28
DWC 29-32
0.066 Ac
0.012 Ac
BY MS. BRANDEE BOGGS WITH THE USACE ON DECEMBER 12, 2019.
THIS EXHIBIT INCLUDES GPS LOCATIONS OF DELINEATED FEATURES.
DELINEATION CONDUCTED BY PILOT PERSONNEL 7.13.19 AND 9.6.19.
Drawing 5.3
2015 Aerial Imagery from ESRI
and Pilot GPS Data
Scale: 1" = 400'
Date: 12.13.19
01
PILOT'
P I L O T E N V I R 0 N M E N T A L I N C
Wetland Map
Westminster Solar
Approximate 1,195-Acre Tract
Westminster, Rutherford County, NC
Pilot Project 3243.1
CWD 1-3
0.02 Ac
CSE
568 Lf CSC
2,262 Lf
CSD CWE 1-11
0.049 Ac \ CSF
/
36 Lf (" 133 Lf
' \CWF 1-10
CWG 1-20 / 0.10 Ac
0.13 Ac
CWC 1-3 CSA
0.02 Ac \
1,41616 Lf
r
CWB 1-5
0.013 Ac--, CSB
154 Lf
CWA 1-7 CSG
0.02 Ac 8 Lf°
Mill
LEGEND
Site Boundary
Pond
....... Intermittent Stream
z Perennial Stream
x Ditch/Aquatic Feature
Ditch/Non-Aquatic Feature
THE LOCATIONS OF FEATURES SHOWN ON THIS MAP WERE VERIFIED BY MS. BRANDEE BOGGS WITH Wetlands
THE USACE ON DECEMBER 12, 2019. THIS EXHIBIT INCLUDES GPS LOCATIONS OF DELINEATED
FEATURES. DELINEATION CONDUCTED BY PILOT PERSONNEL 7.13.19 AND 9.6.19. Culvert
Drawing 5.4 Wetland Map
2015 Aerial Imagery from ESRI Westminster Solar
and Pilot GPS Data Approximate 1,195-Acre Tract
Scale: 1" = 400' ; PILOT Westminster, Rutherford County, NC
Date:12.13.19 PILOT ENVIR0NMENTAL,IMC Pilot Project3243.1
MSEA
40 Lf
LWFE 1-5
LWFD 1-2
0.02 Ac
0.001 Ac LWFC 1-8
\ 0.011 Ac
I
ram'
LSE
26 Lf
LSD
1,854 Lf
M W E 39-48
0.044 Ac
MWE 52-54
0.007 Ac
0.01Ac M1 /
.01 Ac �
Second Broad River
/ 13,444 Lf
MSE
3,181 Lf
LSB LSC
1,309 Lf 48 Lf
LEGEND
Site Boundary
Pond
....... Intermittent Stream
Perennial Stream
Ditch/Aquatic Feature
Ditch/Non-Aquatic Feature
Wetlands
LWFB 1-8 Culvert
0.03 Ac
THE LOCATIONS OF FEATURES SHOWN ON THIS MAP WERE VERIFIED BY MS. BRANDEE BOGGS
WITH THE USACE ON DECEMBER 12, 2019. THIS EXHIBIT INCLUDES GPS LOCATIONS OF
DELINEATED FEATURES. DELINEATION CONDUCTED BY PILOT PERSONNEL 7.13.19 AND 9.6.19.
LWFA 1-3 /
0.003 Ac
LS FA
36 Lf
LS F
2,435 Lf
Drawing 5.5 Wetland Map
Westminster Solar
2015 Aerial Imagery from ESRI �= t I ;� s ' and Pilot GPS Data Approximate 1,195-Acre Tract
Scale: 1" = 400' PILOT � -- Westminster, Rutherford County, NC
Date:12.13.19 PILOT ENVIRCNMENTAL,INC Pilot Project3243.1
LEGEND
Site Boundary
Pond
...... Intermittent Stream
Perennial Stream
Ditch/Aquatic Feature
Ditch/Non-Aquatic Feature
Wetlands
Culvert
MWB4-6
0.007 Ac
\
\ MWB1-3
0.0018 Ac
#
\MWB9-12
\
0.02 Ac
MWC 1-16
0.52 Ac
MSC
817 Lf
17- "`7
THE LOCATIONS OF FEATURES SHOWN ON THIS MAP WERE VERIFIED BY MS. BRANDEE BOGGS WITH
THE USACE ON DECEMBER 12, 2019. THIS EXHIBIT INCLUDES GPS LOCATIONS OF DELINEATED
FEATURES. DELINEATION CONDUCTED BY PILOT PERSONNEL 7.13.19 AND 9.6.19.
Drawing 5.6 Wetland Map
2015 Aerial Imagery from ESRI Westminster Solar
and Pilot GPS Data Approximate 1,195-Acre Tract
Scale: 1" = 400' PILOT Westminster, Rutherford County, NC
Date:12.13.19 PILOT ENVIR0NMENTAL,IMC Pilot Project3243.1