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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 / / X M 0 N U Q n,:, APPROX. LOCATIONS FOR — DIRECTIONAL BORE UNDER _ 2 PERENNIAL'STREAM IMPACT' PROP. CULVERT CROSSING (STREAM IMPACT) SEE EXHIBIT #2 / 6 ♦ tir OgOti9` Y 00 00 SITE 75 o 10,0 ti J. �90 � VICINITY MAP k. SCALE: N.T.S. Li 4Y LEGEND: PERENNIAL STREAM — — — — — PROJECT LIMITS JURISDICTIONAL WETLANDS / / �� . ■ — — —� a iI PERENNIAL STREAM PROP. CULVERT CROSSING (STREAM IMPACT ) — SEE EXHIBIT #1 k WESTMINSTER PVI SOLAR ELECTRIC POWER PLANT TOTAL JURISDICTIONAL IMPACT SUMMARY: JURISDICTIONAL IMPACTS: ID DISTURBANCE DURATION PIPE & GRADING RIP RAP APRON AMOUNT PROPOSED (LF) Perennial Stream Permanent 61 18 79 Perennial Stream Temporary 12 0 12 Perennial Stream Permanent 42 15 57 Perennial Stream Temporary 12 0 12 Total Stream Impact: Permanent I03 33 I36 Temporary 24 0 24 zz On 00 M CN O 0 600 1,200 GRAPHIC SCALE ( IN FEET ) OVERALL SITE PLAN SCALE: 1 " = 1, 200' REMARKS Exhibit # 1 ecoplext Exhibit # 1 Exhibit #2 EcoPlexus, Inc. =Second Slifee1� SE6. Exhibit #2 S❑i FrdhC®co, C❑ Pm Fx ❑ Z. a°�oFEss�o� = 036849 �•. ,q JUN�A .' -' rON w Q 0 m Z w Z x ul r W Z LQ aj�Z) �aQo � Lu LL W Z LLI � o N O= � a � ' a--D Z o W a 3J~y p vz y y w =J a. � �3-F- W N N i— Z BALLENTINE ASSOCIATES, PA 221 PROVIDENCE 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. SITE OVERVIEW X 0 0 N 0 0 3 z� STREAM IMPACT VICINITY MAP SCALE: N.T.S. FINISF GRI TOE OF BA�11, CROSSING SECTION A -A SCALE: N.T.S. NOTES: 64 EXISTING GRADE 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. \ \ \ \ TC 60 cp WITH PUMP AROUND (SEE EXHIBIT #3)\ I►I'I\III�1\�1\\ III 111\ \� I IIIII \� � APPROX. PERENNIAL STREAM K�EY RIPRAP APRON INTO / �/�I:-4XISTING TREAM BED TO MATCH GRADE. CLASS "B' �18'L X ll'W x 24' THICK CONCRETE E D/WALL (TYP/) PROPOSED 36" RCP �/ CULVERT, 61 LF ® ±14.8% / g/Z CWITH INVERTS BE OW EXISTING LGRADEACED 6" / PERENNIAL STREAM IMPACT DISTURBANCE SCALE: 1" = 30' LEGEND: PERENNIAL STREAM IMPACT SUMMARY: LENGTH OF PERENNIAL STREAM DISTURBED: PERMANENT (PIPE & GRADING) = 61.0 FT. PERMANENT (RIP RAP APRON) = 18.0 FT. PERMANENT (TOTAL) = 79.0 FT. TEMPORARY (DE -WATERING) = 12.0 FT, 5. INSTALL TEMPORARY SILT FENCE STONE OUTLETS AT LOW POINTS IN SILT FENCE AS NECESSARY. a I 6. ADDITIONAL EROSION CONTROL MEASURES AND/OR MODIFICATIONS TO PROPOSED z MEASURES MAY BE NECESSARY BASED UPON ACTUAL SITE CONDITIONS. SILT FENCE SF DIVERSION DITCH DD PERENNIAL STREAM - • - • - • - • - LIMITS OF DISTURBANCE MENNEN A� C.bq ecoplexus a 15 30 EcoPlexus, Inc. =Second Slifee1� SE6. S❑i FrdhC®co, C❑ GRAPHIC SCALE PEE ( IN FEET ) Fx ❑ CA�?6. /* /0�. - a°�oFEss ti = 036849 w H a 0 H m Z _ w N rZ Wz`� IL j 0 a v cc o WwIL0 N W LL.Z — W F-2 N Z 0 J � Mo Q W W J 3oCI z �Z V� W w 0 a - M N N - O F- ii 7 Z BALLENTINE ASSOCIATES, PA 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. EXHIBIT 1 X M 0 N U 0 .Q oil a FINISHED GRADE EXISTIIN GRA[ TOE OF BANI STREAM i IMPACT J� VICINITY MAP SCALE: N.T.S. CROSSING SECTION A -A SCALE: N.T.S. CULVERT TO BE PLACED 6" BELOW THE EXISTING DITCH ELEVATION. DID / DID — PROPO ES D 30" RCP CULVERT, 42 LF ® t8.3% WITH UPSTREAM INVERT PLACED 6" BELOW EXISTING GRADE (INCLUDING FLARED END SECTIONS) ax \ -91 — sF -15' sf KEY RIPRAP APRON INTO DITCH BED TO MATCH EXISTING GRADE. CLASS "B" 18'L X 10.5'W x 24"THICK. I I PROPOSED 12' ACCESS DRIVE 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 NECESSARY BASED UPON ACTUAL SITE CONDITIONS. \ DID DD — DID PERENNIAL \ 97s STREAM (TYP.) \ i i 8' 42' F 0 LpSF 7 TEMPORARY COFFER DAM WITH PUMP AROUND (SEE EE EXHIBIT #3) PERENNIAL STREAM IMPACT ■2 SCALE: 1" = 20' SF DID ■■■■■■ GRAPHIC SCALE ( IN FEET ) ecoplexus EcoPlexus, Inc. ■ ■ .l�...■ ■.... • ......�....�..■■ ■ ■■■■■■■■ \\0I Cq%1111'' . y = 036849 JUN a 0 m Z - W Z %� r W Zul IL j 0 cc 4C LLI IL W z LLI � o N O = F. a � 'a i z Z - o O W a � 3J~y O 03 y w o y y a � �3-F- W ul N l D BALLENTINE ASSOCIATES, PA 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 2 approved - dewatering device stream r diversion pumps discharge hoses ­*, P intake x P dewatering pump hose flow intake hose sediment dike _j*4 clean water dike work area pumps should discharge length not to exceed onto a stable velocity that which can be dissipater made of rip rap completed in one day or sandbags RMIN-1.10030MV.1 ' ram! 1 flow sump -hole ---or pool (12" to 18' deep 2' dia.) impervious sheelirlg base flow + 1 foot 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 straw bake dike or berm 6-ft (1.8--m) (0.45 m) minimum I [ .rft (1.8--m) f minimum B A i *stornle A'utlet structure SEMON A -A 1.5 ft (0.45 m) 2-1 (H•V) now filter fabric 4 to 64n (10 to - 7- 15 cm) riprap SECTION B-B 2 to 3-ft 10.6 to 0.9-m) rebar or stakes for straw bales /J 6 inches (15 cm) •' - 3•-ft ta.9--.r minimum 4-4n (14-cm) ��------ ,� minimum depth DEWATERING BASIN DETAIL DITCH RESTORATION NOTES: 1. RESTORE ANY TEMPORARY DISTURBANCE TO THE DITCH TO ITS PRE -CONSTRUCTION STATE. 2. PLANTS USED IN THE RESTORATION SHALL BE OF A NATIVE SPECIES SIMILAR TO THE PLANTS SURROUNDING THE DISTURBED AREA. ecoplexus EcoPlexus, Inc. =Second SljfeelIA.■■■■ SEh FrEhc1§co,. ■ ..... • ■■ I■■■ElllEll■■ElllEll■■■ ■ ■■■ElllEll■■ElllEll■■■ C,qR �( �� it `� •,..., �•�0��� ESS �O'.�p,•. 2 036849 - •'•, 1 JUI' GINS . sy Boni1111111k5\;:�•``� w Q 0 Z w w Z %� r W Z IL j �aQo LLI W F- o z = 0 � a lic ZCc o O W a � 3J~y O V y 3 o (Aw a � W �3-� N N 7 D MI z L3ALLENTINE 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 g 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 O V LL LL O OD r O CV co 0 2 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