20161217 Ver 2_401 Application_20180201

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 ❑Section 10 Permit
tb.
Specify Nationwide Permit (NWP) number: 39 or General Permit (GP) number:
1c.
Has the NWP or GP number been verified by the Corps?
N Yes .
❑ No
1 d.
Type(s) of approval sought from the DWQ (check all that apply):
N 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
le.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ 401
Certification:
❑ Yes N No
For the record only for Corps Permit:
❑ Yes N 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.
N Yes
❑ No
1 g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
N Yes
❑ No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
N No
2.
Project Information
2a.
Name of project:
Windsor Solar Tract B
2b.
County:
Bartle County, NC
2c.
Nearest municipality / town:
Windsor, NC
2d.
Subdivision name:
n/a
2e.
NCDOT only, T.I.P. or state
project no:
n/a
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Bertie County, Town of Windsor
3b.
Deed Book and Page No.
8151288
3c.
Responsible Party (for LLC if
applicable):
Scott Saver, County Manager
3d.
Street address:
PO Box 530
3e..City,
state, zip:
Windsor, NC 27983
3f.
Telephone no.:
3g.
Fax no.:
3h.
Email address:
Page 1 of 11
PCN Form —Version 1.3 December 10, 2008 Version

4.
Applicant Information (if different from owner)
4a.
Applicant is:
❑ Agent ® Other, specify: Facility Owner/Operator
4b.
Name:
Thomas C. McNay
4c.
Business name
(if applicable):
Windsor Cooper Hill Solar, LLC; c/o Duke Energy Renewables
4d.
Street address:
139 E 4th Street
4e.
City, state, zip:
Cincinnati, OH 45202
4f.
Telephone no.:
[phone]
4g.
Fax no.:
[phone]
4h.
Email address:
[e-mail]
5.
Agent/Consultant Information (If applicable)
5a.
Name:
5b.
Business name
(if applicable):
5c.
Street address:
5d.
City, state, zip:
5e.
Telephone no.:
5f.
Fax no.:
5g.
Email address:
Page 2 of 11

B.
Project Information and Prior Project History
1.
Property Identification
1a.
Property identification no. (tax PIN or parcel ID):
PIN# 6811-91-2894
1 b.
Site coordinates (in decimal degrees):
Latitude: 35.96286 Longitude: - 76.90695
(DD.DDDDDD) (-DD.DDDDDD)
1 c.
Property size:
20.97 acres
2.
Surface Waters
2a.
Name of nearest body of water (stream, river, etc.) to
Cashie River
proposed project:
2b.
Water Quality Classification of nearest receiving water:
C: Sw
2c.
River basin: map is available at
Roanoke
http://h2o.enr.state.nc.us/admin/maps/
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:
This site (Tract B) is a fully developed parcel containing an existing solar power generation facility constructed in 2013
and 2014. The surrounding land use is timber production and undeveloped floodplain of the Cashie River. There is a
state correctional facility approximately % mile north of the site.
3b.
List the total estimated acreage of all existing wetlands on the property:
0.90
3c.
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
0.00
3d.
Explain the purpose of the proposed project:
This photovoltaic solar generation facility currently supplies approximately 5 MwAC of electricity to the power grid.
3e.
Describe the overall project in detail, including the type of equipment to be used:
The site was undeveloped or in timber production prior to 2013. Clearing and grading of the site to accommodate
placement of solar arrays was performed in late 2013 and early 2014. Tract B currently has 11,280 post -mounted solar
panels with associated power inverters and transmission lines. Ongoing vegetation maintenance requires mechanical
mowing using tractor -drawn equipment and hand -operated weed trimmers.
Page 3 of 11
PCN Form —Version 1.3 December 10, 2008 Version

4.
Jurisdictional Determinations
4a.
Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past?
Comments: An onsite review by USACE on September 14,
® Yes ❑ No ❑ Unknown
2016, found 0.3 acres of existing wetlands on the northern
boundary. Subsequent soil boring investigations in April
2017 identified an additional 0.6 acres of filled wetlands
along a central drainageway and in the southeastern corner.
4b.
If the Corps made the jurisdictional determination, what type
®preliminary ❑Final
of determination was made?
4c.
If yes, who delineated the jurisdictional areas?
Agency/Consultant Company: Carolina Ecosystems, Inc.
Name (if known): Brian Smith
Other:
4d.
If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
Submitted with this impact application. Field work conducted in Sept. 2016 and April 2017.
6.
Project History
5a.
Have permits or certifications been requested or obtained for
❑Yes ®No El Unknown
this project (including all prior phases) in the past?
5b.
If yes, explain in detail according to "help file" instructions.
n/a
6.
Future Project Plans
6a.
Is this a phased project?
❑ Yes ®No
6b.
If yes, explain.
n/a
Page 4 of 11

C. Proposed Impacts Inventory
1. Impacts Summary
la. 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 — non404, other)
(acres)
Temporary
W1 ®P ❑ T
Fill
Non-riverine Wet
Hardwoods Forest
® Yes
® Corps
0.37
(Oak Flat subtype)
❑ No
❑ DWQ
W2 ®P ❑ T
Fill
Non-riverine Wet
Hardwoods Forest
® Yes
® Corps
0.02
(Oak Flat subtype)
❑ No
❑ DWQ
W3 ❑ P ❑ T
El Yes
El Corps
El No
El DWQ
W4 ❑ P [-IT
❑ Yes
El Corps
El No
El DWQ
W5 ❑ P ❑ T
El Yes
El Corps
❑ No
❑ DWQ
W6 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
2g. Total wetland impacts
0.39
2h. Comments: Wetland type based on plant composition in adjacent wetlands.
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
❑ PER
❑ Corps
❑ INT
❑ DWQ
S2 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
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
3i. Comments:
Page 5 of 11

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 indiv ually 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
01 ❑P❑T
02 ❑P❑T
03 ❑P❑T
04 ❑P❑T
4f. Total open water impacts
4g. Comments:
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
6f. 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:
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:
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
impact
required?
B1 ❑P❑T
El Yes
❑ No
B2 ❑P❑T
El Yes
❑ No
B3 ❑P❑T
El Yes
❑ No
6h. Total buffer impacts
6i. Comments:
Page 6 of 11

D.
Impact Justification and Mitigation
1.
Avoidance and Minimization
la.
Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
In consultation with USACE and as referenced in Section B. 4..a, above, the jurisdictional extent of wetlands on the
project site was derived from a combination of a September 2016 field review and the results of a May 2017 soil boring
investigation, as given in Figure A and the co -submitted Jurisdictional Determination Request. Total jurisdictional
wetlands on the Project site are 0.90 acres.
The Applicant is proposing to permit, after the fact, 0.39 acres of wetlands under NWP 39. In requesting this amount of
impact, the Applicant evaluated the Project layout in light of (i) on -site wetlands, (ii) the technical needs of a viable solar
project (which include maintaining practicable and effective vehicle traffic and electrical and mechanical connectivity
across the Project site), and (III) avoiding and minimizing permitted impacts by ensuring that the minimum amount of
wetland impacts (as necessary to maintain access and connectivity) remain after restoration. With these factors in mind,
the 0.39 acres of proposed wetland impact includes three (3) spatially separated impact areas. Attached to this
application are proposed Erosion and Sediment Control drawings (prepared by Albemarle Associates) and "Windsor
Solar Tract B Restoration Plan" (prepared by Carolina Ecosystems) which more fully detail and inform the discussion
below.
As shown in Figure 3, Impact Area W1 comprises 0.37 acres in the lower section of the central drainageway which
bisects the site. After -the -fact permitting of these impacts will allow retention of the existing electrical connections and
vehicular access corridors, avoiding operational isolation of the eastern portion of the solar farm. In the upper section of
this drainageway, the Applicant proposes to remove approximately 300 solar panels and associated equipment, followed
by restoration of this area to its pre-existing wetland condition (Restoration Area WA). A surface drainageway below this
restoration will convey overflow water between and under solar arrays, providing a similar water conveyance function as
the original wetland drainage feature that was filled.
Impact Area W2, inside the security fence in the southeastern corner of the property, was identified during the 2017 soil
boring investigation. The Applicant now proposes after -the -fact permitting of 0.02 acres of wetland impact to allow
continued vehicular access and maintenance activities along the fenced perimeter. A larger area (0.10 acres) of wetland
impacts outside the fence and down -gradient from Impact W2 will be excavated and restored as Restoration Area WC.
An additional 0.03 acres of undisturbed wetlands in this area will remain undisturbed.
b.
Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
The attached engineering and restoration documents referenced above provide detailed information on construction for
both drainageway reconfiguration and wetland restoration. In summary, in Restoration Area WA the solar panels will be
removed by hand. Extraction of the pilings will require using tracked or wide -tire equipment. Per discussions with
USACE and NC-DWR, fill will be removed in to the extent necessary to obtain wetland hydrology while avoiding ponding
of open water. An outlet pipe and overflow channel will be employed to maintain adequate hydrology. Restoration Area
WC will be fully excavated to pre -construction contours to restore floodplain connectivity. Both areas will then be
replanted and monitored per the specifications given in the attached Restoration Plan.
2.
Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a.
Does the project require Compensatory Mitigation for
® Yes ❑ No
impacts to Waters of the U.S. or Waters of the State?
2b.
If yes, mitigation is required by (check all that apply):
® DWQ ® Corps
® Mitigation bank
2c.
If yes, which mitigation option will be used for this
project?
❑ Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
Page 7 of 11
PCN Form — Version 1.3 December 10, 2008 Version

3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank: The Great Dismal Swamp Restoration Bank, LLC
3b. Credits Purchased (attach receipt and letter)
Type riparian wet
Quantity 0.8 acres
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. Nan -riparian wetland mitigation requested:
0.39 acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments: Revised availability letter from Great Dismal Swamp Restoration Bank supplied for 0.78 non -riparian credits.
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? If you will have to fill out this entire form — Please
contact the State for more information.
❑ 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).
6h. Comments:
Page 8 of 11

E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1a.
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?
< 1 %
2b.
Does this project require a Stormwater Management Plan?
❑ Yes ®No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why: The overall impervious coverage of this
project is below the stormwater management plan threshold.
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?
❑ Phase 11
3b.
Which of the following locally -implemented stormwater management programs
❑ NSW
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other:
3c.
Has the approved Stormwater Management Plan with proof of approval been I-EYes
❑ No
attached?
4.
DWQ Stormwater Program Review
❑ Coastal counties
❑ HOW
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 9 of 11
PCN Form - Version 1.3 December 10, 2008 Version

F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
la. 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)?
1 c. 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
letter.)
❑ Yes ❑ No
Comments:
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): The presence of
unpermitted impacts to jurisdictional waters was self -reported to DWR and the Army Corps. The Applicant and the developer
subsequently jointly received DWR's Notice of Violation and Recommendation for Enforcement, dated February 22, 2017.
The Applicant provided its response to DWR, and its explanation of the impacts, by letter dated March 8, 2017. The Corps
was copied on the NOV and the Applicant's response. The Applicant now proposes to permit, after the fact, 0.39 acres of the
wetland impacts under NWP-39.
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.
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.
No wastewater is produced by this facility.
Page 10 of 11
PCN Form — Version 1.3 December 10, 2008 Version

6. 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?
USFWS website (https://www.fvvs.aov/raleigh/species/CntylisVbertie.htmi for Battle County. North Carolina Natural
Heritage Program GIS data updated November 2017.
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?
NOAA EFH Mapper
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
❑ 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?
HPOWEB Map Service (http://gis.ncdcr.gov/hpoweb) and National Register of Historic Places
(hftp://www.nps.gov/nr/research).
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? Bartle County GIS floodplain mapping, NC Floodplain
Mapping program (http://www.ncfloodmaps.com).
Thomas C. McNay
��
1/10/2018
/
Applicant/Agent's Printed Name
Date
Applicant/Agent'a Signature
(Agent's signature is valid only If an authorization letter rom applicant
isprovided.)
Page 11 of 11

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Project Location:
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N
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Windsor Solar Tract B
Bertie County, NC
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Project Area = Wetland = Wetland Impact 2' Contours Revised: January 2018
Revised:
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Revised:
Windsor Solar Tract B
Bertie County, NC
Figure 3: Site Plan

7'he Great Disma[Swamp RestorationBank, LLC
P. O. Box 6186
Chesapeake, VA 23323
February 1, 2018
Mr. Rob Crowther
Carolina Ecosystems Inc
3040 NC-42
Clayton, NC 27520
RE: Windsor Solar Tract B
Windsor, NC
Dear Mr. Crowther:
Phone[phone]
Fax [phone]
The following price quote is given in reply to your request for the purchase of 0.78 Non -Riparian wetland
mitigation credits (HUC Code 03010107) from The Great Dismal Swamp RestorationBank Timberlake
Farm. These credits are currently available from our Timberlake mitigation bank.
The cost will be Thirty -Five Thousand, Eight Hundred, Eighty Dollars ($ 35,880.00). This quote will expire
on March 31, 2018. You will need to submit to the USCOE the necessary application for said mitigation,
and receive USCOE permission to furnish said required credits from our Timberlake bank.
To complete this transaction, we will require payment in full. Once payment is received, the credit sale
will be reported to the US Army Corps of Engineers. Please provide and/or confirm the following
information:
Corps Project q:
Waterway: Non -Riparian
Permittee Name:
Locality of Impact:
Permit action (i.e., IP, NWP-39, enforcement, etc.)
Impacts (acres/linear feet): 0.78
Impacts Hydrologic Unit Code: 03010107
Mitigation Bank, Permittee, and Consultant agree not to discuss with any other party the details and/or
pricing of this agreement, unless necessary for regulatory matters. Information contained herein shall be
held in the strictest confidence.
Thank you for allowing us to quote this project. We look forward to working with you.
Sincerely,
Beverly hite
Manager ccounting/Sales
GDSRB
CC: File