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HomeMy WebLinkAbout20201142 Ver 1_401 Application_20200904DWR mrlslon of Water Resources Pre -Construction Notification (PCN) Form September 1, 2020 Ver 3.2 Initial Review Has this project met the requirements for acceptance in to the review process?* r Yes r No Is this project a public transportation project?* G Yes r No Change only if needed. BIMS # Assigned * Version#* 20201142 1 Is a payment required for this project?* r No payment required What amout is owed?* r Fee received r $240.00 r Fee needed - send electronic notification IT $570.00 Reviewing Office * Winston-Salem Regional Office - (336) 776- Select Project Reviewer* 9800 Sue Homewood:eads\slhomewood Information for Initial Review 1a. Name of project: Sugar Solar 1a. Who is the Primary Contact?* Mr. Sean Andersen 1b. Primary Contact Email:* sandersen@pgrenevoables.com Date Submitted 9/4/2020 Nearest Body of Water North Deep Creek Basin Yadkin -Pee Dee Water Classification Class C Site Coordinates Latitude: Longitude: 36.1613740-80.653493' A. Processing Information County (or Counties) where the project is located: Yadkin Is this a NCDMS Project r Yes IT No Is this project a public transportation project?* r Yes IT No 1a. Type(s) of approval sought from the Corps: W Section 404 Permit (wetlands, streams and waters, Clean Water Act) r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) 1c. Primary Contact Phone:* (772)214-5773 1b. What type(s) of permit(s) do you wish to seek authorization? W Nationwide Permit (NWP) r Regional General Permit (RGP) r Standard (IP) 1c. Has the NWP or GP number been verified by the Corps? r Yes r No Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: W 401 Water Quality Certification - Regular r Non-404 Jurisdictional General Permit r Individual Permit 14 - Linear transportation le. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: F- 401 Water Quality Certification - E)press r Riparian Buffer Authorization 1f. Is this an after -the -fact permit application?* r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No Acceptance Letter Attachment 1h. Is the project located in any of NC's twenty coastal counties? r Yes r No 1j. Is the project located in a designated trout watershed? r Yes r No B. Applicant Information 1d. Who is applying for the permit? r Owner W Applicant (other than owner) le. Is there an Agent/Consultant for this project?* r Yes r No 2. Owner Information 2a. Name(s) on recorded deed: Multiple properties. See attached 2b. Deed book and page no.: 2c. Responsible party: 2d.Address Street Address 130 Roberts Street Address Line 2 city Asheville Postal / Zip Code 28801 2e. Telephone Number: (772)214-5773 2g. Email Address:* sandersen@pgrenewables.com State / Rwince / Region North Carolina Country U.S. 2f. Fax Number: r Yes r No r Yes r No 3. Applicant Information (if different from owner) 3a. Name: Mr. Sean Andersen 3b. Business Name: Pine Gate Renewables, LLC 3c.Address Street Address 130 Roberts Street Address Line 2 (Sty State / Province / Region Asheville NC Postal / Zip Code Country 28801 U.S. 3d. Telephone Number: 3e. Fax Number: (772)214-5773 3f. Email Address:* sandersen@pgrenewables.com 4. Agent/Consultant (if applicable) 4a. Name: Johanna Velasquez 4b. Business Name: HDR Engineering, Inc. of the Carolinas 4c.Address Street Address 440 South Church Street, Suite 900 Address Line 2 City State / Province / Region Charlotte NC Postal / Zip Code Country 28202-1919 U.S. 4d. Telephone Number: 4e. Fax Number: (980)337-5012 4f. Email Address:* Johanna.Velasquez@hdrinc.com Agent Authorization Letter* 2_PCN_AgentAuthorization_Signed.pdf 80.28KB C. Project Information and Prior Project History u 1. Project Information 1b. Subdivision name: (d appropriate) 1c. Nearest municipality / town: Town of Yadkinville 2. Project Identification 2a. Property Identification Number: 5818153663,581800328577, 581800140879,581800049419, 581800048150,581800038619, 580800926184,581811449,581800218450, 5808916149,581700283931, 581700174078,581700381065, 581700372302, 581700362604, 2b. Property size: 581700367810. 752 2c. Project Address Street Address East and west of Country Club Road. Address tine 2 City Yadkinville Postal / Zip Code 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* North Deep Creek 3b. Water Resources Classification of nearest receiving water:* Class C 3c. What river basin(s) is your project located in?* Yadkin-PeeDee 3d. Please provide the 12-digit HUC in which the project is located. 030401011102 4. Project Description and History State / Province / legion North Carolina Country 4a. Describe the existing conditions on the site and the general land use in the vicinityof the project at the time of this application:* The site consists of actively cultivated agricultural fields and forested land. Several agricultural buildings and residences are located on the eastern and western portions of the site. Overhead powerlines and associated utilities easement cross the central portion of the site. Several wetlands and unnamed streams occur within the boundaries of the Project. Land use in the vicinity of the project is agricultural land, rural residential land, and forested land. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* r Yes r No r Unknown 4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) 3_Fig_1_USGS_Topo_Map.pdf 353.13KB 4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) 4_Fig_2_Soils.pdf 329.7KB 4f. List the total estimated acreage of all existing wetlands on the property: -2.6 acres 4g. List the total estimated linear feet of all existing streams on the property: -33.284 linear feet 4h. Explain the purpose of the proposed project:* Sugar Solar proposes to install two culverts to provide access for the development of a solar farm. Specifically, one dual -corrugated metal pipe (CMP) will be installed in order to construct a new access road across a tributary to Northern Deep Creek in the eastern portion of the site; and a second single-CMP will replace an wasting culvert located in the western side of the site. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* Sugar Solar proposes to install a new 81-foot long, 66-inch diameter Corrugated Steel Pipe (CSP) (Culvert A41); and to replace an existing 38-foot long culvert with a proposed 44-foot long dual 72-inch and 60-inch diameter CSP (Culvert A33). The culverts will be located on two separate tributaries to the North Deep Creek. The culverts were sized to accommodate a 10-year 24-hour storm event without overtopping. Installation of the CSPs and downstream rip rap dissipation pads will result in permanent impacts belowthe Ordinary High Water Mark of the tributaries to North Deep Creek. Pump arounds will be implemented in order to work in the dry and will result in temporary fill associated with impervious dikes and de -watering impacts. The culverts will be installed approximately 1 foot belowthe existing stream bed at a slope that allows for passage of water and movement of aquatic life. Standard construction equipment will be used, such as excavators, backhoes, hauling trucks, etc. 4j. Please upload project drawings for the proposed project. 5_Fig_3_Sugar_Solar _Permit Pages _for _404-401_.pdf 23.15MB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes r No C Unknown Comments: A preliminary jurisdictional determination (SAW-2019-00099) was issued on March 12, 2019, and covers 596 acres of the total 752 acres overall project area. Features delineated within the remaining project area (Tract C) were verified by the USACE on January 23, 2020 (See Figure 4, Pilot _Wetland_Del i n eation_Re port_02.12.20 5b. If the Corps made a jurisdictional determination, what type of determination was made?* r Preliminary r Approved r Not Verified r Unknown r N/A Corps AID Number: SAW-2019-00099 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Bradley Luckey, PWS (March 20, 2019 report) and David S. Brame, PWS (February 13, 2020 report). Agency/Consultant Company: Pilot Environmental Inc. Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR March 12, 2019 5d1. Jurisdictional determination upload 6_Fig_4_Pilot _Wetland_Delineation_Report_02.13.20.pdf 4.3MB 7_Fig_5_Pilot_Wetland_Delineation_Report_03.29.19.pdf 2.39MB 8_Fig_6_USACE PJD Resp_03-12-19.pdf 1.95MB 6. Future Project Plans 6a. Is this a phased project?* r Yes r No Are anyother NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed projector related activity? No D. Proposed Impacts Inventory U 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): W Wetlands W Streams -tributaries r Buffers r Open Waters r Pond Construction 2. Wetland Impacts a. Site #* (?) 2a1 Reason (?) 2b. Impact type * (?) 2c. Type of W.* 2d. W. name * 2e. Forested * 2f. Type of 2g. Impact Jurisdicition*(?) area* _11 V� (culvert/road) P Non-Riverine Swamp Forest (SWA4) Yes Both 0.040 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.040 2h. Comments: 3. Stream Impacts 2g. Total Permanent Wetland Impact 0.040 F 3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact* 3d. S. name* 3e. Stream Type * 3f. Type of 3g. S. width * 3h. Impact 1 (?) Jurisdiction* length* S1 Culvert (A33) Permanent Culvert Tributary to North Deep Perennial Both 13 6 Creek Average (feet) (linearfeet) S2 Dissipation Pad (A33) Permanent Rip Rap Fill Tributaryto North Deep Perennial Both 1Av 20 Creek (f) fit) S3 De -watering (A33) Temporary Dewatering Tributary to North Deep Perennial Both 13 10 Creek Average (feet) (lirrfeet) S4 Culvert A41 ( ) Permanent Culve t Tributary to North Dee rY P Perennial Both 6 98 Creek Average (feet) (linearfeet) S5 Dissipation Pad (A41) Permanent Rip Rap Fill Tributary to North Deep Perennial Both 6Average 20 Creek (feet) �rfeet) S6 De -watering (A41) Temporary Dewatering Tributary to North Deep Perennial Both 6 10 Creek Average (fee) (lir feet) 31. Total jurisdictional ditch impact in square feet: 0 31. Total permanent stream impacts: 144 31. Total stream and ditch impacts: 31. Total temporary stream impacts: 20 164 3j. Comments: Temporary impacts are associated with dewatering impacts. E. Impact Justification and Mitigation u 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: An onsite surface waters were delineated and verified by the USACE the proposed solar facility was designed to avoid and minimize impacts to jurisdictional waters. The culverts will be installed approximately 1 foot belowthe existing stream bed at a slope that allows for passage of water and movement of aquatic life. Stream bed material (i.e., cobbles/gravels) will be placed in the culvert to mimic natural instream conditions. Erosion and sediment control measures will be implemented before and continue throughout the duration of the project. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: The project will be constructed in the dry and surrounding construction area will be stabilized via sediment and erosion control devices. Disturbed stream banks will be sloped back, seeded with native vegetation, and matted with biodegradable erosion control material. A pump -around will be installed to work in the dry. The water will be pumped through a sediment filter bag before returning to the stream. 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? r Yes r No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: Impacts do not exceed 1/10-acre of wetlands. In addition, stream impacts were minimized to avoid unnecessary impacts. Total stream impacts are below 150 LF. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? r Yes r No If no, explain why: The proposed Project Area is not located in a watershed that is subject to the NC Riparian Buffer Protection Rules. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* r Yes r No 2b. Does this project meet the requirements for low density projects as defined in 15ANCAC 02H .1003(2)? r Yes r No Comments: G. Supplementary Information 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federalistate) land?* r Yes r No 2. Violations (DWR Requirement) U 2a. Is the site in violation of DWR Water Quality Certification Rules (15ANCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)?* r Yes r No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* r Yes r No 3b. If you answered "no," provide a short narrative description. Project will not result in additional development as the proposed work is to provide access needed for the construction and the necessary maintenance of a solar farm. No additional development is anticipated as a result of the proposed Project. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR forth is project?* r Yes r Nor N/A 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* r Yes f• No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* r Yes r No 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. Is another Federal agency involved?* r Yes r No 5e. Is this a DOT project located within Division's 1-8? r Yes r No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? r Yes r No 5g. Does this project involve bridge maintenance or removal? r Yes r No 5h. Does this project involve the construction/installation of a wind turbine(s)?' r Yes r No r Unknown 51. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? r Yes r No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Pilot Environmental, Inc. queried the USFWS information for Planning and Conservation (IPaC) online mapping system for information on threatened and endangered species, and the designated or proposed critical habitat that may be affected by the project. Additionally, the USFWS Endangered Species Database was reviewed to identify federally protected species in Yadkin County, North Carolina. No suitable habitat was located within the Project Area for the northern long-eared bat. Hibernacula was not observed on the site. The site contains areas of wooded land that could afford suitable summer rusting habitat. Similar habitat was observed on surrounding properties. Based on a reviewof the June 1, 2016 NLEB, HUC12 shapefiles obtained from the Asheville Ecological Services Field Office, the nearest confirmed hibernation and/or maternity site is located more than 61 miles from the Sugar Solar site. Therefore, a determination that the project would not likely adversely affect the NLEB was made by the USFWS on March 25, 2020 Consultation Documentation Upload 9_Fig_7_USFW NCSHPO03.26.20 (1).pdf 18.77MB 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* r Yes r No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* https://www.habitat.noaa.gov/protection/efh/efhmapper/ 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?* r Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* Pilot Environmental, Inc. reviewed the NCSHPO GIS website to obtain information regarding historic resources present on the site or in the nearby properties. This review did not identify any listed properties or sites eligible for listing, on or adjacent to the Sugar Solar site. Correspondence from NCSHPO indicates "no comments" on the project as proposed 7c. Historic or Prehistoric Information Upload 9_Fig _7_USFW_NCSHPO _03.26.20 (1).pdf 18.77MB 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* r Yes r No 8c. What source(s) did you use to make the floodplain determination?* FEMA map numbers 3710580800J, 3710580700J, and 3710581700J. Miscellaneous Comments Miscellaneous attachments not previously requested. Signature u 17 By checking the box and signing below, I certify that: • I have given true, accurate, and complete information on this form; • I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the PCN form. cull Name: Johanna Velasquez Signature J WIrI;I Date 9/4/2020