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