HomeMy WebLinkAbout20201221 Ver 1_401 Application_20201019Staff Review
Does this application have all the attachments needed to accept it into the review process?*
r Yes r No
ID#*
20201221
Version* 1
Is this project a public transportation project?* r Yes
r No
Reviewer List:* Stephanie Goss: eads\szgoss
Select Reviewing Office:* Raleigh Regional Office - (919) 791-4200
Submittal Type:* 401 Application
Does this project require a request for payment to be sent?*
r
Yes
r
No
How much is r $240.00
owed?* 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
For the Record Only (Courtesy Copy)
r
New Project
r
Modification/New Project with Existing ID
r
More Information Response
r
Other Agency Comments
r
Pre -Application Submittal
r
Re-Issuance\Renewal Request
r
Stream or Buffer Appeal
Pre -Filing Meeting Information
Before submitting this form please ensure you have submitted the Pre -Filing Meeting Request Form as we will not
be able to accept your application without this important first step. The Pre -Filing Meeting Request Form is used in
accordance with 40 C.F.R. Section 121.4(a) "At least 30 days prior to submitting a certification request, the project
proponent shall request a pre -filing meeting with the certifying agency" and in accordance with 40 C.F.R. Section
121.5(b)(7), and (c)(5) all certification requests shall include documentation that a pre -filing meeting request was
submitted to the certifying authority at least 30 days prior to submitting the certification request. Click here to read
more information on when this form is needed prior to application submission or here to view the form.
(First click here is the EPA Clean Water Act,
second click here will be the form Pre Filing Meeting Request)
Attach documentation of Pre -Filing Meeting Request here:* Prefile
Attachments 1.07M.
for PCN.pdf
Date for Meeting Request* 9/18/2020
ID# 20201221 Version 1
Project Contact Information
Name: Heather D LaGamba
Who is subnitting the inforrration?
Email Address: hlagamba@pilotenviro.com
Project Information
Project Name: Highest Power Solar, LLC
Is this a public transportation project?
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)
Franklin
Please upload all files that need to be submited.
aick the upload button or drag and drop files here to attach document
4038.7_Highest Power PCN 10.7.20prs.pdf 16.66MB
Only pdf or Iv17 files are accepted.
Describe the attachments
or comments:
PCN for 401 WQC
Sign and Submit
V By checking the box and signing box below, I certify that:
■ I, the project proponent, hereby certifies that all information contained herein is true, accurate, and complete to
the best of my knowledge and belief.
■ I, the project proponent, hereby requests that the certifying authority review and take action on this CWA 401
certification request within the applicable reasonable period of time.
■ I agree that submission of this online 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 online form.
Signature:
�r ,wz-,�R� 0. t --xa Ai
Submittal Date: Is filled in automatically.
Preliminary ORM Data Entry Fields for New Actions
ACTION ID #: SAW- 2018-02063
Prepare file folder ❑
1. Project Name [PCN Form A2a]: Highest Power Solar
Begin Date (Date Received):
Assign Action ID Number in ORM ❑
2. Work Type: ❑✓ Private ❑Institutional ❑Government ❑ Commercial
3. Project Description / Purpose [PCN Form 133d and 133e]:
Attached
4. Property Owner / Applicant [PCN Form A3 or A41: Attached
5. Agent / Consultant [PNC Form A5 — or ORM Consultant ID Number]:
6. Related Action ID Number(s) [PCN Form 135b]:
7. Project Location— Coordinates, Street Address, and/or Location Description [PCN Form Blb]:
36.10632,-78.24715
8. Project Location— Tax Parcel ID [PCN Form B 1 a]: Attached
9. Project Location — County [PCN Form A2b]: Franklin
10. Project Location —Nearest Municipality or Town [PCN Form A2c]: Louisburg
11. Project Information — Nearest Waterbody [PCN Form 132a]: Sycamore Creek
12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: 03020101
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
W A r�RQG
� r
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
1a.
Type(s) of approval sought from the
Corps:
®Section 404 Permit El Section 10 Permit
1b. 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
1e.
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
1h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
® No
2.
Project Information
2a.
Name of project:
Highest Power Solar Farm
2b.
County:
Franklin
2c.
Nearest municipality / town:
Louisburg
2d.
Subdivision name:
2e.
NCDOT only, T.I.P. or state
project no:
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Attached
3b.
Deed Book and Page No.
3c.
Responsible Party (for LLC if
applicable):
3d.
Street address:
3e.
City, state, zip:
3f.
Telephone no.:
3g.
Fax no.:
3h.
Email address:
Page 1 of 12
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:
Mr. Matt McGovern
4c.
Business name
(if applicable):
Highest Power Solar, LLC
4d.
Street address:
880 Apollo Street, Suite 333
4e.
City, state, zip:
El Segundo, CA 90245
4f.
Telephone no.:
424.284.9080
4g.
Fax no.:
4h.
Email address:
info@silverpineenergy.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 12
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):
2825-26-2942, 2825-35-8575, 2826-31-6722 and 2826-
40-0918
1b. Site coordinates (in decimal degrees):
Latitude: 36.10632 Longitude: - 78.24715
(DD.DDDDDD) (-DD.DDDDDD)
1c. Property size:
556 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
Sycamore Creek
proposed project:
2b. Water Quality Classification of nearest receiving water:
Class C, NSW
2c. River basin:
Upper Tar
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 wooded land. A dipidated single family residence is located on the southwestern portion
of the site. Other structures are not located on the site. The site is located withinin a rural/residential area of Louisburg,
Franklin County, North Carolina
3b. List the total estimated acreage of all existing wetlands on the property:
—38.75 ac
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
Streams =—26,853 LF. Open Water Ponds =-0.74 ac.
3d. Explain the purpose of the proposed project:
The purpose of the proposed project is to provide road access and site interconnection during development and long term
maintenance of the site as a utility scale 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. In order to provide safe access and
interconnection of the site, 2 culvert replacements and 3 new crossings are necessary. To facilitate development of the
site and installation of the culvert replacement/installation, clearing the site is necessary. Graders, haulers, excavators
and other heavy equipment will be used during site construction.
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 El Unknown
project (including all prior phases) in the past?
Comments:
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/David Brame/Michael
Other:
Brame/Seren Homer/Catherine Carston
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
USACE JD SAW-2018-02063 dated 7.9.19. DWR Buffer Determination TPBRRO #18-403 dated 1.4.19
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 12
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.
Page 4 of 12
PCN Form — Version 1.3 December 10, 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
® Wetlands ® Streams - tributaries ® Buffers
❑ Open Waters ❑ Pond Construction
Page 5of12
PCN Form — Version 1.3 December 10, 2008 Version
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
Road Crossing
Unknown
® Yes
® Corps
0.005
Fill
❑ No
❑ DWQ
W2 ®P ❑ T
Road Crossing
Unknown
® Yes
® Corps
0.065
Fill
❑ 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
0.07
2h. Comments: Crossing # 2 will permanently impact 0.005 acres of wetlands and Crossing #4 will permanently impact 0.065
acres of wetlands. Mitigation is not proposed for unavoidable wetland impact.
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)
Road Crossing
® PER
® Corps
S1 ®P ®T
Fill/Rip-Rap/De-
Unnamed
INT
DWQ
4
0/18/45
watering
Road Crossing
® PER
® Corps
S2 ®P ®T
Fill/Rip-Rap/De-
Unnamed
❑INT
❑DWQ
3
6/34/49
watering
Road Crossing
® PER
® Corps
S3 ®P ®T
Fill/Rip-Rap/De-
Unnamed
El INT
❑DWQ
4
22/23/48
watering
Road Crossing
® PER
® Corps
S4 ®P ®T
Fill/Rip-Rap/De-
Unnamed
❑INT
❑DWQ
6
21/19/42
watering
Road Crossing
® PER
® Corps
4
S5 ®P ®T
Fill/Rip-Rap/De-
Unamed
❑INT
El DWQ
21/21/55
watering
S6 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
3h. Total stream and tributary impacts
70/115/239
3i. Comments: Crossing #1 is a culvert replacement that will permanently impact 18 linear feet of stream channel associated
with keyed in rip -rap and temporarily impact 45 linear feet of stream channel associated with de -watering.
Crossing #2 is a culvert replacement that will permanently impact 6 linear feet of stream channel from road crossing fill,
permanently impact 34 linear feet of stream channel with keyed in rip -rap and temporarily impact 49 linear feet of stream
channel associated with de -watering.
Page 6 of 12
PCN Form — Version 1.3 December 10, 2008 Version
Crossing 3 is a new crossing that will permanently impact 22 linear feet of stream channel from road crossing fill, permanently
impact 23 linear feet of stream channel with keyed in rip -rap and temporarily impact 48 linear feet of stream channel
associated with de -watering.
Crossing 4 is a new crossing that will permanently impact 21 linear feet of stream channel from road crossing fill, permanently
impact 19 linear feet of stream channel with keyed in rip -rap and temporarily impact 42 linear feet of stream channel
associated with de -watering.
Crossing 5 is a new crossing that will permanently impact 21 linear feet of stream channel from road crossing fill, permanently
impact 21 linear feet of stream channel with keyed in rip -rap and temporarily impact 55 linear feet of stream channel
associated with de -watering.
Areas of temporary impact will be restored to similar pre -construction graded, matted and seeded. Areas of rip -rap will be
keyed into existing grades of beds and banks and will not result is net loss of stream. The Applicant does not propose
mitigation for unavoidable stream impacts.
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
4L 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
K Total
5g. Comments: Pond or lake construction is not proposed.
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 7 of 12
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:
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
required?
131 ❑P❑T
El Yes
❑ No
B2 ❑P❑T
El Yes
❑ No
B3 ❑P❑T
El Yes
❑ No
6h. Total buffer impacts
6i. Comments: See attached Buffer Impact Table. The proposed culvert replacements and new crossings do not require
mitigation due to each crossing being designed to have less than 1/3rd acre permanent buffer impact.
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The applicant has designed the overall project to use multiple access points from existing public roads, thus, reducing the
number of stream and wetland crossings required to provide access to the solar farm. The applicant has designed crossings
in locations of existing crossings where practical. Crossings # 1 and 2 were designed to replace existing dilapidated culverts
with new culverts instead of proposing new crossings, thus minimizing cumulative stream and wetland impact amounts. The
crossing locations were designed to avoid permanent fill to wetlands where practical and possible. The crossing locations
were also selected in relatively straight reaches of streams and/or narrow adjacent wetlands.
The solar array and necessary infrastructure (overhead/underground voltage lines, inverters, etc.) have been designed to
avoid impacts to jurisdictional streams, wetlands and ponds.
Approximately 36.68 acres of wetlands, 0.74 acres of open water pond and 26,429 linear feet of stream channel are being
avoided.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Temporary coffer dams will be installed up -gradient of the proposed culvert/culvert replacement locations. 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/culvert
replacement areas. Upon completion of the culvert replacements and 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.
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
❑Payment to in -lieu fee program
project?
❑ Permittee Responsible Mitigation
Page 8 of 12
PCN Form — Version 1.3 December 10, 2008 Version
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).
6h.
Comments:
Page 9 of 12
PCN Form — Version 1.3 December 10, 2008 Version
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?
1b.
If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ®No
Comments: Concentrated stormwater flow will not be discharged into the buffers
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
<24 %
2b.
Does this project require a Stormwater Management Plan?
❑ Yes ® No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why: low density
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 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 12
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?
1b.
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
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):
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 impact nearby downstream water quality.
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.
The proposed project will not generate wastewater.
Page 11 of 12
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?
USFWS e-mails dated 8.5.19 & 10.5.20 (attached)
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 a review of the NOAA EFH Mapper, the site is not located in or near an area designated as essential fish
habitat.
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?
SHPO letter dated 3.18.19 (attached)
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? FEMA NFHL (Drawing 4, Verification Package)
Digitally signed by Bradley S. Luckey
DN: cn=Bradley S. Luckey, o—Pilot
Bradley S. Luckey
Enviromental, Inc., ou,
email—bluckey@pilotenviro.com,r--US
10.7.20
Date: 2020.10.07 13:04:51-04'00'
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 12 of 12
PCN Form — Version 1.3 December 10, 2008 Version
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DocuSign Envelope ID: 2C866EC4-8D45-4A76-SOF5-8087A76711F1
Proposal for Environmental Services
Pilot Proposal4038.7
September 18, 2020
AGENT AUTHORIZATION
This form authorizes PEI 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: 1418 Ronald Tharrington Rd
Louisbure. NC 27549
Applicant Information:
Name: Highest Power Solar, LLC
Address: 880 Apollo St, Suite 333
El Segundo, CA 90245
Telephone Number: 424-284-9080
Fax Number:
E-mail Address: info@silverpineenergy.com
n.Do_clutSigned by:
Signature: /V ` Act C__bv ' Date: 9/18/2020
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United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh E5 Field Office
Post Office Sox 33726
Raleigh, North Carolina 27636-3726
December 13, 2018
David Brame. I'W'S
Pilot Environmental Inc:.
P.O. Box 128
Kerneyrsville, NC 27285
Subject. IIighest Power Solar Project - Franklin County, NC
Dear Mr. Brame:
'Phis iettcr is in response to your December 11, 2018 request ror preliminary comments
concerning Federally -listed species at the Highest Power Solar site, located. on Ronald
Tharrington Road, in Louisburg, Franklin County, North Carolina. U.S. Fish and Wildlife
Service (Service) has reviewed the request for review and comment, and our comments are
submitted pursuant to, and in accordance with. provisions of the: Endangered Species Act (the
Act). According to the submitted information, the project site is has been identified for the
potential installation of a solar facility. The site consists primarily of siivicultural lands.
Sycamore Creek crosses the central portion of the site:, and there are several other unnamcd
tributaries to Sycamore Creek on the site.
Your December 11. 2018 email and the attached document indicated that surveys may be
required, since: the: project site contains suitable habitat for Michaux's sumac (Rhus michauxil),
yellow lance (Illipio lanceolala), Tar River spinymussel f F.11ll�tio sle:instansana), dwarf
wedgemussel (Alcr.rmidonta heterodon), and the proposed species, Atlantic pigtoe (Fusconaia
masoni).
The; Service agrees that, if activities Are proposed in suitable: habitat ror any listed species,
surveys for those species should be conducted. We note that in the case where there is suitable
habitat and surveys have not been conducted, the Service typically assumes presence of those
species.
Surveys to de:tcrminc the absence of aquatic mussels is rather time-consuming and rigurous. If
you wish to attempt to determine absence of mussel species through surveys of suitable habitat,
Please contact Sarah McRae of this office for more information on requirements and
expectations (sarali_mcrae@fws,gov or 919-856-4520, x. 16).
For Michaux's sumac, surveys in suitable habitat should be conducted during the flowering or
fruiting season (May to October) to facilitate identification. If'you have questions about surveys
for listed plants, please contact Dale Suiter of this office at dale_suiter@fws,gov or 919-856-
4520, x.18.
We appreciate the opportunity to provide preliminary comments on this project. If you have any
questions concerning these comments, please contact Kathy Matthews at (919) 856-4520, Ext.
27, or by e-mail at <kathryn_matthews@fws•gov?.
Sincercf�•.
�.¢cc
Pet Benj ami ii
Field Supervisor
From: Matthews, Kathryn H
To: Brad Luckey
Cc: Andrew E Will iams2Calusace.army.mil; Mann, Leigh
Subject: Re: [EXTERNAL] Highest Power Mussel Survey - Request for Concurrence
Date: Monday, October 5, 2020 10:16:53 AM
Hi Brad,
Thanks for proactively conducting surveys. This is very helpful. The Service concurs with your
no effect determination for this project.
Would it be possible for the Aldermans to send their info to NCWRC for the PAWS database?
It is just as helpful to know where the species appears to be absent as it is to know where they
are found. If they would rather not share themselves, would it be ok for me to pass this info
along to WRC?
Thanks!
Kathy Matthews
Fish and Wildlife Biologist
U.S. Fish and Wildlife Service
551-F Pylon Drive
Raleigh, NC 27606
919-856-4520, x. 27
From: Brad Luckey <bluckey@pilotenviro.com>
Sent: Monday, October 5, 2020 9:44 AM
To: Matthews, Kathryn H <kathryn_matthews @fws.gov>
Cc: Andrew_E_Williams2@usace.army.mil <Andrew_E_Williams2@usace.army.mil>
Subject: [EXTERNAL] Highest Power Mussel Survey - Request for Concurrence
This email has been received from outside of DOI - Use caution before clicking on
links, opening attachments, or responding.
Good Morning Kathy,
I hope you are doing well. The applicant is preparing permit applications for impacts to streams,
stream buffer and wetlands for 2 culvert replacements and 3 new culverts to provide access for the
Highest Power Solar Farm (SAW-2018-02063) located in Louisburg, Franklin County, North Carolina.
The attached exhibit depicts the locations of proposed impacts to wetlands, streams and stream
buffers associated with the culvert replacements/installations. Other impacts to jurisdictional
waters and buffers associated with the construction and operation of the proposed soIarfarm are
being avoided. Based on the Service's previous e-mail correspondence below, the applicant
contracted Alderman to conduct a detailed survey for federally protected aquatic species. The
attached Alderman survey did not identify targeted species. Therefore, we are requesting USFWS
concurrence that the proposed project will have no effect to federally protected aquatic species. If
you require any additional information to complete your review, then please let me know. Thank
you for your assistance.
Sincerely,
Bradley S. Luckey, PWS
336.708.4997 (c)
336.310.4527 (o)
PO Box 128
Kernersville, NC 27285
www.pilotenviro.com
bluckev(@pilotenviro.com
From: Matthews, Kathryn [ma iIto: kathryn_matthews@fws.gov]
Sent: Tuesday, August 6, 2019 11:25 AM
To: Brad Luckey <bluckey@pilotenviro.com>
Cc: dale_suiter@fws.gov; Leigh Mann <Leigh_Mann@fws.gov>
Subject: Re: [EXTERNAL] Highest Power Sumac Survey - Request for Concurrence
Hi Brad,
Thanks for submitting the plant survey info. Provided that impacts to streams and the 50-foot
buffer will be avoided, and erosion
and sediment control measures are implemented and maintained, we concur that the proposed
project is not likely to adversely affect any currently listed or proposed species. If stream
crossings or other impacts to the stream or buffer are proposed in the future, please reinitiate
consultation.
Thanks,
Kathy Matthews
On Mon, Aug 5, 2019 at 8:17 AM Brad Luckey <bluckey pilotenviro.com> wrote:
Good Morning Kathy,
The Service responded to our preliminary inquiry of federally protected species for the
proposed Highest Power Solar farm, located in Louisburg, Franklin County on 12.13.18.
The response indicated that a detailed survey should be conducted on areas of suitable
habitat located on the site for the federally protected Michaux's sumac. The Applicant
contracted D&D West to complete the detailed survey. According to the D&D West survey
(attached), species of Michaux's sumac are not identified on the site. As such, we are
requesting USFWS concurrence that the proposed project will have no effect to Michaux's
sumac. If you require any additional information to complete your review, then please let
me know. Thank you for your assistance.
Sincerely,
Bradley S. Luckey, PWS
336.708.4997 (c)
336.310.4527 (o)
PO Box 128
Kernersville, NC 27285
www.pilotenviro.com
blucke c uilotenviro.com
Kathy Matthews
Fish and Wildlife Biologist
Raleigh Ecological Services
U.S. Fish and Wildlife Service
P.O. Box 33726
Raleigh, NC 27636-3726
Phone 919-856-4520 x27
Email kathryn_matthews(c�.fws.gov
�a
NMTH CARCLINA STATE CISJUU MOUS&
L.�
DZPARTMENT OF AMMISTPATION
COUNTY: F'RANXLIN 811: ENERGY RELATED STATE NVMEWR: 19-E-4600-0175 �
FACILTTIES/ACTIVITIES DATE RKCZrVED 01/23/2019 LL
LL
KGENCY RKSPOTTSE: 02/18/2019 p
RMIN CWSZD: 02/22/2019
MS RENEE GLECHI LL-EARLEY Received; 021 04 2019
CLEARINGHOUSE COORDINATOR State Historic Preservation Office
DEFT %Jr NATURAL 6 L, &oi W%M.0 RESOURCE
STATE HISTORIC PRESERVATION OFFICE
MSC 4611 - ARCHTVES BUILDING
RALEIGH NC
REVILM DISTRIBUTION
DEFT OF' AGRICULTURE
DEPT OF ENVIRONMENTAL QUALITY
DEPT OF NATURAL & CULTURA_i. RESOURCE
DEPT OF TRANSPORTATION
DNCR _ NATURAL HERITAGE PROGRAM
❑PS DIV OF EMERGENCY MANAGEMENT
KERR TAR REGIONAL COG
PROJZCT INEOMATICW
APPLICANT: North Carolina Department of Commerce
TYPE: State 34vironmental Policy Act
Environmental. Review
UGH 16--2I99
Due -- 2/ 12119
A-(5�W
2"1 1 T
f
Due -- Dii kj-,
DESC: Amended Application of highest over Solar, LLC for Certificate to Power construct a 50
MW So}ar Facility in Franklin Co. Docket #SP-8609, Sub 0. -- View document at
http://starwl.ncuc.net/NCUC/portal/ncuc/page/oockets/portal,aspx, Type SP-B509
Sub 0 in the Docker. Number search .line.
Located at 1418 Ronald Tharrington Road, Louisburg, NC
Amended due to the additional land added to the site,
CROSS-REFERENCE NUMBER. 17-E-4600-0260
The attached project has been submitted to the N. C. State Clearinghouse for
intergovernmental review. Please review and submit your response by the above
indicated date to 1301 Mail Service Center, Raleigh NC 27699-1301.
rf additi.onai review time is needed, please contact this office at (919)807-2425.
AS A RESULT OF THIS REVIEW THE FOLLOWING IS SUBMITTED: no COMENT COMMENTS ATTACHED
SIGWW BY: 0%&
DATE: S'3 •Iil� - I
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action id. SAW-2018-02063 County: Franklin County U.S.G.S. Quad: Justice
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Applicant: Pilot Environmental, Inc.
Michael Brame
Address: PO Box 128
Kernersville, North Carolina 27285
Telephone Number: 336-310-4527
Size (acres)
556 (approximate)
Nearest Town
Louisburg
Nearest Waterway
Sycamore Creek
River Basin
Upper Tar
USGS HUC
03020101
Coordinates
Latitude: 36.106321619677
Longitude:-78.2471456042282
Location description:
The 556 acre site (approximate)
is located immediately
northeast of the Hickory Rock Road,
Svcamore Ridec Road
intersection in Franklin Countv.
North Carolina and is identified as the HiLyhest Power. LLC.
see attached maps entitled Drawing 5, 5.1, 5.2 and 5.3).
Indicate Which of the Following Apply:
A. Preliminary Determination
X There are waters, including wetlands, on the above described project area, 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. 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 are wetlands on the above described 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 (RI -IA) (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 of the U.S. on your 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 property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act (RI -IA) (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 of the U.S., including wetlands, on the above described project area 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 of the U.S. on your 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.
Page 1 of 2
SAW-2111 R-02063
_ The waters of the U.S., including wetlands, on your project area have been delineated and the delineation has been
verified by the Corps. We strongly suggest 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 of the U.S., 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 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 Andrew Williams at
(919) 554-4884 or xxxAndrew.E.Williams2(a usace.army.mil.
C. Basis For Determination: N/A. An Approved JD has not been completed.
D. Remarks: US Army Corps of Engineers conducted a site visit on December 6, 2018
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 for Approved Jurisdiction Determinations (as indicated in Section B. above)
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: Jason Steele, Review Officer
60 Forsyth Street SW, Room 1 OM 15
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. / �. Date: 2019.07.09 14:39:09
Corps Regulatory Official: � ��-04'00'
SAW-201I R-02063
Date: July 9, 2019
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 our Customer Satisfaction Survey, located online at
http://corpsmgpu.usace.arMy.mil/cm qpex/Vp=l-36:4 : 0.
SAW-2018-1121163
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Michael Brame Pilot Environmental, Inc.
File Number: SAW-2018-02063
Date: July 9, 2019
Attached
is:
See Section below
INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission)
A
PROFFERED PERMIT Standard Permit or Letter ofpermission)
B
PERMIT DENTAL
C
APPROVED JURISDICTIONAL DETERMINATION
D
PRELIMINARY 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 httr)://www.usace.army.mil/Missions/CivilWorks/Re2u]atoryPro2ramandPermits.ast)x or
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 IT 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 11 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 11 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.
SAW-2111 R-02063
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.
SECTION II - 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. Jason Steele, Administrative Appeal Review Officer
Attn: Andrew Williams
CESAD-PDO
3331 Heritiage Trade Drive, Suite 105
U.S. Army Corps of Engineers, South Atlantic Division
Wake Forest, North Carolina 27587
60 Forsyth Street, Room 10M15
Atlanta, Georgia 30303-8801
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 investi ations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Andrew Williams, 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. Jason Steele,
Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
Drawing 5.2
lwl Drawing 5.1
f + 2 �.
F
Y
THE LOCATIONS OF FEATURES
SHOWN WERE VERIFIED BY MR.
ANDY WILLIAMS WITH THE
USACE AND MS. STEPHANIE GOSS
WITH THE NCDEQ-DWR ON 4
f DECEMBER 6, 1018. THIS EXHIBIT
It
GPS LOCATIONS OF
DELINEATED FEATURES.
Drawing 5
Aerial Imagery from ESRI
and Pilot GPS Data
Scale: 1" = 1,000'
Date: 10.26.18
W
VV7
Drawing 5.3
PILOT
P I L D i E N V I R 0 h M E H T A L I W[
to J.
1 0
11
Wetland Map
Highest Power
Approximate 556 Acre Tract
Louisburg, Franklin County, NC
Pilot Project 4038
{
t -" W5-E_0.075_Ae.
115f5-D_0.012_,4c.
LEGEND
Site Boundary
Perennial Stream
.... Intermittent Stream
Pond
_ Tar -Pam 50-ft Buffer
Wetland
Culvert
• Data Point
Drawing 5.1 a; ; _ Wetland Map
Aerial Imagery from ESRI '� �'T'
g Y �'-:- �'F Highest Power
and Pilot GPS Data _' Approximate 556 Acre Tract
Scale: 1" = 500' PIL131' '"' Louisburg, Franklin County, NC
Date:10.26.18 r0T ENVIR0NMEN7AL.INC Pilot Project4038
Revised: 12.13.18
3,
WF-2_0.81_Ac.
.twos ACA
Drawing 5.2
Aerial Imagery from ESRI
and Pilot GPS Data
Scale: 1" = 500'
Date: 10.26.18
Revised: 12.13.18
Perennial Stream
-----••
Intermittent Stream
THE LOCATIONS OF FEATURES
Pond
SHOWN WERE VERIFIED BY MR.
ANDY WILLIAMS WITH THE
i
Tar -Pam 50-ft Buffer
USACE AND MS. STEPHANIE GOSS
Wetland
WITH THE NCDEQ-DWR ON
DECEMBER 6, 2018. THIS EXHIBIT
Culvert
INCLUDES GPS LOCATIONS OF
DELINEATED FEATURES.
O
Data Point
PIL131V A%
P I L D i E N V I R 0 h M E H T A L W[
Wetland Map
Highest Power
Approximate 556 Acre Tract
Louisburg, Franklin County, NC
Pilot Project 4038
EPA
51_ 7562 _LF
454 LF
• � A�fUL '7B�
Ir
THE LOCATIONS OF FEATURES ,4
SHOWN WERE VERIFIED BY MR.
LWILLIAMS WITH THE
AND MS. STEPHANIE GOSS
THE NCDEQ-DWR ON
MBER 6, 2018. THIS EXHIBIT
DES GPS LOCATIONS OFEATED FEATURES.
Drawing 5.3 !;a;
Aerial Imagery from ESRI f..rOT
and Pilot GPS DataScale: 1" = 500' IL1311rDate:10.26.18 ENVIR❑hAlENTAL W[
Revised: 12.13.18
l�r164;2 _LF�
LEGEND
Site Boundary
Perennial Stream
....... Intermittent Stream
��. Pond
Tar -Pam 50-ft Buffer
Wetland
■ Culvert
Wetland Map
Highest Power
Approximate 556 Acre Tract
Louisburg, Franklin County, NC
Pilot Project 4038
PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: July 9, 2019
B. NAME AND ADDRESS OF PERSON REQUESTING PJD:
Michael Brame, Pilot Environmental, Tnc., Post Office Box 128, Kernersville, North Carolina 27285
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington, Highest Power Solar, SAW 2018-02063
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The site is located east of Louisburg south of
Ronald Tharrington Road.
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: North Carolina County/parish/borough: Franklin City: Louisburg
Center coordinates of site (lat/long in degree decimal format): Lat.: 36.106540' Long.:-78.246455'
Universal Transverse Mercator: WGS 84
Name of nearest waterbody: Sycamore Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
® Office (Desk) Determination. Date: July 9, 2049
® Field Determination. Date(s): December 6, 2018
TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Estimated amount
Geographic authority to
Site
Latitude (decimal
Longitude
of aquatic resources
Type of aquatic
which the aquatic
Number
degrees)
(decimal
in review area
resources (i.e., wetland
resource "may be"
degrees)
(acreage and linear
vs. non -wetland waters)
subject (i.e., Section 404
feet, if applicable
or Section 10/404)
IS 10_
36.111544
-78.251264
72 _LF
Non -wetland waters
Section 404
Intermittent Stream
IS7_
36.108555
-78.25632
283 _LF
Non -wetland waters
Section 404
Intermittent Stream
IS8_
36.106191
-78.252206
233 _LF
Non -wetland waters
Section 404
Intermittent Stream
ISA_
36.102741
-78.248938
714 _LF
Non -wetland waters
Section 404
Intermittent Stream
ISAB1_
36.098875
-78.247147
339 _LF
Non -wetland waters
Section 404
Intermittent Stream
ISAB2_
36.096862
-78.246291
467 _LF
Non -wetland waters
Section 404
Intermittent Stream
ISAC_
36.098647
-78.247570
144 _LF
Non -wetland waters
Section 404
Intermittent Stream
ISB_
36.112602
-78.239689
318 _LF
Non -wetland waters
Section 404
Intermittent Stream
Estimated amount
Geographic authority to
Site
Latitude (decimal
Longitude
of aquatic resources
Type of aquatic
which the aquatic
`nay
Number
degrees)
(decimal
in review area
resources (i.e., wetland
resource be"
degrees)
(acreage and linear
vs. non -wetland waters)
subject (i.e., Section 404
feet, if applicable
or Section 10/404)
ISC1
Non -wetland waters
Section 404
92 _LF
36.109772
-78.239537
Intermittent Stream
ISC2_
36.110865
-78.240525
413 _LF
Non -wetland waters
Section 404
Intermittent Stream
ISC3_
36.115443
-78.245579
152 _LF
Non -wetland waters
Section 404
Intermittent Stream
ISF_
36.108033
-78.246806
437 _LF
Non -wetland waters
Section 404
Intermittent Stream
PA_
36.098078
-78.246907
0.74 _Ac.
Non -wetland waters
Section 404
Pond
S 1_
36.107063
-78.244452
7562 _LF
Non -wetland waters
Section 404
Perennial Stream
S 11_
232 _LF
Non -wetland waters
Section 404
36.106695
-78.24537
Perennial Stream
S2_
36.107649
-78.243391
140 _LF
Non -wetland waters
Section 404
Perennial Stream
S3
36.104355
-78.24717
2012 _LF
Non -wetland waters
Section 404
Perennial Stream
S4
36.103165
-78.243199
536
Non -wetland waters
_LF
Perennial Stream
Section 404
S5_
36.101482
-78.242832
508 _LF
Non -wetland waters
Section 404
Perennial Stream
S6_
36.100345
-78.243779
1642 _LF
Non -wetland waters
Section 404
Perennial Stream
S7
36.106397
-78.256329
1911 _LF
Non -wetland waters
Section 404
Perennial Stream
S8_
36.107817
-78.253589
1032 _LF
Non -wetland waters
Section 404
Perennial Stream
S9_
36.108183
-78.250867
2565 _LF
Non -wetland waters
Section 404
Perennial Stream
SAA_
36.105765
-78.251172
475 _LF
Non -wetland waters
Section 404
Perennial Stream
SAB_
36.09977
-78.246857
2171 _LF
Non -wetland waters
Section 404
Perennial Stream
SAB1_
36.104137
-78.247722
454 _LF
Non -wetland waters
Section 404
Perennial Stream
SC_
36.112263
-78.242369
1627 _LF
Non -wetland waters
Section 404
Perennial Stream
SF_
36.109011
-78.246524
144 _LF
Non -wetland waters
Section 404
Perennial Stream
SX_
36.098864
-78.242462
178 _LF
Non -wetland waters
Section 404
Perennial Stream
W 1_
36.105034
-78.248242
19.48 _Ac.
PFO Wetland
Section 404
W2_
36.103229
-78.242956
0.09 _Ac.
PFO Wetland
Section 404
W3
36.099076
-78.241938
0.61 _Ac.
PFO Wetland
Section 404
W4-A_
36.108016
-78.251378
0.03 _Ac.
PFO Wetland
Section 404
W4-B_
36.108607
-78.251567
0.01 _Ac.
PFO Wetland
Section 404
W4-C_
36.108643
-78.251358
0.02 _Ac.
PFO Wetland
Section 404
W4-D_
36.11167
-78.251178
0.06 _Ac.
PFO Wetland
Section 404
W4-E_
36.111345
-78.251148
0.01 _Ac.
PFO Wetland
Section 404
Site
Number
Latitude (decimal
degrees)
Longitude
(decimal
degrees)
Estimated amount
of aquatic resources
in review area
(acreage and linear
feet, if applicable
Type of aquatic
resources (i.e., wetland
vs. non -wetland waters)
Geographic authority to
which the aquatic
resource `nay be"
subject (i.e., Section 404
or Section 10/404)
W4-F_
36.10663
-78.252491
0.81 _Ac.
PFO Wetland
Section 404
W4-G_
36.105827
-78.253835
2.37 Ac.
PFO Wetland
Section 404
W5-A_
36.106234
-78.247902
0.5 _Ac.
PFO Wetland
Section 404
W5-13_
36.106127
-78.249995
0.02 _Ac.
PFO Wetland
Section 404
W5-C_
36.105603
-78.255283
0.29 _Ac.
PFO Wetland
Section 404
W5-D_
36.106133
-78.255935
0.01 Ac.
PFO Wetland
Section 404
W5-E_
36.107174
-78.25655
0.01 _Ac.
PFO Wetland
Section 404
W5-F_
36.108454
-78.256757
0.03 _Ac.
PFO Wetland
Section 404
WA- 1—
36.105593
-78.25231
0.06 _Ac.
PFO Wetland
Section 404
WA-2—
36.102232
-78.249366
0.06 _Ac.
PFO Wetland
Section 404
WA-3—
36.101664
-78.246851
0.03 _Ac.
PFO Wetland
Section 404
WA-4—
36.100427
-78.246639
0.3 Ac.
PFO Wetland
Section 404
WA-5—
36.099911
-78.24642
0.04 _Ac.
PFO Wetland
Section 404
WA-6—
36.097656
-78.246798
0.02 _Ac.
PFO Wetland
Section 404
WA-7—
36.098576
-78.24286
0.01 _Ac.
PFO Wetland
Section 404
WA-8—
36.098016
-78.241825
0.2 Ac.
PFO Wetland
Section 404
WC-1—
36.110176
-78.239606
1.72 _Ac.
PFO Wetland
Section 404
WC-2—
36.111079
-78.241048
0.5 Ac.
PFO Wetland
Section 404
WC-3—
36.114623
-78.24491
0.44 _Ac.
PFO Wetland
Section 404
WC-4—
36.115779
-78.246046
0.08 _Ac.
PFO Wetland
Section 404
WD_
36.109427
-78.241955
0.6 Ac.
PFO Wetland
Section 404
WE
36.108883
-78.242279
0.02 _Ac.
PFO Wetland
Section 404
WF-1_
36.108231
-78.24408
7.83 _Ac.
PFO Wetland
Section 404
WF-2_
36.108698
-78.24673
0.81 _Ac.
PFO Wetland
Section 404
WS_
36.108155
-78.256353
0.022 —Ac.
PFO Wetland
Section 404
1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the
review area, and the requestor of this PJD is hereby advised of his or her option to request
and obtain an approved JD (AJD) 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) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide
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 AJD 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 the option to request an AJD before accepting the terms and
conditions of the permit authorization, and that basing a permit authorization on an AJD could
possibly result in less compensatory mitigation being 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, including whatever mitigation requirements the Corps has determined to be necessary;
(5) undertaking any activity in reliance upon the subject permit authorization without
requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a
permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in
reliance on any form of Corps permit authorization based on a PJD constitutes agreement that
all aquatic resources in the review area affected in any way by that activity will be treated as
jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial
compliance or enforcement action, or in any administrative appeal or in any Federal court;
and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed
as soon as practicable. Further, an AJD, 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, it becomes appropriate to
make an official determination whether geographic jurisdiction exists over aquatic resources
in the review area, or to provide an official delineation of jurisdictional aquatic resources in
the review area, the Corps will provide an AJD to accomplish that result, as soon as is
practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be"
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 sources below where
indicated for all checked items:
❑ Maps, plans, plots or plat submitted by or on behalf of the PJD requester:
Map: Highest Power Verification Revisions 12.13.18; Drawings 5, 5. I, 5.2 and 5.3.
® Data sheets prepared/submitted by or on behalf of the PJD requestor.
® Office concurs with data sheets/delineation report.
❑ Office does notconcurwith data sheets/delineation report. Rationale:
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
® U.S. Geological Survey map(s). Cite scale & quad name: Drawing 1: USGS Topographic May
Ingleside, Gold Sand, Louisbura,and Justice NC, Quadrangles
® Natural Resources Conservation Service Soil Survey. Citation: Drawings 2 & 2A: USDA Web Soil Survey
of Franklin County, NC and USDA Soil Survey of Franklin County, NC Published 2004, Sheets 10 and 11
® National wetlands inventorymap(s). Cite name: Drawing 3: USFWS NWI Wetlands Mapper
❑ State/local wetland inventory map(s):
® FEMA/FIRM maps: Drawing 4, National Flood Hazard Layer from FEMA Web Map Service
❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
®Photographs: ®Aerial (Name & Date): Drawing 5: Aerial Imagery from ESRI (undated)
or ❑Other (Name & Date):
❑ Previous determination(s). File no. and date of response letter:
® Other information (please specify):December 6, 2018 USACE site visit
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.
Date: 2019.07.09
13:07:26-04'00'
Signature and date of Regulatory
staff member completing PJD
�J�I December 13, 2018
Signature and date of person
requesting PJD (REQUIRED,
unless obtaining the signature
is impracticable)'
1 Districts may establish timeframes for requester to return signed PJD forms. if the 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.
ROY COOPER
Governer
MICHAEL S. REGAN
svcretarti
LINDA CULPEPPER
Interim Director
Clyde David, Jr.
3933 Setonhurt Road
Pikesville, MD 21208
Highest Power, LLC
Attn: Anna Kearney
702 Robert E. Lee Drive,
Wilmington, NC 28413
Trustee of the Edward Y Yarborough Trust
324 Cloudes Mill Drive
Alexandria, VA 22304
NORTH Ce^RC-INA
Fnvirunrr�entai Qurufity
January 4, 2019
Subject: Buffer Determination Letter
TPBRRO #18-403
Franklin County
Determination Type:
Buffer
Intermittent/Perennial
❑ Neuse (15A NCAC 213 .0233)
® Tar -Pamlico 05A NCAC 213,0259)
❑ In term ittent/Perennial Determination (where local buffer
ordinances apply)
❑ Jordan (15A NCAC 213 .0267)
(governmental and/or interjurisdictional
projects)
Project Name: Highest Power
Address/Location:
Ronald Tharrin ton Road -Parcel ID 016283, 015316, 015951, 015316 018982
Stream(s): Sycamore Creels
Determination Date: December 28, 2018 Staff: Stephanie Goss
D_EQ
North Carolina Department of Environmental Quality I Division of Water Resources I Raleigh Regional Office
3800 Barrett Drive 11628 Mail Service Center I Raleigh, North Carolina 27699-1628
aia 701 n00n
Highest Power
Franklin County
January 4, 2019
Page 2 of 3
Stream
E/I/P
Not
Subject
Start @
Stop @
Soil
USGS
*
Subject
Survey
To o
Pond 1
X
X
X
Pond 2
Not present on ground
X
X
Sycamore Creek
X
Throughout
X
X
SAB
X
Pond 1
-36.1047-32,
X
X
-78.247627
ISC3
X
36.115626,
36.115281, '
X
-78.245754
-78.245803
Sc
X
36.113926,
36.11075,
X
X
-78.244387
-78.240289
SF
X
36.109177, 1
36.108948,
X
-78.246376.
-78.246611
ISF
X
36.108445,
36.107k4,
X
-78.246785
-78.246263
SX
X
36.098864,
Flows into;SAB
X
-78.242462
SY
X
X
SZ
X
X
ISA
X
36.102436,
36.103787,
X
-78.249324
-78.248672
S2
X
36.107663,
Flows iiuto
X
-78.243276
Sycamore Creek
S4
X
Off Property
36.1031Q1;
X
X
-
-78.244219
S5
X
Off Property
Flows into SX
X
X
S7
X
Off Property
Flows into
X
X
Sycamore ;Creek
S8
X
36.108692,
Flows into
X
-78.254277
Sycamore Creek
S10
X;
Off Property
Flows 1M6
X
X
S camore Creek
*E111P = EphemeralllntermittentlPerennial
Explanation: The stream(%) listed above has been located on the most recent published NRCS Soil Survey of
Franklin County, North Carolina and/or the most recent copy of the USGS Topographic map at a 1:24,000 scale.
Each stream that is checked "Not Subject" has been determined to not be at least intermittent or is not present.
Streams that are checked "Subject" have been located on the property and possess characteristics that qualify it to be
at Ieast an intermittent stream. There may be other streams located on. the property that do not show up on the maps
referenced above but may be considered jurisdictional according to the US Army Corps of Engineers.
This on -site determination shall expire five (5) years from the.date of this letter. Landowners or affected
parties that dispute a determination made by the DWR may request a determination by the Director. An
appeal request must be made within sixty (60) days of date of this letter. A request for a determination by the
Director shallbe referred to the Director in writing. If sending via US Postal Service: c/o Karen Higgins;
DWR — 401 & Buffer Perinitfing, Unit; 1617 Muir Service Center; Raleigh, NC 27699-1617. If sending via
delivery service (UPS, FedEx, etc.): Karen Higgins; iDWR — 401 & Buffer Permitting Unit; 512 N. Salisbury
Street; Raleigh, NC27604.
DR k i Z,
xi
�.m.e-�rd u.cmnxsuagc�tq
North Carbfna Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Caroiina 27699-1617
01 a 7n7 ❑nnn
Highest Power
Franklin [: ounty
January 4. 2019
rape 3 of 3
This determination is final and binding unless, as detailed above. unless an appeal is requested within sfxtt
(60) days.
This project may require a Section 4441401 Permit For the proposed activity. Any inquiries should be
directed to the US army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-554-4884.
If you have questions regarding this determination, please feel tree to contact Stephanie Goss at (919)7441-4?56.
Sincerer'.
4t, LG
Assistant Supervisor, Water Quality Regional Operations Center
cc: RRO DWR File Copy
David Brame via e-mail at dbranru ilotetv.iro_eorti
Seren Homer via e-mail at Jiomor ayilolen iroxom
CJ D_E
_ y`
J
North Carolina departirnent of Environmental Quarry; Division of Water Resources
512 North Salisbury Street 1617 Mad Service Center Raleigh. North Carolina 27699 1617
❑I ❑ 7f17 onr'+n
18-403: Highest Power
iSC3: Subject
r�
t
S10: Subject 5Z: Not Subject
SF: Subject
was
F JJ + —
Oro : Sutrject
�. . r
i
Sycarore
Creek: Subject
0 IT
Sk: tuhject �
At
S7: Subject
F S2: Subject
CIO
h ■
. _ Ir r ,> • r SY: Not Subject
A r .
Sycamore y. • - y
Creek: Subject ■ `I 54: SuhJect
ISA: Subject
c A-
0 LL V S�: Subject
SAB: Subject
Pond 1: Subject
VEhlb"1 -` .
SX: Subject
LEGEND
Site Boundary
9aAATpb Map provided by NCDEQ
Legend: Division of Water Re-
sources
-MRCS Franklin Co.
locations are approxi-
Sheets ,.
mate and are provided for
reference only ::
18-403: Highest Power
ti �5 A
N,., 4T , SC: Subject
ON
Pond 2: Not Subject —+— -•
400"4.
C r
510: Subject
a + �"� ', � � 'r li � ��� � 11 ` ' •�
157:subject
C Sycamore
- -
�t Creek: Subject
f S4: Subject
! f SAB: Subject(it t
SS: Subject =
_J Pond 1: Subject
ra
��. STAk Map provided by NCDEQ
Legend: ,�T�
' Division of Water Resources
-Approximate Site boundary: - : locations are approximate
►' 4 and are provided for
reference only ::
Contact Name *
Contact Email Address*
Project Owner*
Project Name *
Project County*
Is this a transportation project?*
Brad Luckey
bluckey@pilotenviro.com
Multiple
Highest Power Solar, LLC
Franklin
r Yes r No
Type(s) of approval sought from the DWR:
FOW 401 Water Quality
Certification - Regular
F_ Individual Permit
F_ Shoreline Stabilization
F_ 401 Water Quality
Certification - Express
F_ Modification
Does this project have an existing project ID#?*
r Yes r No
Do you know the name of the staff member you would like to request a meeting with?
do not want a meeting
Please give a brief project description below.*
Notice of 30-pre-filing meeting request to submit 401. 1 do not
actually want a meeting. I just want to submit a PCN for a 401
WQC for above project,.
Buffer determination conducted previously. No ID Number
provided.
Please give a couple of dates you are available for a meeting.
Please attach the documentation you would like to have the meeting about.
pdf only
By digitally signing below, I certify that I have read and understood that per the Federal Clean Water
Act Section 401 Certification Rule the following statements:
• This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section
401 Certification Rule.
• I understand by signing this form that I cannot submit my application until 30 calendar days after this pre -
filing meeting request.
• I also understand that DWR is not required to respond or grant the meeting request.
Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding
meeting location and time if a meeting is necessary. You will receive notification when the thirty -day clock has
expired, and you can submit an application.
Signature *
fflta� IXIW
Submittal Date 9/18/2020
Strickland, Bev
From: laserfiche@ncdenr.gov
Sent: Wednesday, September 23, 2020 5:01 PM
To: bluckey@pilotenviro.com
Subject: Acknowledgement for Pre -Filing Meeting Request - Highest Power Solar, LLC
Attachments: DWR Pre -Filing Meeting Request Form.pdf
The North Carolina Division of Water Resources has received the Pre -Filing Meeting Request Form
for Highest Power Solar, LLC that you submitted on 9/18/2020. The ID number for that project is
20201221, Version 1.
Reviewer Contact Information:
Reviewer:
Reviewer Email:
Reviewing Office: Raleigh Regional Office - (919) 791-4200
You will either be contacted by staff to set up a meeting or notified by email that the 30 calendar day
clock has been reached and you are allowed to submit your application.
This email was automatically generated by Laserfiche workflow. Please do not respond to this email
address, as responses are not monitored.
1
ID#* 20201221 Version* 1
Regional Office* Raleigh Regional Office - (919) 791-4200
Reviewer List* Stephanie Goss
Pre -Filing Meeting Request submitted 9/18/2020
.....................................................................................................................................................................................................................
Contact Name* Brad Luckey
Contact Email Address* bluckey@pilotenviro.com
Project Name* Highest Power Solar, LLC
Project Owner* Multiple
Project County* Franklin
Owner Address: Street Address
Address Line 2
aty State / Province / Region
Postal / Zip Code Country
Is this a transportation project?* c' Yes c No
Type(s) of approval sought from the DWR:
IW 401 Water Quality 1— 401 Water Quality
Certification - Regular Certification - Express
I— Individual Permit I— Modification
I— Shoreline Stabilization
Does this project have an existing project ID#?*
C Yes (-- No
Do you know the name of the staff member you would like to request a meeting with?
I do not want a meeting
Please give a brief project description below.
Notice of 30-pre-filing meeting request to submit 401. 1 do not
actually want a meeting. I just want to submit a PCN for a 401
WQC for above project,.
Buffer determination conducted previously. No ID Number
provided.
Please give a couple of dates you are available for a meeting.
Please attach the documentation you would like to have the meeting about.
pdf only
By digitally signing below, I certify that I have read and understood that per the Federal Clean Water
Act Section 401 Certification Rule the following statements:
. This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section
401 Certification Rule.
1 understand by signing this form that I cannot submit my application until 30 calendar days after this pre -
filing meeting request.
1 also understand that DWR is not required to respond or grant the meeting request.
Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding
meeting location and time if a meeting is necessary. You will receive notification when the thirty -day clock has
expired, and you can submit an application.
Signature
IL-5-1 le�1%16V
Submittal Date 9/18/2020