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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 U M Lf) Ln -I N M 00 CL c-1 O Mr O O c-I O c-I O LD O OM N O\l N c\—I O L n o ry) o o CD O r-i 10 O O O O O O U (o lD Ol M (V CL Ln N Ln N E O O O O O N O I�t O O O M O 00 O Il O N Ol CD r� CD Ln 1- O O O O O O M O O O O O O O N O O H o ff? z z z z z as, } cr -- fu E a a a a a ai z z z z z z Ln L O W CO W W CO f6 O cr O O O O N— U u U U u u CL E cts r1 N M Zi- Ln Q m m m m m E a m ajD N NZt 00 O O Q 00 00 M N N N N N N i N V V a 0 Z Z > 4- � O cn O O aj V � � x a� CU Y Q a a� Lro U4) 0 O O N CU a.) —5 i ) Z5 J a i i N 0] 0O +' N N -a O O O Ln M � N N M O O 41 I� n M rn O bn N N O aj U O O - Y N a N N L U Q Y Y } p LA U C M > a -i o v YO O 01 N Z cI I O bj � 00 x Ln O N 00 N Ln i cu N cI t r- I� al Ol Ln lfl O N 00 z O w Ln Z M i � i N i M i l0 Co Ln Ln z N N N N 00 00 00 00 N N N N 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 5 AB 3.a SN S.M IN ZaLa-3k "I VNIIONVO H1MON A1NWO NIINNVN' 'n�N-A3NN'MMN �o v5 _ M3IAJAAo wsez«n`-33111` U09"3<��5 �33 3'fl�3'-" S3l8tJM3N3� 31V`J 3NId m o ni ll"I]Oss" 0. 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VjDI••I��<i(alw _ N a "I vs sliviA4 lOHd W 14 NV�13 M dNb' Wb3b1S VNIIONVO H16ON A1NWO NIINNVNI S319VAAANAHAI OANId aoH a3a�'d3ad av1 OS c13MOd 1S3HOIH m� = X " w �s u waons Sv ozaz/m/OL ,o.....L' =gym = N 'IB13T% sA1W.Iu do Naisluo Iq[ri 1d30 Milli .06 - 3dId ,SV naui „sl g1tl3A1f13 3dId 318f100 OHtl O 379NIS H04 IIYlMN3 '11AHMM . n O 1wo OWON AVMJ u i -Tr� _—i w r uLL w - sow�� ry. o w i M O 0 W b j _ a -n �z �O Z 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