20201681 Ver 1_WRC Comments_20210115

Staff Review
Does this application have all the attachments needed to accept it into the review process?*
r Yes r No
ID#* Version*
20201681
Is this project a public transportation project?* r Yes
r No
Reviewer List:* Robert Tankard:eads\rbtankard
Select Reviewing Office:* Washington Regional Office - [phone]
Does this project require a request for payment to be sent?*
r
Yes
r
No

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
Is this supplemental information that needs to be sent to the Corps?*
r Yes r No
Please choose the commenting agency.*
r DCM Comments r DCM Permit
r DFM Comments r USFWS Comments
r WRC Comments r Other
Project Contact Information
Name: Maria Dunn
Who is subrritting the inforrration?
Email Address: [e-mail]
Project Information
Existing ID #: Existing Version:
20201681 1
20170001(no dashes) 1
Project Name: Oak Trail Solar Project
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)
Currituck
Please upload all files that need to be submited.
Click the upload button or drag and drop files here to attach docurrent
21-0802_Oak Trail 100 MW NCWRC^.pdf 1.44MB
Only pdf or lqm files are accepted.
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or comments:

Sign and Submit
W 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');
■ 1 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:
Submittal Date: Is filled in autorratically.

Department of Environmental Quality
Project Review Form
Project Number: 21-0802 County: Currituck Date Received: 12-16-2020
Due Date: 1-11-2021
Project Description: Environmental Assessment/Finding of No Significant Impact -Application of Oak Trail
Solar, LLC for Certificate to construct a 100 MW Solar Facility. Docket # EMP-114 Sub 0.
View document at http://starwl .ncuu.net/NCUC/portal/neue/page/Dockects/poital_aspx, Type EMP-114 Sub 0 in the Docket Number search line_
Located south of S_ Mills Road (NC 1227), on the cast and west sides of Puddin Ridge Road, and on the north and south sides of Cooper Garrett Road,
near the unincorporated community of Moyock, North Carolina_ GPS Coordinates _ 36.506N, 76.187W
This Project is being reviewed as indicated below:
Regional Office
Regional Office Area
In -House Review
Asheville
✓
Air
Air Quality
Coastal Management
Fayetteville
V
DWR
Parks & Recreation
Marine Fisheries
Mooresville
__VL
DWR - Public Water
V Waste Mgmt
Environmental Affairs
Raleigh
V
DEMLR (LQ & SW)
Water Resources M mt
S
DMF-Shellfish Sanitation
Washington
V
DWIA-UST
(Public Water, Planning & Water
Quality Program) V Wildlife Gabriela Garrison
Wilmington
V DWR-Transportation Unit
Wildlife - DOT
Winston-Salem
Joanne Steenhuis
Manager Sign-Off/Region:
Dare:
In -House Reviewer/Agency:
1- 13 - 9-07 4
IVjG,..' / N '�4-i �_C_
Response (check ail applicable)
No objection to project as proposed. No Comment
Insufficient information to complete review - Other (specify or attach comments)
If you have any questions, please contact:
Lyn Hardison at lyn.hardisonaAcdenngoy or [phone]
943 Washington Square Mall Washington NC 27889
Courier No.16-04-01

North Carolina Wildlife Resources Commission <"7-I
Cameron. Ingrasri, Executive Director
MEMORANDUM
TO: Lyn Hardison, Environmental Assistance Coordinator
NCDEQ Division of Environmental Assistance and Outreach (DEAD)
jv� 'Zf�
FROM: Maria T. Dunn, Coastal Habitat Coordinator
Habitat Conservation Division
DATE: January 13, 2021
SUBJECT: Oak Trail Solar, LLC, 100 MW Solar Facility, Docket #EMP-114 Sub 0, Currituck
County, North Carolina.
OLIA No. 21-0802
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have reviewed the subject
document and are familiar with the habitat values of the area. Our comments are provided in accordance
with provisions of North Carolina General Statutes (G.S. 113-131 et seq_) Sections 401 and 404 of the
Clean Water Act, as amended, and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16
U.S.C. 661 et seq.).
The applicant proposes to construct a 100 MW solar facility south of South Mills Road, on the cast and
west sides of Puddin Ridge Road, and on the north and south sides of Cooper Garrett Road, near the
unincorporated community of Moyock, North Carolina. The applicant conducted a &coping meeting with
state and federal agencies during which many suggestions and concerns were voiced. Numerous
recommendations have been taken into consideration by the applicant. The NCWRC appreciates this
cooperation. The following reflects our general concerns, most of which have already been addressed by
the applicant but are part of our review process.
A map of the proposed project site indicates the area is primarily maintained in agriculture. The
conversion of forests and wetlands to support solar development is causing increasing concern due to the
loss of wildlife habitat, the fragmentation of wildlife habitat; and vegetative management needed post
conversion for wetland and other forested areas. Agricultural lands in eastern North Carolina often
provide foraging opportunities for migratory waterfowl, especially in areas near natural waterbodies. The
photovoltaic panels may reflect sunlight and resemble a water surface, potentially drawing waterfowl in
to land. We request that if this facility is constructed, any fatalities or injured birds be reported to
NCWRC. It should also be noted that as agricultural lands are transformed into solar facilities, winter
foraging habitats for migratory waterfowl are lost. The cumulative loss of land may be of significant
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] - Fax: [phone]

Page 2
concern in time.
Areas in northeast North Carolina generally exhibit slight differences in topography. These slight
elevation changes as well as prevalent soil types can produce substantial drainage shifts when flow
patterns are altered. Careful consideration should be given to any filling of drainage features_
In addition to the concerns above, the following statements should be observed:
Maintain or establish a minimum 100-foot undisturbed, native forested buffer along each
side of perennial streams and 50-foot undisturbed, native forested buffer along each side
of intermittent streams and wetlands. Forested riparian buffcrs provide habitat areas for
aquatic and terrestrial wildlife species and travel corridors for terrestrial wildlife. In
addition, forested riparian buffers protect water quality by stabilizing stream banks and
filtering storinwater runoff.
2_ Use bridges for all permanent roadway crossings of streams and associated wetlands to
eliminate the need to fill and culvert, where practicable. If culverts must be used, the
culvert should be designed to allow aquatic life passage. Fords may be appropriate and
preferred for intermittent stream crossings or where crossings will be used only once or
twice a year_ For fords, crossings in riffles are preferred with the banks lowered upstream
and downstream of the crossing. Stabilize the stream bottom with geo-textile fabric and
rock; concrete should not be used for bed stabilization.
Avoid or minimize impacts to wetlands during construction. In addition to providing
wildlife habitat, wetland areas perform important functions of flood control and water
quality protection. US Army Corps of Engineers Section 404 permits and N.C. Division
of Water Resources Section 401 Certifications are required for any impacts to
jurisdictional streams or wetlands_ Temporarily disturbed wetland areas should be
returned to original soils and contours, and reseeded with annual small grains appropriate
for the season (e.g. oats, millet, rye, wheat, or rye grass) and should be allowed to revert to
natural wetland vegetation.
4. If additional overhead transmission lines will be installed, then measures to minimize
impacts to birds should be implemented_ These can include increasing line visibility,
insulating wires to cover exposed connections, and increasing the distance between wires
so no contact with ground or other energized wire can be made. For more information see
http://www. fws. gov,'birds/dacumeiits/powertincs.pdf.
5. Consider establishing vegetative cover on the site that is beneficial to wildlife. Plantings
should include native warm season grasses and/or wildflower seed mixes to create
pollinator habitat within the project boundary. Shade -tolerant plants that are grow between
12 to 18 inches can be selected for planting both underneath and around solar panels.
Pollinator habitat can also be created in buffer areas outside of the panel region. In
addition, consider adding other habitat -enhancing features, such as permeable fencing, bat
boxes and brush piles that will minimize impacts from habitat loss. Further information
and free technical guidance from the NCWRC is available upon request.
6. If site and/or transmission line maintenance is needed, avoid mowing between April 1 and
October I to minimize impacts to nesting wildlife. We suggest a maintenance schedule
that incorporates a portion of the area (e.g., one-third of the area) each year. Pesticides,

Page 3
fertilizers, herbicides, and other chemicals should not be used in wetland areas or near
streams.
7. If pesticides or chemicals will be used for site maintenance, then stormwater runoff from
the site should be directed to bio-retention areas prior to discharge to streams or wetlands
to provide additional protection for water quality and aquatic and terrestrial wildlife
habitats.
Sediment and erosion control measures should be installed prior to any land clearing or
construction. The use of biodegradable and wildlife -friendly sediment and erosion control
devices is strongly recommended. Silt fencing, fiber rolls and/or other products should
have loose -weave netting that is made of natural fiber materials with movable joints
between the vertical and horizontal twines. Silt fencing or similar materials that have been
reinforced with plastic or metal mesh should be avoided as they impede the movement of
terrestrial wildlife species. All sediment and erosion control measures should be routinely
inspected and properly maintained. The southern end of the project area drains into Roland
Creek_ a designated anadromous fish spawning area (AFSA). Excessive silt and sediment
loads can have numerous detrimental effects on aquatic resources including destruction of
spawning habitat, suffocation of eggs, and clogging of gills of aquatic species. Particular
focus should be given to sedimentation and erosion control measures in this area.
9. A plan should be developed that identifies the party responsible for decommissioning the
facility as well as the conditions under which decommissioning will occur. in addition, the
plan should emphasize that all equipment must be removed from the sites, and the land
should be restored to pre -construction conditions.
10. Measures to mitigate secondary and cumulative impacts can be found in NCWRC's
Guidance Memorandum to Address and Mitigate ,secondary and Cumulative .Impacts to
Aquatic and Terrestrial Wildlife Resources and Water Quality (August 2002;
ht:,'/www_ncwildlife.ora/I'ortals/0/Conservin =/documents/2002 GuidanceMemorandumf
orSecondqyandCumulativeltnpacts_pdf).
Thank you for the opportunity to comment on this project. If our agency can be of further assistance,
please contact meat [phone] or at rnat "adunn(a�newildlife.or .