20210051 Ver 1_200818 - East Nash PV2 - SHPO-Clearinghouse Comments (1)_20210223

Roy COOPER
GOVERNOR
STATE OF NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION
August 18, 2020
Kimberley Campbell
North Carolina Department of Commerce
Utilities Commission
4325 Mail Service Center
Raleigh, North Carolina 27699-4325
MACHELLE SANDERS
SECRETARY
Re: SCH File # 21-E-4600-0680 Application of Fresh Air Energy II, LLC for Certificate
to construct a 19.99 MW Solar Facility in Nash Co. Docket #SP-2665, Sub 41, Sub 4;
SP-4891 Sub 0
Dear Ms. Campbell:
The above referenced environmental information has been reviewed through the State
Clearinghouse under the provisions of the North Carolina Environmental Policy Act.
Attached to this letter are comments made in the review of this document. The Department of
Cultural Resources has requested additional information prior to their concurrence with the
above referenced document.
Therefore, pursuant to 1 NCAC 25 .0506(c), this office recommends that a supplemental
document addressing the concerns of DENR be submitted to the Clearinghouse for further
review and comment prior to their concurrence of this proposal.
Sincerely,
Crystal Best
State Environmental Review Clearinghouse
Attachments
Mailing Address: Telephone: [phone] Location:
NC DEPARTMENT OF ADMINISTRATION Fax: [phone] WEST JONES STREET
1301 MAIL SERVICE CENTER COURIER 951-01-00 RALEIGH, NORTH CAROLINA
RALEIGH, NC 27699-1301 Email: state. [e-mail]
Website: www.ncadmin.nc.gov
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ROY COOPER
Governor
MICHAEL S. PEGAN
Secretary
JAMIE PAGAN
Director
MEMORANDUM
NORTH CAROLINA
Environmental Quality
To: Crystal Best
State Clearinghouse Coordinator
Department of Administration
From: Lyn Hardison
Division of Environmental Assistance and Customer Service
Environmental Assistance and Project Review Coordinator
Washington Regional Office
RE: 21-0680
Environmental Review - Application of Fresh Air Energy XIII, LLC,
for a Certificate of Public Convenience and Necessity to
Construction a 19.99 MW Solar Facility, Docket #SP-4891 Sub 0.
Nash County
Date: August 14, 2020
The Department of Environmental Quality has reviewed the proposal for the referenced
project. Based on the information provided, several of our agencies have identified
permits that may be required and offered some valuable guidance. The comments are
attached for the applicant's review.
The Department agencies will continue to be available to assist the applicant through
any environmental review or permitting processes.
Thank you for the opportunity to respond.
Attachments
:: RE''�� Q
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North Carolina Department of Environmental Quality I Division of Environmental Assistance and Customer Service
217 West Jones Street 1 1639 Mail Service Center I Raleigh, North Carolina 27699-1639
87T623.6748

State of North Carolina Department of Environmental Quality
INTERGOVERNMENTAL REVIEW PROJECT COMMENTS
Reviewing Regional Office: Raleigh
Project Number: 21-0680 Due Date: 08/14/2020
County: Nash
After review of this project it has been determined that the DEQ permit(s) and/or approvals indicated may need to be obtained in order for this
project to comply with North Carolina Law. Questions regarding these permits should be addressed to the Regional Office indicated on the
reverse of the form. All applications, information and guidelines relative to these plans and permits are available from the same Regional Office.
Normal Process
PERMITS
SPECIAL APPLICATION PROCEDURES or REQUIREMENTS
Time
(statutory time
limit)
Permit to construct & operate wastewater
Application 90 days before begins construction or award of
❑
treatment facilities, non-standard sewer system
construction contracts. On -site inspection may be required. Post-
30 days
extensions &sewer systems that do not
application technical conference usual.
(90 days)
discharge into state surface waters.
Permit to construct & operate, sewer
extensions involving gravity sewers, pump
Fast -Track Permitting program consists of the submittal of an
30 days
❑
stations and force mains discharging into a
application and an engineer's certification that the project meets all
(N/A)
sewer collection
applicable State rules and Division Minimum Design Criteria.
system
NPDES - permit to discharge into surface water
Application 180 days before begins activity. On -site inspection. Pre-
❑
and/or permit to operate and construct
application conference usual. Additionally, obtain permit to construct
90-120 days
wastewater facilities discharging into state
wastewater treatment facility -granted after NPDES. Reply time, 30 days
(N/A)
surface waters.
after receipt of plans or issue of NPDES permit -whichever is later.
❑
Water Use Permit
Pre -application technical conference usually necessary.
30 days
(N/A)
Complete application must be received and permit issued prior to the
El
Well Construction Permit
installation of a groundwater monitoring well located on property not
7 days
owned by the applicant, and for a large capacity (>100,000 gallons per
(15 days)
)
day) water supply well.
Application copy must be served on each adjacent riparian property
El
Dredge and Fill Permit
owner. On -site inspection. Pre -application conference usual. Filling may
55 days
require Easement to Fill from N.C. Department of Administration and
(90 days)
Federal Dredge and Fill Permit.
Permit to construct &operate Air Pollution
Application must be submitted and permit received prior to
El
Abatement facilities and/or Emission Sources as
construction and operation of the source. If a permit is required
90 days
per 15 A NCAC (2Q.0100 thru 2Q.0300)
in an area without local zoning, then there are additional
requirements and timelines (2Q.0113).
Any open burning associated with subject
60 days
®
proposal must be in compliance with 15 A NCAC
N/A
(90 days)
2D.1900
Demolition or renovations of structures
Please Note - The Health Hazards Control Unit (HHCU) of the N.C.
containing asbestos material must be in
Department of Health and Human Services, must be notified of plans to
®
compliance with 15 A NCAC 20.1110 (a) (1)
demolish a building, including residences for commercial or industrial
60 days
which requires notification and removal prior to
expansion, even if no asbestos is present in the building.
(90 days)
demolition. Contact Asbestos Control Group
919-707-5950
The Sedimentation Pollution Control Act of 1973 must be properly addressed for any land disturbing activity. An erosion &
sedimentation control plan will be required if one or more acres are to be disturbed. Plan must be filed with and approved
20 days
❑
by applicable Regional Office (Land Quality Section) at least 30 days before beginning activity. A NPDES Construction
(30 days)
Stormwater permit (NCG010000) is also usually issued should design features meet minimum requirements. A fee of $65
for the first acre or any part of an acre. An express review option is available with additional fees.
Sedimentation and erosion control must be addressed in accordance with NCDOT's approved program. Particular
(30 days)
®
attention should be given to design and installation of appropriate perimeter sediment trapping devices as well as stable
Stormwater conveyances and outlets.
Sedimentation and erosion control must be addressed in accordance with Local Government's approved program.
Based on Local
❑
Particular attention should be given to design and installation of appropriate perimeter sediment trapping devices as well
as stable Stormwater conveyances and outlets.
Program
❑
Compliance with 15A NCAC 2H .0126 - NPDES Stormwater Program which regulates three types of activities: Industrial,
30-60 days
Municipal Separate Storm Sewer System & Construction activities that disturb >_1 acre.
(90 days)
Compliance with 15A NCAC 2H 1000 -State Stormwater Permitting Programs regulate site development and post-
45 days
❑
construction stormwater runoff control. Areas subject to these permit programs include all 20 coastal counties, and
(90 days)
various other counties and watersheds throughout the state.
DEQ INTERGOVERNMENTAL REVIEW PROJECT Form Page 1 of 3
January 2017/lbh

State of North Carolina Department of Environmental Quality
INTERGOVERNMENTAL REVIEW PROJECT COMMENTS
Reviewing Regional Office: Raleigh
Project Number: 21-0680 Due Date: 08/14/2020
County: Nash
Normal Process
PERMITS
SPECIAL APPLICATION PROCEDURES or REQUIREMENTS
Time
(statutory time
limit)
On -site inspection usual. Surety bond filed with DEQ Bond amount
El
Mining Permit
varies with type mine and number of acres of affected land. Affected
30 days
area greater than one acre must be permitted. The appropriate bond
(60 days)
must be received before the permit can be issued.
If permit required, application 60 days before begin construction.
Applicant must hire N.C. qualified engineer to: prepare plans, inspect
construction, and certify construction is according to DEQ approved
❑
Dam Safety Permit
plans. May also require a permit under mosquito control program. And
30 days
a 404 permit from Corps of Engineers. An inspection of site is necessary
(60 days)
to verify Hazard Classification. A minimum fee of $200.00 must
accompany the application. An additional processing fee based on a
percentage or the total project cost will be required upon completion.
❑
Oil Refining Facilities
N/A
90-120 days
(N/A)
File surety bond of $5,000 with DEQ running to State of NC conditional
10 days
❑
Permit to drill exploratory oil or gas well
that any well opened by drill operator shall, upon abandonment, be
N/A
plugged according to DEQ rules and regulations.
El
Geophysical Exploration Permit
Application filed with DEQ at least 10 days prior to issue of permit.
10 days
Application by letter. No standard application form.
N/A
Application fee based on structure size is charged. Must include
15-20 days
❑
State Lakes Construction Permit
descriptions & drawings of structure & proof of ownership of riparian
N/A
property
Compliance with the T15A 02H .0500 Certifications are required
60 days
®
401 Water Quality Certification
whenever construction or operation of facilities will result in a
(130 days)
discharge into navigable water as described in 33 CFR part 323.
Compliance with Catawba, Goose Creek, Jordan Lake, Randleman, Tar Pamlico or Neuse Riparian Buffer Rules is required.
®
Buffer requirements: http://deg.nc.gov/about/divisions/water-resources/water-resources-permits/wastewater-
bra nch/401-wetla nds-buffer-permits/401-ri pa ria n-buffer-protection-progra m
Nutrient Offset: Loading requirements for nitrogen and phosphorus in the Neuse and Tar -Pamlico River basins, and in the
Jordan and Falls Lake watersheds, as part of the nutrient -management strategies in these areas. DWR nutrient offset
❑
information:
http://deg.nc.gov/about/divisions/water-resources/planning/nonpoint-source-management/nutrient-offset-information
El
CAMA Permit for MAJOR development
CAMA
$250.00 - $475.00 fee must accompany application
days
(150 days)
❑
CAMA Permit for MINOR development
$100.00 fee must accompany application
22 days(25
days)
®
Abandonment of any wells, if required must be in accordance with Title 15A. Subchapter 2C.0100.
❑
Notification of the proper regional office is requested if "orphan" underground storage tanks (USTS) are discovered during
any excavation operation.
Plans and specifications for the construction, expansion, or alteration of a public water system must be approved by the
Division of Water Resources/Public Water Supply Section prior to the award of a contract or the initiation of construction
❑
as per 15A NCAC 18C .0300 et. seq., Plans and specifications should be submitted to 1634 Mail Service Center, Raleigh,
30 days
North Carolina 27699-1634. All public water supply systems must comply with state and federal drinking water monitoring
requirements. For more information, contact the Public Water Supply Section, [phone].
If existing water lines will be relocated during the construction, plans for the water line relocation must be submitted to
❑
the Division of Water Resources/Public Water Supply Section at 1634 Mail Service Center, Raleigh, North Carolina 27699-
30 days
1634. For more information, contact the Public Water Supply Section, [phone].
Plans and specifications for the construction, expansion, or alteration of the water system must be approved
❑
through the delegated plan approval authority. Please contact them at for further information.
DEQ INTERGOVERNMENTAL REVIEW PROJECT Form Page 2 of 3
January 2017/lbh

State of North Carolina Department of Environmental Quality
INTERGOVERNMENTAL REVIEW PROJECT COMMENTS
Reviewing Regional Office: Raleigh
Project Number: 21-0680 Due Date: 08/14/2020
County: Nash
Other Comments (attach additional pages as necessary, being certain to comment authority)
Division
Initials
No
comment
Comments
Date
Review
DAQ
MRF
❑
See checked boxes above.
7/17/2020
DWR-WQROS
(Aquifer & Surface)
JSB
&
❑
See checked boxes above. &
7/20/2020
DWR-PWS
NA
❑
NA
DEMLR (LQ & SW)
CDA
❑
checked box above
7/22/2020
DWM — UST
MRP
®
8/7/2020
Other Comments
❑
REGIONAL OFFICES
Questions regarding these permits should be addressed to the Regional Office marked below
❑ Asheville Regional Office
❑ Fayetteville Regional Office
❑ Mooresville Regional Office
2090 U.S. 70 Highway
225 Green Street, Suite 714,
610 East Center Avenue, Suite 301,
Swannanoa, NC 28778-8211
Fayetteville, NC 28301-5043
Mooresville, NC 28115
Phone:[phone]
Phone:[phone]
Phone:[phone]
Fax:[phone]
Fax:[phone]
Fax:[phone]
® Raleigh Regional Office
❑ Washington Regional Office
❑ Wilmington Regional Office
3800 Barrett Drive,
943 Washington Square Mall,
127 Cardinal Drive Ext.,
Raleigh, NC 27609
Washington, NC 27889
Wilmington, NC 28405
Phone:[phone]
Phone:[phone]
Phone:[phone]
Fax: [phone]
Fax: [phone]
Fax: [phone]
❑ Winston-Salem Regional Office
450 Hanes Mill Road, Suite 300,
Winston-Salem, NC 27105
Phone: [phone]
Fax:[phone]
DEQ INTERGOVERNMENTAL REVIEW PROJECT Form Page 3 of 3
January 2017/lbh

Control No.: 21-E-4600-0680
County.: NASH
JOSEPH HUDYNCIA
CLEARINGHOUSE COORDINATOR
DEPT OF AGRICULTURE
Project Information
Date Received: 7/16/2020
Agency Response: 8/14/2020
Review Closed: 8/17/2020
Type: State Environmental Policy Act ironmental Review
Applicant: North Carolina Department of Commerce
Project Desc.: Application of Fresh Air Energy II, LLC for Certificate to construct a 19.99 MW Solar Facility in
Nash Co. Docket #SP-2665, Sub 41, Sub 4; SP-4891 Sub 0
View document at http://starwl .ncuc.net/NCUC/portal/ncuc/page/Dockets/portal.aspx, Type
SP-2665 Sub 41, Sub 4; SP-4891 Sub 0 in the Docket Number search line. Located at 913 E.
Nash Street, Spring Hope, NC
As a result of this review the following is submitted:
❑No Comment ❑� Comments Below ❑� Documents Attached
Reviewed By: JOSEPH HUDYNCIA Date: 7/23/2020

Dr. Alexander Stewart North Carolina Department of Agriculture
Assistant Commissioner and Consumer Services
Agricultural Services
Crystal Best
State Clearinghouse
N.C. Department of Administration
1301 Mail Service Center
Raleigh, NC 27699-1301
July 23, 2020
RE: S# 21-E-4600-0680
Dear Ms. Best:
Joseph Hudyncia
Environmental Programs
The proposed ground -mounted photovoltaic electric generating facility has the potential to negatively impact
agricultural, environmental and economic balance in the area of the development project. Development of all types
continues to be a threat to one of the state's most valuable natural resources, i.e. productive farmland. As productive
farmland is removed from agricultural production the associated potential for providing necessary agricultural products for a
growing population is reduced, and with it a substantial amount of recurring, local ag-related economic activity generated by
local farming incomes.
We encourage conservation of highly productive soils for their best use — agriculture - and recommend locating
ground -mounted solar arrays of this scale on less productive sites on the associated tract if possible. Prioritization of sites
based on potential agricultural productivity, whereby less productive sites (e.g. marginal lands) are selected for development
and more productive sites are retained for agricultural production, may help mitigate some impact to agricultural resources.
One means to assess the agronomic potential of soils is to first consult the published county soil survey to identify soil types
(soil map units) and distribution, and then use the NC State Cooperative Extension Realistic Yield Expectation for NC Soils
database(https://rearsiicields.ces.ncsu.edul) to compare yield potential of soil map units on the tract. This analysis may
help prioritize areas for retention in agricultural production.
Additionally, the use of best practices in construction and operation and maintenance of the facility are encouraged
to preserve the productive capabilities of the site for future agricultural use, while maintaining or enhancing the integrity of
unique or sensitive habitats. It is also recommended that a decommissioning plan that clearly defines the responsible party,
process details, timeline, and specific responsibilities (including restoration) be incorporated into the development plan.
We have cross-referenced the parcel for existing easements related to agriculture and found no CREP conservation
easements, swine buyout easements, ADFP easements, plant conservation easements, plant conservation priority sites, or
Voluntary Agricultural Districts associated with the subject property.
Respectfully,
Joe ncia
Environmental Programs
N.C. Department of Agriculture & Consumer Services
[phone]
E-mail: [e-mail]
1001 Mail Service Center, Raleigh, North Carolina, 27699-1001 [phone] • Fax [phone]
An Equal Opportunity Employer

Control No.: 21-E-4600-0680 Date Received: 7/16/2020
County.: NASH Agency Response: 8/17/2020
Review Closed: 8/17/2020
DEVONBORGARDT
Clearinghouse Reviewer
DEPT OF NATURAL & CULTURAL
RESOURCE
Project Information
Type: State Environmental Policy Act ironmental Review
Applicant: North Carolina Department of Commerce
Project Desc.: Application of Fresh Air Energy II, LLC for Certificate to construct a 19.99 MW Solar Facility in
Nash Co. Docket #SP-2665, Sub 41, Sub 4; SP-4891 Sub 0
View document at http://starwl .ncuc.net/NCUC/portal/ncuc/page/Dockets/portal.aspx, Type
SP-2665 Sub 41, Sub 4; SP-4891 Sub 0 in the Docket Number search line. Located at 913 E.
Nash Street, Spring Hope, NC
As a result of this review the following is submitted:
❑No Comment ❑Comments Below ❑� Documents Attached
Reviewed By: DEVON BORGARDT Date: 8/14/2020

North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Banos, Administrator
Governor Roy Cooper
Secretary Susi H. Hamilton
August 14, 2020
MEMORANDUM
TO: Crystal Best
North Carolina State Clearinghouse
Department of Administration
FROM: Ramona M. Bartos, Deputy '%
State Historic Preservation Office
Office of Archives and History
Deputy Secretary Kevin Cherry
SUBJECT: Construct 19.99 MW Frest Air Energy Solar Farm, 913 East Nash Street, Spring Hope,
Nash County, CH 13-1157
We are unable to assess impacts to historic properties within the Area of Potential Effect. Provide
photographs and descriptions of all structures 50 years or older within the APE. A statement of intent
should also be included and clarify if the structures will be unchanged, relocated, or demolished.
There are no known archaeological sites within the proposed project area. Based on our knowledge of the
area, it is unlikely that any archaeological resources that may be eligible for inclusion in the National
Register of Historic Places will be affected by the project. We, therefore, recommend that no
archaeological investigation be conducted in connection with this project.
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: [phone]-6599

Control No.: 21-E-4600-0680
County.: NASH
JINTAO WEN
CLEARINGHOUSE COORDINATOR
DPS - DIV OF EMERGENCY MANAGEMENT
Project Information
Date Received: 7/16/2020
Agency Response: 8/17/2020
Review Closed: 8/17/2020
Type: State Environmental Policy Act ironmental Review
Applicant: North Carolina Department of Commerce
Project Desc.: Application of Fresh Air Energy II, LLC for Certificate to construct a 19.99 MW Solar Facility in
Nash Co. Docket #SP-2665, Sub 41, Sub 4; SP-4891 Sub 0
View document at http://starwl .ncuc.net/NCUC/portal/ncuc/page/Dockets/portal.aspx, Type
SP-2665 Sub 41, Sub 4; SP-4891 Sub 0 in the Docket Number search line. Located at 913 E.
Nash Street, Spring Hope, NC
As a result of this review the following is submitted:
❑No Comment ❑Comments Below ❑Documents Attached
Reviewed By: JINTAO WEN Date: 8/14/2020

Control No.: 21-E-4600-0680
County.: NASH
JEANNE STONE
DEPT OF TRANSPORTATION
Project Information
Date Received: 7/16/2020
Agency Response: 8/17/2020
Review Closed: 8/17/2020
Type: State Environmental Policy Act ironmental Review
Applicant: North Carolina Department of Commerce
Project Desc.: Application of Fresh Air Energy II, LLC for Certificate to construct a 19.99 MW Solar Facility in
Nash Co. Docket #SP-2665, Sub 41, Sub 4; SP-4891 Sub 0
View document at http://starwl .ncuc.net/NCUC/portal/ncuc/page/Dockets/portal.aspx, Type
SP-2665 Sub 41, Sub 4; SP-4891 Sub 0 in the Docket Number search line. Located at 913 E.
Nash Street, Spring Hope, NC
As a result of this review the following is submitted:
❑No Comment ❑Comments Below ❑Documents Attached
Reviewed By: J EAN N E STON E Date: 8/11 /2020