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HomeMy WebLinkAbout20201834 Ver 1_ePCN Application_20210902DWR Division of Water Resources Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) June 1, 2021 Ver4.1 Initial Review Has this project met the requirements for acceptance in to the review process?* r Yes r No Is this project a public transportation project?* r Yes r No Change only if needed. BIMS # Assigned 20201834 Is a payment required for this project?* r No payment required r Fee received r Fee needed - send electronic notification Reviewing Office* Winston-Salem Regional Office - (336) 776- 9800 Information for Initial Review 1a. Name of project: Partin Solar 1a. Who is the Primary Contact?* Sydni Law 1b. Primary Contact Email:* sydni.law@timmons.com Date Submitted 9/2/2021 Nearest Body of Water Willowbrook Lake (12-59) Basin Yadkin -Pee Dee Water Classification C Site Coordinates Version#* 1 What amout is owed?* r $240.00 IT $570.00 Select Project Reviewer* Sue Homewood:eads\slhomewood 1c. Primary Contact Phone:* (919)532-3261 Latitude: Longitude: 36.269154 -80.814111 A. Processing Information u County (or Counties) where the project is located: Surry Is this a NCDMS Project r Yes IT No Is this project a public transportation project?* r Yes r No Pre -Filing Meeting Information Is this a courtesy copy notification?* r Yes r No ID# Version Pre -fling Meeting or Request Date 6/21/2021 Attach documentation of Pre -Filing Meeting Request here: Cick the upload button or drag and drop files here to attach document 2021.06.21—Partin Solar—DWR Pre -Filing Meeting Request Form.pdf File type must be FCF 1a. Type(s) of approval sought from the Corps: W Section 404 Permit (wetlands, streams and waters, Clean Water Act) r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* r Yes r No 1b. What type(s) of permit(s) do you wish to seek authorization? W Nationwide Permit (NWP) r Regional General Permit (RGP) r Standard (IP) 1c. Has the NWP or GP number been verified by the Corps? r Yes r No 49.92KB Nationwide Permit (NWP) Number: 57 - Electric Utility Line and Telecommunications Activities — (frequently used) NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: W 401 Water Quality Certification - Regular r 401 Water Quality Certification - Express r Non-404 Jurisdictional General Permit r Riparian Buffer Authorization r Individual 401 Water Quality Certification le. Is this notification solelyfor the record because written approval is not required? For the record onlyfor DWR401 Certification: r Yes r No For the record onlyfor Corps Permit: r Yes r No 1f. Is this an after -the -fact permit application?* r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No 1h. Is the project located in any of NC's twenty coastal counties? r Yes r No 1j. Is the project located in a designated trout watershed? C Yes C No B. Applicant Information 1d. Who is applying for the permit? r Owner W Applicant (other than owner) le. Is there an Agent/Consultant for this project?* r Yes r No 2. Owner Information 2a. Name(s) on recorded deed: Carolyn Moxdey Carpenter & Ann Marie MoAey 2b. Deed book and page no.: 01767/0422 2c. Contact Person: 2d.Address Street Address 2548 Mordey Road Address Line 2 City Boonville Fbstal / Zip Code 27011-8926 2e. Telephone Number: (919)532-3261 2g. Email Address:* sydni.law@timmons.com 2a. Name(s) on recorded deed: Jeffrey Carl Eidson & James W. Partin 2b. Deed book and page no.: 01654/0624 2c.Contact Person: 2d.Address Street Address PO Box 625 Address Line 2 city Elkin Postal / Zip (Dde 28621-0625 2e. Telephone Number: (919)532-3261 2g. Email Address:* sydni.law@timmons.com 2a. Name(s) on recorded deed: Fred Eidson 2b. Deed book and page no.: 01669/0614 2c. Contact Person: 2d.Address Street Address PO Box 625 Address Une 2 CRY Elkin Postal / Zip Code 28621-0625 2e. Telephone Number: (919)532-3261 2g. Email Address:* sydni.law@timmons.com 2a. Name(s) on recorded deed: Amy E Tayloe at al. 2b. Deed book and page no.: 01654/0614 2c.Contact Person: 2d.Address State / Frovince / Rion NC Country USA 2f. Fax Number: State / Province / Ifgion NC Country USA 2f. Fax Number: State / Province / Region NC Country USA 2f. Fax Number: Street Address 105 Valleybrook Drive Address Line 2 P.O. Box aty Elkin Postal / Zip Code 28621-0625 2e. Telephone Number: (919)532-3261 2g. Email Address:* sydni.law@timmons.com 2a. Name(s) on recorded deed: Amy Eidson Tayloe 2b. Deed book and page no.: 01682/0389 2c. Contact Person: 2d.Address Street Address 105 Valleybrook Drive Address Line 2 P.O. Box 625 City Elkin Postal / Zip Code 28621-3136 2e. Telephone Number: (919)532-3261 2g. Email Address:* sydni.law@timmons.com 3. Applicant Information (if different from owner) 3a. Name: Steve Taylor 3b. Business Name: DEPCOM Power, Inc. 3c.Address Street Address 9185 E. Prima Center Parkway Address Line 2 Suite 100 CKY Scottsdale Postal / Zip Code 85258 3d. Telephone Number: (336)307-9168 3f. Email Address:* staylor@depcompo,Aer.com 4. Agent/Consultant (if applicable) 4a. Name: Sydni Law 4b. Business Name: Timmons Group 4c.Address Slate / Province / Pagion NC Country USA 2f. Fax Number: State / Province / Region NC Country USA 2f. Fax Number: State / Province / fRLgion AZ Country USA 3e. Fax Number: Street Address 5410 Trinity Road Address tine 2 Suite 102 City Raleigh Rstal / Zip Code 27607 4d. Telephone Number: (919)532-3261 4f. Email Address:* sydni.law@timmons.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality/ town: Elkin, Surry County, NC 2. Project Identification 2a. Property Identification Number: 496204629838;496200329256; 496200226585;496200209725; 496200812148,496203402058; 496200511492 2c. Project Address Street Address Parks Road & Elkin Wildlife Road Address tine 2 City Elkin Fbstal / Zip Code 28621-0625 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Willowbrook Lake (12-59) 3b. Water Resources Classification of nearest receiving water:* C 3c. What river basin(s) is your project located in?* Yadkin-PeeDee 3d. Please provide the 12-digit HUC in which the project is located. 030401010607,030401010606 4. Project Description and History Slate/Fr vine/Region NC Country USA 4e. Fax Number: 2b. Property size: 433.3 Slate / Rwince / Region NC Country USA 4a. 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 proposed project is situated on 7 parcels totaling approximately 433.3 acres located off of in Elkin, Surry County, North Carolina. The site is primarily comprised of mixed hardwood - pine forest, some areas of which have been cleared. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* r Yes r No r Unknown 4f. List the total estimated acreage of all existing wetlands on the property: 3.528 4g. List the total estimated linear feet of all existing streams on the property: 21.911 4h. Explain the purpose of the proposed project:* The primary purpose of the project is to develop a 51.03 MW AC and 69.91 MW DC renewable energy generation facility that is needed to achieve greater energy generation diversity and to achieve targeted goals for renewable energy generation within Surry County. The Applicant has identified this site as an ideal location for a solar facility due to its location along an existing electrical transmission line. The project has been evaluated and meets the necessary requirements to economically produce electrical pourer through the use of photovoltaic panel arrays. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The proposed solar development will be achieved through construction of several access points off of Elkin Wildlife Road (SR 1142) and Parks Road (SR 1140). These access points tie to gravel access roads that traverse the project area. The photovoltaic panels are proposed to be constructed in a grid pattern. The system will utilize the arrays to achieve the generation of 51.03 IvW AC and 69.91 NW DC of electrical power. The panels will be mounted on a single-aps tracking system that is able to alter direction for optimal sun a)posure. The generated power will be supplied to the Duke Energy Utility Grid. A security fence with warning signage will be constructed around the facility with access by way of gates at strategic points along the access roads. This will protect the site and public from unregulated access to the site. All work will be conducted in accordance with local, state, and federal regulations. Traditional equipment will be used consisting of front-end loaders, bulldozers, paving equipment, graders, and earth movers. SCMs are required and will be used. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes r No O Unknown Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made?* r Preliminary r Approved r Not Verified r Unknown r N/A Corps AID Number: SAW-2019-01186, SAW-2018-02237 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Pilot Environmental, Inc. Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR A delineation of the western 209-acres of the site (SAW-2018-02237) was completed in 2018 by Pilot Environmental, Inc. Features identified within this portion of the site were confirmed by William Elliot and a PJD was issued dated April 22, 2019. A delineation of the eastern 255-acres of the site (SAW-2019-01186) was completed in 2019 by Pilot Environmental, Inc. Features identified within this portion of the site were confirmed by Amanda Jones-Fuemmeler and Brandee Boggs of the USACE on August 21, 2019 and a PJD was issued dated November 6, 2019. 6. Future Project Plans 6a. Is this a phased project?* r Yes r No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? No other NWPs, regional general permits, or individual permits are intended to be used. All project impacts are being accounted for in this permit application. D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): IW Wetlands 9 Streams -tributaries ❑ Buffers Open Waters r Pond Construction 2. Wetland Impacts 2a. Site #* (?) 2a1 Reason (?) 2b. Impact type * (?) �2�e of W. 2d. W. name * 2e. Forested * 2f. Type of 2g. Impact Jurisdicition * M area* _11 3 Road crossing P Headwater Forest DW1 10-17 Yes Corps 0.028 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.028 2i. Comments: 2g. Total Permanent Wetland Impact 0.028 Impact 3 consists of 0.028-ac. (1,225-sq.ft.) of permanent wetland impact associated with the installation of one 42" reinforced concrete pipe (RCP) culvert, installation of fill material and a riprap dissipater pad, and grading in order to install a road crossing necessary to connect the eastern and western portions of the project area to the east of Elkin Wildlife Road. Fill material and grading are necessary to maintain the safety and stability of the proposed crossing while culvert and riprap dissipater pad installation are necessary to maintain aquatic life passage through the stream associated with the wetland area. 3. Stream Impacts 3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact* 3d. S. name* 3e. Stream Type* of 3gSwidth * 3h. Impacturisdiction* ❑ [3f.Type length* S1 Road crossing 1 9 Permanent Culvert MS3 Perennial Corps P 5 118 Average (feet) (lir�rfeet) gy Road crossing 1 Permanent Rip Rap Fill MS3 Perennial Corps 5 21 Average (feet) (lir�rfeet) S3 Road crossing 2 Permanent Culvert DS1(b) Perennial Corps 2 143 Average (feet) (lin�rfeet) Road crossing 2 Permanent Rip Rap Fill DS1(b) Perennial Corps 2Average(fee) 2(liearfeet) 31. Total jurisdictional ditch impact in square feet: 3i. Total permanent stream impacts: 303 3i. Total stream and ditch impacts: 303 3i. Total temporary stream impacts: 3j. Comments: The proposed road crossing (Impact 1) is necessary for adequate access between northern and southern portions of the project area to the east of Elkin Road. The proposed crossing will involve installation of one 72" RCP culvert with headwalls at the invert and outvert and a riprap dissipater pad at the outfall. Of the proposed stream impacts, 118-I1 are associated with permanent impacts from culvert installation and raised riprap dissipater pad installation while 21-I.f. are associated with permanent — no loss impacts from keyed in riprap dissipater pad installation. It was determined that the entire riprap dissipater pad could not be keyed in to encourage positive flowthrough the culvert and stream area proposed to be impacted and to prevent negative impacts to features and aquatic life movements above and below the culverted crossing. The proposed road crossing (Impact 2) is necessary for adequate access between the eastern and western portions of the project area to the east of Elkin Wildlife Road. The proposed crossing will involve installation of one 42" RCP culvert with headwalls at the invert and outvert and a riprap dissipater pad at the outfall. Of the proposed stream impacts, 143-I.f. are associated with culvert installation while 21-I.f. are associated with permanent — no loss impacts from keyed in riprap dissipater pad installation. The proposed culverts will be countersunk beneath the road and riprap dissipater pads will be keyed into the streamed where possible to maintain the up- and downstream hydrologic connectivity of the streams proposed to be impacted. Culverts were sized based on calculations of flow requirements for the project area. Delineation was used to avoid and minimize impacts to the greatest extent practicable. E. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Impacts to jurisdictional features have been avoided and minimized to the maximum extent practicable by incorporating resourceful site planning, including utilization of the wetland and stream delineation to adjust the layout of the site design to avoid and minimize impacts. The remaining impacts proposed are necessary in order for the project's goals to be realized. Road crossings were designed to minimize the amount of grading required and strategically placed at locations with narrow wetlands and minimal stream bends. Further, road crossings were designed to cross streams and wetlands at as much of a 90-degree angle as possible. Culverts were sized based on calculations of flow requirements for the streams proposed to be impacted and will be buried into the streambed to adequately allow aquatic life passage through the crossing and maintain up- and downstream hydrologic connectivity of the streams. Further, riprap dissipater pads will be installed at culvert outlets and keyed where allowable in to the streambed to minimize permanent impacts to streams. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Proper sedimentation and erosion control methods will be utilized during all phases of construction and installation as described in accordance with the requirements of the North Carolina Department of Environment and Natural Resources: Erosion Control Planning and Design Manual (May 2013) and local codes. All work will take place during dry conditions and can be facilitated from high, non -jurisdictional, stable ground. The contractor shall install silt fence, inlet protection, sediment traps, diversion ditches, temporary coffer dams, tree protection, and clearing only as necessary to install devices. All erosion and sediment control measures will be checked for stability and operation following every runoff -producing rainfall, but in no case less than once every week. Any needed repairs will be made immediately to maintain all measures designed. An erosion control inspections report is required and will be kept by the owner's representative. Temporary seeding and permanent seeding plans are included to restore impacted areas. The project will meet all relative requirements of Best Management Practices and Engineered Storm oter Control Structures as outlined through State and Local Stormwater Rules. Measures will be taken to prevent oil, tar, trash, debris, and other pollutants from entering adjacent jurisdictional features. Therefore, stockpiling of excavated material within jurisdictional Waters of the U.S. will be strictly prohibited as part of the construction of this project. Al project construction activities initiated within jurisdictional Waters of the U.S. will be carried to completion in an expeditious manner to minimize the period of disturbance within jurisdictional waters. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? r Yes r No 2c. If yes, mitigation is required by (check all that apply): r DWR W Corps 2d. If yes, which mitigation option(s) will be used for this project? W Mitigation bank r Payment to in -lieu fee r Permittee Responsible program Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: Yadkin Valley Umbrella Mitigation Bank 3b. Credits Purchased/Requested (attach receipt and letter) Type: Quantity: Stream 522 3c. Comments Permanent stream impacts are proposed to be mitigated at a 2:1 ratio. A total of 522 cool stream credits are needed to satisfy the mitigation needs of the proposed project. KCI Technologies, Inc. has 169.7 cool stream mitigation credits available in HUC 03040101 of the Yadkin Valley River basin; a Statement of Agreement (SOA) is included in the attached deliverable. All remaining private mitigation bankers with available credits in the proposed project's HUC are only able to provide cold or warm stream mitigation credits. Therefore, the remaining 352.3 stream mitigation credits are proposed to be purchased from Wildlands Engineering's Yadkin Valley Umbrella Mitigation Bank with enough cold stream mitigation credits available to cover the project's needs. A SOA is included in the attached deliverable. Please note the SOA was requested before minor culvert design changes were made that reduced total permanent stream impacts by 1-I.f., and stream mitigation credits needed by 2 credits, and the SOA from Wildlands Engineering therefore reports a slightly higher amount of stream credits needed. An updated SOA has been requested. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? r Yes r No If no, explain why: The proposed project is located within the Yadkin -Pee Dee River Basin, which does not have NC Riparian Buffer Protection Rules. Further, the proposed project is not located within an area subject to local municipality riparian buffer rules. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* r Yes r No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? r Yes r No Comments: G. Supplementary Information 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* r' Yes r No 2. Violations (DWR Requirement) U 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)? * r' Yes r No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* r Yes r No 3b. If you answered "no," provide a short narrative description. This is a single and complete project. As such, all impacts associated with the project have been taken into account in this permit application. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r Nor WA 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* r Yes r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* r Yes r No 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. Is another Federal agency involved?* r Yes r No 5e. Is this a DOT project located within Division's 1-8? r Yes r No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? r Yes r No 5g. Does this project involve bridge maintenance or removal? r Yes r No 5h. Does this project involve the construction/installation of a wind turbine(s)?* r Yes r No r Unknown 51. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? r Yes r No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? A USFWS IPaC Report and NC Natural Heritage Program (NHP) Database Report were utilized for review of potential protected species in teh vicinity of the project site. Species identified by IPaC as potentially occurring in the vicinity of the site include the gray bat, northern long-eared bat, bog turtle, and Schweinit,s sunflower. Additionally, the NCNHP report did not identify occurrences of federally listed species within the project limits or a 1-mile radius. Further, occurrences of the aforementioned protected species were not observed during the site inspections. Schweinitts sunflower requires poor, thin soils underlain by bedrock or saprolite material, as well as sparse canopy cover in plant communities with few trees to provide ample sunlight and reduce competition. The species can oftentimes be found within permanently maintained openings such as unforested roadsides and utility line corridors. While there is an electrical transmission line within the site that provides suitable habitat for Schweinitts sunflower, the species was not observed during site inspections. The remainder of the site, being mature forested area, or forested areas that have been recently clearcut, does not present suitable habitat for this sunflower species. Further, there are no known populations within Surry County. Therefore, it is the opinion of Timmons Group that the proposed project may affect, but is not likely to adversely affect the Schweinitts sunflower. Further, Pilot Environmental, Inc. consulted the USFWS Asheville Regional Office in 2019, where the Service concurred with their finding that the proposed project was not likely to adversely affect the Schweinitz's sunflower. The bog turtle prefers open -canopy sedge meadows and fens bordered by wooded areas that offer a mosaic of microhabitats within wetland areas (i.e. various hydrological and soil conditions). Bog turtles require areas with ample sunlight, high evaporation rates, and high humidity. Within the site, all wetland areas are forested and do not provide suitable habitat for the bog turtle. Further, the species was not observed during site inspections and occurrences of the species were not reported by NCNHP. Therefore, it is the opinion of Timmons Group that the proposed project may affect but is not likely to adversely affect the bog turtle. Further, Pilot Environmental, Inc. consulted the USFWS Asheville Regional Office in 2019, where the Service concurred with their finding that the proposed project was not likely to adversely affect the bog turtle. Gray bats live in caves in limestone karst areas of the southeastern US year-round with rare exceptions; they do not utilize houses or barns for habitat. In the winter, they hibernate in deep, vertical caves while in the summer, they roost in caves scattered along rivers. During site inspections, suitable habitat for the gray bat was not observed. Further, there are no known occurrences of the gray bat as reported by NCNHP, and occurrences in western INC are uncommon. Therefore, it is the opinion of Timmons Group that the proposed project will have no effect on the gray bat. The northern long-eared bat is known to occur in western NC, Wintering in caves and mines with stable conditions, and summering singly or in colonies in cavities of living trees and snags with high bark retention potential. Suitable summer habitat for the northern long-eared bat was observed within the site in mature forested areas. Timmons Group is not aware of known maternity roost trees or hibernacula Within the vicinity of the site and the species was not observed during site inspections. Further, no known occurrences are reported through NCNHP and Surry County is not identified as a county in which the species is likely to occur. Therefore, it is the opinion of Timmons Group that any development of the site may affect, but is not likely to adversely affect the northern long-eared bat. Further, per the findings of the Final 4(d) Rule on the northern long-eared bat, disturbance activities associated with the project would qualify as exempt, unintentional take. Pilot Environmental, Inc. consulted the USFWS Asheville Regional Office in 2019, where the Service concurred with their finding that the proposed project was not likely to adversely affect the northern long-eared bat. However, the Service recommended that the cutting moratorium of June 1-July 31 be implemented to reduce the probability of incidental take of the species. A copy of the NEPA document prepared by Pilot Environmental, Inc., containing information regarding USFWS consultation, is included as a separate attachment. The pdf is protected and was not able to be combined with the rest of the supplementary material. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* O Yes r No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* NOAA Essential Fish Habitat Mapper 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?* r Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* A search of the North Carolina Natural Heritage Preservation Office's online database (HPOWEB) revealed 9 historical resources as occurring within a 1-mile radius of the proposed project limits. No historical places were listed within the site's boundaries. Of the listings, 8 are SO (Survey Only) and one is SD (Survey - Destroyed). While historic sites listed as SO have not yet been deemed eligible for listing and can be deemed eligible in the future following further review from the State Historic Preservation Office (SHPO), the nearest undetermined SO site (SR0917) is located approximately 0.09-miles to the east of the site. Construction activities related to the proposed project will be limited to the site boundaries. Further, due to the existing forested areas between the site and historic resources, it is the opinion of Timmons Group that the proposed project will not impact historic resources. Furthermore, Pilot Environmental, Inc. consulted the North Carolina Department of Natural and Cultural Resources (DNCR) in 2018. During consultation, the DNCR concurred with the finding that no historic resources would be affected by the proposed project. A copy of the NEPA document prepared by Pilot Environmental, Inc., containing information regarding SHPO consultation, is included as a separate attachment. The pdf is protected and was not able to be combined with the rest of the supplementary material. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* r Yes f• No 8c. What source(s) did you use to make the floodplain determination?* According to FEMA FIRM Panels 3710496100K and 3710496200K (effective 08/18/2009), the site and associated jurisdictional impacts are located within Zone X- Area of Minimal Flood Hazard and are outside of the 100-year floodplain. Miscellaneous Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred. nick the upload button or drag and drop files here to attach docurrent Partin Solar - ePCN Deliverables Package.pdf 05. NEPA Report - Partin Solar.pdf.pdf File mast be i or li Comments Signature R By checking the box and signing below, I certify that: 14.85MB 2.99MB • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief; and • 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 have given true, accurate, and complete information on this form; • I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the INC General Statutes (the "Uniform Electronic Transactions Act"); I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the PCN form. Full Name: Sydni Law Signature Date 9/2/2021 Contact Name* Sydni Law Contact Email Address* sydni.law@timmons.com Project Owner* DEPCOM Power, Inc. Project Name* Partin Solar Project County* Surry Owner Address:* Street Address 9185 E. Prima Center Parkway Address Line 2 Suite 100 aty Scottsdale Postal / Zip axle 85258 Is this a transportation project?* r Yes r No Type(s) of approval sought from the DWR: W 401 Water Quality Certification - F 401 Water Quality Certification - Regular Express F Individual Permit F Modification F Shoreline Stabilization Does this project have an existing project ID#?* (- Yes c: No State / Province / Pegion Arizona Country USA Do you know the name of the staff member you would like to request a meeting with? Please give a brief project description below and include location information.* The proposed Partin Solar project is located in Elkin, Surry County, North Carolina to the east of Elkin Wildlife Road and to the west of Friendship Church Road. The project area is largely occupied by mixed hardwood forest and agricultural fields located throughout the property. The project is proposing the development of a solar farm with associated road and utility improvements within the site. Impact maps and site plans are in progress and expected to be finalized within the next 30 days, but proposed impacts to jurisdictional features within the site are anticipated. Impacts to wetlands and streams delineated onsite should be minimal and limited to those necessary to install necessary utility connections, road crossings, and grading (where necessary) to ensure safety and accessibility of the site. Further, wetland and stream delineation is being used to avoid and minimize impacts to jurisdictional features to the maximum extent possible. 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. 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 * Submittal Date 6/21/2021 E 4 6 ■. a 't 5410 Trinity Road P 919.866.4951 Suite 102 F919.859.5663 TIMMONS GROUP Raleigh, NC 27607 vwwvtimmons.com September 1, 2021 Brandee Boggs U.S. Army Corps of Engineers — Wilmington District Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 Sue Homewood 401 & Buffer Permitting Branch NCDEQ — Division of Water Resources 450 West Hanes Mill Road, Suite 300 Winston-Salem, NC 27105 Re: Electronic Pre -Construction Notification Partin Solar Elkin, Surry County, North Carolina Project No.: 45488.005 Dear Ms. Boggs and Ms. Homewood, On behalf of DEPCOM Power, LLC, we are providing additional attachments and information to aid in the review of the electronic Pre -Construction Notification of the Partin Solar project, an approximately 433.3-acre site located east of Highway 77 in Elkin, North Carolina, within Surry County (the Site). Please review the below attachments and contact Sydni Law at (919) 532-3261 or sydni.law(aD-timmons.com if additional information is required. Sincerely, Timmons Group Sydni Law, WPIT Environmental Scientist i Matt Michel, PWS, PhD Senior Environmental Scientist ENGINEERING I DESIGN I TECHNOLOGY ATTACHMENTS Appendix A Agent Authorization Letter Appendix B Figure 1 —Vicinity Map Figure 2 — NRCS Soil Survey Map Appendix C Pilot Environmental — SAW-2018-02237 PJD Package Pilot Environmental — SAW-2019-01186 PJD Package Appendix D Waters of the U.S. Impacts Map EX1.00 Crossing Exhibit — Culvert #1 EX2.00 Crossing Exhibit — Culvert #2 Appendix E KCI Technologies, Inc — Statement of Availability Wildlands Engineering — Statement of Availability Appendix F USFWS IPaC Report NC Natural Heritage Program Report Appendix G NC SHPO Historic Resources Map NC SHPO Historic Resources List Appendix H Pilot Environmental — NEPA Report (see separate attached document) Appendix A TIMMONS GROUP YOUR VISION ACHIEVED THROUGH OURS. AGENT AUTHORIZATION and PROPERTY OWNER CERTIFICATION FORM All Blanks to be Filled in by Current Landowner The Department of the Army US Army Corps of Engineers Wilmington District PO Box 1890 Wilmington, NC 28402-1890 To Whom It May Concern: NCDEQ — Division of Water Resources 401 & Buffer Permitting Unit 1650 Mail Service Center Raleigh, NC 27699-1650 I, the undersigned, current property owner designate, authorize representatives of Timmons Group to act on my behalf as my agent in the processing of permit applications, to furnish upon request supplemental information in support of applications, etc., from this day forward. This the 11 day of _August 2021_ (number) (Month) (Year) I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) and NCDEQ Division of Water Resources (DWR) to enter upon the property herein described for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 401 and 404 of the Clean Water Act, and/or Section 10 of the Rivers and Harbors Act of 1899. This notification supersedes any previous correspondence concerning the agent for this project Project Name: Partin Solar 496204629838;496200329256;496200226585; ParcellD: 496200209725;496200812148;496203402058;496200511492 Site Address: Parks Road & Elkin Wildlife Road Elkin, NC 28621 Property Owner's* Name (Print): CVI Renewables Development I, LLC Partin Solar LLC By: CVI Renewables Development I, LLC, its member/manager By: CVI Renewables Devco Holdings 1, LLC, its member/manager By: CVI CEF Master Fund III LP, its member/manager By: CarVal CEF GP LP, its general partner By: C General Partner, LLC its ge „ral partner Property Owner's* Title: .anager Signature: � Jerry Keefe Property Owner's* Mailing 1601 Utica Avenue South, Suite 1000, St. Louis Park, MN, Address: 55416 C 0 It Ln M Ln Ln a; X a E 0 U 0 E E TIMMONS GROUP YOUR VISION ACHIEVED THROUGH OURS, Property Owner's* Fax Telephone: 510.366.9629 No. N/A Property Owner's* Email Address: sheela.rao@carval.com *Property Owner here is the Project Owner, holder of the lease rights that allows the Project Company to conduct the Project. Appendix B Path: Y:\805\99999 - Partin So1ar\GIS\99999-JD-VIC.mxd S t. ■ ■■ 'eSarbnook - •,. `--�. Lake `, _ _ F MQRT/- �? Mp D Elkin tilunirtp = Site Limits00 of+ O •� 9 04 Y • !7 7. F :r �_►' Elkin _ Wi ilowbru ,k ff// - Lake t �� f � MAIN - 5 Y e tin ST_ L . =1 Jonesvillelo r T Site limits are approximate. Topographic imagery from USGS. 0 4,000 8,000 12,000 16,000 Feet NSOTH AROLINA T I M M O N S GROUP �' •'�� SURRYPARTI ,COUNTY FIGURE 1: VICINITY MAP YOUR VISION ACHIEVED THROUGH OURS. • TIMMONS GROUP JOB NUMBER:99999 U.S.G.S. QUADRANGLE(S): ELKIN NORTH PROJECT STUDY LIMITS: 433.3 ACRES DATE(S): 2019 LATITUDE: 36.269154 WATERSHED(S): UPPER YADKIN (UPPER PEE DEE RIVER BASIN) LONGITUDE:-80.814111 ese D ans and associate ocunnents are t e exc usrve Drooertv ot IMMONb UKOUP and may not De eDroaucea In w o e HYDROLOGIC UNIT CODE(S): 03040101 or In Dart and snail not De use or anv Duroose w atsoever. Inc usrve. ul nol to construction, bidding, and/or construction staking without the express written consent of TIM MO GROUP. Path: Y:\805\99999 - Partin Solar\GIS\99999-JD-NRCS.mxd 1 ��,'.�r i S 14 ` :` i f �^ NO2 FtF CFO c4' J sJl r. C'� FeK r 'Cr F'0 FaC a .. �s if r} C' ll�y� fiU1 rY t: t ".0 Y . . FeD2 -EG2 F2 i Site Limits I sL F } ' GSR I FeC 2 FCC?. E `uG?.'-f Fe2 FtQ n- FEE &A Ttc �: rT F I R I.; Y jog � �=eu TIC S 1 r i i 04 ebb LL <; r kd'2 T7:11 I'd sbL kk Site limits are approximate. ram: }^� '' F�C� Soil from NRCS web soil survey. � Utl 0 1,500 3,000 4,500 6,000i hp e Feet Fe�1'e SURRYCO R TII NORTH C`AROLINA T I M M O N S GROUP FIGURE 2: NRCS MAP YOUR VISION ACHIEVED THROUGH OURS. • TIMMONS GROUP JOB NUMBER:99999 U.S.G.S. QUADRANGLE(S): ELKIN NORTH PROJECT STUDY LIMITS: 433.3 ACRES DATE(S): 2019 LATITUDE: 36.269154 WATERSHED(S): UPPER YADKIN (UPPER PEE DEE RIVER BASIN) LONGITUDE:-80.814111 o e HYDROLOGIC UNIT CODE(S): 03040101 ese o ans an associate ocunnents are t e exc usrve orooertv o an may not a repro uce in w or in part an s a no a use or anv ouroose w a[soever. inc usrve. ul nol to construction, bidding, and/or construction staking without the express written consent of TIMMONS GROUP. Appendix C U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID: SAW-2018-02237 County: Surry U.S.G.S. Quad: Elkin North NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner: Catherine Carston Pilot Environmental for.lames W. Partin & Fred G. Eidson Address: PO Box 128 Kernersville, NC 27285 Telephone Number: 336-310-4527 Size (acres): 209 ac Nearest Town: Kernersville Nearest Waterway: Turkey Creek Coordinates: 36.268386,-80.822201 River Basin/ HUC: Unger Yadkin Location description: The site is located west of Elkin Wildlife Road, Elkin North Carolina 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 (RHA) (33 USC § 403). However, since thewaters, 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 (RHA) (33 USC § 403) and 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. _ There are waters of the U.S. including wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1,344). 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. _ The waters of the U.S. including wetlands on your project area have been delineated and the delineation has been verified by the Corps. If you wish to have the delineation surveyed, the Corps can review and verify the survey upon completion. Once verified, this survey will provide an accurate depiction of all areas subject to CWA and/or RHA 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 to determine their requirements. Placement of dredged or fill material within waters of the US and/or 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 William Elliott at 828-271-7980, ext. 4225 or amanda.jones@usace.army.mil. C. Basis for Determination: See attached preliminary jurisdictional determination form. The site contains wetlands as determined by the 1987 Corps of Engineers Wetland Delineation Manual and the Regional Supplement to the Corps of Engineers Wetlands Delineation Manual: Eastern Mountain and Piedmont Region (version 2.0). These wetlands are adjacent to stream channels located on the property that exhibit indicators of ordinary high water marks. D. Remarks: The potential waters of the U.S., at this site, were verified on -site by the Corps on January 9, 2019 and is approximately depicted on the attached Potential Wetland/Waters Map E. Attention USDA Program Participants This del ineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The deIineation/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 (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. 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 1OM15 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 N/A (Preliminary -JD). *'"It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence." ELLIOTTRILLIAM.ANTHON Digitally signed by ELLIOTTMILLIAM.ANTHONY.1046694604 Corps Regulatory Official: Y.1048694604 W 2019.D4.22194276.04W William Elliott Issue Date of JD: Apr 22, 2019 Expiration Date: N/A Preliminary JD 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://corpsmal2u.usace.army.mil/cm apex/f?12=136:4:0. Copy furnished: James W. Partin, 210 West Main Street, Elkin, NC 28621 Fred G. Eidson, 210 West Main Street, Elkin, NC 28621 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND AaLmg Applicant: Catherine Carston, Pilot Environmental File Number: SAW-SAW-2018-02237 Date: Apr 22, 2019 for James W. Partin & Fred G. Eidson Attached is: See Section below ❑ INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission) A ❑ PROFFERED PERMIT Standard Permit or Letter ofpermission) B PERMIT DENIAL 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 http://www.usace.army.mil/Missions/CivilWorks/Re ug latoryProgramandPermits.aspx or ALI 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 II 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 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. 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 II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. 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 11 - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMI .. - 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. I OINT OF CONS6,017 FOR QUESTIONS PAW If you have questions regarding this decision and/or the appeal process you may contact: District Engineer, Wilmington Regulatory Division, Attn: William Elliott 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 828-271-7980, ext. 4232 If you only have questions regarding the appeal process you may also contact: Mr. Jason Steele, Administrative Appeal Review Officer CESAD-PDO U.S. Army Corps of Engineers, South Atlantic Division 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 opportunito participate in all site investigations. Date: I Telephone number: of annellant or For appeals on Initial Proffered Permits send this form to: District Fngincer, Wilmington Regulatory Division, Attn.: William Elliott, 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 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: Apr 22, 2019 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Catherine Carston, Pilot Environmental for James W. Partin & Fred G. Eidson, PO Box 128 Kernersville, NC 27285 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: CESAW-RG-A, SAW-2018-02237 Partin Solar D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The site is located west of Elkin Wildlife Road, Elkin NC. The site contains wooded land. The site is proposed for development with a solar farm. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE. AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: North Carolina County/parish/borough: Surry City: Elkin Center coordinates of site (lat/long in degree decimal format): Lat.: 36.268386' Long.:-80.822201 ° Universal Transverse Mercator: WGS 84 Name of nearest waterbody: Turkey Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ® Field Determination. Date(s): January 9, 2019 TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Site Latitude (decimal Longitude Estimated amount Type of aquatic Geographic authority to Number degrees) (decimal degrees) of aquatic resources resources (i.e., which the aquatic resource in review area wetland vs. non- "may be" subject (i.e., (acreage and linear wetland waters) Section 404 or Section feet, if applicable 10/404) SA 36.272303 -80.822804 1,840 linear feet Non -wetland Section 404 water SB 36.265464 -80.824490 3,470 linear feet Non -wetland Section 404 water SC 36.266257 -80.822948 1,080 linear feet Non -wetland Section 404 water SCA 36.266975 -80.820948 621 linear feet Non -wetland Section 404 water SY 36.264902 -80.824799 60 linear feet Non -wetland Section 404 water SZ 36.262645 -80.821336 2,000 linear feet Non -wetland water Section 404 SZA 36.263474 -80.819143 240 linear feet Non -wetland water Section 404 SZB 36.263290 -80.819308 20 linear feet Non -wetland water Section 404 ISC 36.267542 -80.821470 360 linear feet Non -wetland water Section 404 ISZA 36.263780 -80.819162 100 linear feet Non -wetland water Section 404 WA 1-13 36.273012 -80.821880 0.066 acres Wetland Section 404 WA 14-17 36.272506 -80.822453 0.005 acres Wetland Section 404 WA 18-22 36.272452 -80.822796 0.014 acres Wetland Section 404 WA 23-37 36.272165 -80.823007 0.107 acres Wetland Section 404 WA 38-41 36.270526 -80.824582 0.018 acres Wetland Section 404 WA 42-43 36.270338 -80.824647 0.006 acres Wetland Section 404 WB 1-22 36.269278 -80.824579 0.628 acres Wetland Section 404 WB 23-29 36.267566 -80.823832 0.109 acres Wetland Section 404 WC 1-3 36.267203 -80.821636 0.060 acres Wetland Section 404 WCA 1-7 36.266927 -80.821348 0.064 acres Wetland Section 404 WY 1-23 36.261824 -80.823364 1.356 acres Wetland Section 404 WZ 1-15 36.263202 -80.818063 0.106 acres Wetland Section 404 WZ 16-20 36.263424 -80.818593 0.013 acres Wetland Section 404 WZ 21-23 36.262968 -80.820037 0.028 acres Wetland Section 404 WZ 24-30 36.262785-80.821047 0.051 acres 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 requestor: Map: ® Data sheets prepared/submitted by or on behalf of the PJD requestor. ❑ Office concurs with data sheets/delineation report. ❑ Office does not concur with 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 l ® Natural Resources Conservation Service Soil Survey. Citation: Drawings 2 & 2A ® National wetlands inventory map(s). Cite name: Drawing 3 ❑ State/local wetland inventory map(s): ® FF,MA/FIRM maps: Drawing 4 ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ® Photographs: ®Aerial (Name & Date): Drawing 5 or ❑Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): 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. ELLIOTT.WILLIA Digitdlly signed by ELLI OTT. W I LLI AM.ANTHONY. M. A N T H O N Y .104 1048694604 Date: 2019.oa.2215:43:27 � November 30, 8694604 .oa'oo, Signature and date of Regulatory Signature and date of person staff member completing PJD requesting PJD (REQUIRED, unless obtaining the signature is impracticable)1 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 WA 18-22 14 WA 23-37_� WA j (0.107 ac) lo.005 --_ SA x ` (1,84040 If) f — WA 38-41 �! (0.018ac) WA 42-43 ' DP-2 DV-1.® WB 1-�2 + (0.628 ac) � r WB 23-29 (0.109 ac) SC SIB (1,0801_ f) (3,470 If) / ryy I I u SY ISC (360 If) A SCA WC 1-3 (621If) (0.060 ac) .: WCA 1-7 (0.064 ac) /ter ISZA SZA LEGEND (100If) (2401f) WZ 16-20 WZ 21 23 SZB (0.013 ac) Site Boundary (0.028ac) ( / WZ 1-15 20 Lf) /�.'/ Perennial Stream (0.306ac) WZ 24-30 ■ ■ ■ ■ ■ ■ Intermittent Stream (0.051 ac) ., Wetland 1 4 � ..+1 �•.��� a Sl Culvert 'ram LL1 (2,000 If) SA 1-5 Flag Number WY 1-23 777,1 Fti (1.356ac) DP-1 0 Data Point s. tr 1E LOCATIONS OF FEATURES SHOWN ON THIS MAP ARE PRELIMINARY. THEY HAVE NOT BEEN VERIFIED BY THE USACE AND/OR THE NCD WR. THIS EXHIBIT INCLUDES GPS LOCATIONS OF JURISIDICTIONAL FEATURES. DELINEATION CONDUCTED BY DSB/MTB/BSL/CC ON 10.17. Drawing 5 ,. ; g Wetland Map Aerial Imagery from ESRI Partin Solar and Pilot GPS Data: Approximate 209 Acre Tract Scale: 1" = 550' Elkin, Surry County, NC Date: 10.19.18 PILOT (N V I R p % M! NAL. NC Pilot Project 4143 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. 2019-01186 County: Surry U.S.G.S. Quad: NC- Elkin North NOTIFICATION OF JURISDICTIONAL DETERMINATION Applicant: Partin Solar, LLC Attn: Michael Braun Address: 1519 King Street Charleston, SC 29405 Size (acres) 225 Nearest Town Elkin Nearest Waterway Yadkin River River Basin Upper Pee Dee USGS HUC 03040101 Coordinates Latitude: 36.271412 Longitude:-80.807744 Location description: The proiect site is located on/near Elkin Wildlife Road, in Elkin, Surry Countv, NC. Indicate Which of the Following Apply: A. Preliminary Determination ® There appear to be waters, including wetlands on the above described project area/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 (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. The approximate boundaries of these waters are shown on the enclosed delineation map dated 6/17/2019 and revised 11/06/19. 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 appear to be waters, including wetlands on the above described project area/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 (RHA) (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, including wetlands on your project area/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 project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (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, including wetlandson the above described project area/property 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, including wetlands on your project area/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. ❑ The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once 2019-01186 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, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below onDATE. 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/property 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 Amanda Jones at 828-271-7980 ext. 4225 or amanda iones(a usace.army.mil. C. Basis for Determination: See the preliminary jurisdictional determination form dated 11/06/2019. D. Remarks: None. 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 (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. 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: Phillip Shaman, Review Officer 60 Forsyth Street SW, Room 1OM15 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. Corps Regulatory Official: Digitally signed by FUEMMELER.AMAND FUEMMELER.AMANDAJONE5.12 A.JONES. 1242835090 42835090 Date: 2019.11.06 16:09:39-05'00' Date of JD: 11/06/2019 Expiration Date of JD: Not applicable NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Partin Solar, LLC, Michael Braun File Number: 2019-01186 Date: 11/06/2019 Attached is: See Section below ❑ INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission) A ❑ PROFFERED PERMIT Standard Permit or Letter ofpermission) B ❑ PERMIT DENIAL 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 or http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPennits.asi)x or the 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 11 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 II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. 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. Phillip Shannin, Administrative Appeal Review Officer Attn: Amanda Jones CESAD-PDO Asheville Regulatory Office U.S. Army Corps of Engineers, South Atlantic Division U.S Army Corps of Engineers 60 Forsyth Street, Room 1OM15 151 Patton Avenue, Room 208 Atlanta, Georgia 30303-8801 Asheville, North Carolina 28801 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 investigations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Amanda Jones, 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. Phillip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 Copies Furnished: Pilot Environmental, Inc. / Attn: Seren Homer (via email) PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 11 /06/19 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Seren Homer, Pilot Environmental, Inc. Post Office Box 128, Kernersville, North Carolina 27285 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington, Partin Solar, SAW 2019-01 186 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The site is located east of Elkin Wildlife Road, in Elkin, NC. The site contains wooded land and fields. The site is proposed for development with a solar farm. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: North Carolina County/parish/borough: Surry City: Elkin Center coordinates of site (]at/long in degree decimal format): Lat.: 36.271412' Long.:-80.807744' Universal Transverse Mercator: WGS 84 Name of nearest waterbody: Turkey Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): X Office (Desk) Determination. Date: 08/21 /19 ❑ Field Determination. Date(s): TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. 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 "may be" subject (i.e., Section 404 or Section 10/404) DSla 36.265842' -80.806357' 170 LF Non -wetland water Section 404 DSle 36.266847' -80.803893' 1,300 LF Non -wetland water Section 404 DS2 36.272290' -80.805234° 2,320 LF Non -wetland water Section 404 DS3 36.272673' -80.804816° 70 LF Non -wetland water Section 404 DS4 36.272643' -80.805046' 60 LF Non -wetland water Section 404 DS5 36.270673' -80.809623' 110 LF Non -wetland water Section 404 MS1 36.267707' -80.815516' 170 LF Non -wetland water Section 404 MS2 36.269519' -80.809699' 5,250 LF Non -wetland water Section 404 MS3 36.270589' -80.812401° 930 LF Non -wetland water Section 404 MS4 36.273869' -80.811326° 220 LF Non -wetland water Section 404 MS5 36.274755' -80.807773' 1,520 LF Non -wetland water Section 404 DWI 1-9 36.268624' -80.803153' 0.062 ac. Wetland Section 404 DWI 10-17 36.269069' -80.803103' 0.030 ac. Wetland Section 404 DW2 1-6 36.269216' -80.810106' 0.014 ac. Wetland Section 404 DW2 7-23 36.270408' -80.807226° 0.11 ac. Wetland Section 404 DW2 24-25 36.271935' -80.805161° 0.010 ac. Wetland Section 404 DW2 26-39 36.272564' -80.805028' 0.081 ac. Wetland Section 404 DW5 1 -11 36.270584' -80.809670' 0.38 ac. Wetland Section 404 MW 1 1-5 36.267518' -80.814807' 0.021 ac. Wetland Section 404 MW1 6-7 36.267514' -80.814906' 0.0021 ac. Wetland Section 404 MW2 1-3 36.273927' -80.811557' 0.0025 ac. Wetland Section 404 MW3 1 -11 36.270270' -80.81 1885' 0.039 ac. Wetland Section 404 MW3 12-14 36.270776' -80.813092' 0.0046 ac. Wetland Section 404 MW41-10 36.274047' -80.811309' 0.061 ac. Wetland Section 404 MW5 1-7 36.274088' -80.808968' 0.063 ac. Wetland Section 404 MW5 7-13 36.274232' -80.808451' 0.0089 ac. Wetland Section 404 MW5 14-16 36.274671 " -80.807864' 0.0079 ac. 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 (AID) 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 AID 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 AID 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 terns 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 orjudicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AID or a PJD, the JD will be processed as soon as practicable. Further, an AID, 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: ® Data sheets prepared/submitted by or on behalf of the PJD requestor. ❑ Office concurs with data sheets/delineation report. ❑ Office does not concur with 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 1/1"=2,000'/Elkin North, NC (2003) and Elkin South, NC (2000) ® Natural Resources Conservation Service Soil Survey. Citation: Drawing 2/Web Soil Map & Drawing 2A/Published Soil Map ® National wetlands inventory map(s). Cite name: Drawing 3/NWI Map ❑ State/local wetland inventory map(s): ® FEMA/FIRM maps: Drawing 4/FEMA FIRM ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ® Photographs: ®Aerial (Name & Date): Drawing 5/Wetland Map (2018) or ❑Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): 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. FUEMMELER.AM Digitally signed by FU EM M ELER.AMAN DA.JON ANDA.JONES.12 ES.1242835090 Date: 2019.11.06 16:10:22 42835090-05,00, u V...K July 1, 2019 Signature and date of Regulatory staff member completing PJD Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)1 1 Districts may establish timetrames 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. I L�V do.. P.- -U. A&1,L3 - O*M- ffl�§MW514-16 0.0079 ac. MW41-10 MW51-7 \ 2 1-31 ac. 0.063 ac. \+ DW51-11 D55 0.38 ac. 110 LF - DP-3 D Q DP-4 M W3 1-11 0.039 ac. pp— MW16 0.0021 ac. LEGEND Site Boundary Potential Non -Wetland Waters of the US (Perennial Stream) Potential Non -Wetland Waters of the US (Intermittent Stream) Potential Wetland Waters of the US Culvert WA 1-5 Flag Number/Feature ID DP-1 Q Data Point DW2 26-39 D53 0.081 ac. 70 LF D54 ZoDP-1 60 LF 0 DP_2 DW2 24-25 0.010 ac. � D526 240 LF THE LOCATIONS OF FEATURES SHOWN WERE VERIFIED BY MS. AMANDA JONES-FUEMMELER AND MS. BRAN DEE BOGGS WITH THE USACE ON AUGUST 21, 2019. THIS EXHIBIT INCLUDES GPS LOCATIONS OF DELINEATED FEATURES. DELINEATION CONDUCTED BY PILOT ON 6.13.19. Drawing 5 2018 Aerial Imagery from ESRI and Pilot GPS Data Scale: 1" = 600' Date: 6.17.19 Revised: 11.6.19 FIRM Ak P I L O T F N V I R 0 N M F N Y A L. 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I N C September 3, 2019 Mr. Greg Ness Partin Solar, LLC 1519 King Street Charleston, South Carolina 29405 Reference: Limited NEPA Assessment Partin Solar Approximate 434-Acre Tract Elkin Wildlife Road Elkin, Surry County, North Carolina Pilot Project 4143.3 Dear Mr. Ness: Pilot Environmental, Inc. (Pilot) is pleased to submit this report of the Limited National Environmental Policy Act (NEPA) Assessment for the approximate 434-acre tract located along Elkin Wildlife Road in Elkin, Surry County, North Carolina. The site is depicted on the attached U.S. Geological Survey (USGS) Topographic Map (Drawing 1) and 2018 Aerial Photograph (Drawing 2). Background Congress passed the Endangered Species Act (ESA) in 1973. The purpose of the ESA is to protect and recover imperiled species and the ecosystems upon which they depend. It is administered by the U.S. Fish and Wildlife Service (USFWS) and the Commerce Department's National Marine Fisheries Service (NMFS). The USFWS has primary responsibility for terrestrial and freshwater organisms, while the responsibilities of the Commerce Departments NMFS are mainly marine wildlife. Under the ESA, federally protected species may be listed as either endangered or threatened. "Endangered" means a species is in danger of extinction throughout all or a significant portion of its range. "Threatened" means a species is likely to become endangered within the foreseeable future. All species of plants and animals, except pest insects, are eligible for listing as endangered or threatened. For the purposes of the ESA, Congress defined species to include subspecies, varieties, and, for vertebrates, distinct population segments. The N.C. State Historic Preservation Office (NCSHPO) was created by the United States government in 1966 under Section 106 of the National Historic Preservation Act (NHPA). The purposes of the SHPO include surveying and recognizing historic properties, reviewing nominations for properties to be included in the National Register of Historic Places, reviewing undertakings for the impact on the properties as well as supporting federal organizations, state and local governments, and the private sector. PO Box 128, Kernersville, NC 27285 www.pilotenviro.com Limited NEPA Assessment Pilot Project 4143.3 September 3, 2019 Scope of Services Pilot was contracted to perform a Limited NEPA Assessment for the approximate 434-acre tract located along Elkin Wildlife Road in Elkin, Surry County, North Carolina. The site includes seven parcels identified by the Surry County Geographical Information System (GIS) as Parcel Identification Numbers (PINS) 496200226585, 496200209725, 496200329256, 496203402058, 496200511492, 496200812148 and 496204629838. The site is being evaluated for proposed development with a solar farm. The purpose of the Limited NEPA Assessment is to identify the potential for impact to federally listed threatened and endangered species and cultural resources. The scope of services included a field reconnaissance, a review of available literature and a submittal of relevant site information to solicit comments from the USFWS and the NCSHPO. Pilot was provided with a Google Earth digital file of the site boundary. Pilot was also contracted to perform a Phase I Environmental Site Assessment and a Wetland Delineation on the site. Details of these investigations are included in separate reports. Site Reconnaissance Pilot personnel conducted site visits on October 16, 2018 and on June 13, 2019. The site contains wooded land, fields and a utility easement containing overhead high-tension powerlines. Two abandoned agricultural structures are located on the site. The remainder of the site is undeveloped. The wooded land consists of mature mixed hardwoods with scattered pines ranging from approximately 25 to more than 50 years old. The canopy is moderately dense to closed and dominated by tulip poplar, red maple, oak species, hickory, sourwood, sweet gum, black cherry, white pine, Virginia pine, American beech and winged elm. The midstory ranges from moderately open to moderately dense and contains similar tree species as those observed in the canopy as well as American holly, red cedar and flowering dogwood. The understory is relatively open in some areas and densely vegetated in other areas, and dominated by Japanese stiltgrass, Christmas fern, greenbrier, Virginia creeper, longleaf spikegrass, muscadine, giant cane, false nettle, Japanese honeysuckle, running cedar, ground ivy and ebony spleenwort. The majority of the fields were densely vegetated with Johnsongrass, ryegrass, and fescue, as well as other various mixed grass species at the time of our site visit. One field on the southern portion of the site was planted in corn. A limited area of another field on the southeastern portion of the site appears to have been used for borrowing or wasting materials. Sediment and erosion control devices and low-lying herbaceous vegetation are present in the former borrow/wasting pit. The utility easement appears to be periodically maintained and was dominated by fescue, pokeweed, dog fennel, and blackberry, as well as other low-lying grass/herbaceous species at the time of our site visit. iA Limited NEPA Assessment Pilot Project 4143.3 September 3, 2019 Pilot has completed a wetland delineation at the site. The delineation has been verified by the U.S. Army Corps of Engineers (USACE). Several streams and wetlands are located on the site. The streams range in size from 3 to 15 feet wide and contain primarily silt and cobble substrate. The majority of the streams on the site contain perennial flow. The remainder of streams contained areas of little to no flowing water and were classified as intermittent by Pilot personnel. Wetlands are located adjacent to the streams in several areas. The wetlands are forested fringe and headwater wetlands typical of those observed in the piedmont and foothills of North Carolina. Drawing 3 shows the locations of streams and wetlands on the site. Federally Listed Threatened and Endangered Species Database Review The project location was entered into the USFWS Information for Planning and Conservation (IPaC) online mapping system to obtain a resource list of threatened and endangered species and designated or proposed critical habitat that may be affected by the project. The IPaC Resources Trust Report is included as an attachment. Additionally, Pilot reviewed the USFWS Endangered Species Database to identify federally protected threatened and endangered species in Surry County, North Carolina. The following federally protected threatened and endangered species were identified: Common Name Scientific name Federal Status Record Status Bog turtle Clemmys muhlenbergii T (S/A) liCurrent Northern long-eared bat Myotis septentrionalis T Probable/Potential Schweinitz's sunflower Helianthus schweinitzii E Current Small whorled pogonia lsotria medeoloides T I Historic T —Threatened E — Endangered T (S/A) —Threatened due to Similar Appearance Species/Habitat Description Bog Turtle (Clemmys muhlenbergii) Description: The bog turtle is the smallest turtle in North America, rarely exceeding three or four inches in length and weighing only about four ounces. Its orange to yellow patch on either side of the neck easily distinguishes it from other turtles. Bog turtles emerge from their muddy hibernation in early to mid -April and by early May are actively seeking a mate. Adults are sexually mature at five to eight years of age. In June or July, the female lays a clutch of one to six small white elliptical eggs in a shallow "nest" she digs in a clump of sphagnum moss or tuft of grass above the water line. After seven or eight weeks of being incubated by the sun, the inch -long hatchlings emerge. Because they are born so late in the year, the hatchlings often spend their first winter near the nest. 3 Limited NEPA Assessment Pilot Project 4143.3 September 3, 2019 Habitat: Bog turtles live in the mud, grass and sphagnum moss of bogs, swamps, and marshy meadows. These wetlands are usually fed by cool springs flowing slowly over the land, creating the wet, muddy soil needed by the turtles. Conclusion: There is limited potential that wetlands on the site could contain suitable habitat for this species. The wetlands have been delineated and are in the process of verification by the USACE. The proposed site development will be designed to avoid and minimize impacts to wetlands. Additionally, this species is listed due to similarity of appearance. Therefore, the project is not likely to adversely affect this species. Northern long-eared bat (Myotis septentrionalis) Description: The northern long-eared bat is a medium-sized bat about 3 to 3.7 inches in length but with a wingspan of 9 to 10 inches. As its name suggests, this bat is distinguished by its long ears, particularly as compared to other bats in its genus, Myotis, which are actually bats noted for their small ears (Myotis means mouse -eared). The northern long-eared bat is found across much of the eastern and north central United States and all Canadian provinces from the Atlantic coast west to the southern Northwest Territories and eastern British Columbia. The species' range includes 39 states. White -nose syndrome, a fungal disease known to affect bats, is currently the predominant threat to this bat, especially throughout the Northeast where the species has declined by up to 99 percent from pre -white -nose syndrome levels at many hibernation sites. Although the disease has not yet spread throughout the northern long-eared bat's entire range (white -nose syndrome is currently found in at least 22 of 39 states where the northern long-eared bat occurs), it continues to spread. Experts expect that where it spreads, it will have the same impact as seen in the Northeast. Habitat: During summer, northern long-eared bats roost singly or in colonies underneath bark, in cavities, or in crevices of both live and dead trees. Males and non -reproductive females may also roost in cooler places, like caves and mines. This bat seems opportunistic in selecting roosts, using tree species based on suitability to retain bark or provide cavities or crevices. It has also been found, rarely, roosting in structures like barns and sheds. Northern long-eared bats spend winter hibernating in caves and mines, called hibernacula. They typically use large caves or mines with large passages and entrances; constant temperatures; and high humidity with no air currents. Specific areas where they hibernate have very high humidity, so much so that droplets of water are often seen on their fur. Within hibernacula, surveyors find them in small crevices or cracks, often with only the nose and ears visible. Conclusion: Hibernacula was not observed on the site. The site contains wooded land that could afford suitable summer roosting habitat. Similar habitat was observed on surrounding properties. Based on a review of the June _1_2016_NLEB_HUC12 NLEB shapefiles obtained from the Raleigh Ecological Services Field Office website, the 12-digit HUC with the nearest confirmed hibernation and/or maternity sites is located more than 53 miles from the site. Based on the distance to known roost trees, the limited area of suitable habitat and availability of similar C! Limited NEPA Assessment Pilot Project 4143.3 September 3, 2019 suitable habitat, we have made the determination that the proposed project is not likely to adversely affect this species. Schweinitz's sunflower (Helionthus schweinitz Description: Schweinitz's sunflower is a perennial that regularly grows approximately 6.5 feet tall (though it can be shorter if young or injured) and can occasionally reach heights of 16 feet. It has thickened roots that are used by the plant to store starch. The stem is purplish in color, and the upper third bears secondary branches at 45-degree angles. The leaves are arranged in pairs on the lower part of the stem but usually occur singly (or alternate) on the upper parts. Leaves are attached to the stem at right angles, and the tips of the leaves tend to droop. The leaves are thick and stiff, with a rough upper surface. The upper leaf surfaces have broad spiny hairs that are directed toward the tip and soft white hairs cover the underside. The plant produces small yellow flowers from late August until frost. This species is able to colonize through the dispersal of seeds that readily germinate without a dormant period. Habitat: Schweinitz's sunflower occurs in full to partial sun and is found in areas with poor soils, such as thin clays that vary from wet to dry. It is believed that this species once occurred in natural forest openings or grasslands. Many of the remaining populations occur along roadsides. Conclusions: A utility easement crosses the northern portion of the site. Based on our field observations, the utility easement appears to be periodically maintained. However, the vegetation within the easement is dominated by invasive species that would not provide suitable habitat for the Schweinitz's sunflower. Therefore, we have made a determination of no effect for this species. Small -whorled pogonia (Isotria medeoloides) Description: Small -whorled pogonia has a greenish -white stem that grows between 3 —13 inches tall. It gets its common name from the five or six grayish -green leaves that are displayed in a single whorl around the stem. When the leaves are well developed, a single flower or sometimes a flower pair rises from the center of the circle of leaves. The flowers are yellowish -green with a greenish -white lip. Each flower has three sepals of equal length that spread outward. The flowers are scentless, lack nectar, and are primarily self -pollinating. It produces fruit which ripens in the fall. The seeds contain very little food reserves and therefore need to fall on soil containing mycorrhizal fungi in order for the seed to germinate and seedlings to become established. An over -wintering vegetative bud may form in late August or September. Occasionally small whorled pogonia will reproduce vegetatively, without the use of seeds. Habitat: Small whorled pogonia can be limited by shade. The species seems to require small light gaps, or canopy breaks, and generally grows in areas with sparse to moderate ground cover. Too many other plants in an area can be harmful to this plant. This orchid typically grows under canopies that are relatively open or near features that create long -persisting breaks in the forest 0 Limited NEPA Assessment Pilot Project 4143.3 September 3, 2019 canopy such as a road or a stream. It grows in mixed -deciduous or mixed-deciduous/coniferous forests that are generally in second- or third -growth successional stages. The soils in which it lives are usually acidic, moist and have very few nutrients. Conclusions: The site contains wooded land with a dense canopy and primarily moderately dense mid and understories. Based on our field observations, suitable habitat for Small whorled pogonia is not located on the site. Therefore, we have made a determination of no effect for this species. USFWS Correspondence Pilot submitted letters to the USFWS to solicit comments pertaining to the proposed project. The USFWS responded to our request regarding the initial project area in a letter dated November 29, 2018. The response indicates that the USFWS concurs with our opinion that the proposed action of developing the site with a solar farm is not likely to adversely affect federally listed endangered or threatened species, their formally designated habitat, or species currently proposed for listing under the Act at the site. The USFWS responded to our request regarding the additional project area in an e-mail response dated July 19, 2019. The response indicates that the USFWS still concurs with our opinion that the proposed project will not adversely affect endangered or threatened species. The letters further indicate that the requirements of Section 7 of the ESA have been satisfied for the proposed project. To further reduce the probability of "take" of northern long-eared bat, the USFWS has recommended the cutting moratorium of June 1-July 31 be implemented into the plans if possible. Copies of the USFWS responses are included as attachments. Historic/Archaeological Resources Literature Review Pilot reviewed the NCSHPO - Historic Preservation Office (HPO) GIS website to obtain information regarding the potential occurrence of historical resources on the site and nearby properties. The NCSHPO-HPO GIS website (Drawing 4) does not identify properties that are listed or eligible for listing on the national register on or within approximately one mile of the site. A historic property listed as "survey only, gone" is depicted approximately 600 feet east of the site and identified as the former Rock Spring School. Several properties identified as "survey only' are depicted 1,000 feet and more from the site. SHPO Correspondence Pilot originally submitted a letter to the NCSHPO to solicit comments pertaining to the initial project area. The NCSHPO responded to our request in a letter dated November 26, 2018. According to the response letter, the NCSHPO conducted a review of the project and was aware 1.1 Limited NEPA Assessment Pilot Project 4143.3 September 3, 2019 of no historic resources which would be affected by the project. A copy of the letter is included as an attachment. Additionally, the NCSHPO provided a response to a North Carolina State Clearinghouse Department of Administration Intergovernmental Review request dated July 18, 2019. According to the response letter, the NCSHPO has conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, the NCSHPO has no comment on the project as proposed. A copy of the response is included as an attachment. Conclusions and Opinions This Limited NEPA Assessment has revealed that it is not likely for the proposed development of the site with a solar farm to impact federally listed threatened/endangered species or cultural resources. If possible, a tree cutting moratorium of June 1-July 31 is recommended by the USFWS to avoid accidental take of the northern long-eared bat. If additional information concerning federally listed threatened/endangered species and/or cultural resources becomes available that makes a material difference in our findings and conclusions, Pilot reserves the right to revise the conclusions and opinions found within this report. Additional assessment is not recommended at this time. Closing We appreciate the opportunity to provide our services to you. Please contact us at (336) 310- 4527 if you have questions or require additional information. Sincerely, Spencer C. Burnett David S. Brame, PWS Project Manager Senior Project Manager Attachments: Drawing 1— USGS Topographic Map Drawing 2 — 2018 Aerial Photograph Drawing 3 — Wetland Map Drawing 3.1— Wetland Map Drawing 3.2 — Wetland Map Drawing 4 — NCSHPO — HPO GIS Map IPaC Report USFWS Response Letter dated November 29, 2018 USFWS Response E-mail dated July 19, 2019 NCSHPO Response Letter dated November 26, 2018 NCSHPO Response Letter dated July 18, 2019 7 - I l � 1 -� - -- — �*---� -�.- • ki ram_._ _} _ sue`.- � - } f •T- Y flk; . +_ - 7�1 i l d. p' I I. . � � f� .�� .�•`�... �.�{ r + �� � 'tom _• � }�. TX Ilk i _' lam. ip - k itA LEGEND Site Boundary Drawing 1 . ;; USGS Topographic Map '= :' -" USGS Topographic Map :. _ -�:� - Partin Solar Elkin North and Elkin South, zy .: _ Approximate 434-Acre Tract NC Quadrangles PILO Elkin, Surry County, NC Scale: 1"-2,000' FIICT ENv'RONMIHTAE•Ia= Pilot Project4143.3 f _ � ' 1 V loop AA 1 1i Tr•. � . I •ti i L �. 116 IDrawing 3.2 Drawing 3.1 Site Boundary ' Non -Wetland Waters of the US (Perennial Stream) TRACT A —THE LOCATIONS OF FEATURES SHOWN HAVE BEEN VERIFIED BY THE USACE Non -Wetland Waters of the US (JD SAW-2018-02237, DATED APRIL 22, 2019). THIS EXHIBIT INCLUDES GPS LOCATIONS (Intermittent Stream) OF DELINEATED FEATURES. DELINEATION CONDUCTED BY PILOT ON 10.16.18. +�, Wetland Waters of the US TRACT B — THE LOCATIONS OF FEATURES SHOWN WERE VERIFIED BY MS. AMANDA Culvert JONES-FUEMMELER AND MS. BRANDEE BOGGS WITH THE USACE ON AUGUST 21, WA 1-5 Flag Number/Feature ID 2019. THIS EXHIBIT INCLUDES GPS LOCATIONS OF DELINEATED FEATURES. DELINEATION CONDUCTED BY PILOT ON 6.13.19. DP-1 O Data Point Drawing 3 Wetland Map 2018 Aerial Imagery from ESRI" Partin Solar and Pilot GPS Data °'=a ; „. _�� Approximate 434-Acre Tract Scale: 1" = 1,000' Elkin, Surry County, NC Date: 6.17.19 P��1 Pilot Project 4143.3 l Ft N M! N T A C. i w C Revised: 9.3.19 o T E N v l WA 1-13 0.066 ac. WA 18-22 0.014 ac. WA 23-37� WA 14-17 r 0.107 ac. 0.005 ac. II r �� SA 1,840 LF WA 38-41 WA 4 WA 2-4-43 0.006 ac. O DP-2 O DP-1 WB 1-22 0.628ac. See Drawing 3.2 ISC 360 LF WB 23-29 0.109 ac. WC 1-3 SCA 0.060 ac. 621 LF SB SC 470 LF 1,080- LF WCA 1-7 f 0.064 ac. rr�j4 ■ ISZA t 100 LF WZ 16-20 SY SZA 0.013 ac. 60 LF WZ 21-23 SZB 240 LF WZ 1-15 0.028 ac. 20 LF / 0.106 ac. WZ 24-30 � f F ` 0.051 ac. �. LEGEND Site Boundary Non -Wetland Waters of the US sZ (Perennial Stream) , 2,000 LF wY 1-23 Non -Wetland Waters of the US S 1.356ac. (Intermittent Stream) Wetland Waters of the US Culvert WA 1-5 Flag Number/Feature ID DP-1 O Data Point THE LOCATIONS OF FEATURES SHOWN HAVE BEEN VERIFIED BY THE USACE (JD SAW-2018-02237, DATED APRIL 22, 2019). THIS EXHIBIT INCLUDES GPS LOCATIONS OF DELINEATED FEATURES. DELINEATION CONDUCTED BY PILOT ON 10.16.18. Drawing 3.1 2018 Aerial Imagery from ESRI and Pilot GPS Data Scale: 1" = 600' Date: 1.9.19 Revised: 9.3.19 PIL�1' L C T E N v l q o N W e w r A c. i w C Wetland Map Partin Solar Approximate 434-Acre Tract Elkin, Surry County, NC Pilot Project 4143.3 M W5 14-16 0.0079 ac. MW41-10 MW51-7 0.061 ac. 0.063 ac. 154 MW58-13 R 0.0089 ac. - DP-3 D Q DP-4 M W3 1-11 0.039 ac. DW2 26-39 D53 19 0.081 ac. 70 LF D54 _ o O DP-1 1,520 LF Ms 60 LF i+ NQ DP-2 DW2 24-25 0.010 ac. D526 DW5 1-11 D55 DW2 7-23 240 LF 0.38 ac. 110 LF 0.11 ac. DWI 1-9 0.062 ac. LEGEND ' Site Boundary ,f Non -Wetland Waters of the US (Perennial Stream) Ds1a 170 LF _ _ _ _ _ Non -Wetland Waters of the US (Intermittent Stream) V Wetland Waters of the US �•ia' } Culvert WA 1-5 Flag Number/Feature ID y� DP-1 O Data Point L j THE LOCATIONS OF FEATURES SHOWN WERE VERIFIED BY MS. AMANDA JONES-FUEMMELER AND MS. BRANDEE BOGGS WITH THE USACE ON AUGUST 21, 2019. THIS EXHIBIT INCLUDES GPS LOCATIONS OF DELINEATED FEATURES. DELINEATION CONDUCTED BY PILOT ON 6.13.19. Drawing 3.2 Wetland Map 2018 Aerial Imagery from ESRI Partin Solar and Pilot GPS Data r M. Approximate 434 -Acre Tract Scale: 1" = 600' �. Elkin, Surry County, NC ��� Date:6.17.19 PI ENVIgpNMEWTAE.iwC Pilot Project4143.3 Revised: 9.3.19 1111r., *Am 7J I I ri 1 N.' 4 LEGEND Site Boundary Surveyed Only A i 0 Surveyed Only, Gone NCSHPO — HPO GIS Map Drawing 4 Partin Solar NCSHPO — HPO GIS Website Approximate 434-Acre Tract 1" = 1,500' PRA Elkin, Surry County, NC PILOT ENVIRON N I N 7 A L INC Pilot Project 4143.3 United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 Phone: (828) 258-3939 Fax: (828) 258-5330 http://www.fws.2ov/nc-es/es/cog fr In Reply Refer To: Consultation Code: 04EN1000-2019-SLI-0416 Event Code: 04EN1000-2019-E-01360 Project Name: Partin Solar August 16, 2019 Subject: Updated list of threatened and endangered species that may occur in your proposed project location, and/or may be affected by your proposed project To Whom It May Concern: The attached species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. Although not required by section 7, many agencies request species lists to start the informal consultation process and begin their fulfillment of the requirements under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). This list, along with other helpful resources, is also available on the U.S. Fish and Wildlife Service (Service) Asheville Field Office's (AFO) website: htips://www.fws.gov/raleigh/species/ cntylist/nc_counties.html. The AFO website list includes "species of concern" species that could potentially be placed on the federal list of threatened and endangered species in the future. Also available are: Design and Construction Recommendations htlps://www.fws.Gov/asheville/htmls/Troject review/Recommendations.html Optimal Survey Times for Federally Listed Plants htlps://www.fws.gov/nc-es/Tlant�/plant survey Northern long-eared bat Guidance hLtps://www.fws.lzov/asheville/htmls/Troject reviewNLEB in WNC.htmI Predictive Habitat Model for Aquatic Species htlps://www.fws.gov/asheville/htmls/Maxent/Maxent.html 08/16/2019 Event Code: 04EN 1 000-2019-E-01 360 New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could require modifications of these lists. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of the species lists should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website or the AFO website (the AFO website dates each county list with the day of the most recent update/change) at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list or by going to the AFO website. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a Biological Evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12 and on our office's website at https://www.fws.gov/asheville/htmis/project_review/assessment_guidance.html. If a Federal agency (or their non-federal representative) determines, based on the Biological Assessment or Biological Evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species, and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: http:// www.fws.gov/endangered/esa-librgI3L/Vdf/TOC-GLOS.PDF. Though the bald eagle is no longer protected under the Endangered Species Act, please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require additional consultation (see https://www.fws.gov/southeast/our-services/permits/eagles/). Wind energy projects should follow the wind energy guidelines(http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds (including bald and golden eagles) and bats. Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http:// 08/16/2019 Event Code: 04EN 1 000-2019-E-01 360 3 www.fws. o� rg atorybirds/CurrentBirdIssues/Hazards/towers/towers.htm; http://www.towerkill.com; and http://www.fws. omi rg atorybirds/CurrentBirdIssues/Hazards/ towers/comtow.html. We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment(s): • Official Species List • Migratory Birds • Wetlands 08/16/2019 Event Code: 04EN 1 000-2019-E-01 360 Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 (828) 258-3939 08/16/2019 Event Code: 04EN 1 000-2019-E-01 360 2 Project Summary Consultation Code: 04EN1000-2019-SLI-0416 Event Code: 04EN1000-2019-E-01360 Project Name: Partin Solar Project Type: POWER GENERATION Project Description: Solar farm development Project Location: Approximate location of the project can be viewed in Google Maps: https: www.google.com/mgps/Tlace/36.27127232058032N80.80857368531926W c«ek �y Counties: Surry, NC 08/16/2019 Event Code: 04EN 1 000-2019-E-01 360 3 Endangered Species Act Species There is a total of 3 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheriesl, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Mammals NAME Northern Long-eared Bat Myotis septentrionalis No critical habitat has been designated for this species. Species profile: https://ecos.fws. og v/ecp/species/9045 Flowering Plants NAME STATUS Threatened STATUS Schweinitz's Sunflower Helianthus schweinitzii Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws. og v/ecp/species/3849 Small Whorled Pogonia Isotria medeoloides Threatened No critical habitat has been designated for this species. Species profile: https:Hecos.fws. og v/ecp/species/1890 Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. 08/16/2019 Event Code: 04EN 1 000-2019-E-01 360 Migratory Birds Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle Protection Acts. Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Migratory Birds Treaty Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. NAME BREEDING SEASON Blue -winged Warbler Vermivora pinus Breeds May 1 to Jun This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation 30 Regions (BCRs) in the continental USA Cerulean Warbler Dendroica cerulea Breeds Apr 28 to Jul This is a Bird of Conservation Concern (BCC) throughout its range in the continental 20 USA and Alaska. https://ecos.fws. og v/eo/species/2974 08/16/2019 Event Code: 04EN 1 000-2019-E-01 360 NAME BREEDING SEASON Prairie Warbler Dendroica discolor Breeds May 1 to Jul This is a Bird of Conservation Concern (BCC) throughout its range in the continental 31 USA and Alaska. Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to Jul This is a Bird of Conservation Concern (BCC) throughout its range in the continental 31 USA and Alaska. Wood Thrush Hylocichla mustelina Breeds May 10 to This is a Bird of Conservation Concern (BCC) throughout its range in the continental Aug 31 USA and Alaska. Probability Of Presence Summary The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence (■) Each green bar represents the bird's relative probability of presence in the 1 Okm grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4-week months.) A taller bar indicates a higher probability of species presence. The survey effort (see below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high. How is the probability of presence score calculated? The calculation is done in three steps: 1. The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. 2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. 3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score. Breeding Season( ) 08/16/2019 Event Code: 04EN 1 000-2019-E-01 360 3 Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area. Survey Effort (1) Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the IOkm grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys. No Data (—) A week is marked as having no data if there were no survey events for that week. Survey Timeframe Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse. ■ probability of presence breeding season I survey effort — no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Blue -winged Warbler ------�+--� +++� +++— +�+------ --�� +�++---�--- BCC-BCR Cerulean Warbler _ BCC Rangewide (COI) Prairie Warbler — — — — ----4- ++++ jij„ -4- �— '�++ — — — — ---- BCC Rangewide (CON) Prothonotary** ��� ��� Warbler ------�+--� ITTT ++— +0+ Jill — — — — — — — — +—++ — — — — ---- BCC Rangewide (CON) Wood Thrush — — — — ----4- ++IN Jill IF —A +—++ — — — — ---- BCC Rangewide (COI) Additional information can be found using the following links: • Birds of Conservation Concern http://www.fws.gov/birds/management/managed-species/ birds-of-conservation-concern.php • Measures for avoiding and minimizing impacts to birds htip://www.fws.gov/birds/ mana e�project-assessment-tools-and-guidance/ conservation-measures.php • Nationwide conservation measures for birds http://www.fws. o� rg ato . bra irds/pdf/ management/nationwidestandardconservationmeasures.pdf 08/16/2019 Event Code: 04EN 1 000-2019-E-01 360 Migratory Birds FAQ Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures and/or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does IPaC use to generate the migratory birds potentially occurring in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCQ and other species that may warrant special attention in your project location. The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the IOkm grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle requirements may apply), or a species that has a particular vulnerability to offshore activities or development. Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the AKN Phenology Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets . Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. How do I know if a bird is breeding, wintering, migrating or present year-round in my project area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may refer to the following resources: The Cornell Lab of Ornithology All About Birds Bird Guide, or (if you are unsuccessful in locating the bird of 08/16/2019 Event Code: 04EN 1 000-2019-E-01 360 5 interest there), the Cornell Lab of Ornithology Neotropical Birds guide. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern: 1. 'BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); 2. 'BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and 3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle requirements (for eagles) or (for non -eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Loring. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC 08/16/2019 Event Code: 04EN 1 000-2019-E-01 360 6 use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources page. 08/16/2019 Event Code: 04EN 1 000-2019-E-01 360 Wetlands Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes. For more information please contact the Regulatory Program of the local U.S. Armorps of Engineers District. Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site. RIVERINE • R4SBC • R5UBH "cHr Or rtiF � ee ELDUFE w� United States Department of the Interior -t g g ' FISH AND WILDLIFE SERVICE • �9RCH 3 �aa Asheville Field Office ��•��`' 160 Zillicoa Street Suite #B Asheville, North Carolina 28801 November 29, 2018 Ms. Catherine Carston Pilot Environmental, Inc. PO Box 128 Kernersville, North Carolina 27285 Dear Ms. Carston: Subject: Listed Species Assessment, for Proposed 209-Acre Solar Array Site (Partin Solar Farm), adjacent to Elkin Wildlife Road, in Ekin, Surry County, North Carolina (Pilot Project No. 4143) On October 30, 2018, we received (via e-mail) your letter requesting our comments on the subject project. We have reviewed the information that you presented and the following comments are provided in accordance with the provisions of the National Environmental Policy Act (42 U.S.C.§ 4321 et seq.); the Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661-667e); the Migratory Bird Treaty Act, as amended (16 U.S.C. 703); and section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act). Project Description According to the information presented, your client is proposing to construct a solar array on a 209-acre site. A majority of the site is undeveloped and consists of mixed hardwood -pine forests that are about 25-30 years old. A small area of agricultural fields occurs in the southeastern corner of the site and a utility right-of-way crosses the northern portion of the site. A segment of Turkey Creek and several un-named tributaries to Turkey Creek occur on the site. There are about 2.5-acres of wetlands on the site. The wetlands are located primarily in the riparian zones adjacent to the on -site streams. Federally Listed Endangered and Threatened Species Though the project site contains suitable summer maternity roosting habitat for northern long- eared bat (Myotis septentrionalis), we concur with your conclusion that no known hibernacula occurs within'/4-mile of the site and no known summer roost trees occur within 150-feet of the site. The nearest known record for this species is about 60-miles from the project site. According to the new 4(d) rule implemented for the listing of northern long-eared bat, a cutting moratorium of June 1-July 31 is recommended within areas of habitat for this species. Because: 1) the project site is over 80-miles away from the nearest known occurrence; and 2) there is a Ms. Carston — Pilot Environmental, Inc. 2 large amount of suitable habitat in close proximity to the site and in the surrounding area, we concur with your "may affect— not likely to adversely affect" determination for this project. We recommend the cutting moratorium of June 1-July 31 be implemented into the plans if possible. Though a "not likely to adversely affect" determination would not be dependent on this action, the cutting moratorium is a measure that can be implemented to further reduce the probability of "take" of this species. We also concur with your "no effect" determination for all other federally listed species that are known to occur in Surry County. Therefore, we believe the requirements under section 7 of the Act are fulfilled. However, obligations under section 7 of the Act must be reconsidered if. (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered, (2) this action is subsequently modified in a manner that was not considered in this review, or (3) a new species is listed or critical habitat is determined that may be affected by the identified action. Wildlife Resources Although solar energy production is a fast-growing renewable energy source that can lessen overall impacts to natural resources when compared to conventional energy sources (coal, oil, gas, etc.), we believe solar farms can adversely affect valuable natural resources if they are not properly planned and constructed. Impacts to natural resources from the construction, operation, and maintenance of solar farms include: introduction of invasive species; use of herbicides; creation of large, clear open spaces; and barriers created from fencing. To offset the overall impacts of solar facilities and/or to increase the habitat and species diversity within the solar facility area, we further recommend the following measures be implemented into project design: 1. Sow native seed mixes with plant species that are beneficial to pollinators. Taller -growing pollinator plant species should be planted around the periphery of the site and anywhere on the site where mowing can be restricted during the summer months. Taller plants, not mowed during the summer, would provide benefits to pollinators, habitat to ground-nesting/feeding birds, and cover for small mammals. Low-growing/groundcover native species should be planted under the solar panels and between the rows of solar panels. This would provide benefits to pollinators while also minimizing the amount of maintenance, such as mowing and herbicide treatment. Using a seed mix that includes milkweed species (milkweed is an important host plant for monarch butterflies) is especially beneficial. The following Web site provides a comprehensive list of native plant species that benefit pollinators: http://www.xerces.oWlwp-content/uploads/2014/09/MidAtlanticPlantList web.pdf Additional information regarding site prep, plant species, seed mixes, and pollinator habitat requirements can be provided upon request. The Service and the North Carolina Wildlife Resources Commission have recently completed a guidance document titled "North Carolina Technical Guidance for Native Plantings on Solar Sites". That document is included as an attachment to our email along with this letter. We also offer our assistance with developing seed mixes that can be used in conjunction with fast growing erosion control seed mix for overall soil stability and pollinator benefits. Ms. Carston — Pilot Environmental, Inc. 3 2. Create openings in fencing to allow passage for small mammals and turtles. 3. If possible, the solar field should be designed with open areas spread throughout the project site and planted and maintained with taller pollinator -friendly plant species. This practice would benefit pollinators, create diversity throughout the site, and provide much -needed shelter islands to aid in the movement of small mammals and birds. 4. Create habitat for a diversity of species in "screening" areas. In all areas of the site where vegetative `screening' will be required, we recommend that a diverse selection of tree and shrub species be used to create a hedgerow type habitat structure. Hedgerows typically include a variety of tree and shrub species that vary in height, as opposed to hedges, which are usually made up of a single species in a closely spaced row. The resulting layers of plants mimic a woodland or forest edge, fulfilling different habitat functions for wildlife such as shelter, nesting sites, and food sources. Recent studies suggest that hedgerows generally support a higher diversity of pollinator species than surrounding landscapes, and provide a valuable forage resource and corridor for movement of pollinators. 5. Create and/or maintain forested riparian buffers (a minimum 50 feet wide along intermittent streams and 100 feet wide along perennial streams [or the full extent of the 100 year floodplain, whichever is greater]) along all aquatic areas. Within the watersheds of streams supporting endangered aquatic species, we recommend undisturbed, forested buffers that are naturally vegetated with trees, shrubs, and herbaceous vegetation and extend a minimum of 200 feet from the banks of all perennial streams and a minimum of 100 feet from the banks of all intermittent streams, or the full extent of the 100 year floodplain, whichever is greater.) Vegetated riparian buffers are vital to maintaining a healthy ecosystem. For pollinators, these areas can provide many important elements such as food sources, shelter, and nesting habitat. Most importantly, however, is these areas provide a water source for pollinators. A clean, reliable water source provides drinking and bathing opportunities for pollinators. Research indicates that vegetated riparian areas have a higher floristic diversity than other areas, and support more foraging pollinators than adjacent fields. By preserving or restoring vegetated aquatic buffers, solar sites can help increase water quality and quantity, and provide cover for pollinators to move safely between feeding, nesting, and watering areas. Un-interrupted/connected vegetated riparian buffers also provide safe travel corridors between nesting sites for greater dispersal and reproductive efforts. . 6. Provide nesting sites for pollinator species. Different pollinators have different needs for nesting sites. Therefore, we recommend designing the solar facility to maintain a diverse array of habitats to accommodate varied pollinators, from hummingbirds to butterflies to bees. Hummingbirds typically nest in trees or shrubs while many butterflies lay eggs on specific host plants. Most bees nest in the ground and in wood or dry plant stems. For additional information and actions that can be taken to benefit pollinators please visit the following Web site: http: //www. fws.goi�/pollinators/pollinatorpages/yourhelp. html. Ms. Carston — Pilot Environmental, Inc. 0 We appreciate the opportunity to provide comments on this project. Please contact Mr. Bryan Tompkins of our staff at 828/258-3939, Ext. 240, if you have any questions. In any future correspondence concerning this project, please reference our Log Number 4-2-19-054. Sincerely, - - original signed - - Janet Mizzi Field Supervisor Ms. Carston — Pilot Environmental, Inc. 5 Attachment 1— Sample Upland Meadow Seed Mix for NC Piedmont This is an example upland pollinator seed mix that is suitable for the project site. This list is not an all-inclusive list nor does a pollinator planting project need to include all of these species. I can help to customize a seed mix for the project area which could decrease costs if requested. 20% Indiangrass, NC Ecotype (Sorghastrum nutans, NC Ecotype) 18% Beaked Panicgrass, SC Ecotype (Panicum anceps, SC Ecotype) 14% Little Bluestem, Piedmont NC Ecotype (Schizach)rium scoparium, Piedmont NC Ecot e • 10% Virginia Wildrye, PA Ecotype (Elymus virginicus, PA Ecotype) • 6% PpMletop, Southeastern VA Ecotype {Tridens flavus, Southeastern VA Ecotype • 3% Bigtop Lovegrass, VA Ecotype (Eragrostis hirsuta, VA Ecotype) • 3% Blackeyed Susan, Coastal Plain NC Ecotype (Rudbeckia hirta, Coastal Plain NC Ecot)Te 2.5% Sensitive Pea, NC Ecotype (Chamaecrista nictitans, NC Ecotype 2% Lanceleaf Coreopsis, Coastal Plain NC Ecotype (Coreopsis lanceolata, Coastal Plain NC Ecotype) 2% Spiked Wild Indigo, NC Ecotype (Baptisia albescens, NC Ecotype) 2% Winter Bentgrass, NC Ecotype LAgrostis hyemalis, NC Ecotype) 2% Slender Bushclover, VA Ecotype (Lespedeza virginica, VA Ecotype) 2% Scaly Blazing Star, VA Ecotype (Liatris squarrosa, VA Ecotype) 2% Appalachian Beardtongue, SC Ecotype (Penstemon laevigatus, SC Ecotype) 2% Wild Quinine, NC Ecotype (Parthenium integrifolium, NC Ecotype) 2% Slender Indiangrass, NC Ecotype (Somhastrum elliottii, NC Ecotype) 1% Grassleaf Blazing Star, NC Ecotype (Liatris graminifolia (L. pilosa), NC Ecotype) 1 % Mistflower, VA Ecotype (Eupatorium coelestinum (Conoclinium c.), VA Ecotype) 1% Splitbeard Bluestem, VA Ecotype (Andropogon ternarius, VA Ecotype) 1% Spotted Beebalm, Coastal Plain SC Ecotype (Monarda punctata, Coastal Plain SC Ecotype) 1% Orange Coneflower, Northern VA Ecotype (Rudbeckia fulgida var. fulgida, Northern VA Ecotype) • 0.5% Late Purple Aster, NC Ecotype (Aster patens, NC Ecotype) • 0.5% Wild Indigo, Coastal Plain SC Ecotype (Baptisia tinctoria, Coastal Plain SC Ecot)Te • 0.5% Anise Goldenrod, GA Ecotype {Solidago odora, GA Ecotype] • 0.5% Gray Goldenrod, VA Ecotype (Solidago nemoralis, VA Ecotype) • 0.5% SwampNarrowleaf) Sunflower, Coastal Plain NC Ecotype (Helianthus angustifolius, Coastal Plain NC Ecotype) Total: 100% Ms. Carston — Pilot Environmental, Inc. 0 Attachment 2 — Sample Riparian Area Seed Mix • Agrostis perennans Autumn bentgrass 11 % • Andropogon gerardii Big Bluestem 7% • Elymus canadensis Canada wild rye 2% • Elymus virginicus Virginia wild rye 15% • Juncus effusus Soft Rush 4% • Panicum virgatum Switchgrass 11 % • Schizachyrium scoparium Little Bluestem 5% • Sorghastrum nutans Indiangrass 6% • Tridens flavus Purple top 1 % • Tripsacum dactyloides Eastern Gamagrass 6% • Achillea millefolium Common yarrow 3% • Asclepias tuberosa Butterfly weed 1 % • Bidens aristosa Bidens 3% • Chamaecrista fasciculata Partridge pea 2% • Coreopsis lanceolata Lanceleaf Coreopsis 7% • Echinacea purpurea Cone flower 1 % • Gaillardia pulchella Indian blanket 2% • Helianthus angustifolius Swamp sunflower 1 % • Helianthus maximilianii Maximilian's sunflower 1 % • Monarda punctata Spotted beebalm 1 % • Rudbeckia hirta Blackeyed Susan 7% • Senna hebecarpa Wild senna 1 % • Symphyotrichum pilosum Heather aster 1 % • Verbena hastata Blue vervain 1% Total 100% Seren Homer From: Tompkins, Bryan <bryan_tompkins@fws.gov> Sent: Friday, July 19, 2019 9:02 AM To: Seren Homer Subject: Re: [EXTERNAL] 4143.3- Partin Solar- Request for Review and Comment (Surry County) Good morning Seren. The USFWS has reviewed the information that you provided in your June 25, 2019 email. Your letter indicates that the proposed Partin Solar Project (originally proposed as a 229-acre project) has been expanded. The new project site now includes an additional 209-acres that is adjacent to the original acreage bringing the total acreage of the project site to 434-acres. The newly proposed acreage consists primarily of forested areas with some open agricultural fields interspersed throughout the site. Several un-named streams occur on the site. We reviewed the originally proposed 229-acre site and provided comments to you on November 29, 2018. We have reviewed the newly proposed acreage and species assessment information included with your letter. Our current review of the proposed additional acreage is not changed from our original letter/comments. We concur with the listed species determinations as included in your proposal and our comments remain the same as included in our November 29, 2018 letter. Therefore, we believe the requirements under section 7 of the Endangered Species Act (Act) are fulfilled. However, obligations under section 7 of the Act must be reconsidered if: (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered, (2) this action is subsequently modified in a manner that was not considered in this review, or (3) a new species is listed or critical habitat is determined that may be affected by the identified action. We ask that you refer to our June 14, 2017 letter for additional comments and recommendations for measures to benefit pollinators and minimize the impacts of the project. We appreciate the opportunity to review the project proposal. We ask that you refer to our November 29, 2018 letter for recommendations to minimize the impacts associated with the removal of forested areas for the construction of the project and to preserve forested riparian buffers along the streams within the project site. If you have any questions or if I can be of assistance in any way, please do not hesitate to contact me. Bryan Tompkins US Fish and Wildlife Service 160 Zi I I icoa Street Asheville, North Carolina 28801 828/258-3939 ext.240 (office) 828/450-7586 (cell) North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Secretary Susi H. I Ia nilton November 26, 2018 Catherine Carston Pilot Environmental, Inc. PO Box 128 Kernersville, NC 27285 Office of Archives and History Deputy Secretary Kevin Cherry Re: Construct Partin Solar Farm, Elkin Wildlife Road, Elkin, PEI 4143, Surry County, ER 18-3430 Dear Ms. Carston: Thank you for your letter of October 30, 2018, concerning the above project. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579 or environmental.review&ncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, 67,Ramona M. Bartos Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 807-6570/807-6599 COUNTY: SURRY NORTH CAROLINA STATE CLEARINGHOUSE DEPARTMENT OF AoxivisTRATION INTERGOVEANN$NTAL REVIEN H11:ENERGY RELATED FACILITIES/ACTIVITIES MS RENEE GLEDHILL-EARLEY CLEARINGHOUSE COORDINATOR DEPT OF NATURAL & CULTURAL RESOURCE STATE HISTORIC PRESERVATION OFFICE MSC 4617 - ARCHIVES BUILDING RALEIGH NC REVIEW DISTRIBUTION DEPT OF AGRICULTURE DEPT OF ENVIRONMENTAL, QUALITY DEPT OF NATURAL & CULTURAL RESOURCE DEPT OF 'TRANSPORTATION ONCR - NATURAL HERITAGE PROGRAM DPS - DIV OF EMERGENCY MANAGEMENT PIEDMONT TRIAD REGIONAL COUNCIL Received: STATE NUMBER, 19-E-4600-0265 DATE RECEIVER: 06/20/2019 AGENCY RESPONSE: 07/17/2019 REVIEW CLOSED; 07/22/2019 07/ 11 /20 i 9 State Historic Preservation Office PROJECT INFORMATION APPLICANT: North Carolina Department of Commerce TYPE, State Environmental Policy Act Environmental Review a Project previously reviewed and cleared. DESC: Application of Partin Solar, LLC for Certificate to construct a 50 MW Solar Facility in Surry Co, Docket #SP--17123, Sub 0. - View document at http:/Istarwl.ncuc.net/NCUC/portal/ncuc/page/Dockets/portal.aspx, Type SP-17123 Sub 0 in the Docket Number search line. Located between 1-77 and Elkin Wildlife Road, Surry County, NC 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. if additional review time is needed, please contact this office at t919j807--2425. AS A RESULT OF THIS REVIEW THE FOLLOWING IS SUBMITTED: n NO COMMENT ❑ COMMENTS ATTACHED SIGNED BY: DATE: 'I! 0 U J 4 LL LL 0 r C7 CN r