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. N C
Wetland Map
Partin Solar
Approximate 225-Acre Tract
Elkin, Surry County, NC
Pilot Project 4143.3
Appendix D
•••• Isa y W tyuee vaenPu �y� ue�giuwvap �ylga�—em— W e ep�r�y�
m 3 0 3 PST# 557155 -LI9IHXI E)NISS0210 0
Z 3SVHd - IN90S NIlbb'd m
w NOISIA 3iHIIH.bibxy, c3zb99seceiHI
9N "' d �l b J S N O W W I 1
of [09[z M�a, I — a"'' "" Allah. 0i b5 •
3I910 H0131tlL SyHO H9HOHF143A31HOtl —A•
3H1i aea—dswA—SiHi • •
0 Owa >LL
LU
awU
O z�
a Q J _ >
w�D0- vaaz Q�
� Q =w
�❑ -< wwa❑ 00
8< QO w Q w 00 O m a
�Q acnzw QO~Q
0'wJ�zznw�W
W�wJwOOOJO�QO Lu
o
Opp=zU~Q=ZOYQ=zQ
cje U) Q Qp Ir 02'Hm Q:MI O<Em,N W
m
O> z O a a Z O O z a O m On o0
� J a w aLLa a O� a n~ te n o
Luce 0001-_I 1-00wQOOZ4 �< o
WO'=(JOO=Q=Oo JJUOz� ` Q
�atnwOO���00wazOQN �
0
Z � N r v
U Q O O O
Q z O O
w Q N 10
W M 00 Q
J M N z
U)
W Q
J to a
m CSC)
o< Q <
W W�
a cje ❑
U W z
Q
a w LU 0
� ❑ Z � J
z
_ a Q Z O w
O < z Q
l w
U Z w
a < a
LU
w
a
W
i
z
g
U
Z_
U)
U)
0
U
LO
O
LU
0
w
z
Y z
wcn�
M Lu0
Ow
0 ❑ w
(D J
H Q >
z 0
Oc7U)
�
U)
w
J
C ) z a
H
O
0O
Xw
w ❑
Oa
❑
a
�ww
o
0
w
U)
wU=
JzU
aLU
0
�:::,OQ
OQ
rn a�
O 0
0) 0)
LO
0) 0)o
n
oS of rn rn 0) (D w 0)
zo
Ua
U) w O
o LO O LO O LO V
o) o) o) o) M o)
1111iaRM
1111l11111111111111111111
111111111611l
l
l i
l l':l1111111111
�
1111�
1111111�111�1111111111l111®
Illllllllllll��lllllllllil`a'-.'i
1111�
1111111111l1111111111111"1®
IIIIIIIIIIIIIIIIIl111111111�1�1®
111111111111111111111111111
�
111®
LO o LO o LO o LO v U ytfd
0 o rn rn oo oi oi rn rn
9000f Aq I LNd Ob:b LZOZ/6L/9 OO P-11-ldI B-P538S-00'LX3-SOO'99bSb\I!9!Hx3\IaaHS\OMD\IOIOS OIPOd-900'99b6b\L69\006\a7f
•••• Isa y W tyuee vaenPu �y� ue�giuwvap �ylq� W e ep�r�y�
P�Z# 557155 lIOIHXI E)NISSOIO o
%NI 01 H1- FAIN I100 NO—H—N
Z 3SVHd - d'u9OS NII'dVd
w
w d=la Ho'b xy, Isdd s9s d16,3I ' d n O b J S N O W W I 1
of_Z2 3N M46�alen I — a"''"" 11-1l 0i b5 •
33Id10 H9131tlL SyHO H9HOHF143A31HOtl NOISIA —A•
3HI 1tl —Vd3dd 9N1 A— S1H1 • 0 •
U
ULL, Of
: 0 ¢F o
O QO
_
O
Q
Q
Z
o
0
o
O
of Z< . LL o x
O O D O F
�W Z Z N
/+
O
O
W J F
a w - < T � < M, z<
LO
N
LLLO
Z
N
M
N
ULLaw =F
zW d U-
z
���
10p6
/�Oti( z-
o
- :OE
OU ' J W a W ~ W w z l w
—�� ��
OOXX o00o Loo
_
O Oc0 ^O0o/// X
poo 996 w -
w
J
CO
V
_
N
z
�0�(n�Q QLL'FD Oz
oa�7�� aUpOU)
z
O1+0
-coo
W
J
U
O¢¢ 0wo¢- a a'co Of
-
rn - x$A;
(1B+�i ^1
0 it
o
m
a
c~j
�w�z0a���Ozoi�o0
a<Of Ow ��z��O�zLL
_— p—\
11
JO
Q
d
�O
OODO�QZYQ
Oz
W
U
Zo
W
OO
FQ 0 }FLLL<N
Q Q
O
LO�L,Qm
U)
dCL
H
O jZLLOO�Z _W 0WaZ QLL0
LLM
n
(�
Q
W
n
U)
wr¢00�00 znOF
l IQU(nO
D
— O.=
z
O
()
Z_
In
F-
Lu
0
Z (V m v
U) +o
N - b00 V_ - LL x
p
U
H
J
O
H
-� C7
_-
LL �3
U
d
w
Z
Z
q0[- - o
of
Q
O
z
Z
z
Q
X O
w
m z �OZOI x
-- UJ
—
L`L�
C
a
z
Q
W
-- o
+
> - o
a
c
W
a
O W
co
Q
U
U)
W
I
LL
O
ry
Oa
co O
OLO Ln O 0 0 LO O LO O C0
O O 0 O O 0) 0) C0 C0 I�
0) 0) 0) 0) 0)
W
n
�<
o ry
aU)
� w
aU
U
J Q
U
6
N
O
O
0)
0)
O
O
O
O
O
D)
D)
0)
0) 0)
O
O
L()
O
M
O
O
N
O
O
O
O
o
O
o
O
LO
0)
O Co
0) �o
0)
0) 0)
T
al o0 9000f Aq I LNd 6£:b LZOZ/6L/9 10 P81101d MP'90215-00'ZX3-S00'99bSb\I!9!9x3\}aay5\O,NO\�olo5 -lP-
�
P I L O T ENVI RON M E N T A L. 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