20220085 Ver 1_ePCN Application_20220114

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Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
December 6, 2021 Ver 4.2
Initial Review
Has this project met the requirements for acceptance in to the review process?*
Yes
No
Is this project a public transportation project?*
Yes No
Change only if needed.
BIMS # Assigned*
20220085
Is a payment required for this project?
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Mooresville Regional Office - [phone]
Information for Initial Review
1a. Name of project:
Blackburn Solar
1a. Who is the Primary Contact?*
John Crosby
1 b. Primary Contact Email:
[e-mail]
Date Submitted
1/14/2022
Nearest Body of Water
South Fork Catawba River
Basin
Catawba
Water Classification
WS-V
Site Coordinates
Latitude:
35.581115
A. Processing Information
County (or Counties) where the project is located:
Catawba
Is this a NCDMS Project
Yes No
Longitude:
-81.295365
Is this project a public transportation project?*
Yes No
1a. Type(s) of approval sought from the Corps:
Section 404 Permit (wetlands, streams and waters, Clean Water Act)
Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Version# *
1
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Doug Perez:eads\djperez
1c. Primary Contact Phone:*
[phone]
u

Has this PCN previously been submitted?*
Yes
No
1 b. What type(s) of permit(s) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
14
1d. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
14 - Linear transportation
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
1f. Is this an after -the -fact permit application?*
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1 h. Is the project located in any of NC's twenty coastal counties?
Yes No
1j. Is the project located in a designated trout watershed?
Yes No
B. Applicant Information
1d. Who is applying for the permit?
Owner Applicant (other than owner)
le. Is there an Agent/Consultant for this project?
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
See Appendix C: Approved Jurisdictional Determination with PCN for full list.
2b. Deed book and page no.:
2c. Contact Person:
Natalie Flinn
2d.Address
Street Address
700 Universe Blvd
Address Line 2
City
Juno Beach
Postal / Zip Code
33408
2e. Telephone Number:
[phone]
2g. Email Address:
Natalie. [e-mail]
401 Water Quality Certification - Express
Riparian Buffer Authorization
State / Province / Region
Florida
Country
United States
2f. Fax Number:
Yes No
Yes No
U

3. Applicant Information (if different from owner)
3a. Name:
Natalie Flinn
3b. Business Name:
Blackburn Solar, LLC
3c.Address
Street Address
700 Universe Blvd
Address Line 2
City
Juno Beach
Postal / Zip Code
33408
3d. Telephone Number:
[phone]
3f. Email Address:"
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
John Crosby
4b. Business Name:
ERM
4c.Address
Street Address
235 Magrath Darby Blvd
Address Line 2
City
Mt. Pleasant
Postal / Zip Code
29464
4d. Telephone Number:
[phone]
4f. Email Address:"
John. [e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Lincolnton
2. Project Identification
2a. Property Identification Number:
361601499954,361704615203,
361704739646,and 361602782925
2c. Project Address
Street Address
5354 Hickory Lincolnton HWY
Address Line 2
City
Lincolnton
Postal / Zip Code
28092
3. Surface Waters
State / Province / Region
Florida
Country
United States
3e. Fax Number
State / Province / Region
South Carolina
Country
United States
4e. Fax Number
2b. Property size:
701
State / Province / Region
North Carolina
Country
United States
3a. Name of the nearest body of water to proposed project:
South Fork Catawba River

3b. Water Resources Classification of nearest receiving water:*
WS-V
3c. What river basin(s) is your project located in?*
Catawba
3d. Please provide the 12-digit HUC in which the project is located.
030501020403
4. Project Description and History
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: *
Blackburn Solar, LLC (Blackburn Solar) is proposing to construct a series of access roads necessary for the safe movement of vehicles throughout the proposed Blackburn Solar power
generation facility (Project). The proposed 701-acre Project consist of four contiguous tax parcels (361601499954, 361704615203, 361704739646, and 361602782925) in Catawba
County, North Carolina (Site; Appendix A - Figure 1). Current Site conditions consist of agricultural fields, active cattle pasture, silviculture, and mixed hardwood forested areas associated
with the floodplain of the South Fork Catawba River which flows along the eastern boundary of the Site. A United States Army Corps of Engineers (USACE) Approved Jurisdictional
Determination (AJD) was finalized on September 13, 2021 which confirmed the presence of 13 intermittent streams, 10 perennial streams, and 14 wetlands throughout the proposed Site
(Figure 6).
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?
Yes No Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
15.1
4g. List the total estimated linear feet of all existing streams on the property:
30,342
4h. Explain the purpose of the proposed project:
The purpose and need of the Project is to build a series of access roads throughout a proposed new solar power generation facility and allow the safe movement of vehicles to all portions
of the Site. The proposed series of access roads would ensure the neighboring properties safety in the event of an emergency by minimizing response times through quick access to all
portions of the proposed Site. The proposed facility would produce up to 58 MW of AC power of renewable energy into the local electrical grid.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
See details in attached Pre -Construction Notification
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No Unknown
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
SAW-2021-00117
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Kristyn Klecko
Agency/Consultant Company: ERM
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
6. Future Project Plans
6a. Is this a phased project?*
Yes 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?
Transmission Line has not been developed; however, plans are to avoid any impacts.
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries Buffers
Open Waters Pond Construction
2. Wetland Impacts

2a1 Reason (?)
De -watering
2b. Impact type*(?)
T
2c. Type of W.
ff-mland Hardwood Forest
2d. W. name*
W 8
2e. Forested *
Yes
2f. Type of Jurisdicition *2g_
(?)
Corps
Impact
area
0.020
(acres)
F-7
De -watering
L
Seep 7�
W 4
Yes
Corps
0.010
(acres)
2g. Total Temporary Wetland Impact
0.030
2g. Total Wetland Impact
0.030
2g. Total Permanent Wetland Impact
0.000
2i. Comments:
Impacts associated with Wetlands 8 and Wetland 4 are temporary impacts associated with the de -watering of streams to install culverts "in the dry". No
machinery or fill will be within the boundaries of these wetlands.
3. Stream Impacts
11
3a. Reason for impact (?)
3b.lmpact type*
3c. Type of impact*
3d. S. name* ��3e.
Stream Type*
3f. Type of
3g. S. width*
3h. Impact
?)
Jurisdiction*
length*
S7
Culverted Crossing
9
Permanent
Culvert
Perennial Stream 1
Perennial
Corps
P
12
111
Average (feet)
Qinear feet)
gy
Culverted Crossing
Temporary
Dewatering
Perennial Stream 1
Perennial
Corps
12
100
Average (feet)
Qinear feet)
S3
Culverted Crossing
Permanent
Culvert
Perennial Stream 2
Perennial
Corps
146
Average (feet)
Qinear feeQ
[S4
Culverted Crossing
Temporary
Dewatering
Perennial Stream 2
Perennial
Corps
105
Average (feeQ
Qinear feet)
SS
Culverted Crossing
Permanent
Culvert
Perennial Stream 5
Perennial
Corps
87
Average (feeQ
Qinear feet)
S6
Culverted Crossing
Temporary
Dewatering
Perennial Stream 5
Perennial
Corps
121
Average (feeQ
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
344
3i. Total stream and ditch impacts:
670
3j. Comments:
Impact details can be seen within Appendix A and Appendix B of the PCN.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
3i. Total temporary stream impacts:
326
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Project workspaces are designed to be the minimum size needed to accommodate construction equipment and safe working areas. The workspaces
have been reduced in streams to the minimum width necessary to accommodate one-way vehicular travel. Project construction minimization measures
were designed to minimize permanent impacts to be smaller than the general and regional condition thresholds of 0.1 acres (wetlands) or 150 linear feet
(streambed).
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
All construction activity will be done in the dry to prevent degradation of down stream waters. All equipment will be operated from upland areas and
maintained no less than 100 feet from any Waters of the U.S.
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?
Yes
No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
Project workspaces are designed to be the minimum size needed to accommodate construction equipment and safe working areas. The workspaces have been reduced in streams to the
minimum width necessary to accommodate one-way vehicular travel. Project construction minimization measures were designed to minimize permanent impacts to be smaller than the
general and regional condition thresholds of 0.1 acres (wetlands) or 150 linear feet (streambed).
u

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?
Yes No
If no, explain why:
This project does not impact areas within a NC Riparian Buffer Protection Rule.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?
Yes No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
Yes No
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program?
Yes No
N/A - project disturbs < 1 acre
2d. Which of the following stormwater management program(s) apply:
Local Government State
State Stormwater Programs
Phase II Coastal Counties
HWQ or ORW Other
Comments:
G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
Yes No
2. Violations (DWR Requirement)
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)?*
Yes No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
Yes No
3b. If you answered "no," provide a short narrative description.
BMP's will be in place surrounding all Waters of the U.S. to ensure that down -stream degradation does not occur.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
Yes No N/A
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?*
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
Yes No
5c. If yes, indicate the USFWS Field Office you have contacted.
Asheville
5d. Is another Federal agency involved?*
Yes No Unknown

5e. Is this a DOT project located within Division's 1-8?
Yes No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
Yes No
5g. Does this project involve bridge maintenance or removal?
Yes No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
Yes No
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.?
Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
A letter containing a habitat assessment and species specific surveys was submitted to the USFWS on March 3, 2021 (Appendix D of PCN). USFWS
responded on April 5, 2021 that the project would have "no effect".
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?
Yes No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?"
Essential Fish Habitat Mapper, NOAA
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?*
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
North Carolina Department of Natural and Cultural Resources Correspondence. HPOWEB 2.0. NRHP
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
Yes No
8c. What source(s) did you use to make the floodplain determination?*
Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps 3719360600K, 3710362600K, and 3719362700J.
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.
Click the upload button or drag and drop files here to attach document
Blackburn Solar PCN for NWP 14 SAW-2021-00117 .pdf 14.87MB
File must be PDF or KMZ
Comments
A completed PCN form, supplemental information, construction site plans, USACE approved jurisdictional determination, threatened and endangered species consultation letters, and
SHPO correspondence letter can be found in the attached PCN for NWP 14. As provided in this PCN, the proposed Project has been designed to avoid Waters of the U.S.
(WOTUS) with the exception of the four proposed culverted road crossings within three perennial streams and two wetland areas. The proposed construction of the Blackburn Solar Site is
anticipated to start construction in Spring 2022. Please consider the enclosed information as the Blackburn Solar PCN package. We appreciate your review of the provided materials and
verification of the NWP, pursuant to the Section 404 of the Clean Water Act. We look forward to your feedback; please do not hesitate to call me if you have any questions.
Signature
By checking the box and signing below, I certify that:
• 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 NC General Statutes (the "Uniform Electronic Transactions Act");
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
• I intend to electronically sign and submit the PCN form.
Full Name:
John Crosby
Signature

Date
1/14/2022

ERM 300 WSummitAvenue FTelehone: [phone]
Suite 330
Charlotte, NC 28203 erm.com
14 January 2022
U.S. Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
Reference: Blackburn Solar Site: SAW-2021-00117
Dear Delegated Project Manager,
Environmental Resources Management (ERM) on behalf of Blackburn Solar, LLC is providing the
attached information to support a Nationwide Permit (NWP) 14 — Linear Transportation Projects
Pre -Construction Notification (PCN) associated with the proposed development of access roads
necessary for the movement of safety vehicles throughout a proposed solar photovoltaic (PV)
generation facility (Project) located on private land in Catawba County, North Carolina. The
proposed Project consists of 701 acres and would be developed within tax parcel numbers
361601499954, 361704615203, 361704739646, and 361602782925 (Site) (Attachment 2,
Appendix A).
The proposed Project would consist of a network of solar arrays estimated to produce 58
megawatts (MW) of renewable energy to the electrical grid. This facility would include a system of
maintenance roads designed to access each phase of the Project and its associated transformers,
circuit breakers, junction boxes, and connection cabling throughout the Site. The proposed solar
facility would be constructed within upland areas; however, four culverted crossings associated
with Site access are proposed to ensure the safe movement of vehicles throughout the Site
(Attachment 2, Appendix B). The proposed Project would result in the loss of waters detailed in
Table 2-1 (Attachment 2); however, no individual crossing would impact over 0.1 acre of wetlands
or over 150 linear feet of streambed.
As provided in this PCN, the proposed Project has been designed to avoid Waters of the U.S.
(WOTUS) with the exception of the four proposed culverted road crossings within three perennial
streams and two wetland areas. The proposed construction of the Blackburn Solar Site is
anticipated to start construction in Spring 2022. Please consider the enclosed information as
Blackburn Solar PCN package. We appreciate your review of the provided materials and
verification of the NWP, pursuant to the Section 404 of the Clean Water Act. We look forward to
your feedback; please do not hesitate to call me if you have any questions.
Sincerely,
Trey Trickett, CAE (ERM) John Crosby, CWB (ERM)
Consultant 11 Senior Consultant
Page 1 of 2

14 January 2022
Page 2 of 2
Attachments:
(1) Nationwide Permit 14 Joint Application Form, U.S. Department of Army, Corps of
Engineers, NC Department of Environmental Quality
(2) Pre -Construction Notification Supplemental Information for Nationwide Permit 14
■ General and Regional Conditions (Section 5)
■ Appendix A: Project Mapping
■ Appendix B: Construction Site Plans
■ Appendix C: Approved Jurisdictional Determination
■ Appendix D: USFWS IPaC Report
■ Appendix E: USFWS Correspondence Letter
■ Appendix F: North Carolina Historic Preservation Office Correspondence

Attachment 1:
Nationwide Permit 14 Joint Application Form

o`1�F W a rq
I 1 T.
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
Pre -Construction Notification (PCN) Form
A.
Applicant Information
1.
Processing
1 a.
Type(s) of approval sought from the Corps:
❑X Section 404 Permit ❑ Section 10 Permit
1 b.
Specify Nationwide Permit (NWP) number: 14 or General Permit (GP) number:
1 c.
Has the NWP or GP number been verified by the Corps?
❑ Yes ❑X No
1 d.
Type(s) of approval sought from the DWQ (check all that apply):
❑X 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
❑ Yes ❑X No
For the record only for Corps Permit:
❑ Yes ❑X No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank
or in -lieu fee program.
❑ Yes ❑X No
1 g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 In
below.
❑ Yes ❑X No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes ❑X No
2.
Project Information
2a.
Name of project:
Blackburn Solar Project
2b.
County:
Catawba
2c.
Nearest municipality / town:
Maiden, NC
2d.
Subdivision name:
N/A
2e.
NCDOT only, T.I.P. or state project no:
N/A
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Blackburn Solar, LLC
3b.
Deed Book and Page No.
3c.
Responsible Party (for LLC if
applicable):
NextEra Energy Resources
3d.
Street address:
700 Universe Blvd.
3e.
City, state, zip:
Juno Beach, FL 33408
3f.
Telephone no.:
561-386-5211
3g.
Fax no.:
3h.
Email address:
Natalie. [e-mail]
Page 1 of 10
PCN Form — Version 1.4 January 2009

4.
Applicant Information (if different from owner)
4a.
Applicant is:
❑X Agent ❑ Other, specify:
4b.
Name:
4c.
Business name
(if applicable):
4d.
Street address:
4e.
City, state, zip:
4f.
Telephone no.:
4g.
Fax no.:
4h.
Email address:
5.
Agent/Consultant Information (if applicable)
5a.
Name:
John Crosby
5b.
Business name
(if applicable):
Environmental Resources Management (ERM)
5c.
Street address:
235 Magrath Darby Blvd, Suite 130
5d.
City, state, zip:
Mt. Pleasant, SC, 29464
5e.
Telephone no.:
404-275-8898
5f.
Fax no.:
5g.
Email address:
[e-mail]
Page 2 of 10

B.
Project Information and Prior Project History
1.
Property Identification
1a.
Property identification no. (tax PIN or parcel ID):
See Figure 1
1b.
Site coordinates (in decimal degrees):
Latitude: 35.581115 Longitude:-81.295365
1 c.
Property size:
701 acres
2.
Surface Waters
2a.
Name of nearest body of water to proposed project:
South Fork Catawba River
2b.
Water Quality Classification of nearest receiving water:
WS-V/WS-IV
2c.
River basin:
Catawba River Basin
3.
Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
Current site conditions consist of unmanaged mixed hardwood forests, managed pine plantations, wheat fields, and cattle pasture. General land uses
in the vicinity of the project consist mainly of agricultural production.
3b.
List the total estimated acreage of all existing wetlands on the property: 15.91
3c.
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 28,484
3d. Explain the purpose of the proposed project:
The completion of the proposed project would allow for maintenance and safety vehicles to quickly access the proposed solar generation facility and int
0
3e. Describe the overall project in detail, including the type of equipment to be used:
The proposed Project will consist of several solar array blocks designed to deliver solar generated energy to the local electrical grids. The facilities woul
0
4.
Jurisdictional Determinations
4a.
Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (includingall prior phases)in the past?
❑X Yes ❑ No ❑ Unknown
Comments:
4b.
If the Corps made the jurisdictional determination, what type
of determination was made?
❑ preliminary ❑X Final
4c.
If yes, who delineated the jurisdictional areas?
Name (If known): Krysta Stygar and Kristyn Klecko
Agency/Consultant Company: USACE/ERM
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
9/13/2021, See Appendix C
5.
Project History
5a.
Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
❑Yes ❑ No ❑X Unknown
5b.
If yes, explain in detail according to "help file" instructions.
6.
Future Project Plans
6a.
Is this a phased project?
❑ Yes ❑X No
6b.
If yes, explain.
Page 3 of 10
PCN Form — Version 1.4 January 2009

C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑X Wetlands ❑X Streams — tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
Wetland impact
number
Permanent (P) or
Temporary T
2b.
Type of impact
2c.
Type of wetland
2d.
Forested
2e.
Type of jurisdiction
Corps (404,10) or
DWQ (401, other)
2f.
Area of
impact
(acres)
W1 T
Draining
Hardwood Flat
Yes
Corps
0.02
W2 T
Draining
Seep
Yes
Corps
0.01
W3
Choose one
Choose one
Yes/No
W4
Choose one
Choose one
Yes/No
W5
Choose one
Choose one
Yes/No
W6
Choose one
Choose one
Yes/No
2g. Total Wetland Impacts:
0.03
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
Stream impact
number
Permanent (P) or
Temporary (T)
3b.
Type of impact
3c.
Stream name
3d.
Perennial (PER) or
intermittent (INT)?
3e.
Type of
jurisdiction
3f.
Average
stream
width
(feet)
3g.
Impact
length
(linear
feet)
S1 T
De -watering
Perennial Stream 1
PER
Corps
12
100
S2 P
Culvert
Perennial Stream 1
PER
Corps
12
111
S3 T
De -Watering
Perennial Stream 2
PER
Corps
3
105
S4 P
Culvert
Perennial Stream 2
PER
Corps
3
146
S5 T
De -Watering
Perennial Stream 5
PER
Corps
6
121
S6 P
Culvert
Perennial Stream 5
PER
Corps
6
87
3h. Total stream and tributary impacts
670
3i. Comments:
Impacts associated with stream crossings do not exceed 150 linear feet at any individual crossing (Attachment 2, Appendix B).
Page 4 of 10
PCN Form — Version 1.4 January 2009

4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then indivi ually list all open water impacts below.
4a.
Open water
impact number
Permanent (P) or
Temporary T
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
01
Choose one
Choose
O2
Choose one
Choose
03
Choose one
Choose
04
Choose one
Choose
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, the complete the chart below.
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
p1
Choose one
P2
Choose one
5f. Total:
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes 0 No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a. Project is in which protected basin?
❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other:
6b.
Buffer Impact
number —
Permanent (P) or
Temporary (T)
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet)
6g.
Zone 2
impact
(square
feet)
B1
Yes/No
B2
Yes/No
B3
Yes/No
B4
Yes/No
B5
Yes/No
B6
Yes/No
6h. Total Buffer Impacts:
6i. Comments:
Page 5 of 10

D.
Impact Justification and Mitigation
1.
Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Minimization efforts were made by using existing access roads to the maximum extent practicable and minimizing road widths. At each crossing road
widths are minimized to only allow one vehicle across at a time.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Down stream degradation is avoided through numerous BMP's that will be implemented during construction. De -watering will be executed so that work
can be performed in the dry and prevent down stream sedimentation. All equipment will be operated from upland areas to avoid temporary impacts
associated with rutting.
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?
❑ Yes ❑X No
2b.
If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
2c.
If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
El Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3.
Complete if Using a Mitigation Bank
3a.
Name of Mitigation Bank:
3b.
Credits Purchased (attach receipt and letter)
Type: Choose one
Type: Choose one
Type: Choose one
Quantity:
Quantity:
Quantity:
3c. Comments:
4.
Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b.
Stream mitigation requested:
linear feet
4c.
If using stream mitigation, stream temperature:
Choose one
4d.
Buffer mitigation requested (DWQ only):
square feet
4e.
Riparian wetland mitigation requested:
acres
4f.
Non -riparian wetland mitigation requested:
acres
4g.
Coastal (tidal) wetland mitigation requested:
acres
4h.
Comments:
5.
Complete if Using a Permittee Responsible Mitigation Plan
5a.
If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
PCN Form — Version 1.4 January 2009

6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
Yes X No
buffer mitigation?
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
6c.
6d.
6e.
Zone
Reason for impact
Total impact
Multiplier
Required mitigation
(square feet)
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 7 of 10

E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1 a.
Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ❑X No
within one of the NC Riparian Buffer Protection Rules?
1 b.
If yes, then is a diffuse flow plan included? If no, explain why.
No,
the project is not located within or adjacent to a protected riparian buffer.
❑ Yes ❑X No
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
5
2b.
Does this project require a Stormwater Management Plan?
❑X Yes ❑ No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why:
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
Stormwater
management would be achieved by disconnecting rows of solar panels and directing runoff over the vegetated areas between the rows.
Compaction of subsoil would be minimized during and after installation of solar arrays to allow the maximum amount of natural infiltration. If
compaction occurs during construction, subsoil would be tilled and amended to return the soil to its pre -compaction condition. Concentration of post -
construction stormwater would be avoided. Herbicides and fertilizers would be avoided. Revegetated areas would consist of warm and cool season
grasses
and stabilization efforts will be monitored until the a NPDES Notice of Termination (NOT) is filed. Vertical clearance to 10 feet or less would be
limited
to reduce scouring and erosion at the driplines. A formal Erosion and Sediment Control plan can be
furnished upon request.
2e.
Who will be responsible for the review of the Stormwater Management Plan?
NC DEQ
3.
Certified Local Government Stormwater Review
3a.
In which localgovernment's jurisdiction is thisproject?
Catawba County
❑ Phase II
❑ NSW
3b.
Which of the following locally -implemented stormwater management programs
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other:
3c.
Has the approved Stormwater Management Plan with proof of approval been
❑Yes ❑X No
attached?
4.
DWQ Stormwater Program Review
❑Coastal counties
❑HQW
4a.
Which of the following state -implemented stormwater management programs apply
❑ORW
(check all that apply):
❑Session Law 2006-246
❑X Other: NPDES General Permit No.d
4b.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑X No
attached?
5.
DWQ 401 Unit Stormwater Review
5a.
Does the Stormwater Management Plan meet the appropriate requirements?
❑X Yes ❑ No
5b.
Have all of the 401 Unit submittal requirements been met?
❑X Yes ❑ No
Page 8 of 10
PCN Form — Version 1.4 January 2009

F.
Supplementary Information
1.
Environmental Documentation (DWQ Requirement)
1 a.
Does the project involve an expenditure of public (federal/state/local) funds or the
❑ Yes ❑X No
use of public (federal/state) land?
1 b.
If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
El Yes ❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c.
If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
❑ Yes ❑ No
letter.)
Comments:
2.
Violations (DWQ Requirement)
2a.
Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
❑Yes ❑X No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b.
Is this an after -the -fact permit application?
El Yes ❑X No
2c.
If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3.
Cumulative Impacts (DWQ Requirement)
3a.
Will this project (based on past and reasonably anticipated future impacts) result in
❑Yes ❑X No
additional development, which could impact nearby downstream water quality?
3b.
If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4.
Sewage Disposal (DWQ Requirement)
4a.
Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
No
sewage will result from the development of this project.
Page 9 of 10
PCN Form — Version 1.4 January 2009

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
❑ Yes ❑X No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑X Yes ❑ No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
We initially used the USFWS IPaC data along with USFWS Designated Critical Habitat GIs layers to plan for our field surveys. Once this data was
collected we conducted field surveys and contacted the USFWS for their concurrence with our finding of "no effect" which was returned on 4/5/2021.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ❑X No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
Essential Fish Habitat Mapper, NOAA
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes ❑X No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
North Carolina Department of Natural and Cultural Resources Correspondence. HPOWEB 2.0. NRHP
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?
❑ Yes ❑X No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination?
ArcGIS Online FEMA Floodplain Layer
J
John Crosby
1-14-2022
Applicant/Agent's Printed Name
Date
Applicant/ ent's Signature
(Agent's signature is valid only if an authorization
letter from the applicant isprovided.)
Page 10 of 10

Attachment 2:
Pre -Construction Notification
Supplemental Information for Nationwide
Permit 14

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Blackburn Solar Project
U.S. Army Corps of Engineers—
Wilmington District,
Charlotte Regulatory Field Office
Pre-Construction Notification
Supplemental Information
for Nationwide Permit 14
Blackburn Solar, LLC
Catawba County, North Carolina
January 14, 2022
Prepared by:
Environmental Resources Management
i

Blackburn Solar, LLC
Blackburn Solar Project
TABLE OF CONTENTS
LISTOF TABLES......................................................................................................................................... II
APPENDICES...............................................................................................................................................
II
ACRONYMS AND ABBREVIATIONS........................................................................................................IV
1.0 PROJECT DESCRIPTION..............................................................................................................1
1.1 PURPOSE AND NEED.......................................................................................................1
1.2 LOCATION AND DESCRIPTION OF ACTIVITIES.............................................................1
1.3 CONSTRUCTION PROCEDURES...................................................................................2
2.0 IMPACTS AND MITIGATION..........................................................................................................
2
3.0 THREATENED AND ENDANGERED SPECIES............................................................................
3
3.1 FEDERALLY LISTED SPECIES.........................................................................................
3
4.0 HISTORIC PROPERTIES................................................................................................................4
5.0 COMPLIANCE WITH NATIONWIDE PERMIT 14 TERMS AND CONDITIONS ............................4
6.0 OTHER APPLICABLE PERMITS...................................................................................................
8
7.0 REFERENCES.................................................................................................................................8
List of Tables
Table 2.1-1: Wetland Impacts.......................................................................................................2
Table 5.0-1: Compliance with Nationwide Permit General Conditions.........................................4
Table 5.0-2: Compliance with Nationwide Permit 14 Regional Conditions...................................6
Appendices
Appendix A Project Mapping
Figure 1 Site Aerial Map
Figure 2 USGS Topographic Map
Figure 3 USDA Site Soils Map
Figure 4: NHD and NWI Map
Figure 5: FEMA Floodplain Map
Figure 6: Wetland Delineation Map
Figure 7-7d: Impact Maps
Appendix B Construction Site Plans
Appendix C Approved Jurisdictional Determination
Appendix D USFWS IPaC Report
Appendix E USFWS Correspondence Letter
Appendix F North Carolina Department of Natural and Cultural Resources Correspondence

Acronyms and Abbreviations
Blackburn Solar
Blackburn Solar, LLC
BMP
Best Management Practices
CPCN
Certificate of Public Convenience and Necessity
ERM
Environmental Resources Management
ESA
Endangered Species Act of 1973
FEMA
Federal Emergency Management Agency
HDPE
High Density Polyethylene
IPaC
Information for Planning and Conservation
NCUC
North Carolina Utilities Commission
NCWRC
North Carolina Wildlife Resources Commission
NLEB
Northern long-eared bat
NPDES
National Pollutant Discharge Elimination System
NWI
National Wetland Inventory
NWP
Nationwide Permit
PCN
Pre -Construction Notification
PEM
Palustrine emergent wetland
PFO
Palustrine forested wetland
PNA
Primary Nursery Area
PSS
Palustrine shrub scrub wetland
Project
Development of a solar power generation facility
PV
Photovoltaic
SHPO
North Carolina State Historic Preservation Office
Site
The 701-acre site consisting of four contiguous tax parcels (361601499954,
361704615203, 361704739646, and 361602782925) in Catawba County,
North Carolina
USACE
U.S. Army Corps of Engineers — Wilmington District
USDA
U.S. Department of Agriculture
USFWS
U.S. Fish and Wildlife Service
USGS
U.S. Geological Survey
WOTUS
Waters of the United States
WQC
Water Quality Certification

Pre -Construction Notification for Nationwide Permit 14
U.S. Armv Corps of Enqineers—Wilminqton District
PROJECT DESCRIPTION
Blackburn Solar, LLC (Blackburn Solar) is proposing to construct a series of access roads necessary for
the safe movement of vehicles throughout the proposed Blackburn Solar power generation facility (Project).
The proposed 701-acre Project consist of four contiguous tax parcels (361601499954, 361704615203,
361704739646, and 361602782925) in Catawba County, North Carolina (Site; Appendix A - Figure 1).
Current Site conditions consist of agricultural fields, active cattle pasture, silviculture, and mixed hardwood
forested areas associated with the floodplain of the South Fork Catawba River which flows along the
eastern boundary of the Site. A United States Army Corps of Engineers (USACE) Approved Jurisdictional
Determination (AJD) was finalized on September 13, 2021 which confirmed the presence of 13
intermittent streams, 10 perennial streams, and 14 wetlands throughout the proposed Site (Figure 6).
The proposed Project would consist of several solar array blocks made up of solar photovoltaic (PV) panels
estimated to produce 58 megawatts (MW) of renewable energy. This facility would include a system of
maintenance roads designed to access each phase of the Project and its associated transformers, circuit
breakers, junction boxes, and connection cabling. The proposed solar facility would be constructed within
upland areas; however, four culverted crossings are necessary to provide access and ensure the safe
movement of vehicles throughout the Site (Appendix B). The proposed Project would result in the
permanent impacts to stream bed at three of the four designated crossings. Each of the proposed crossings
were designed to utilize existing culverts where practicable and minimize roadway widths to only allow one-
way traffic; therefore, no single crossing would permanently impact more than 150 linear feet of stream bed
or 0.1 acre of wetlands (Appendix B).
Environmental Resources Management (ERM) is submitting this notification to the United States Army
Corps of Engineers (USACE)—Wilmington District to fulfill the Pre -Construction Notification (PCN)
requirements under Nationwide Permit (NWP) 14 — Linear Transportation Projects. The Project would not
impact over 300 linear feet of stream bed or 0.5 acres of wetlands at any individual crossing and therefore,
should be authorized under NWP 14.
This notification contains the necessary information to comply with the PCN requirements of the NWP
program. The background information provided below is to assist the USACE in documenting that
verification of this Project under NWP 14 is appropriate and fully consistent with USACE regulations.
PURPOSE AND NEED
The purpose and need of the Project is to build a series of access roads throughout a proposed new solar
power generation facility and allow the safe movement of vehicles to all portions of the Site. The proposed
series of access roads would ensure the neighboring properties safety in the event of an emergency by
minimizing response times through quick access to all portions of the proposed Site. The proposed facility
would produce up to 58 MW of AC power of renewable energy into the local electrical grid.
LOCATION AND DESCRIPTION OF ACTIVITIES
The Site consists of four contiguous parcels (361601499954, 361704615203, 361704739646, and
361602782925 located approximately four miles west of the town of Maiden in Catawba County, North
Carolina (35.581115 N,-81.295365 W; Figures 1 and 2). Access to the Site is via Hickory — Lincolnton
Highway which parallels the Site's western boundary. The Site is located on the 1970 Reepsville [NC] U.S.
Geological Survey (USGS) 7.5-minute topographic quadrangle map (Figure 2) within the Southern
Piedmont physiographic region. The Site is situated within the South Fork Catawba River watershed
(Watershed Unit: 030501020403).
The proposed Project would construct roads necessary for access to all portions of the solar power
generation facility. The access road system was designed to minimize and avoid impacts to Waters of the
U.S. (WOTUS) to the maximum extent practicable; however, these roads must cross WOTUS's at three
separate locations in order to navigate the Site during an emergency. The proposed road crossings would

Pre -Construction Notification for Nationwide Permit 14
U.S. Armv Corps of Enqineers—Wilminqton District
consist of replacing an existing, damaged culvert (Crossing 2; Appendix B), and the construction of three
new culverts (Crossings 1, 3, and 4; Appendix B) in order to provide vehicular access quickly throughout
the proposed Site.
1.3 CONSTRUCTION PROCEDURES
Pending receipt of necessary authorizations and permits, Blackburn Solar anticipates construction would
begin in Spring 2022 and begin producing power in December 2022.
The Project is situated on forested and agricultural land. Prior to starting construction, WOTUS on Site
would be clearly marked in the field by a knowledgeable person with signs and/or highly visible flagging.
Field markings and signage would be maintained during construction and construction techniques within
WOTUS would implement all Best Management Practices (BMPs) indicated in the approved National
Pollutant Discharge Elimination System (NPDES) Stormwater General Permit along with all general and
regional conditions set forth by the USACE Wilmington District. Erosion control devices would be installed
across the construction area to control silty runoff into WOTUS. Positive drainage would be maintained at
the conclusion of each working day. All inlets, structures, pipes, swales, and roads shall be kept clean and
free of dirt and silt.
2.0 IMPACTS AND MITIGATION
The jurisdictional streams and wetlands within the Project area were identified and delineated in October
2020 and approved by the USACE an AJD on September 13, 2021 (Appendix C). The delineation and AJD
were conducted in accordance with guidance set forth in the 1987 Corps of Engineers Wetlands Delineation
Manual (USACE, 1987) and Regional Supplement to the Corps of Engineers Wetland Delineation Manual:
Eastern Mountains and Piedmont Region (Version 2.0) (USACE, 2012). The Approved Jurisdictional
Determination from the USACE can be found in Appendix C. A map displaying recent aerial images (Figure
1), USGS topographical data (Figure 2), United States Department of Agriculture (USDA) soil survey data
(Figure 3), National Hydrography Dataset (NHD), and National Wetland Inventory (NWI) data (Figure 4),
Federal Emergency Management Agency (FEMA) floodplain data (Figure 5), and wetland and waterbody
locations (Figure 6) are provided in Appendix A of this permit application.
Based on the Project design plan, one culvert replacement and three newly constructed culverts were
identified as necessary for the implementation of access roads throughout the Site. Impacts associated
with the four proposed crossings are defined in Table 2-1.
Table 2-1
Blackburn Solar Site
Impacts to WOTUS
Crossing
Temporary
Permanent
Temporary
Number
Crossing Type
Waterbody Wetland Impacts
Stream Impacts
Stream Impacts
(Acre)
(Linear Feet)
(Linear Feet)
24 Inch
1
High Density
Wetland 8 0.02
N/A
N/A
Polyethylene Culvert
36 Inch
2
High Density
Perennial Stream 1 N/A
111
100
Polyethylene Culvert
36 Inch
Wetland 4 and
3
High Density
Perennial Stream 2 0.01
146
105
Polyethylene Culvert
36 Inch
4
High Density
Perennial Stream 5 N/A
87
121
Polyethylene Culvert
Temporary impacts on streams or wetlands would involve the dewatering of 50X50-foot workspace both up
gradient and down gradient of each proposed crossing to allow for construction in -the -dry. Permanent
2

Pre -Construction Notification for Nationwide Permit 14
U.S. Armv Corps of Enqineers—Wilminqton District
impacts on stream beds include the discharge of fill material for the grading of access roads and the
placement of the culvert. Construction activities associated with the dewatering of each proposed crossing
would temporarily impact a total of approximately 326 linear feet of stream and 0.03 acre of wetland.
Permanent impacts associated with the placement of high -density polyethylene (HDPE) culverts result in
the total of approximately 344 linear feet of stream (Appendix B); however, none of the individual crossings
would result in the permanent loss of more than 150 linear feet of streambed. Blackburn Solar designed
the Project to avoid impacts to wetlands and waterbodies to the maximum extent practicable. Avoidance
measures included eliminating workspaces and utilizing existing culverts where possible.
Project workspaces are designed to be the minimum size needed to accommodate construction equipment
and safe working areas. The workspaces have been reduced in streams to the minimum width necessary
to accommodate one-way vehicular travel. Project construction minimization measures were designed to
minimize permanent impacts to be smaller than the general and regional condition thresholds of 0.1 acres
(wetlands) or 150 linear feet (streambed).
The Project would result in the permanent loss of stream bed; however, it would not adversely affect the
biological function of any streams on Site. Each culverted crossing is designed to allow for aquatic
movement and would be constructed to abide by all regional conditions set forth by the USACE Wilmington
District. For example, each of the proposed HDPE culverts would be buried at a depth and slope to allow
aquatic movements, sized appropriately to accommodate low flow and bank -full flow events, and would be
accompanied with pre -molded concrete flared end sections to reduce erosion during high flow events
(Appendix B).
Ground -disturbing activities, including the clearing of temporary workspaces and excavation, would be
properly restored to pre -project grade and contours so that these activities would not adversely affect
stream hydrology and bank stabilization. Once each crossing is complete, temporary impacts to stream
banks would be immediately stabilized using native seed mixes to prevent down gradient sedimentation
and stream degradation. Additionally, implementation of minimization measures through the BMP's and
erosion and sediment control plans would reduce potential adverse effects on the aquatic environment to
minimal levels. The Site's Erosion and Sediment Control (ESC) Plan is currently being developed; however,
Blackburn Solar can furnish a copy of the final ESC Plan once it is completed upon request.
THREATENED AND ENDANGERED SPECIES
Based on the United States Fish and Wildlife Service's (USFWS) Information for Planning and Conservation
(IPaC), the Site may contain potential habitat for northern long-eared bat (NLEB; Myotis septentrionalis),
bog turtle (Clemmys muhlenbergii), dwarf -flowered heartleaf (Hexastylis naniflora), Michaux's sumac (Rhus
michauxii), Schweinitz's sunflower (Helianthus schweinitzii), and the candidate species monarch butterfly
(Danaus plexippus) (Appendix D). Subsequent to a desktop analysis, Blackburn Solar completed an onsite
habitat assessment alongside a species -specific plant survey for the Schweinitz's sunflower, dwarf -
flowered heartleaf, and Michaux's sumac between May 4t" and May 20t", 2020. Blackburn Solar submitted
the results of the surveys to the USFWS on March 3, 2021 to assess the potential impacts the Project may
have on federally listed species. In a response letter dated April 5, 2021, the USFWS concurred that the
proposed Project would have "no effect" on federally protected plants or animals. Additionally, the Project
area is located well outside known occupied hibernacula and summer roost habitat -buffers for the NLEB;
therefore, any incidental take of NLEB is covered under the 4(d) rule for the NLEB (Appendix D). No
additional correspondence is required unless new information about on Site resources is identified. No
species listed as endangered or threatened would be impacted by the proposed Project (Appendix E).
HISTORIC PROPERTIES
ERM, on behalf of Blackburn Solar initiated consultation with the North Carolina Department of Natural and
Cultural Resources at the North Carolina State Historic Preservation Office (SHPO) pursuant to Section
106 of the National Historic Preservation Act. ERM conducted a desktop review of cultural resources for
the proposed Project in January 2021. The goal of the desktop review was to identify previously recorded
3

Pre -Construction Notification for Nationwide Permit 14
U.S. Armv Corps of Enqineers—Wilminqton District
archaeological sites and historic and archaeological resources located within or near the Site to aid
Blackburn Solar in planning for the Project.
ERM conducted the desktop review within the 701-acre footprint of the Site (area of potential disturbance),
plus a 1-mile buffer around the Site. No previously recorded archaeological sites or historic and architectural
resources were identified within the 701-acre footprint of the Site. Ten previously -recorded archaeological
sites and 16 previously -recorded historic and architectural resources were identified within the 1-mile buffer
around the Site.
ERM provided the results of the research in an internal memo to Blackburn Solar, LLC for planning purposes
in January 2021. There are currently no requirements for Section 106 of the National Historic Preservation
Act of 1966, as amended. A report summarizing the findings of the surveys was submitted to the SHPO
via email on April 27, 2021. SHPO responded to our request in a letter dated June 18, 2021, which stated
that the proposed Project would not affect any known historic resources and that they had no comment
on the project as proposed (Appendix F).
Upon discovery of previously unknown remains and artifacts, Blackburn Solar would notify the district
engineer of what they have found, and to the maximum extent practicable, avoid construction activities that
may affect the remains and artifacts until the required coordination has been completed.
5.0 COMPLIANCE WITH NATIONWIDE PERMIT 14 TERMS AND CONDITIONS
Compliance with General Conditions and Regional Conditions as specified according to General Condition
27 are summarized in Tables 5.0-1 and 5.0-2 below.
TABLE 5.0-1
Blackburn Solar, LLC - Blackburn Solar Project
Compliance with Nationwide Permit General Conditions
General Condition
Compliance with Condition
1—Navigation
The proposed Project would not cross any Section 10 navigable waters.
2—Aquatic Life Movements
The proposed Project would result in the permanent placement of four culverted crossings. Of the
four crossings three will be placed within perennial streams and one within an ephemeral channel.
Temporary de -watering of the stream segments to allow for culvert and road construction would be
limited to the least amount of time practicable. All culverts would be properly sized and positioned
in accordance with Regional Condition 9 (a-c) as detailed in Appendix B.
3—Spawning Areas
The proposed Project would not occur within spawning areas.
4—Migratory Bird Breeding
Should clearing need to occur between April 1 and July 31, Blackburn Solar would hire biological
Areas
monitors to observe the clearing effort. Monitors would survey the areas proposed for clearing and
mark any trees containing active nests with bright colored flagging tape. No incidental take permits
would be necessary for the proposed activities.
5—Shellfish Beds
No waterbodies containing shellfish beds would be impacted as a result of the proposed Project.
6—Suitable Material
The proposed Project would utilize earthen or cleaned fill material free of toxic pollutants for the
proposed stream crossings.
7—Water Supply Intakes
The proposed Project does not occur in the proximity of a public water supply intake. The Project
is located 0.25 miles north of the Protected water supply watershed known as South Fork Catawba
River (Town of Lincolnton) which is classified as a WS-IV per the (NC DEQ). WS-IV classified
watersheds are used as sources for drinking water, culinary, or food processing purposes where a
WS-I, II, or III are not feasible.
8—Adverse Effects From
The proposed Project would result in four culverted crossings of perennial streams. Temporary de -
Impoundments
watering of the stream segments to allow for culvert and road construction would be limited to the
least amount of time practicable. All culverts would be properly sized and positioned in accordance
with Regional Condition 9 (a-c) as detailed in Appendix B.
9—Management of Water
The proposed Project would utilize properly sized and positioned culverts to account for both high
Flows
and low flow events (Appendix B).
10—Fills Within 100-Year
The proposed Project would not result in fills within the 100-year floodplains on the Site (Figure 5
Floodplains
and Figure 6).
Il

Pre -Construction Notification for Nationwide Permit 14
U.S. Armv Corps of Enqineers—Wilminqton District
TABLE 5.0-1
Blackburn Solar, LLC - Blackburn Solar Project
Compliance with Nationwide Permit General Conditions
General Condition
Compliance with Condition
11—Equipment
Operation of heavy equipment from within wetlands is not anticipated for the proposed Project;
however, if heavy equipment must be operated within wetland areas, temporary prefabricated mats
would be utilized.
12—Soil Erosion and
The proposed Project would use all appropriate best management practices (BMP's) necessary to
Sediment Controls
avoid down gradient sedimentation. An approved sediment and erosion control plan can be sent
upon request. All temporary workspaces and disturbed areas would be stabilized upon the
completion of the proposed maintenance project. Blackburn Solar is in the process of obtaining
and would adhere to requirements of the local storm water and sediment control approvals National
Pollutant Discharge Elimination System (NPDES; NPDES NCG010000 General Permit). The Site's
ESC Plan can be provided upon request.
13—Removal of Temporary
All temporary fills including temporary structures would be removed in their entirety and the affected
Fills
temporary work area would be returned to preconstruction contours and elevations to the maximum
extent practicable.
14—Proper Maintenance
The proposed structures within the stream banks would be properly maintained in perpetuity.
15—Single and Complete
For this project, each crossing is considered a single and complete project for purposes of NWP
Project
authorization.
16—Wild and Scenic Rivers
The proposed Project would not take place within any National Wild and Scenic Rivers under the
jurisdiction of The Wild and Scenic Rivers Act.
17—Tribal Rights
The proposed Project would not cause any adverse effects on tribal rights, protected tribal
resources, or tribal lands.
18—Endangered Species
See Section 3.0 above.
19—Migratory Birds and
The proposed Project would comply with the Migratory Bird Treaty Act and the Bald and Golden
Bald and Golden Eagles
Eagle Protection Act. Should clearing need to occur between April 1 and July 31, Blackburn Solar
would hire biological monitors to observe the clearing effort. Monitors would survey the areas
proposed for clearing and mark any trees containing active nests with bright colored flagging tape.
No incidental take permits would be necessary for the proposed activities.
20—Historic Properties
See Section 4.0 above.
21—Discovery of
In the event of the discovery of unknown remains or artifacts, construction would be halted and the
Previously Unknown
district engineer would be notified immediately.
Remains and Artifacts
22—Designated Critical
No critical resource waters would be affected by the implementation of the proposed Project.
Resource Waters
23—Mitigation
Impacts associated with the proposed Project would result in less than 150 linear feet of stream
bed or 0.1 acre of wetlands at each proposed stream crossing; therefore, the Project would not
require compensatory mitigation unless the District Engineer determines it necessary.
24—Safety of
No permanent impoundments in Waters of the United States (WOTUS) are proposed for the
Impoundment Structures
Project.
25—Water Quality
The North Carolina Division of Water Resources (NCDWR) has issued Section 401 Water Quality
Certifications (WQC) for all projects with an approved NWP 14.
26—Coastal Zone
The proposed Project would not occur within a coastal zone.
Management
27—Regional and Case-
See Table 5.0-2.
By -Case Conditions
28—Use of Multiple
Not applicable —Blackburn Solar is not seeking authorization under multiple NWPs.
Nationwide Permits
29—Transfer of Nationwide
Blackburn Solar would notify the USACE in accordance with the requirements of Condition 29 in
Permit Verifications
the event that transfer of the permit is required.
30—Compliance
Blackburn Solar would notify the USACE Wilmington District upon completion of the proposed
Certification
Project.
31—Activities Affecting
The proposed Project would not affect any structures or works built by the United States.
Structures or Works Built by
the United States
32—Pre-Construction
Blackburn Solar has complied with General Condition 32 by providing a complete PCN to the
Notification
USACE for all proposed impacts to WOTUS caused by the Project.

Pre -Construction Notification for Nationwide Permit 14
U.S. Armv Corps of Enqineers—Wilminqton District
TABLE 5.0-2
Blackburn Solar, LLC — Blackburn Solar Project
Compliance with Nationwide Permit 14 Regional Conditions
Regional Condition
Compliance with Condition
1—Excluded Waters
The proposed Project would not result in the loss of more than 300 linear feet of stream bed at
any individual crossing.
1. 1 -Anadromous Fish
The proposed Project would not affect any Waters of the U.S. identified by either the North
Spawning Areas
Carolina Division of Marine Fisheries or the North Carolina Wildlife Resources Commission as
anadromous fish spawning areas.
1.2-Trout Waters Moratorium
The proposed Project would not affect any Waters of the U.S. within designated trout
watersheds of North Carolina.
1.3-Sturgeon Spawning
The proposed Project would not affect any Waters of the U.S. designated as sturgeon
Areas as Designated by the
spawning areas.
National Marine Fisheries
Service
2.0-2.8—Waters Requiring
The proposed Project does not take place in waters that require additional notification.
Additional Notification
3.1—Limitation of Loss of
The proposed Project would not result in the loss or degradation of more than 300 linear feet of
Stream Bed
stream bed at any of the four proposed stream crossings
3.2—Mitigation for Loss of
The proposed Project would not result in the loss of more than 150 linear feet of stream bed at
Stream Bed
any of the four proposed crossings.
3.3—Pre-Construction
The proposed Project would not result in the loss of more than 150 linear feet of stream bed at
Notification for the Loss of
any of the four proposed crossings; however, a PCN is included in this submittal.
Stream bed Exceeding 150
LF
3.4—Restriction on the Use
The proposed Project would not require the use of live or fresh concrete within a Water of the
of Live Concrete
U.S.
3.5—Requirements for Using
Appendix B outlines the use of riprap for the proposed stream crossings. The proposed Project
Riprap for Bank Stabilization
would incorporate durable materials, native seed mixes, and native plants and shrubs to the
maximum extent possible. Riprap used for bank stabilization around the proposed stream
crossings would be placed on filter cloth unless the situation allows for the riprap to be "keyed"
into the streambank. Riprap would only be placed on the stream banks.
3.6—Requirements for
See Appendix B for culvert design details. All applicable measures outline in Regional
Culvert Placement
Condition 9 would be taken to allow for the safe passage of fish and other aquatic organisms.
Culverts have been designed and installed in such a manner that the original stream profiles
are not altered to allow for aquatic life movements during low flows. Bank -full flows (or less)
shall be accommodated through maintenance of the existing bank -full channel cross sectional
area.
3.7—Notification to NCDEQ
Not applicable.
Shellfish Sanitation Section
3.8—Submerged Aquatic
Not applicable.
Vegetation
3.9—Sedimentation and
See General Condition 12 above.
Erosion Control Structures
and Measures.
3.10—Restoration of
Upon completion of the proposed Project, temporary impacts to stream beds would be restored
Temporary Impacts to
to pre -project elevations and widths using natural stream bed material such that the impacted
Stream Beds
stream reach mimics the adjacent upstream and downstream reach.
3.11—Restoration of
Upon completion of the proposed Project, temporary impacts to stream banks would be
Temporary Impacts to
restored to pre -project grade and contours or beneficial grade and contours in the original bank
Stream Banks
slope is steep and unstable. Natural durable materials, native seed mixes, and native plants
and shrubs would be utilized to the maximum extent possible.

Pre -Construction Notification for Nationwide Permit 14
U.S. Armv Corps of Enqineers—Wilminqton District
TABLE 5.0-2
Blackburn Solar, LLC — Blackburn Solar Project
Compliance with Nationwide Permit 14 Regional Conditions
Regional Condition
Compliance with Condition
3.12—Federal Navigation
Not Applicable.
Channel Setbacks and Corps
Easements
3.13—Northern Long-eared
See Section 3.0 above.
Bat— Endangered Species
Act Compliance
3.14—Work on Eastern Band
Not Applicable.
of Cherokee Land
4.0 Additional Regional Conditions for Specific Nationwide Permits
4.8 NWP #14 Linear
Transportation Projects
4.8.1
The proposed Project would not result in stream relocations.
4.8.2
The proposed Project would only result in upland to upland stream crossings.
4.8.3
The proposed Project is not located in tidal waters or wetlands.
4.8.4
The proposed Project is not located in a designated trout watershed.
4.8.5
The proposed Project would not result in the discharge of dredged or fill material into more than
150 linear feet of stream channel for the construction of temporary access fills and/or temporary
road crossings at any individual crossing.

Pre -Construction Notification for Nationwide Permit 14
U.S. Armv Corps of Enqineers—Wilminqton District
6.0 REFERENCES
United States Army USACE of Engineers (USACE). 1987. Environmental Laboratory, Wetlands Delineation
Manual, Y-87-1, 1987.
USACE. 2012. Regional Supplement to the USACE of Engineers Wetland Delineation Manual: Eastern
Mountains and Piedmont Region (Version 2.0), ed. J. S. Wakeley, R. W. Lichvar, C. V. Noble, and
J. F. Berkowitz. ERDC/EL TR-12-1. Vicksburg, MS: U.S. Army Engineer Research and
Development Center.
n

Appendix A: Project Mapping

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Appendix C: Approved Jurisdictional Determination

Requestor:
Address
Telephone Number:
E-mail:
Size (acres)
Nearest Waterway
USGS HUC
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2021-00117County: Catawba U.S.G.S. Quad: NC-Reepsville
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Blackburn Solar, LLC
Natalie Flinn
700 Universe Blvd
Juno Beach, FL 33408
[phone]
Natalie.Flinn"exteraenerg_v.co m
759 Nearest Town Maiden
South Fork Catawba River River Basin Santee
03050102 Coordinates Latitude:35.573907
Longitude:-81.296425
Location description: The Site consists of a group of contiguous parcels: 361601499954, 361704615203, 36160278925,
361704739646 and separated parcel 362704507721. The site is located approximately four miles west of Maiden, Catawba
County,North Carolina.
Indicate Which of the Following Apply:
A. Preliminary Determination
❑ There appear to be waters onthe above described proj ectarea/property, that may be subjectto Section 404 ofthe Clean Water
Act (CWA)(33 USC § 1344) and/or Section 10 ofthe Rivers and Harbors Act (RHA) (33 USC § 403). The waters have been
delineated, and the delineation has been verified by the Corps to be sufficiently accurate and rehab le. The approximate boundaries
of these waters are shownon the enclosed delineation map dated 3/11/2021. Therefore this preliminary jurisdiction determination
may be used in the permit evaluation process, including determinin g compensatory mitigation. Forpurposes of computation of
impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made onthe basis of a
preliminary JD will treat allwaters and wetlands that would be affected in any wayby the permitted activity onthe site as if they
are jurisdictionalwaters of the U.S. This preliminary determination is not an appealable action underthe Regulatory Program
Administrative AppealProcess (Reference 33 CFRPart331). 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 onthe above described proj ectarea/property, that may be subjectto Section 404 ofthe Clean Water
Act (CWA)(33 USC § 1344) and/or Section 10 ofthe Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters
have not been properly delineated, this preliminary jurisdictiondetermination may notbe used in the permit evaluation process.
Without a verified wetland delineation, this prelim inary determination is merely an effective presumption of CWA/RHA
jurisdiction overall of the waters at the project area, which is not sufficiently accurate andreliable to support an enforceable
permit decision. We recommend thatyou have the waters ony our project area/property delineated. As the Corps may notbe able
to accomplish this wetland delineationin a timely manner, you may wish to obtain a consultantto conduct a delineation that can
be verified by the Corps.
B. Approved Determination
❑ There are Navigable Waters ofthe United States within the above described project area/property subjectto the permit
requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 ofthe Clean Water Act
(CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determinationmay be relied uponfor
a period not to exceed five years from the date of this notification.
® There are waterson the above describedproject area/property subjectto the permit requirements of Section 404 ofthe Clean
WaterAct (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination maybe
relied upon fora period not to exceed five y cars from the date ofthis notification.
❑ We recommend you have the waters on your project area/property delineated. As the Corps may notbe 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.
N The waters onyourproject area/property have been delineated and the delineation hasbcenverifiedby theCorps. The
approximate boundaries of these waters are shown onthe enclosed delineation map dated 8/17/202 1. We strongly suggestyou

SAW-2021-00117
have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this
survey will provide an accurate depiction of all areas subjectto CWA j urisdiction on your property which, provided there is no
change in the law or our published regulations, maybe relied upon for a period not to exceedfive years.
❑ The waters have been delineated and surveyed and are accurately depicted on theplat signed by the Corps Regulatory Official
identified below onDATE. Unless there is a change in the law or our published regulations, this determination maybe relied
upon for aperiod not to exceedfive years from the date of this notification.
❑ There are no waters of the U.S., to include wetlands, presenton the above de scribed project area/property whichare subjectto the
permit requirements of Section404of the Clean WaterAct (33 USC 1344). Unless there is a change in the laworourpublished
regulations, this determination maybe relied upon fora period notto exceedfive years from the date ofthis notification.
❑ The property is located in one ofthe 20 CoastalCounties subject to regulation underthe Coastal Area Management Act (CAMA).
You should contactthe Division of Coastal Management in Morehead City,NC, at [phone] to determine their
requirements.
Pla c em ent of dredged or fill material within waters of the US, in eluding wetlands, without a Department ofthe Army permit may
constitute aviolationof Section301 of the C1eanWaterAct (33 USC § 1311). Placementof dredgedorfill material, construction or
placementof structures, orwork within navigable waters ofthe United States without a Department of the Armypermit may
constitute aviolationof Sections 9 and/or 10 of the Rivers andHarbors Act (33 USC § 401 and/or403). If you haveany questions
regardingthis determination and/orthe Corps regulatory program, please contact KrystynkaB Stygar at 252-545-0507 or
krystynka.b.stygar amsace.army.mil.
C. Basis For Determination: Basis For Determination: Based on information submitted by the applicant
and available to the U.S. Army Corps of Engineers, the project area exhibits criteria for waters of the
U.S. as defined in 33 CFR 328, Regulatory Guidance letter 05-05, the 1987 Wetland Delineation
Manual, and/or the Regional Supplement to the 1987 Manual: Eastern Piedmont and Mountains v2.0.
See the approved jurisdictional determination form dated 09/13/2021 included in the file.
D. Remarks: None.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act j urisdiction for the particular site
identified in this request The delineation/determination may notbe valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or y o ur tenant are USDA Program participants, or anticipate participation in USDA pro gram s, 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 approvedjurisdictional determination for the above described site. If you objectto this
determination, you may requestanadministrativeappeal under Corps regulations at33CFRPart331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet andrequestfor appeal (RFA) form. Ifyonrequest to appeal this determination you
must submit a completed RFAform to the followingaddress:
US Army Corps of Engineers
South Atlantic Division
Attn: Phillip Shannin, Review Officer
60 Forsyth StreetSW, Room 1OM15
Atlanta, Georgia 30303-8801
In orderfor an RFA to be accepted by the Corps, the Corps must determine that it is complete, thatit meets the criteria for appeal
under 3 3 CFR part 3 31.5, andthat it has been received by the Division Office within 60 days ofthe date ofthe NAP. Shouldyou
decide to submit an RFAfonu, it must be received at the above address by 11/15/2021.
* *It is not necessary to submit anRFAform to the Division Office if you do not object to the determination in this correspondence.**
Corps Regulatory Official:
Date of JD: 9/13/2021 ExpirationDate of JD-. 01/24/2026

SAW-2021-00117
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 the Customer Satisfaction Survey located at
http: //corpsmapu. usace. army.mil/cm_apex/f?p=136:4:0
Copy Furnished:
Property Owner: RichardFLucus
2952 Lou Hoyle lane
Newton, NC 28658-8837
Property Owner: Jane Quinn Berry
1325 SPeaceHavenRd
Clem m ons, NC 2 7012-8911
Property Owner: James Earl Reinhardt
2751 Rosewood Lane
Newton, NC 28658-9581
Property Owner: Nelda GLee Revocable Trust
5354 Hickory LincolntonHwy
Lincolnton, NC 28092-6871
Property Owner: Mary Roakes
307 Bethel Drive
Salisbury, NC 28144-2807
Agent: Environmental Resources Management
John Crosby
Address: 235 Magrath Darby Blvd Suite 130
Mt. Pleasant, SC 29464
Telephone Number: john.crosbyk&rm.com
E-mail: (4041275-8898

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
FM REQUEST FOR APPEAL
Applicant: Blackburn Solar,LLC, Natalie Flinn File Number: SAW-2021-00117
Date: 9/13/2021
Attached is:
See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
PERMIT DENIAL
C
®
APPROVED JURISDICTIONAL DETERMINATION
D
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies yourrights and options regardingan administrative appealof the above decision.
Additionalinformation may be found at orhttp://www.usace.army.mil/Missions/CivilWorks/Re"latoaProgramandPermits.aspx
or the Corps regulations at33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Perm it, you may sign the perm it document and return it to the district engineer for final
authorization. If you received a Letter of Permission(LOP), you may acceptthe LOP andyourwork 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 appealthe permit, including its terms and conditions, and approved jurisdictionaldeterminations 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
forfeityourright to appealthe permit in the future. Upon receipt of yourletter, the district engineer will evaluateyour
objections and may: (a) modify the perm itto address allof your concerns, (b) modify the perm itto address some of your
objections, or (c) not modify the perm it having determined that the permit should be issued as previously written. After
evaluatingyour 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 Perm it, you may sign the perm it document and return it to the district engineer for final
authorization. If you received a Letter of Permission(LOP), you may acceptthe LOP andyourwork 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 appealthe permit, including its terms and conditions, and approved jurisdictionaldeterminations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain term sand conditions therein,
you may appealthe declined permit underthe Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sendingthe form to the division engineer. This form mustbe received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appealthe denial of a perm it underthe 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 acceptor 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 appealthe approved JD.
• APPEAL: If you disagree with the approved JD, you may appealthe approved JD underthe 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 inform ation for further consideration by the
Corps to reevaluate the JD.
SECTION II - REQUEST FOR API IONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appea ling 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 yourreasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appealis limited to areview of the administrative record, the Corps memorandum forthe
record of the appeal conference ormeeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neitherthe appellantnorthe Corpsmay addnewinformation oranalysesto the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regardingthis decision and/orthe 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 AppealReview Officer
Attn: Krystynka B Stygar CESAD-PDO
Charlotte Regulatory Office U.S. Army Corps of Engineers, South Atlantic Division
U.S Army Corps of Engineers 60 Forsyth Street, Room 1 OM 15
8430 University Executive Park Drive, Suite 615 Atlanta, Georgia 303 03-8801
Charlotte, NorthCarolina28262 Phone: [phone]
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 appealprocess. You will be provided a 15 -day
notice of any site investigation, and will have the opportunity to participate in all site investi yations.
I
Date:
Telephone number:
Signature of appellant oragent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Krystynka B Stygar, 8430 University Executive Park Drive, Suite
615, Charlotte, North Carolina28262
For Permit denials, Proffered Permits and Approved JurzsdictionalDeterminationssend 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 1 OM15,Atlanta, Georgia30303-8801
Phone: [phone]

U.S. ARMY CORPS OF ENGINEERS
REGULATORY PROGRAM
APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)
NAVIGABLE WATERS PROTECTION RULE
I. ADMINISTRATIVE INFORMATION
Completion Date of Approved Jurisdictional Determination (AJD): 9/13/2021
ORM Number: SAW-2021-00117
Associated JDs: N/A or ORM numbers and identifiers (e.g. HQS-2020-00001-MSW-MITSITE).
Review Area Location': State/Territory: NC City: Maiden County/Parish/Borough: Catawba
Center Coordinates of Review Area: Latitude 35.573907 Longitude-81.296425
II. FINDINGS
A. Summary: Check all that apply. At least one box from the following list MUST be selected. Complete the
corresponding sections/tables and summarize data sources.
❑ The review area is comprised entirely of dry land (i.e., there are no waters orwater features, including
wetlands, of any kind in the entire review area). Rationale: N/A or describe rationale.
❑ There are "navigable waters of the United States" within Rivers and Harbors Actjurisdiction within the
review area (complete table in Section 11.B).
0 There are "waters of the United States" within Clean Water Act jurisdiction within the review area
(complete appropriate tables in Section II.C).
❑ There are waters orwaterfeatures excluded from Clean Water Actjurisdiction within the review area
(complete table in Section II.D).
B. Rivers and Harbors Act of 1899 Section 10 (§ 10)2
10 Name
§ 10 Size
§ 10 Criteria
Rationale for § 10 Determination
N/A.
N/A. I
N/A.
I N/A.
C. Clean Water Act Section 404
Territorial Seas and Traditional Navi able Waters ((a)(1) waters): 3
(a)(1) Name
(a)(1) Size
(a)(1) Criteria
Rationale for (a)(1) Determination
N/A.
N/A.
FN/A.
Tributaries a 2 waters):
(a)(2) Name
(a)(2) Size
(a)(2) Criteria
Rationale for (a)(2) Determination
Intermittent
352
linear
(a)(2) Intermittent tributary
Begins at a spring head and flows
Stream 1
feet
contributes surface waterflow
south until its confluence with
directly or indirectly to an (a)(1)
Perennial Stream 1
water in a typical year.
Intermittent
341
Linear
(a)(2) Intermittent tributary
Begins at a spring head and flows
Stream 2
feet
contributes surface waterflow
south until its confluence with
directly or indirectly to an (a)(1)
Perennial Stream
water in a typical year
Intermittent
9
Linear
(a)(2) Intermittent tributary
Begins at a spring head and flows
Stream 3
feet
contributes surface waterflow
north until its confluence with
Perennial Stream 5.
Map(s)/figure(s) are attached to the AJD provided to the requestor.
If the navigable water is not subject to the ebb and flow of the tide or included on the District's list of Rivers and Harbors Act Section 10 navigable waters list, do
NOT use this document to make the determination. The District must continue to follow the procedure outlined in 33 CFR part 329.14 to make a Rivers and Harbors
Act Section 10 navigability determination.
s A stand-alone TNW determination is completed independently of a request for an AJD. A stand-alone TNW determination is conducted for a specific segment of river
or stream or other type ofwaterbody, such as a lake, where upstream or downstream limits or lake borders are established. A stand-alone TNW determination should be
completed following applicable guidance and should NOT be documented on the AJD Form.
Page 2 of 2 Form Version 10 June 2020_updated

U.S. ARMY CORPS OF ENGINEERS
REGULATORY PROGRAM
APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)
NAVIGABLE WATERS PROTECTION RULE
Tributaries ((a)(2) waters):
(a)(2) Name
(a)(2) Size
(a)(2) Criteria
Rationale fora 2 Determination
directly or indirectly to an (a)(1)
water in a typical year
Intermittent
23
Linear
(a)(2) Intermittent tributary
Begins at a spring head and flows
Stream 4
Feet
contributes surface waterflow
west until its confluence with
directly or indirectly to an (a)(1)
Perennial Stream 5
water in a typical year
Intermittent
131
Linear
(a)(2) Intermittent tributary
Begins at a spring head and flows
Stream 5
feet
contributes surface waterflow
east until its confluence with
directly or indirectly to an (a)(1)
Perennial Stream 5
water in a typical year
Intermittent
25
Linear
(a)(2) Intermittent tributary
Begins at a spring head and flows
Stream 6
Feet
contributes surface waterflow
east until its confluence with
directly or indirectly to an (a)(1)
Perennial Stream 3
water in a typical year
Intermittent
101
Linear
(a)(2) Intermittent tributary
Begins at a spring head and flows
Stream 7
feet
contributes surface waterflow
south until its confluence with
directly or indirectly to an (a)(1)
Perennial Stream 3.
water in a typical year
Intermittent
373
Linear
(a)(2) Intermittent tributary
Begins at a spring head and flows
Stream 8
Feet
contributes surface waterflow
west until its confluence with
directly or indirectly to an (a)(1)
Perennial Stream 6
water in a typical year
Intermittent
39
Linear
(a)(2) Intermittent tributary
Begins at a spring head and flows
Stream 9
Feet
contributes surface waterflow
south until its confluence with
directly or indirectly to an (a)(1)
Perennial Stream 5
water in a typical year
Intermittent
663
Linear
(a)(2) Intermittent tributary
Begins at a spring head and flows
Stream 10
Feet
contributes surface waterflow
north until its confluence with
directly or indirectly to an (a)(1)
Perennial Stream 3
water in a typical year
Intermittent
193
Linear
(a)(2) Intermittent tributary
Stream 11
Feet
contributes surface waterflow
directly or indirectly to an (a)(1)
water in a typical year
Intermittent
39
Linear
(a)(2) Intermittent tributary
Stream 12
Feet
contributes surface waterflow
directly or indirectly to an (a)(1)
water in a typical year
Intermittent
123
Linear
(a)(2) Intermittent tributary
Stream 13
Feet
contributes surface waterflow
directly or indirectly to an (a)(1)
water in a typical year
Perennial
5421
Linear
(a)(2) Perennial tributary
Enters the Sites northern boundary
Stream 1
Feet
contributes surface waterflow
and flows southeast until it's
directly or indirectly to an (a)(1)
confluence with the South Fork
water in a typical year
Catawba River Perennial Stream 10
Page 2 of 2 Form Version 10 June 2020_updated

U.S. ARMY CORPS OF ENGINEERS
REGULATORY PROGRAM
APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)
NAVIGABLE WATERS PROTECTION RULE
Tributaries ((a)(2) waters):
(a)(2) Name
(a)(2) Size
(a)(2) Criteria
Rationale fora 2 Determination
Perennial
755
Linear
(a)(2) Perennial tributary
Flows Northeast until its confluence
Stream 2
Feet
contributes surface waterflow
with Perennial Stream 1
directly or indirectly to an (a)(1)
water in a typical year
Perennial
6345
Linear
(a)(2) Perennial tributary
Begins at the confluence of
Stream 3
Feet
contributes surface waterflow
Intermittent Stream 7 and Intermittent
directly or indirectly to an (a)(1)
Stream 6 and flows east until its
water in a typical year
confluence with the South Fork
Catawba River(perennial stream 10
Perennial
1095
Linear
(a)(2) Perennial tributary
Begins at a spring head and flows
Stream 4
Feet
contributes surface waterflow
south until its confluence with
directly or indirectly to an (a)(1)
Perennial Stream 3
water in a typical year
Perennial
1329
Linear
(a)(2) Perennial tributary
Flows north from a spring head until
Stream 5
Feet
contributes surface waterflow
its confluence with Perennial Stream
directly or indirectly to an (a)(1)
3
water in a typical year
Perennial
1527
Linear
(a)(2) Perennial tributary
Enters the sites northern boundary
Stream 6
Feet
contributes surface waterflow
and flows west until exiting the Sites
directly or indirectly to an (a)(1)
western boundary
water in a typical year
Perennial
649
Linear
(a)(2) Perennial tributary
Enters the site's eastern boundary
stream 7
Feet
contributes surface waterflow
and flows northwest until its
directly or indirectly to an (a)(1)
confluence with Perennial Stream 6.
water in a typical year
Perennial
1077
Linear
(a)(2) Perennial tributary
Enters the site's northwestern
Stream 8
Feet
contributes surface waterflow
boundary and flows east until exiting
directly or indirectly to an (a)(1)
the Site's Eastern Boundary.
water in a typical year
Perennial
327
Linear
(a)(2) Perennial tributary
Flows south from wetland 14 until its
Stream 9
Feet
contributes surface waterflow
confluence with Perennial Stream 10
directly or indirectly to an (a)(1)
water in a typical year
Perennial
9194
Linear
(a)(2) Perennial tributary
Feature is the South Fork Catawba
Stream 10
Feet
contributes surface waterflow
River and flows from north to south
directly or indirectly to an (a)(1)
and forms the Site's Eastern
water in a typical year
boundary.
Lakes and ponds, and impoundments of jurisdictional waters ((a)(3) waters):
(a)(3) Name
(a)(3) Size
(a)(3) Criteria
Rationale fora 3 Determination
N/A.
N/A. I N/A.
N/A.
N/A.
Adjacent wetlands
((a)(4) waters):
(a)(4) Name
(a)(4) Size
(a)(4) Criteria
Rationale fora 4 Determination
Wetland 1
0.03
acre(s)
(a)(4) Wetland abuts an (a)(1)-
Concave depression associated
(a)(3) water.
with the Oxbow on Perennial
Stream 1.
Page 2 of 2 Form Version 10 June 2020_updated

U.S. ARMY CORPS OF ENGINEERS
REGULATORY PROGRAM
APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)
NAVIGABLE WATERS PROTECTION RULE
Adjacent wetlands
((a)(4) waters):
(a)(4) Name
(a)(4) Size
(a)(4) Criteria
Rationale fora 4 Determination
Wetland 2
0.01
Acre(s)
(a)(4) Wetland abuts an (a)(1)-
Concave depression associated
a 3 water.
with Perennial Stream 1
Wetland 3
0.02
Acre(s)
(a)(4) Wetland abuts an (a)(1)-
Concave depression associated
(a)(3) water.
with Perennial Stream 2
Wetland 4
0.02
Acre(s)
(a)(4) Wetland abuts an (a)(1)-
Concave depression associated
a 3 water.
with Perennial Stream 2
Wetland 5
8.25
Acre(s)
(a)(4) Wetland abuts an (a)(1)-
Concave depression associated
(a)(3) water.
with the floodplain of Perennial
Stream 10
Wetland 6
5.09
Acre(s)
(a)(4) Wetland abuts an (a)(1)-
Concave depression associated
(a)(3) water.
with the floodplain of Perennial
Stream 10
Wetland 7
1.47
Acre(s)
(a)(4) Wetland abuts an (a)(1)-
Concave depression associated
(a)(3) water.
with the floodplain of Perennial
Stream 10
Wetland 8
0.22
Acre(s)
(a)(4) Wetland separated from an
Concave depression associated
(a)(1)-(a)(3) water only by an
with perennial Stream 3
artificial structure allowing a direct
hydrologic surface connection
between the wetland and the (a)(1)-
(a)(3) water, in a typical year.
Wetland 9
0.005
Acre(s)
(a)(4) Wetland abuts an (a)(1)-
Concave depression associated
a 3 water.
with Perennial Stream 3
Wetland 10
0.05
Acre(s)
(a)(4) Wetland abuts an (a)(1)-
Concave depression associated
a 3 water.
with Perennial stream 3
Wetland 11
0.01
Acre(s)
(a)(4) Wetland abuts an (a)(1)-
Concave depression associated
(a)(3) water.
with Perennial Stream 3
Wetland 12
0.01
Acre(s)
(a)(4) Wetland abuts an (a)(1)-
Concave depression associated
a 3 water.
with Perennial Stream 6
Wetland 13
0.13
Acre(s)
(a)(4) Wetland abuts an (a)(1)-
Concave depression associated
(a)(3) water.
with Perennial Stream 7
Wetland 14
0.44
Acre(s)
(a)(4) Wetland abuts an (a)(1)-
Concave depression associated
(a)(3) water.
with floodplain of perennial
Stream 10
D. Excluded Waters or Features
Excluded waters b)(1) — b 12 :4
Exclusion Name
Exclusion Size
Exclusions
Rationale for Exclusion
Determination
Ephemeral
linear
(b)(3) Ephemeral feature,
Receives water from run-off
Stream 1
feet
including an ephemeral
'Some excluded waters, such as (b)(2) and (b)(4), may not be specifically identified on the AJD form unless a requestor specifically asks a Corps district to do so.
Corps districts may, in case -by -case instances, choose to identify some or all of these waters within the review area
'Because of the broad nature ofthe (b)(1) exclusion and in an effort to collect data on specific types of waters that would be covered by the (b)(1) exclusion, four sub-
categories of (b)(1) exclusions were administratively created for the purposes of the AJD Form. These four sub -categories are not new exclusions, but are simply
administrative distinctions and remain (b)(1) exclusions as defined by the NWPR.
Page 2 of 2 Form Version 10 June 2020_updated

U.S. ARMY CORPS OF ENGINEERS
REGULATORY PROGRAM
APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)
NAVIGABLE WATERS PROTECTION RULE
Excluded waters ((b)(1) — (b)(12)):4
Exclusion Name
Exclusion Size
Exclusions
Rationale for Exclusion
Determination
stream, swale, gully, rill, or
pool.
Ephemeral
31
Linear
(b)(3) Ephemeral feature,
stream 2
feet
including an ephemeral
stream, swale, gully, rill, or
pool.
Ephemeral
126
Linear
(b)(3) Ephemeral feature,
Stream 3
feet
including an ephemeral
stream, swale, gully, rill, or
pool.
Ephemeral
115
Linear
(b)(3) Ephemeral feature,
Stream 4
feet
including an ephemeral
stream, swale, gully, rill, or
pool.
Ephemeral
867
Linear
(b)(3) Ephemeral feature,
stream 5
feet
including an ephemeral
stream, swale, gully, rill, or
pool.
III. SUPPORTING INFORMATION
A. Select/enter all resources that were used to aid in this determination and attach data/maps to this
document and/or references/citations in the administrative record, as appropriate.
0 Information submitted by, oron behalf of, the applicant/consultant: Wetland Delineation report
December 9,2020
This information Select. sufficient for purposes of this AJD.
Rationale: N/A or describe rationale for insufficiency (including partial insufficiency).
❑ Data sheets prepared by the Corps: Title(s) and/or date(s).
0 Photographs: Aerial: Figures 1,3,4,5,6, Photolog in Appendix B
❑ Corps site visit(s) conducted on: Date(s).
❑ Previous Jurisdictional Determinations (AJDs or PJDs): ORM Number(s) and date(s).
❑ Antecedent Precipitation Tool: provide detailed discussion in Section 11LB.
0 USDA NRCS Soil Survey: Figure 3. Catawba county soils, NC June 2, 2020
0 USFWS NWI maps: Figure 4 October 1, 2020
0 USGS topographic maps: Figure 2, 1970
Other data sources used to aid in this determination:
Data Source (select)
Name and/or date and other relevant information
USGS Sources
Figure 2
USDA Sources
Figure 3
NOAA Sources
N/A.
USACE Sources
Antecedent Precipitation Tool
State/Local/Tribal Sources
N/A.
Other Sources
Updated Delineation map Dated 08/17/2021
Page 2 of 2 Form Version 10 June 2020 updated

U.S. ARMY CORPS OF ENGINEERS
REGULATORY PROGRAM
APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)
NAVIGABLE WATERS PROTECTION RULE
B. Typical yearassessment(s): Antecedent precipitation Tool : Wetter than Normal Conditions
C. Additional comments to support AJD: N/A or provide additional discussion as appropriate.
Page 2 of 2 Form Version 10 June 2020_updated

¢w

Appendix D: USFWS IPaC Report

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
Phone: [phone] Fax: [phone]
http://www.fws.p,ov/nc-es/es/coupiyfr.html
In Reply Refer To:
Consultation Code: 04EN1000-2022-SLI-0044
Event Code: 04EN1000-2022-E-00120
Project Name: Blackburn Solar Site
October 20, 2021
Subject: List of threatened and endangered species that may occur in your proposed project
location 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: https://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
https://www.fws.gov/asheville/htmis/project review/Recommendations.html
Optimal Survey Times for Federally Listed Plants
https://www.fws.gov/nc-es/plant/plant survey.html
Northern long-eared bat Guidance
https://www.fws.gov/asheville/htmis/project review/NLEB in WNC.html
Predictive Habitat Model for Aquatic Species
https://www.fws.gov/asheville/htmls/Maxent/Maxent.html
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.

10/20/2021 Event Code: 04EN1000-2022-E-00120
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-library/pdf/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/windenerg_y/) 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://
www. fws. gov/migratorybirds/CurrentBirdlssues/Hazards/towers/towers.htm;
http://www.towerkill.com; andhttp://www.fws.gov/migratoDbirds/CurrentBirdlssues/Hazards/
towers/comtow.html.

10/20/2021 Event Code: 04EN1000-2022-E-00120 3
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

10/20/2021 Event Code: 04EN1000-2022-E-00120
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
[phone]

10/20/2021
Event Code: 04EN1000-2022-E-00120
Project Summary
Consultation Code: 04EN1000-2022-SLI-0044
Event Code: Some(04EN1000-2022-E-00120)
Project Name: Blackburn Solar Site
Project Type: POWER GENERATION
Project Description: A proposed solar power generation facility development in Catawba
County, North Carolina.
Project Location:
Approximate location of the project can be viewed in Google Maps: https:
www. google.com/maps/(c►)35.57188265,-81.29846836649793,14z
L;ArA:-VB
L•n
Counties: Catawba County, North Carolina

10/20/2021 Event Code: 04EN1000-2022-E-00120 3
Endangered Species Act Species
There is a total of 4 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
Fisheriesi, 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.
1. 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 STATUS
Northern Long-eared Bat Myotis septentrionalis Threatened
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/9045
Reptiles
NAME
STATUS
Bog Turtle Clemmys muhlenbergii
Similarity of
Population: U.S.A. (GA, NC, SC, TN, VA)
Appearance
No critical habitat has been designated for this species.
(Threatened)
Species profile: https:Hecos.fws.gov/ecp/species/6962
Insects
NAME STATUS
Monarch Butterfly Danaus plexippus Candidate
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/9743

10/20/2021 Event Code: 04EN1000-2022-E-00120
4
Flowering Plants
NAME
Dwarf -flowered Heartleaf Hexastylis nani flora
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/2458
STATUS
Threatened
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.

10/20/2021 Event Code: 04EN1000-2022-E-00120
Migratory Birds
Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle
Protection Act2.
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 Treat. 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)
THERE ARE NO FWS MIGRATORY BIRDS OF CONCERN WITHIN THE VICINITY OF YOUR PROJECT
AREA.
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 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 10km 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 Act
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.

10/20/2021 Event Code: 04EN1000-2022-E-00120
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
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 Act 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

10/20/2021 Event Code: 04EN1000-2022-E-00120 3
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
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.

10/20/2021 Event Code: 04EN1000-2022-E-00120
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. Army Corps 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.
FRESHWATER FORESTED/SHRUB WETLAND
• PF01C
RIVERINE
• R4SBC
• R2UBH

Appendix E: USFWS Correspondence Letter

ERM 300 West Summit Ave. Telephone: [phone]
Suite 330 Fax: [phone]
Charlotte, NC
28203 www.erm.com
March 3, 2021 = -t
Bryan Tomkins
U.S. Fish & Wildlife Service ERM
Asheville Ecological Services Field Office
160 Zillicoa St.
Asheville, NC 28801
Subject: Informal Consultation
Proposed Solar Development
Blackburn Solar, LLC
Catawba County, North Carolina
Mr. Tomkins,
Environmental Resources Management, Inc. (ERM), on behalf of Blackburn Solar, LLC, is
performing an environmental review of a 759-acre proposed solar development (Site) to establish
compliance with applicable state and federal environmental regulations. ERM recognizes that the
U.S. Fish and Wildlife Service (USFWS) has responsibility of the protection of various natural
resources and is pleased to provide the information contained in this submittal for your evaluation
and use in providing comments on potential impacts to protected species and critical habitat. Figures
referenced in this letter are provided in Appendix A, and photographs of Site conditions are provided
in Appendix B.
GENERAL INFORMATION
The Site is located in Catawba County, North Carolina (NC). The site consists of approximately 759
acres situated on five Catawba County tax parcels (Appendix A, Figure 1). The Site is divided into a
larger western area, and a smaller eastern area that contains the proposed transmission
interconnection location. The western area contains portions of parcel numbers 361704739646,
361704615203, 361601499954 and 361602782925,' and is centered at 35.571745' N, 81.299150'
W, approximately five miles west of the town of Maiden. The eastern area consists of parcel number
362704507721, and is located at 35.571440' N, 81.265881 ° W approximately three miles west of
Maiden. The Site is located in the Southern Piedmont physiographic region within the Town of
Startown-South Fork Catawba River watershed (Watershed Unit: 030501020403).
SITE REVIEW METHODOLOGY
Desktop Data Review
ERM conducted a desktop review to identify state and federally -listed species or critical habitat that
may occur on or near the Site. As part of this review, ERM reviewed publicly available maps and
readily accessible datasets, including U.S. Geological Survey (USGS) topographic quadrangle
maps, current and past aerial imagery, U.S. Department of Agriculture (USDA) Natural Resource
Conservation Service (NRCS) soils maps, USFWS National Wetland Inventory (NWI) Maps, the
USGS National Hydrologic Dataset (NHD), and Federal Emergency Management Agency (FEMA)
Catawba County Real Estate Search. Catawba County, North Carolina. Catawba County Government GIs Department,
2020. Available: https://gis.catawbacountync.gov/parcel/ Accessed April 22, 2020

floodplain maps. ERM also reviewed aerial photographs and queried the USFWS Information,
Planning, and Conservation (IPaC) databasez and the North Carolina Department of Natural and
Cultural Resources (NC DNCR) Natural Heritage Program (NHP) Rare, Threatened and
Endangered Species Inventory3 databases.
According to the USGS topographic map (Appendix A, Figure 2), portions of the Site located
adjacent to Hickory-Lincolnton Highway generally drain southeast to the South Fork Catawba River.
The portion of the Site located adjacent to Startown Road generally drains northwest. Elevations
range from approximately 780 to 940 feet above mean sea level (AMSL).
The Site generally consists of loam and clay loam on 0 to 25 percent slopes, with inclusions of loamy
sand and sandy loam on 0 to 15 percent slopes, Madison-Udorthents complex on 25 to 45 percent
slopes, and water. The USDA NRCS county soil survey identifies the following soil mapping units on
the Site:
Buncombe loamy sand, 0 to 5 percent slopes, frequently flooded (BuB)
Cecil sandy loam, 2 to 6 percent slopes (CaB)
Cecil sandy loam, 10 to 15 percent slopes (CaD)
Cecil clay loam, 6 to 10 percent slopes, moderately eroded (CeC2)
Chewacla loam, 0 to 2 percent slopes, frequently flooded (ChA)
Congaree loam, 0 to 2 percent slopes, frequently flooded (CoA)
Lloyd loam, 2 to 6 percent slopes (LcB)
Lloyd loam, 6 to 10 percent slopes (LcC)
Lloyd loam, 10 to 15 percent slopes (LcD)
Lloyd loam, 15 to 25 percent slopes (LcE)
Lloyd clay loam, 2 to 6 percent slopes, moderately eroded (LdB2)
Lloyd clay loam, 6 to 10 percent slopes, moderately eroded (LdC2)
Madison gravelly sandy loam, 6 to 10 percent slopes (MgC)
Madison -Bethlehem complex, 10 to 25 percent slopes, moderately eroded (MhE2)
Madison-Udorthents complex, 25 to 45 percent slopes, gullied (MkF4)
Pacolet clay loam, 10 to 25 percent slopes, severely eroded (PaE3)
Roanoke loam, 0 to 2 percent slopes, occasionally flooded (RkA)
According to the FEMA Flood Insurance Rate Map 3719360600K, 3710362600K and 3719362700J
(effective September 5, 2007), approximately 145.35 acres of the Site are located within Special Flood
Hazard Area Zone AE and have a one percent annual chance of flooding.
The USFWS IPaC report generated for the Site indicated five federally protected species have the
potential to occur on the Site including the federally -endangered Michaux's sumac (Rhus michauxii)
and Schweinitz's Sunflower (Helianthus schweinitzii) and the federally -threatened northern long-
eared bat (Myotis septentrionalis) (NLEB), bog turtle (Glyptemys muhlenbergii; [formerly Clemmys
2 US. Department of Interior, U.S. Fish & Wildlife Service (USFWS) 2020. Information for Planning and Consultation (IPaC).
Online: https://ecos.fws.gov/ipac/ Accessed May 2020
3 North Carolina Department of Natural and Cultural Resources, North Carolina Natural Heritage Program (NHP),
Species/Community Search Webpage. Online: https://www.ncnhp.org/data/species-community-search Accessed May 27,
2020

March 3, 2021
Page 3
muhlenbergil]), and Dwarf -flowered heartleaf (Hexastylis naniflora) (Appendix C). No designated
critical habitat occurs at the Site.
The NC DNCR NHP database indicated four state -listed threatened species known to occur within
Catawba County: the bald eagle (Haliaeetus leucocephalus), eastern pondmussel (Ligumia nasuta),
creeper (Strophitus undulatus), and notched rainbow (Villosa constricts), along with one state -listed
endangered species, the shinyleaf meadowsweet (Spirea corymbosa) (Appendix D). The NHP site -
specific occurrence query (Appendix D) also indicated one element occurrence of Michaux's sumac
within a one -mile radius of the Project Site.
Threatened and Endangered Species Assessment
ERM conducted a field assessment to identify ecological communities and land use of the project
area to determine whether the Site could support listed or candidate species identified during the
data review. ERM's Michael Wolfe, a Certified Senior Ecologist who completed his Master's thesis on
the morphological variation of Schweinitz's sunflower, performed the field surveys. He has performed
numerous surveys for rare plant species in this ecoregion, including during the dormant season, and
has been recognized by the USFWS as experienced for dormant season surveys. The field habitat
assessment took place between May 4 and May 20, 2020 and consisted of random meander
surveys and targeted habitat reviews with a focus on known protected species habitat requirements.
The second deployment was conducted in late autumn, on December 1 and December 8, 2020.
Photographs from the field assessment are provided in Appendix B.
The field habitat assessments were conducted simultaneously with routine wetland delineations,
which identified in wetland habitats, 10 perennial streams, 11 intermittent streams, and several
ephemeral streams.4 The Site predominantly consists of unmanaged mixed hardwood forest,
managed pinelands, wheat fields, and cattle pasturelands (Appendix B, Photos 001-004).
Unmanaged mixed hardwood forested areas within the Site consist of species including red maple
(Acer rubrum), white oak (Quercus alba), American beech (Fagus grandifolia), loblolly pine (Pinus
taeda), American holly (Ilex opaca), sassafras (Sassafras albidum), Christmas fern (Polystichum
acrostichoides), and roundleaf greenbrier (Smilax rotundifolia). The pinelands are dominated by
loblolly pine. A variety of plant species were found along the edge habitats and in the forest gaps.
Most commonly present along the agricultural field edges was wingstem (Verbesina alternifolia)
(Appendix B, Photo 020). Other species commonly observed included: blackberry (Rubus spp.;
Appendix B, Photo 013); goldenrod (Solidago spp.); poison ivy (Toxicodendron radicans); dogfennel
(Eupatorium capillifolium); cornflower (Centaurea cyanus); and, clovers (Trifolium spp.). Additional
species included milkweed (Asclepius spp.); chicory (Cichorium intybus); mullein (Verbascum
thapsus); and chickweed (Stellaria media; Appendix B, Photo 014). Other notable habitat
considerations present within the Project include an electric transmission line right-of-way (ROW) on
Parcel 362704507721 (Appendix B, Photo 005) and various stream channels and wetlands
(Appendix B, Photos 006-010 and 022). Land use in the Site vicinity is primarily agricultural and
residential with undeveloped woodlands.
4 Blackburn Solar, LLC has submitted an Approved Jurisdictional Delineation to the U.S. Army Corps of Engineers (USACE) to
identify all jurisdictional waters on the Site.

March 3, 2021
Page 4
ERM did not observe any of listed species identified by USFWS and NC DCNR databases during
the field habitat characterization. Table 1 summarizes findings related to the habitat characterization
for each species.

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Page 6
Threatened and Endangered Species Field Findings
ERM observed suitable roosting habitat for the federally -threatened NLEB onsite. NLEB prefer
crevices and cavities in dead or damaged trees, but sometimes roost between loose bark and the
bole of dead trees. The species may also use forested areas during foraging events. This habitat
type was present in the forested areas of the Site (Appendix A, Figure 1). The presence of potential
habitat on the Site indicates that the Site could potentially support this species, but is not an indicator
of its presence. No presence/probable absence surveys were conducted as part of this assessment.
The proposed Site is located within the White -Nosed Syndrome (WNS) Zones per the Final 4(d) Rule
of the ESA, which include exemptions from prohibition of incidental take of the species resulting from
tree clearing if such clearing occurs more than '/ mile from any known hibernaculum for the species
at any time of year, and more than 150 feet from any known maternity roost tree during the pup
season (June 1 through July 31).6 The USFWS Asheville office does not identify any confirmed
hibernacula or maternity roosts in Catawba County.'
Certain species of birds are protected under the Migratory Bird Treaty Act (MBTA) and the Bald &
Golden Eagle Protection Act (BGEPA). No eagle nests were observed during site assessments.
There are no migratory birds of conservation concern expected to occur at the proposed
development Site according to the USFWS IPaC report. Blackburn Solar, LLC proposes to extend
the tree clearing avoidance timeframe from April 1 through July 31 per informal consultation with
Bryan Tompkins of USFWS to avoid potential impacts to nesting migratory birds protected under
MBTA and/or BGEPA and to NLEB during the pup season.
Species -specific surveys were conducted to determine the presence of federally -protected plant
species on the Site, including Schweinitz's sunflower, dwarf -flowered heartleaf, and Michaux's
sumac. ERM observed suitable habitat for Schweinitz's sunflower, and representation of habitat
conditions and specific locations surveyed are shown in Appendix B, Photos 005, 011-019, 021, 023,
and 024. No specimens of Schweinitz's sunflower were observed onsite.
No suitable habitat was identified onsite for the dwarf -flowered heartleaf and Michaux's sumac. To
identify suitable habitat for dwarf -flowered heartleaf, ERM walked meandering transects through
representative portions of the various forested areas, and especially focused on the stream banks
(Appendix B, Photos 006, 007 and 022) and richer habitat situations. In all cases, the general site
and soil conditions, plus the silvicultural operations and cattle traffic, have prevented establishment
and/or support of dwarf -flowered heartleaf (Appendix B, Photos 011 and 016). Michaeux's sumac
seems to survive best in areas where some form of disturbance has provided an open area (see
photos of potentially suitable habitat areas that were surveyed in Appendix B, Photos 005, 011-017,
021, 023, and 024); these areas were most likely to contain suitable habitat for Michaux's sumac,
5 USFWS. Northern long-eared bat Final 4(d) Rule Map: White -Nose Syndrome Zone around WNS/Pd Positive
Counties/Districts (Map created June 27, 2019). Online:
https://www.fws.gov/midwest/endangered/mammals/nleb/pdfAA/NSZone.pdf. Accessed June 2, 2020.
6 USFWS. Northern Long -Eared Bat final 4(d) Rule - Questions and Answers. Online:
https://www.fws.gov/midwest/endangered/mammals/nleb/FAQsFinal4dRuleN LEB.html. Accessed June 2, 2020.
USFWS Asheville Ecological Services Field Office. Northern long-eared bat: What it means for your project. Online:
https://www.fws.gov/asheville/htmis/project review/NLEB in WNC.html. Accessed July 6, 2020.

March 3, 2021
Page 7
and thus were the focus areas for this species' survey. Prospective habitat for Michaux's sumac was
determined to be unsuitable due to soil conditions.
As reported in Table 1, no specimens of any of the three federally -protected plant species were
found on the Site, and it is ERM's opinion that the Site development would have no effect on these
plant species. Additionally, no suitable habitat was observed on the Site for the bald eagle, creeper,
eastern pondmussel, notched rainbow, bog turtle, and shinyleaf meadowsweet.
CONCLUSIONS
Based on desktop reviews of the Site, and considerations of the above -mentioned species, ERM
concludes that there is low potential for federal -listed threatened or endangered species to occur
within the Site and that the development of the proposed Project will have no effect on species under
the jurisdiction of the LISFWS.
As noted above, there is also no designated critical habitat present at the Site. Blackburn Solar, LLC
plans to avoid tree clearing activities between April 1 through July 31 st to avoid impacts to suitable
habitat for the NLEB and nesting migratory birds. Should clearing need to occur between April 1 and
May 31, Blackburn Solar will hire field biologists to monitor the clearing effort and flag areas of
concern. No clearing will occur between June 1 and July 31 without additional consultation with
LISFWS prior to the clearing effort and presence of on -site biomonitors during clearing.
ERM respectfully requests your evaluation of our findings, concurrence, and any comments or
recommendations you may offer for the proposed project. If new or additional data is available from
the LISFWS for the Site area, ERM welcomes the opportunity to review that information and
incorporate it into our environmental review. If you have questions concerning this submittal, please
contact Kristyn Klecko at 717-405-7914 or Kristyn.klecko(a)-erm.com.
Sincerely,
Kristyn Klecko
Project Scientist
Appendices: AppendixA— Figures
Appendix B — Photographic Log
Appendix C — LISFWS Official Protected Species List (IPaC Report)
Appendix D — NC DNCR NHP — Catawba County Rare, Threatened, and
Endangered Species Inventory

Appendix A: Figures

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Appendix B: Photographic Log

APPENDIX B - BLACKBURN SOLAR SITE
ERM
Project Name:
Location:
Project Number:
Blackburn Solar Site
Catawba County, NC
0554704
Photo Number:
001
Date:
5/5/2020
r'
' rY r j. ,' S; c4'
-_
Direction Photo Taken:
West
} w ` :` ' ►;` Y T:
Description:
Representative conditions observed in mixed
hardwood forested areas throughout the Site.
Location: Immediately north of Wetland 10.
Jr�. ��y. .��� .y3 �• 7�'r off+ � _ r ?�, jT - -

APPENDIX B - BLACKBURN SOLAR SITE
.ERM

APPENDIX B - BLACKBURN SOLAR SITE
ERM
Project Name: Location: Project Number:
Blackburn Solar Site Catawba County, NC 0554704
Photo Number: Date:
005 5/4/2020
Direction Photo Taken:
North •�� :a� , ��'�- ' _�:
-'
Description:
p 4:�=fir.•...- .. y -r
Representative conditions within the electric k '
transmission line ROW near Startown Road.•.._.
Location: Southern portion of parcel adjacent
to Startown Road. k
f ,
E r
i
a
Project Name: Location: Project Number:
Blackburn Solar Site Catawba County, NC 0554704
Photo Number: Date: -'
006 5/6/2020
Direction Photo Taken:
Northeast ,,� �e.��y`� n��•
Description:
.4
Representative perennial stream conditions Y,
observed throughout the Site.
Location: Perennial Stream 6

APPENDIX B - BLACKBURN SOLAR SITE
.ERM

APPENDIX B - BLACKBURN SOLAR SITE
ARM
Project Name: Location: Project Number:
Blackburn Solar Site Catawba County, NC 0554704
Photo Number: Date:
009 5/5/2020
Direction Photo Taken:
Description:
Representative soils observed in PFO wetlands
throughout the Site. ! =,p}r a` - •" '"_ ;_%'
Location: Wetland 13 �-. —.
.77
t. �' _ _ ■'
' L {

APPENDIX B - BLACKBURN SOLAR PROJECT
ERM

APPENDIX B - BLACKBURN SOLAR PROJECT
ERM
Project Name:
Location:
Project Number:
Blackburn Solar Project
Catawba County, North
Carolina
0554704
Photo
Date:
4W
S
Number: 013
05/06/2020
:� 11
Direction Photo Taken:
9
West
,
_
Description:
Grasses and blackberry edge along pine stand
Location:
Parcel 4
,!
35.57189°,-81.30044°
...
� lei...; •7

APPENDIX B - BLACKBURN SOLAR PROJECT
ERM
Project Name:
Location:
-T
Project Number:
Blackburn Solar Project
Catawba County, North Carolina
0554704
Photo
Date:
Number:015
05/12/2020
'"k'
Direction Photo Taken:
East
ter•. ; • , :: ::
.
Description:
Light gap in pine stand with perennial
herbaceous vegetation
Location:
.. _. ' . � ,,� • 3w i;:`, ,� . fir''
'yy
Parcel 3, just off of Hickory Lincolnton Hwy
P+•� "n ;:; �,�
35.56878°,-81.30612°
F
� I
Project Name:
Location:
Project Number:
Blackburn Solar Project
Catawba County, North Carolina
0554704
Photo
Date:
Number: 016
05/07/2020
j
Direction Photo Taken:
East
r
Description:
Farm road through hardwoods
Location:
Parcel 2
35.57876°,-81.30346°

APPENDIX B - BLACKBURN SOLAR PROJECT
ERM
Project Name:
Location:
Project Number:
Blackburn Solar Project
Catawba County, North Carolina
0554704
Photo
Date:'
y
Number:018
05/07/2020
r
Direction Photo Taken:
NA
M,
`•4rs
Description:
:�;:: -
�[]7�)
Thinleaf Sunflower (Helianthus decapetalus),
or so believed (definitely not Schweinitz's
sunflower)
��
b
Location:
z�
t%
,`
Northwest end of Parcel 1
35.573471°,-81.267187°��

APPENDIX B - BLACKBURN SOLAR PROJECT
ERM

APPENDIX B - BLACKBURN SOLAR PROJECT
-ERM
Project Name:
Location:
Project Number:
Blackburn Solar Project
Catawba County, North Carolina
0554704
Photo Number:
Date:
021
12/08/2020
Direction Photo Taken:
North
Description:
Field edge and view of stream draw (on the
right, draining north)
Location:
East side of Parcel 5 on the north side of
Rosedale Point
35.56483°,-81.29999°$<,x'''"`
Project Name:
Location:
Project Number:
Blackburn Solar Project
Catawba County, North Carolina
0554704
Photo Number:
Date:'''"�#
�'r=
022
12/08/2020
.
Direction Photo Taken:N,..._..
NA
Description:
t° 'z A:• - ��}
Representative stream draw habitat
Location:
Within stream draw of Photo 021
"y"
35.56702°,-81.29982°
Tyr. ��•
x

-' APPENDIX B - BLACKBURN SOLAR PROJECT
ERM
Project Name:
Location:
Project Number:
Blackburn Solar Project
Catawba County, North Carolina
0554704
Photo Number:
Date:
023
12/08/2020
Direction Photo Taken:
Northwest
Description:
Representative field edge habitat
Location:
1;
Northeastern edge of Parcel 5'-.�
s�
35.56576°,-81.29214°ti"&^
r• r
-
cw- Orr
`
y yr, �• ��E;�'9�-�.' �•.! : A. �.
i
�.
Project Name:
Blackburn Solar Project
Location:
Catawba County, North Carolina
Project Number:
0554704
Photo Number:
Date:
024
12/08/2020
Direction Photo Taken:
North northeast
Description:
-- -
_ -
y
Habitat along along Rosedale Point
Location:
. ._ r}- `, -_ �' :fin?y� ` � '!i.s•-
East end of Parcel 5
35.56205°,-81.30369°
� _ �� ..y � T ;_ ->�� �; . � az.�• . Via„
� .•ram
• :� -f.
a4�1
.•546 -�•.
'.r ,'L;•,•
•.
��
, i';r:.�
d,: _' .'�'ii ; :A]�.:Lhi.J .�A �9TS.

Appendix C: USFWS Official Protected Species
List (I PaC Report)

4/23/2020 IPaC: Explore Location
IPaC U.S. Fish & Wildlife Service
IPaC resource list
This report is an automatically generated list of species and other resources such as critical habitat
(collectively referred to as trustresources) under the U.S. Fish and Wildlife Service's (USFWS)
jurisdiction that are known or expected to be on or near the project area referenced below. The list
may also include trust resources that occur outside of the project area, but that could potentially be
directly or indirectly affected by activities in the project area. However, determining the likelihood
and extent of effects a project may have on trust resources typically requires gathering additional
site -specific (e.g., vegetation/species surveys) and project -specific (e.g., magnitude and timing of
proposed activities) information.
Below is a summary of the project information you provided and contact information for the USFWS
office(s) with jurisdiction in the defined project area. Please read the introduction to each section
that follows (Endangered Species, Migratory Birds, USFWS Facilities, and NWI Wetlands) for
additional information applicable to the trust resources addressed in that section.
Location
!�6
Catawba and Lincoln counties, North Carolina
Local office
Asheville Ecological Services Field Office
t. [phone]
18 [phone]
160 Zillicoa Street
Asheville, NC 28801-1082
http://www.fws.gov/nc-es/es/countyfr.html
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4/23/2020 IPaC: Explore Location
Endangered species
This resource list is for informational purposes only and does not constitute an analysis of
project level impacts.
The primary information used to generate this list is the known or expected range of each species.
Additional areas of influence (AOI) for species are also considered. An AOI includes areas outside of
the species range if the species could be indirectly affected by activities in that area (e.g., placing a
dam upstream of a fish population, even if that fish does not occur at the dam site, may indirectly
impact the species by reducing or eliminating water flow downstream). Because species can move,
and site conditions can change, the species on this list are not guaranteed to be found on or near
the project area. To fully determine any potential effects to species, additional site -specific and
project -specific information is often required.
Section 7 of the Endangered Species Act requires Federal agencies to "request of the Secretary
information whether any species which is listed or proposed to be listed may be present in the area
of such proposed action" for any project that is conducted, permitted, funded, or licensed by any
Federal agency. A letter from the local office and a species list which fulfills this requirement can
only be obtained by requesting an official species list from either the Regulatory Review section in
IPaC (see directions below) or from the local field office directly.
For project evaluations that require USFWS concurrence/review, please return to the IPaC website
and request an official species list by doing the following:
1. Draw the project location and click CONTINUE.
2. Click DEFINE PROJECT.
3. Log in (if directed to do so).
4. Provide a name and description for your project.
5. Click REQUEST SPECIES LIST.
Listed species and their critical habitats are managed by the Ecological Services Program of the U.S.
Fish and Wildlife Service (USFWS) and the fisheries division of the National Oceanic and Atmospheric
Administration (NOAA Fisheries ).
Species and critical habitats under the sole responsibility of NOAA Fisheries are not shown on this
list. Please contact NOAA Fisheries for species under their jurisdiction.
1. Species listed under the Endangered Species Act are threatened or endangered; IPaC also shows
species that are candidates, or proposed, for listing. See the listing status page for more
information.
2. 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.
The following species are potentially affected by activities in this location:
Mammals
NAME STATUS
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IPaC: Explore Location
Northern Long-eared Bat Myotis septentrionalis
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/9045
Reptiles
NAME
Bog Turtle Clemmys muhlenbergii
No critical habitat has been designated for this species.
httpL//ecos.fws.gov/ecp/species/6962
Flowering Plants
NAME
Threatened
STATUS
SAT
STATUS
Dwarf -flowered Heartleaf Hexastylis naniflora Threatened
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/2458
Michaux's Sumac Rhus michauxii nd n ered
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/5217
Schweinitz's Sunflower Helianthus schweinitzii Endangered
No critical habitat has been designated for this
https://ecos.fws.gov/ecp/specie 3849
-)Critical habitats
Potential effects to critical habitat(s) in this location must be analyzed along with the endangered
species themselves.
THERE ARE NO CRITICAL HABITATS AT THIS LOCATION.
Migratory birds
Certain birds are protected under the Migratory Bird Treaty Acti and the Bald and Golden Eagle
Protection Act2.
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.
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4/23/2020 IPaC: Explore Location
2. The Bald and Golden Eagle Protection Act of 1940.
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
http://www.fws.gov/birds/management/project-assessment-tools-and-guidance/
conservation-measures.php
Nationwide conservation measures for birds
http://www.fws.gov/migratorybirds/pdf/management/nationwidestandardconservationmeasures.pdf
THERE ARE NO MIGRATORY BIRDS OF CONSERVATION CONCERN EXPECTED TO OCCUR AT THIS LOCATION.
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. j4dditional 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. �o %PW
m4x_
What does IPaC use to generate the migratory birds potentially occurring in my specified location?
The Migratory Bird Resource List is comprised of USFWS Bids of Conservation Concern (BCC) 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 10km 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 A, 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?
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CWAlNIN11
IPaC: Explore Location
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 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 Act 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). N
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.
r04 r
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 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
https://ecos.fws.gov/ipac/location/KYAKHZCIINAX5NYHB7YK3PGUQY/resources 5/7

CMAlMM11
IPaC: Explore Location
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.
Facilities
National Wildlife Refuge lands
Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a
'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to
discuss any questions or concerns.
THERE ARE NO REFUGE LANDS AT THIS LOCATION.
Fish hatcheries
THERE ARE NO FISH HATCHERIES AT THIS LOCATION.
\X
� C,
Wetlands in the National Wetlands Inventory
Impacts to 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. Army Corps of
Engineer&Lj trict.
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.
This location overlaps the following wetlands:
FRESHWATER FORESTED/SHRUB WETLAND
Palustrine
RIVERINE
Riverine
A full description for each wetland code can be found at the National Wetlands Inventory website
Data limitations
https://ecos.fws.gov/ipac/location/KYAKHZCIINAX5NYHB7YK3PGUQY/resources 6/7

CMAlMIKII
IPaC: Explore Location
The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level
information on the location, type and size of these resources. The maps are prepared from the analysis of high
altitude imagery. Wetlands are identified based on vegetation, visible hydrology and geography. A margin of error
is inherent in the use of imagery, thus, detailed on -the -ground inspection of any particular site may result in
revision of the wetland boundaries or classification established through image analysis.
The accuracy of image interpretation depends on the quality of the imagery, the experience of the image analysts,
the amount and quality of the collateral data and the amount of ground truth verification work conducted.
Metadata should be consulted to determine the date of the source imagery used and any mapping problems.
Wetlands or other mapped features may have changed since the date of the imagery or field work. There may be
occasional differences in polygon boundaries or classifications between the information depicted on the map and
the actual conditions on site.
Data exclusions
Certain wetland habitats are excluded from the National mapping program because of the limitations of aerial
imagery as the primary data source used to detect wetlands. These habitats include seagrasses or submerged
aquatic vegetation that are found in the intertidal and subtidal zones of estuaries and nearshore coastal waters.
Some deepwater reef communities (coral or tuberficid worm reefs) have also been excluded from the inventory.
These habitats, because of their depth, go undetected by aerial imagery.
Data precautions
Federal, state, and local regulatory agencies with jurisdiction over wetlands may define and describe wetlands in a
different manner than that used in this inventory. There is no attempt, in either the design or products of this
inventory, to define the limits of proprietaryjurisdiction of any Federal, state, or local government or to establish
the geographical scope of the regulatory programs of government agencies. Persons intending to engage in
activities involving modifications within or adjacent to wetland areas should seek the advice of appropriate federal,
state, or local agencies concerning specified agency regulatory programs and proprietary jurisdictions that may
affect such activities.
https://ecos.fws.gov/ipac/location/KYAKHZCIINAX5NYHB7YK3PGUQY/resources 7/7

Appendix D: NC DNCR NHP - Catawba County
Rare, Threatened, and Endangered Species
Inventory

Species/Community Search
Taxonomic
Scientific
Common
NC
Federal
State
obal
County
County
Group
Name
Name
Status
Status
Rank
R ank
Status
Natural Acidic Cov
Community Forest (Ty
none
S4
G5
Catawba Current
Subtype)
Natural Chestnut Oak
Community Forest (Dry
none
S5
G5
Catawba Current
Heath Subtype)
Natural Chestnut Oak
Community Forest (White
none
G3
Catawba Current
Pine Subtype)
Dry Oak --
Natural
Hickory Forest
none
4
G4G5
Catawba Current
Community
(Piedmont
Subtype)
Dry-Mesic
Natural Basic Oak--
Community Hickory Forest
none
S3
G3G4
Catawba Current
(Piedmont
Subtype)
Dry-Mesic Oak -
Natural -Hickory Forest
none
S4
G4G5
Catawba Current
Community (Piedmont
Subtype)
Low Elevation
Natural Seep
Community (Floodplain
none
S2
G4
Catawba Current
Subtype)
Natural Low Elevation
Community Seep (Montane
none
S2S3
G2G3
Catawba Current
Subtype)
Mesic Mixed
Natural
Hardwood
Community
Forest
none
S4
G3G4
Catawba Current
(Piedmont
Subtype)
Montane
Natural Alluvial Forest
none
S1
G4?
Catawba Current
Community (High Terrace
Subtype)
Montane Oak --
7
Natural Hickory Forest
none
S4S5
G4G5
Catawba Current
Community (Acidic
Subtype)
—'-Montane
Oak --
Natural Hickory Forest
none
S2
G2G3
Catawba Current
Community (Low Dry
Subtype)

Taxonomic
Scientific
Common
NC
Federal
State
Global
County
County
Group
Name
Name
Status
Status
Rank
Rank
Status
Montane Oak --
Natural Hickory Forest
none
S2
G2G3
Catawba Current
Community (White Pine
Subtype)
Natural
Community
Piedmont
Alluvial Forest
none
S4
G4
Catawba Current
Natural
Catawba Current
Piedmont
Levee Forest
none
S3S4
G3G4
Community
(Typic Subtype)
Natural
Pine --
Community
Oak/Heath
none
S3
G3
Catawba Current
(Typic Subtype)
Catawba Current
Animal
Waterbird
none
S3
GNR
Assemblage
Colony
Catawba Current
Vascular Plant
Helianthus
Schweinitz's
E
E
S3
G3
schweinitzii
Sunflower
Catawba Current
Vascular Plant Spiraea Shinyleaf
E
none
S1
G5T4?
corymbosa Meadowsweet
Freshwater Carpiodes sp. Atlantic
Fish cf. velifer Highfin
SC
none
S1
GNR
Catawba Historical
Carpsucker
Reptile Crotalus Timber
SC
none
S3
G4
Catawba Current
horridus
_Rattlesnake
Freshwater or Triodopsis Dwarf
Terrestrial fulciden Threetooth
SC
none
S2S3
G1G2
Catawba Current
Gastropod
SC-V
none
S3
G5T3
Vascular Plant Acmispon Carolina
Catawba Historical
helleri Birdfoot-trefoil
Vascular Plant Berberis American
Catawba Current
SC-V
none
S2
G3G4
canadensis Barberry
Vascular Plant Chelone Cuthbert's
Catawba Current
SC-V
none
S3
G3
cuthbertii Turtlehead
Vascular Plant Monotropsis Sweet
Catawba Current
SC-V
none
S3
G3
odorata Pinesap
Thermopsis Appalachian
Vascular Plant mollis Golden-
SC-V
none
S2
G3G4
Catawba Current
banner
Sawfly, Wasp, Rusty -
Bee, or Ant Bombus affinis patched
SR
E
S1
G2
Catawba Historical
Bumble Bee
Mayfly Baetisca becki a mayfly
SR
none
S1
G2G3
Catawba
Current
Freshwater
Carpiodes sp.
"Carolina"
SR
none
S2
GNR
Catawba
Historical
Fish
cf. cyprinus
Quillback
Freshwater
Etheostoma
Seagreen
SR
none
S3
G4
Catawba
Current
Fish
thalassinum
Darter
Homoeoneuria
Cahaba
Mayfly cahabensis
Sand -filtering
E
none_][
G3
Catawba Historical
Mayfly
72

Taxonomic
Scientific
Common
NC
Federal
State
Global
County
County
Group
Name
Name
Status
Status
Rank
Rank
Status
Freshwater Lampsilis Rayed Pink
SR
none
S1
G3
Catawba Current
Bivalve splendida Fatmucket
Freshwater or Ventridens Rounded
Terrestrial
SR
none
S2S3
G4
Catawba Obscure
lawae Dome
Gastropod
SR-O
none
S1
G5
Vascular Plant Corallorhiza Spring Coral-
Catawba Historical
wisteriana root
I I
Arisaema
stewardsonii Bog Jack -in -
Vascular Plant (syn. Arisaema the -pulpit
SR-P
none
S2
G5T5
Catawba Current
triphyllum ssp.
stewardsonii)
SR-P
none
S2
G5
Moss Sphagnum Pretty
Catawba Current
Peatmoss
falMoss
Sphagnum Orange
Catawba Current
SR-P
none
S1 G5
subsecundum Peatmoss
Vascular Plant Stewartia ovata Mountain
Camellia
S3 G4
Catawba Current
SR-P
none
Vascular Plant Trillium Prairie Trillium
recurvatum
S1 G5
Catawba Current
SR-P
none
Vascular Plant Robinia Clammy
S1 G3
Catawba Historical
SR-T
none
viscosa Locust
Bird Haliaeetus Bald Eagle
T
BGPA
S3B,S3N G5
Catawba Current
leucocephalus
T
none
Freshwater Ligumia nasuta Eastern
S2 G4
Catawba Current
Bivalve Pondmussel
Freshwater
Strophitus
Creeper
T
none
S3 G5
Catawba Current
Bivalve
undulatus
Catawba Current
Freshwater
Villosa
Notched
T
none
S3
G3
Bivalve
constricta
Rainbow
Dwarf -
Hexastylis
Vascular Plant naniflora flowered
T
T
S3
G3
Catawba Current
Heartleaf
Reptile Glyptemys Bog Turtle
Catawba Current
T
T(S/A)
S2
G2G3
muhlenbergii
W1
none
S3
G3G4
Vascular Plant Amorpha Piedmont
Catawba Current
schwerinii Indigo -bush
Cleistesiopsis Small
Vascular Plant bifaria Spreading
W1
none
S3
G4?
Catawba Current
Pogonia
W1
none
S4?
G5
Catawba
Current
Vascular Plant Corallorhiza Autumn
odontorhiza Coral -root
Vascular Plant
Dirca palustris Leatherwood
W1
none
S3
G4
Catawba Current
Vascular Plant
Eupatorium Godfrey's
W1
none
S3
G4
Catawba Current
godfreyanum Thoroughwort
W1
none
S3
G5
Catawba Current
Vascular Plant Frangula Carolina
caroliniana Buckthorn

Taxonomic
Scientific
Common
NC
Federal
State
Global
County
County
Group
Name
Name
Status
Status
Rank
Rank
Status
Geum Northern
Vascular Plant fragarioides Barren-
W1
none S2S3 G5T5
Catawba Current
strawberry
Isotria Large
Vascular Plant verticillata Whorled
W1
none S2S3 G5
Catawba Current
Pogonia
Vascular Plant Lathyrus Smooth
W1
none S3 G5
Catawba Current
venosus Peavine
Vascular Plant Onosmodium Virginia
Catawba Current
W1
none
S3
G4
virginianum Marbleseed
Vascular Plant PanPanax
axefolius Ginseng
quiVascular
W1
none
S3S4
G3G4
Catawba Current
W1
none
S3 G4G5
Plant Philadelphus Scentless
Catawba Current
inodorus Mock -orange
W1
Vascular Plant Stellaria corei Core's
Starwort
none
S3 G4
Catawba Historical
W1,W5
Bird Ammodramus Grasshopper
none
S3B,S1N G5
Catawba Current
savannarum Sparrow
Gulf
Apalone Coast
Reptile spinifera Spiny
W2
none
S3 G5T5
Catawba Current
aspera Softshell
Butterfly Megathymus Yucca Giant-
W2
none
S3S4
G5
Catawba Historical
yuccae Skipper
Freshwater or Mesomphix Mountain
Terrestrial andrewsae Button
W2
none
S3S4
G3G4
Catawba Current
Gastropod
Neotoma Southern
Mammal floridana Appalachian
Eastern
W2
none
S3S4
G5T4Q
Catawba Current
haematoreia
Woodrat
Dragonfly or
Ophiogomphus
Appalachian
W2
none
S3
G3
Catawba Current
Damselfly
incurvatus
Sciurus niger
Snaketail
Eastern Fox
Squirrel
W2
none
S3
G5
Catawba Current
Mammal
Butterfly
Speyeria diana
Diana Fritillary
W2
none
S3S4
G2G3
Catawba
Current
Cambarus sp.
Crustacean A (syn. a crayfish
W3
none
S2S4
G2G3
Catawba Current
Cambarus
howardi)
Dactylocythere Catawba
Crustacean isabelae Crayfish
W3
none
S1?
GNR
Catawba Current
Ostracod
Freshwater or Gastrocopta Armed
Terrestrial armifera Snaggletooth
W3
none
S2S3
G5
Catawba Current
Gastropod
Hylogomphus
Dragonfly or apomyius (syn. Banner
W3
none
S3?
G3G4
Catawba Current
Damselfly Gomphus Clubtail
apomyius)

Taxonomic
Scientific
Common
NC
Federal
State
Global
County
County
Group
Name
Name
Status
Status
Rank
Rank
Status
Mammal Mustela frenata
Long-tailed
Weasel
W3
none
S3
G5
Catawba
Current
Freshwater Cyprinella
Fish labrosa
Thicklip Chub
W5
W5
none
none
S3
S3
G4
G4
Catawba
Catawba
Current
Current
Freshwater
Cyprinella
Santee Chub
Fish
zanema
Vascular Plant Tsuga
Carolina
W5
none
S2
G2G3
Catawba
Current
caroliniana
Hemlock
Morelia
Vascular Plant
Evergreen
W6
none
S5
G5
Catawba
Current
caroliniensis
Bayberry
Eastern White
Vascular Plant F Pinus strobus
W6
none
S5
G5
Catawba
Historical
Pine
Vascular Plant Smilax
Laurel -leaf
W6
none
S5
G5
Catawba
Current
laurifolia
Greenbrier
Vascular Plant Pycnanthemum
Basil
W7
none
S1?
G1G2
Catawba
Current
clinopodioides
Mountain -mint
Boynton's
W7
none
S2?
G4T3?
Current
Vascular Plant Robinia hispida
Catawba
var. rosea
Locust
Vascular Plant Tilia americana
American
W7
none
S1?
G5T5
Catawba
Current
var. amercana
Basswood
Vascular Plant Tradescantia
Catawba
Hairy
W7
none
S2
G5
Current
hirsuticaulis
Spiderwort
Three -parted
W7
none
S2?
G5
Historical
Vascular Plant Viola tripartita
Catawba
Violet
Vascular Plant Yu(;cd fiaccida
Weakleaf
W7
none
S1?
G5
Catawba
Current

New Roy Cooper, Governor
•� mm NC DEPARTMENT OF Susi Hamilton, Secretary
■�,-t m NATURAL AND CULTURAL RESOURCES
a ■ox Walter Clark, Director, Land and Water Stewardship
NCNHDE-13785
January 22, 2021
Mary Grace Gaskin
ERM
300 West Summit Ave
Charlotte, NC 28203
RE: Blackburn Solar Site; 0554704
Dear Mary Grace Gaskin:
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
A query of the NCNHP database indicates that there are records for rare species, important natural
communities, natural areas, and/or conservation/managed areas within the proposed project
boundary. These results are presented in the attached `Documented Occurrences' tables and map.
The attached `Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one -mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile
radius of the project area, if any, are also included in this report.
If a Federally -listed species is documented within the project area or indicated within a one -mile
radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service
(USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here:
httr)s://www.fws.aov/offices/Directory/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
Also please note that the NC Natural Heritage Program may follow this letter with additional
correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund
easement, or an occurrence of a Federally -listed species is documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at rod ney.butlerCo�ncdcr.aov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPARTMENT OF NATURAL AND CULTURAL RESOURCES
121 W JON S STREET, RALEIGI I_ NC 27603 - 16Sl MAOL SERVICE CENTER. PALEIGW. rkc 276�0
OFC 919.707,9120 • FAK 919.707.9121

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QPP��gNT OF Tye/ FISH & WILDLIFE
SERVICE
29 United States Department of the Interior
o
FISH AND WILDLIFE SERVICE
�9RCH 3,Asheville Field OfficeMoFTNa,"
160 Zillicoa Street Suite #B
Asheville, North Carolina 28801
April 5, 2021
Ms. Tara Low
ERM NC, Inc.
300 West Summit Avenue, Suite 330
Charlotte, North Carolina 28203
Dear Ms. Low:
Subject: Listed Species Assessment, for Proposed 759-Acre Solar Array Site (Blackburn Solar),
adjacent to Hickory-Lincolnton Highway, near Lincolnton, Catawba County, North
Carolina
On March 3, 2021, we received (via e-mail) a letter from you requesting our review of the
subject prof ect. Included with your letter was a copy of the threatened and endangered species
assessment (conducted by ERM NC, Inc. personnel) for the project site. On March 25, 2021,
Mr. Bryan Tompkins of our staff attended a meeting with personnel from NextEra Energy and
ERM NC, Inc. to discuss the construction plans and details of the proposed 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, NextEra Energy is proposing to
construct a solar array on a 759-acre site. The site is divided into a larger western area where the
solar array will be constructed, and a smaller eastern area that contains the proposed transmission
interconnection location. The proposed project site consists of agricultural fields, active cattle
pasture, areas of planted pine plantation for commercial harvest, mixed hardwood forested areas,
and floodplain from the South Fork Catawba River which flows along the eastern boundary of
the site. Ten perennial streams and eleven intermittent streams, including several unnamed
tributaries to South Fork Catawba River. The project site also contains several areas of wetlands.
There are currently no plans to impact aquatic resources for access crossings or development of
the site.
Federally Listed Endangered and Threatened Species. According to the information
presented, surveys were conducted for federally listed species in May 2020 and December 2020.
Surveys were conducted for federally listed species including Michaux's sumac (Rhus

Ms. Low — ERM NC, Inc. 2
michauxii), and Schweinitz's sunflower (Helianthus schweinitzii) both of which are currently
federally listed as endangered species; as well as, dwarf -flowered heartleaf (Hexastylis
naniora), which is currently federally listed as a threatened species. Survey results indicate that
no individuals of these federally listed species were found. Due to the negative survey results,
your assessment indicates that a "no effect" determination has been provided for these species.
We concur with the "no effect" determination for Michaux's sumac, Schweinitz's sunflower, and
dwarf -flowered heartleaf.
Although surveys were not conducted for northern long-eared bat (Myotis septentrionalis) which
is currently federally listed as a threatened species, the assessment indicates that suitable
maternity roosting habitat is present at the site. As you indicated, the project site is not within
150-feet of a known roost tree or'/4-mile of a known hibernacula. Because the final 4(d) rule
(effective as of February 16, 2016) exempts incidental take of northern long-eared bat associated
with activities that occur greater than 0.25 miles from a known hibernation site, and greater than
150 feet from a known, occupied maternity roost during the pup season (June 1 — July 31). Based
on the information provided, tree clearing associated with the project will not occur between
April 1 through July 31 and the project site is located where any incidental take that may result
from associated activities is exempt under the 4(d) rule.
Therefore, we believe the requirements under section 7 of the Act are fulfilled for the previously
mentioned federally listed species. 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.
Pollinators. Pollinators, such as most bees, some birds and bats, and other insects, including
moths and butterflies, play a crucial role in the reproduction of flowering plants and production
of most fruits and vegetables. Over 75% of flowering plants and about 75% of crops are
pollinated by these types of fauna. A recent study of the status of pollinators in North America
by the National Academy of Sciences found that populations of honey bees (which are not native
to North America) and many wild pollinators are declining. Declines in wild pollinators are a
result of loss, degradation, and fragmentation of habitat and disease. Because loss of habitat and
diminished native food sources have decreased the populations and diversity of pollinators
throughout the country, we recommend that development projects be sited in areas that are
previously disturbed (fallow fields, closed industrial sites, etc.) or sites that do not impact mature
forests, streams, or wetlands.
We have records of rare pollinator species in the area, including monarch butterfly (Danaus
plexippus plexippus), a federal candidate for listing'. There are many potential reasons for the
' "Taxa for which the [Fish and Wildlife] Service has on file enough substantial information on biological
vulnerability and threat(s) to support proposals to list them as endangered or threatened. Proposed rules have not yet
been issued because this action is precluded at present by other listing activity. Development and publication of
proposed rules on these taxa are anticipated. The Service encourages State and other Federal agencies as well as
other affected parties to give consideration to these taxa in environmental planning" (Federal Register, February 28,
1996). Taxa formerly considered as "Category 1" are now considered as "candidates."

Ms. Low — ERM NC, Inc.
butterfly's decline, including those listed above, pesticide use, logging at overwintering sites, and
climate change. Adults use a wide variety of flowering plants throughout migration for nectar
and breeding. However, milkweed plants (Asclepias spp.) are essential to monarch breeding as
these are the only genus of plants that can host monarchs in their larval form. For a regional and
season list of plants important to monarch butterflies visit the Xerces Society website at
http://www.xerces.org/m onarch-nectar-plants/. Although the provisions of section 7 of the Act
do not currently apply to candidate species or other non -listed pollinators, we would greatly
appreciate your assistance in determining if monarch butterflies or suitable habitat for this
species is present on the proposed project site. If individuals or suitable habitat is present,
impacts should be avoided. More specific information about monarch butterfly can be found at
the Service website dedicated to the species at https://www.fws.gov/savethemonarch/.
While solar energy production 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 reduce development impacts to monarch butterflies and other pollinators,
and/or to increase the habitat and species diversity within the project area, we recommend the
following measures be incorporated into project plans:
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.or /ypp-content/uploadsl2014/09lMidAtlanticPlantList 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.
2. Create openings in fencing to allow passage for small mammals and turtles.

Ms. Low — ERM NC, Inc. 4
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.
Implement a mowing and maintenance program that restricts mowing during the summer
months. Mowing at the site should be restricted to the smallest area possible to manage the
site for pollinator habitat. We recommend that your client evaluate its maintenance plan to
target ecological/habitat benefits to other wildlife species, especially pollinators and birds
that require Piedmont Prairie habitat. One of the best ways to accomplish this objective is to
use Integrated Vegetation Management (IVM) practice using low -volume herbicide
applications when planning management activities. Recent research indicates that pollinator
nest sites in utility right-of-ways managed with IVM practices have been found to contain
about 30% more pollinator nesting sites and species richness than traditionally mowed
maintenance areas. Aside from removing problem vegetation, the primary focus should be
placed on establishing native grasses and wildflowers throughout the site. The overall
objective is to reach a sustainable level of grasses, forbs, and flowering shrubs (wherever
feasible) throughout the project area.
6. 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.

Ms. Low — ERM NC, Inc.
7. 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.lWs.goLl
polhnatoLsl
pollinatorpygfs1jourhel
p.html.
We appreciate the opportunity to provide comments on this project. We appreciate the
opportunity to provide comments on this project. Please contact Mr. Bryan Tompkins of our
staff at 828/258-3939, Ext. 42240, if you have any questions. In any future correspondence
concerning this project, please reference our Log Number 4-2-21-216.

Appendix F: North Carolina Historic
Preservation Office Correspondence

Governor Roy Cooper
June 18, 2021
North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bactos, Administrator
Secretary D. Reid Wilson
Emily Tucker -Laird
ERM
3300 Breckinridge Boulevard, Suite 300
Duluth, Georgia 30096
emily.lairdgerm.com
Re: Construct Blackburn Solar Farm, east of Lincolnton Highway, Catawba County, ER 21-1164
Dear Ms. Tucker -Laird:
Thank you for your email of April 27, 2021, regarding the above -referenced undertaking. We have
reviewed the submittal and offer the following comments.
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 919-814-6579
or environmental. reviewgncdcr. gov. In all future communication concerning this project, please cite the
above referenced tracking number.
Sincerely, ,
� n �ak�
�r Ramona Bartos, Deputy
(� State Historic Preservation Officer
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: [phone]-6898