HomeMy WebLinkAbout20210045 Ver 3_ePCN Application_20220622Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 13, 2022 Ver 4.3
Initial Review
Has this project met the requirements for acceptance in to the review process?*
OO Yes
O No
Is this project a public transportation project?*
OYes 0No
Change only if needed.
Pre -Filing Meeting Date Request was submitted on:
6/10/2022
BIMS # Assigned* Version#*
20210045 3
Is a payment required for this project?*
O No payment required
O Fee received
O Fee needed - send electronic notification
Select Project Reviewer*
Robert Tankard:eads\rbtankard
Information for Initial Review
Reviewing Office*
Washington Regional Office - (252) 946-6481
la. Name of project:
COURTESY COPY Harding Solar Development
la. Who is the Primary Contact?*
Tanitra Seibles
lb. Primary Contact Email:*
tanitra.seibles@narenco.com
Date Submitted
6/22/2022
Nearest Body of Water
Wheat Swamp Creek
Basin
Neuse
Water Classification
C, SW, NSW
Site Coordinates
Latitude:
35.392762°
A. Processing Information
Longitude:
-77.607997°
lc. Primary Contact Phone:*
(803)730-2591
County (or Counties) where the project is located:
Greene
Is this a NCDMS Project
0Yes ONo
Is this project a public transportation project?*
0Yes ONo
la. Type(s) of approval sought from the Corps:
EI Section 404 Permit (wetlands, streams and waters, Clean Water Act)
❑ Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
O Yes
O No
Please provide the date of the previous submission.*
1 /31 /2022
1b. What type(s) of permit(s) do you wish to seek authorization?
U Nationwide Permit (NWP)
O Regional General Permit (RGP)
O Standard (IP)
lc. Has the NWP or GP number been verified by the Corps?
0Yes (it No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
NWP 14
Id. Type(s) of approval sought from the DWR:
OO 401 Water Quality Certification - Regular
O Non-404 Jurisdictional General Permit
O Individual 401 Water Quality Certification
57 - Electric Utility Line and Telecommunications Activities — (frequently used)
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:
If. Is this an after -the -fact permit application?*
OYes C No
0 401 Water Quality Certification - Express
0 Riparian Buffer Authorization
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
0 Yes
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1h. Is the project located in any of NC's twenty coastal counties?
0 Yes • No
1j. Is the project located in a designated trout watershed?
Yes • No
B. Applicant Information
OYes 0O No
OO Yes 0 No
ld. Who is applying for the permit?
0 Owner ✓ Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
OYes 0No
2. Owner Information
2a. Name(s) on recorded deed:
Shackelford, Francis H. Jr; Sugg, Thomas
2b. Deed book and page no.:
581/727 11/23/2004 03; & 728/653-12/30/2019 03
2c. Contact Person:
Tanitra Seibles (Harding Solar, LLC) (lessee)
2d. Address
Street Address
Franklin Jones Road
Address Line 2
City
Hookerton
Postal / Zip Code
28538
2e. Telephone Number:
(803)730-2591
2g. Email Address:*
tanitra.seibles@narenco.com
3. Applicant Information (if different from owner)
3a. Name:
Harding Solar, LLC
3b. Business Name:
3c. Address
Street Address
227 Southside Drive
Address Line 2
Suite B
City
Charlotte
Postal / Zip Code
28217
3d. Telephone Number:
(830)730-2591
3f. Email Address:*
tanitra.seibles@narenco.com
4. Agent/Consultant (if applicable)
4a. Name:
Valerie Locker
4b. Business Name:
Environmental Consulting & Technology of North Carolina, PLLC (ECT)
4c. Address
Street Address
7208 Falls of Neuse Road
Address Line 2
Suite 102
City
Raleigh
Postal / Zip Code
27615
4d. Telephone Number:
(860)305-9110
4f. Email Address: *
vlocker@ectinc.com
State / Province / Region
NC
Country
United States
2f. Fax Number:
State / Province / Region
NC
Country
United States
3e. Fax Number:
State / Province / Region
NC
Country
United States
4e. Fax Number:
C. Project Information and Prior Project History
1. Project Information
lb. Subdivision name:
(if appropriate)
lc. Nearest municipality / town:
Hookerton
2. Project Identification
2a. Property Identification Number:
0301142, 0301083
2b. Property size:
37.11; 48.62
2c. Project Address
Street Address
Franklin Jones Road
Address Line 2
City
Hookerton
Postal / Zip Code
28538
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
Wheat Swamp Creek
3b. Water Resources Classification of nearest receiving water: *
C, SW, NSW
3c. What river basin(s) is your project located in?*
Neuse
3d. Please provide the 12-digit HUC in which the project is located.
030202030704
4. Project Description and History
State / Province / Region
NC
Country
United States
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: *
Harding Solar, LLC previously submitted an application for authorization of the solar project under NWP 14 on 1/31/22. Due to a change in landowner requirements, the electric line
corridor was shifted north and west of its prior location. The relocated segments of the electric line corridor run along the southern side of the Shackleford property through an existing
cleared walking/hunting path composed of emergent wetland then turn south onto the Sugg property through a forested wetland. The collection line corridor then exits the woods onto
agricultural land.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
@ Yes O No 0 Unknown
If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000).
DWR #2021-0045 V2 (prior communication uploaded below)
SAW-2021-00034 (prior communication uploaded below)
4f. List the total estimated acreage of all existing wetlands on the property:
11.59
4g. List the total estimated linear feet of all existing streams on the property:
735
4h. Explain the purpose of the proposed project:*
Harding Solar, LLC is proposing to develop an approximately 39-acre Project area for solar arrays, an associated access road, an approximately 0.36-acre Point of Interconnection (P01)
to the existing electric grid, and a POI easement corridor in Hookerton Township, Greene County, NC. The project was previously reviewed by the NC DWR and stream impacts for an
access road were determined to meet the general WQC for NWP 14. Due to landowner considerations, the POI easement corridor has shifted and additional wetland impacts are required.
The proposed electric collection line will be installed underground.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
Surface water impacts for the relocated POI easement corridor are limited to 0.012 acre of permanent wetland fill required to install a sectionalizing cabinet along the POI easement
corridor. The collection line will be installed via horizontal directional drilling in two segments. The first segment will begin in uplands within the array area on the Jones parcel and will
extend northwest to the sectionalizing cabinet pad. The second segment will begin in uplands on the Sugg parcel and will extend northeast to the sectionalizing cabinet pad. Equipment will
access the sectionalizing cabinet work area through an existing cleared walking/hunting path on the Shackelford parcel that extends northwest towards Highway 123 S; this corridor is
assumed to be forested wetland based on desktop review. No tree clearing in forested wetlands is proposed for installation of the electric collection line.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas? *
OYes 0 No
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made? *
® Preliminary 0 Approved 0 Not Verified O Unknown 0 N/A
Corps AID Number:
SAW-2021-00034
5c. If 5a is yes, who delineated the jurisdictional areas?
0 Unknown
Name (if known):
Agency/Consultant Company: Environmental Consulting & Technology
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
The Corps site visit was completed on September 10, 2021. The new POI easement corridor contains a wetland that was verified during the initial Project review and is therefore assumed
to be a Water of the U.S.
6. Future Project Plans
6a. Is this a phased project?*
O Yes O 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?
The access road for the solar generation facility was authorized under the NWP 14. This authorized 331f of permanent impacts and 201f of temporary impacts within the intermittent Stream
1 for improvement of an existing culvert crossing.
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
Wetlands O Streams -tributaries
❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
❑ Buffers
2a. Site #* (?)
2a1 Reason (?)
2b. Impact type* (?)
2c. Type of W.*
2d. W. name
2e. Forested*
2f. Type of Jurisdicition*
(?)
2g. Impact
area*
W1
Equipment Pad
P
Pine Flat
W1
No
Corps
0.012
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.012
2i. Comments:
2g. Total Permanent Wetland Impact
0.012
An equipment pad for the sectionalizer will be installed in a portion of W1 within a cleared walking/hunting trail. Bore pits for installation of the
underground electric collection line will be excavated within the footprint of the pad. Equipment accessing the pad will be placed on matting over
emergent portions of W1 as needed based on site conditions. Heavy equipment is not anticipated to be required for completion of the proposed work.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The solar facility has been sited entirely within upland areas. Due to landowner limitations, the collection corridor has to cross Waters of the U.S. to
reach the point of interconnection with the existing electric grid infrastructure. The Project was designed to install the collection line underground via
horizontal directional drilling (HDD) where it crosses W1, thereby limiting ground disturbance within W1 to 0.012ac necessary for the work/equipment
pad for the bore pits and sectionalizer.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
To the extent practicable, bore pits have been placed in uplands. A SWPPP will be prepared and implemented during construction to minimize indirect
impacts from erosion and sedimentation.
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:
Permanent impacts are limited to 0.012ac of previously disturbed portions of W1. It is the professional opinion of ECT that this impact area will have minimal adverse environmental effect
and compensatory mitigation is not recommended.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
lei Yes L. No
What type of SCM are you providing?
Level Spreader
O Vegetated Conveyance (lower SHWT)
O Wetland Swale (higher SHWT)
O Other SCM that removes minimum 30% nitrogen
O Proposed project will not create concentrated stormwater flow through the buffer
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
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.
The Project area will be revegetated within the solar panel array and removed from extensive agricultural use, thereby reducing runoff to downstream
waters. The Project is not part of a phased development.
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.
Raleigh
5d. Is another Federal agency involved?*
• Yes
What Federal Agency is involved?
USAGE NWP 14 & 57 Self -Certification
5e. Is this a DOT project located within Division's 1-8?
Yes • No
No Unknown
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
0Yes ®No
5g. Does this project involve bridge maintenance or removal?
OYes 0• No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
0Yes ®No
5i. 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.?
0Yes CNo
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
USFWS Information, Planning, and Consultation (IPaC) tool; technical assistance letter submitted to the Raleigh ES Field Office; technical assistance
letter submitted to North Carolina Natural Heritage Program
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
O Yes O No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
NOAA Fisheries Essential Fish Habitat Mapper
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?*
O Yes O No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
Desktop Cultural Resource Assessment including literature review and archival research of North Carolina of State Archaeology records and the North
Carolina State Historic preservation Office HPOWeb online database.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
O Yes O No
8c. What source(s) did you use to make the floodplain determination?*
FEMA floodplain map
Miscellaneous U
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
Harding_Del i neationAdde nd u m_20220331. pdf
SAW-2021-00034 JD Harding-Signed.pdf
USACE_20220114.pdf
Harding_ImpactMap_20220620.pdf
File must be PDF or KMZ
4.2MB
2.17MB
131.16KB
1.04MB
Comments
For reference, we are enclosing: the issued PJD, the delineation report addendum that includes the shifted collection easement, prior coordination with the USACE that the permanent
access road meets NWP 14 self -certification, and revised impact maps.
Signature
j 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:
Valerie Locker
Signature
Date
6/22/2022
Jayme Huston
From: Thompson, Emily B CIV USARMY CESAW (USA) <Emily.B.Thompson@usace.army.mil>
Sent: Friday, January 14, 2022 8:21 AM
To: Valerie Locker
Cc: Tanitra Seibles; Jayme Huston
Subject: RE: Harding (SAW-2021-00034): Self -Certification Request
Attachments: HardingSolar_NWP14 Letter_20201229.pdf; 2017NWP14.pdf
Follow Up Flag: Follow up
Flag Status: Flagged
Hi Val (on behalf of Harding Solar, LLC),
Based on the information you submitted via email on December 29, 2021 (attached), the above referenced project
appears to be authorized under Nationwide Permit (NWP) 14 and does not require notification to the Corps. Attached is a
copy of the NWP 14 including the applicable permit conditions. Please note that the project must be accomplished in
strict accordance with these conditions and your submitted description, and any violation of the conditions or deviation
from your submitted description may subject the permittee to a stop work order, a restoration order and/or appropriate
legal action. The Action Identification Number for this project is SAW-2021-00034.
It is your responsibility to contact the North Carolina Division of Water Resources (NCDVVR) Washington Regional Office
to determine the 401 requirements for this project. Please note that, if an Individual 401 WQC is required from NCDWR,
the conditions of the Individual 401 WQC, once issued, are also conditions of the NWP referenced above. You may not
conduct the activity authorized by the above referenced NWP without a valid 401 Water Quality Certification.
Let me know if you have any questions,
Emily
Emily B. Thompson
Regulatory Specialist
U.S. Army Corps of Engineers
Washington Regulatory Field Office
2407 W. 5th Street
Washington, NC 27889
(910) 251-4629
Emily.B.Thompson@usace.army.mil
We at the U.S. Army Corps of Engineers Regulatory Branch are committed to improving service to our customers. We
would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is
located at: https://requlatory.ops.usace.army.mil/customer-service-survey/
Thank you for taking the time to visit this site and complete the survey.
From: Valerie Locker <vlocker@ectinc.com>
Sent: Wednesday, December 29, 2021 8:41 AM
To: Thompson, Emily B CIV USARMY CESAW (USA) <Emily.B.Thompson@usace.army.mil>
Cc: Tanitra Seibles <tanitra.seibles@narenco.com>; Jayme Huston <JHuston@ectinc.com>
Subject: [Non-DoD Source] Harding (SAW-2021-00034): Self -Certification Request
Good morning Emily,
As we discussed on the phone a month or so ago, the Harding Solar Project (No. SAW-2021-00034) in Greene
County has been designed to meet the conditions of a self -certifying NWP 14 for linear transportation activities.
Impacts to Waters of the US (WOTUS) have been reduced to one culvert extension that is necessary to improve the
i
site access road. A detailed description of the proposed project, summary of WOTUS impacts, stream crossing
details, and the overall site plan are provided in the attached letter PDF.
We are respectfully requesting on behalf of Harding Solar, LLC concurrence that the Harding Solar Project meets
self -certification under the NWP 14. Could you confirm receipt of the request?
Let us know if you have any questions and have a great new year!
Val Locker, CPESC
Senior Associate Scientist III
Natural Resources
M: 860.305.9110
me,
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