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Home My WebLink About20141027 Ver 1_401 Application_20140914.� � rvic( www�� ro E W �mm 1,1 �I� � S w � � � � Standard ' "�" mw, ' � u - �w �w�.. iw�.aw -- iiii �� Lei ui .,rA, r i�yi °7i ,, truc on Math. "'III "� - �ry � �:�� ..�4�� :"�: �� m� �� l � .�u �i�.�� iu� .��i i o�ilui��., Septermber 19, 2014 Mr. William Wescott Washington Regulatory Field Office United States Army Corps of Engineers 2407 West Fifith Street Washington, North Carolina 27889 Reference: Pre - Construction Notification Application Request for NWP 14 Kinston -Davis Solar Farm — Approximate 79 acre tract 897 Tyree Road Kinston, Lenoir County, North Carolina ECS Project #: 06: 21583 Dear Mr. Wescott: Attached please find two copies of the Pre - Construction Notification Application for the approximate 79 acre site located at 897 Tyree Road in Kinston, Lenoir County, North Carolina. The purpose of this project is to develop the site with a solar farm, access roads, and associated utility lines /easements. On behalf Strata Solar, LLC ECS is requesting that a NWP 14 be issued to authorize the permanent impact of 4,584 square feet or 57.3 linear feet to the jurisdictional tributary. The attached permit application and associated exhibits provide details pertaining to the proposed project impacts. The site is located within the Neuse River Basin, and therefore buffer impacts are applicable to this permit. The proposed impacts include widening the existing culvert crossing which is 24 foot wide for access to the central portion of the site and providing an overhead line utility crossing. Please feel free to contact us at 919.861.9910 if you have questions concerning this request or if additional information is required. Thank you in advance for your timely consideration of this matter. Sincerely, ECS Carolinas, LLP Cory Darnell Environmental Project Manager u Ryan Conchilla, PWS Environmental Project Manager Attachement: Pre - Construction Notification Application and Exhibits Cc: Ms. Karen Higgins — NC DWR/401 Wetlands Unit 9001 � ° °�h��w r� °�r':��fl�� 1��.�u�.��, F, ?Ialeklt� NC - 27617-7505 - 1,., 91M61 9910 - R , ± f . . ... . rrOted con, IJ'C ,� f,di /i r, rl aB:. LILC , J s (f f;; �Yr ;ii ui+:� „�J "C L, ,. ��, ,`a lh.F" ® ®ems® 9oG Office Use Only: Corps action ID no. ° DWQ project no. Form Version 1.3 Dec 10 2008 Pre - Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ®Section 404 Permit El Section 10 Permit 1b. 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 ❑ No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ® 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 For the record only for DWQ 401 For the record only for Corps Permit: because written approval is not required? Certification: ❑ Yes ® No ® Yes ❑ No 1 f. 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 ❑ Yes ® No fee program. 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h ❑ Yes ® No below. 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project: Kinston -Davis - Proposed Solar Farm 2b. County: Lenoir 2c. Nearest municipality / town: Kinston 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Mr. William L. Davis 3b. Deed Book and Page No. 862 PG 231 and PG210 3c. Responsible Party (for LLC if applicable): 3d. Street address: 3720 Highway 55 West 3e. City, state, zip: Kinston, NC 28504 3f. Telephone no.: 252.527.3727 3g. Fax no.: 919.861.9911 ECS Fax 2h C.,,M71 !,,4'1 -QQ; N/A Page 1 of 11 PCN Form — Version 1.3 December 110, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ® Agent ❑ Other, specify: 4b. Name: Mr. Cullen Morris 4c. Business name (if applicable): Strata Solar, LLC 4d. Street address: 50101 Govenor's Drive, Suite 280 4e. City, state, zip: Raleigh, NC 27517 4f. Telephone no.: 919.960.6015 ext. 310 4g. Fax no.: 919.960.7717 4h. Email address: cmorris @stratasolar.com 5. Agent/Consultant Information (if applicable) 5a. Name: Mr. Ryan Conchilla 5b. Business name (if applicable): ECS Carolinas, LLP 5c. Street address: 9001 Glenwood Avenue 5d. City, state, zip: Raleigh, NC 27617 5e. Telephone no.: 919 - 861 -9910 5f. Fax no.: 919.861.9911 5g. Email address: RConchilla@ecslimited.com Page 2 of 11 PCN Form — Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History I 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 450302567776 1 b. Site coordinates (in decimal degrees): Latitude: 35.218668 Longitude: - 77.642525 (DD.DDDDDD) (- DD.DDDDDD) 1 c. Property size: 79 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to proposed project: Neuse River 2b. Water Quality Classification of nearest receiving water: C, SW, NSW 2c. River basin: Neuse 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: The site consists mostly of agricultural land. Undeveloped wooded land, ditches, and two jurisdictional streams and a jurisdictional tributary are located on -site. The site is surrounded by residential properties and commercial businesses.. 3b. List the total estimated acreage of all existing wetlands on the property: 0.0 acres 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 912 linear feet 3d. Explain the purpose of the proposed project: The purpose of the proposed project is to develop the site with a solar farm. The proposed impacts include widening the existing 24 foot wide road culvert crossing to 40 feet wide, which will provide access to the central portion of the site. Additionally, an overhead utility line is proposed within the 24 foot wide crossing. 3e. Describe the overall project in detail, including the type of equipment to be used: Clearing, grading, earthwork, and construction activities. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? ® Yes ❑ No ❑ Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type Preliminary (9 Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency /Consultant Company: ECS Carolinas, LLP Name (if known): Ryan Conchilla/ Cory Darnell Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. August 7, 2014 - -- Mr. William Wescott 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑Yes ® No El Unknown 5b. it yes, explain in detail according to "help file" instructions. Page 3 of 11 PCN Form — Version 1.3 December 10, 2008 Version 6. Future Project Plans 6a. Is this a phased project? 6b. If yes, explain. ❑ Yes ® No Page 4 of 11 PCN Form — Version 1.3 December 10, 2008 Version Page 5 of 11 PCN Form — Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑ Wetlands ® 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. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number — Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ — non -404, other) (acres) Temporary T W1 ❑ P ❑ T NONE I--] Yes El Corps ❑ No ❑ DWQ W2 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W3 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W4 ❑ P [IT ❑ Yes ❑ Corps ❑ No ❑ DWQ W5 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W6 ❑ P ❑ T ❑ Yes ❑ Corps El No ❑DWQ 2g. Total wetland impacts 2h. Comments: Notification to the USACE is not warranted prior to commencing activity because there is no loss of waters of the US that exceed 1/10 -acre and there is no discharge into a special aquatic that includes site wetlands (Reference NWP 14). Wetlands are not expected to be impacted during construction.. 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 - 3b. Type of impact 3c. Stream name 3d. Perennial 3e. Type of jurisdiction 3f. Average 3g. Impact Permanent (P) or Temporary (T) (PER) or intermittent (Corps - 404, 10 DWQ — non -404, stream width length (linear (INT)? other) (feet) feet) S1 ® P ❑ T Stream Crossing UT to Neuse ® PER ❑ INT ❑ Corps ® DWQ 4 -5 57.3 S2 ❑ P [IT ❑ PER ❑ Corps ❑ INT ❑ DWQ S3 ❑ P [IT ❑ PER ❑ Corps ❑ INT ❑ DWQ S4 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S5 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ au L-i r L-i i PER ❑ Corps ❑ INT ❑DWQ 3h. Total stream and tributary impacts 57.3 3i. Comments: The total proposed impact for the jurisdictional tributary crossing is 57.3 linear feet or 4,584 sf . This accounts fora. feet of permanent impact for upgrading an existing culvert crossing. An overhead utility line is also proposed within this area. Page 5 of 11 PCN Form — Version 1.3 December 10, 2008 Version 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 individually 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 ❑P ❑T 02 ❑P ❑T 03 ❑P ❑T 04 ❑P ❑T 4f. Total open water impacts 4g. Comments: N/A 5. Pond or Lake Construction If pond or lake construction proposed, then com lete 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 Flooded P1 P2 5f. Total 5g. Comments: N/A 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: Page 6 of 11 PCN Form — Version 1.3 December 10, 2008 Version Page 7 of 11 PCN Form — Version 1.3 December 10, 2008 Version 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. ® Neuse ❑ Tar - Pamlico ® Other: Cape Fear Project is in which protected basin? ❑ Catawba ❑ Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number — Permanent (P) Reason for impact Stream name Buffer mitigation Zone 1 impact (square feet) Zone 2 impact (square feet) or Temporary required? T B1 ® P ❑ T Crossing/Utility UT to Neuse River ® Nos 3001 1583 62 ❑ P ❑ T ❑ Yes ❑ No B3 ❑P ❑T El Yes ❑ No 6h. Total buffer impacts 6i. Comments: D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Due to the proposed use of the site as a solar farm, a 24 foot wide access road is needed for site construction. It is necessary to cross one jurisdictional tributary to access the the central portion of the site. The road will permanently impact 57.3 linear feet of stream and the overhead utility line will cross the 50 foot Neuse River Basin buffer. The stream impact was designed where impacts were minimized and occur in an area where the stream channel is relatively straight. The solar array and necessary infastructure (overhead /underground voltage lines, inverters, etc) have been designed to avoid impacts to jurisdictional streams, ponds, and wetlands. No wetland impacts are expected. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. The clearing limits will be staked and silt fence will be used around the perimeter of the construction zone. Temporary erosion control measures will be maintained throughout construction. Appropriate stream bank protection will be provided in the channel during construction and excess excavated material we be removed from the stream bank crossing area. During construction, the entrance will be gravel per NCDENR -Land Quality requirements. Following construction, the entrance will be constructed per approved NCDOT driveway permit. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for ❑ Yes ® No impacts to Waters of the U.S. or Waters of the State? 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps ❑ Mitigation bank 2c. If yes, which mitigation option will be used for this project? ❑ 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 Quantity Page 7 of 11 PCN Form — Version 1.3 December 10, 2008 Version 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: ❑ warm ❑ cool ❑cold 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, 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 buffer mitigation? ® Yes ❑ No 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. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 Crossing /Overhead Utility Line 3,001 3 (2 for Catawba) 9,003 Zone 2 Crossing /Overhead Utility Line 1,583 1.5 2,374.5 6f. Total buffer mitigation required: 11,377.5 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). Impact is allowable. 6h. Comments: Page 8 of 11 PCN Form — Version 1.3 December 10, 2008 Version Page 9 of 11 PCN Form — Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWa) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? ❑ Yes ® No 1 b. If yes, then is a diffuse flow plan included? If no, explain why. Comments: ❑ Yes ® No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? <1 -2 % 2b. Does this project require a Stormwater Management Plan? ❑ 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: The proposed development plans for the site, which include a ground- mounted solar array system, is less than 1 -2% of impervious surface. Grading activities across the site are not anticiapted. 2e. Who will be responsible for the review of the Stormwater Management Plan? ❑ Certified Local Government ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Kinston ❑ Phase If ❑ NSW ❑ USMP 3b. Which of the following locally - implemented stormwater management programs ❑ Water Supply Watershed apply (check all that apply): ® Other: The proposed solar development plan does not require a SMP, based on less than 2% of impervious surface resulting from site development. 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ® No attached? 4. DWa Stormwater Program Review ❑ Coastal counties 4a. Which of the following state - implemented stormwater management programs apply El [I [I ORW (check all that apply); ❑ Session Law 2006 -246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ® No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? Z Yes ❑ No Page 9 of 11 PCN Form — Version 1.3 December 10, 2008 Version 5b. Have all of the 401 Unit submittal requirements been met? ToYes ❑ No F. Supplementary Information 1. Environmental Documentation (DWO Requirement) 1 a. Does the project involve an expenditure of public (federal /state /local) funds or the ❑ Yes ® 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 ❑ 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 letter.) ❑ Yes ❑ No Comments: 2. Violations (DWO 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 ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after - the -fact permit application? ❑ Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWO Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑Yes ®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 (DWO 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 discharge is expected. Page 10 of 11 PCN Form — Version 1.3 December 10, 2008 Version 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 ❑ No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ® es Y No ❑ impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh ® ❑ Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? USFWS On -line Database, Attached correspondence with USFWS - Mr. Pete Benjamin 6 -12 -14 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? USFWS On -line Database 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 ® 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? State Historic Preservation Office- Raleigh, NC, Attached correspondence received from Ms. Romona Bartos on 3- 20 -14. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA- designated 100 -year floodplain? ❑ Yes ® No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? FEMA On -line Map Service Center- attached in permit application. Ryan Conchilla 9 -19 -14 Applicant/Agent's Printed Name p licant/Agent's Signature Date (Agent's sig a is v only if an authorization letter from the applicant is provided.) Page 11 of 11 PCN Form — Version 1.3 December 10, 2008 Version I',. . ", June 12, 2014 Cory Darnell ECS Carolinas LLP 9001 Glenwood Avenue Raleigh, NC 27617 Re: Kinston -Davis Farm- Proposed Solar Site- Lenoir County, NC" Dear Mr. Darnell: This letter is to infonn you that a list of all federally - protected endangered and threatened species with known occurrences in North Carolina is now available on the U.S. Fish and Wildlife Service's (Service) web page at http: / /www.fws.gov /raleigh. Therefore, if you have projects that occur within the Raleigh Field Office's area of responsibility (see attached county list), you no longer need to contact the Raleigh Field Office for a list of federally- protected species. Our web page contains a complete and frequently updated list of all endangered and threatened species protected by the provisions of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.)(Act), and a list of federal species of concern' that are known to occur in each county in North Carolina. Section 7 of the Act requires that all federal agencies (or their designated non - federal representative), in consultation with the Service, insure that any action federally authorized, funded, or carried out by such agencies is not likely to jeopardize the continued existence of any federally- listed endangered or threatened species. A biological assessment or evaluation may be prepared to fulfill that requirement and in determining whether additional consultation with the Service is necessary. In addition to the federally- protected species Iist, information on the species' life histories and habitats and information on completing a biological assessment or evaluation and can be found on our web page at http: / /www.fws.gov /raleigh. Please check the web site often for updated information or changes. I he term "federal species of concern" refers to those species which the Service believes might be in need of concentrated conservation actions, Federal species of concern receive no legal protection and their designation does not necessarily imply that the species will eventually be proposed for listing as a federally endangered or threatened species. However, we recommend that all practicable measures be taken to avoid or minimize adverse impacts to federal species of concern, If your project contains suitable habitat for any of the federally- listed species known to be present within the county where your project occurs, the proposed action has the potential to adversely affect those species. As such, we recommend that surveys be conducted to determine the species' presence or absence within the project area. The use of North Carolina Natural Heritage program data should not be substituted for actual field surveys. If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely to adversely affect) a federally- protected species, you should notify this office with your determination, the results of your surveys, survey methodologies, and an analysis of the effects of the action on listed species, including consideration of direct, indirect, and cumulative effects, before conducting any activities that might affect the species. If you determine that the proposed action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally listed species, then you are not required to contact our office for concurrence (unless an Environmental Impact Statement is prepared). However, you should maintain a complete record of the assessment, including steps leading to your determination of effect, the qualified personnel conducting the assessment, habitat conditions, site photographs, and any other related articles. With regard to the above - referenced project, we offer the following remarks. Our comments are submitted pursuant to, and in accordance with, provisions of the Endangered Species Act. Based on the information provided and other information available, it appears that the proposed action is not likely to adversely affect any federally - listed endangered or threatened species, their formally designated critical habitat, or species currently proposed for listing under the Act at these sites. We believe that the requirements of section 7(a)(2) of the Act have been satisfied for your project. Please remember that obligations under section 7 consultation 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 determined that may be affected by the identified action. However, the Service is concerned about the potential impacts the proposed action might have on aquatic species. Aquatic resources are highly susceptible to sedimentation. Therefore, we recommend that all practicable measures be taken to avoid adverse impacts to aquatic species, including implementing directional boring methods and stringent sediment and erosion control measures. An erosion and sedimentation control plan should be submitted to and approved by the North Carolina Division of Land Resources, Land Quality Section prior to construction. Erosion and sedimentation controls should be installed and maintained between the construction site and any nearby down- gradient surface waters. In addition, we recommend maintaining natural, vegetated buffers on all streams and creeks adjacent to the project site. The North Carolina Wildlife Resources Commission has developed a Guidance Memorandum (a copy can be found on our website at (http: / /www.fws.gov /raleigh) to address and mitigate secondary and cumulative impacts to aquatic and terrestrial wildlife resources and water quality. We recommend that you consider this document in the development of your projects and in completing an initiation package for consultation (if necessary). Oq We hope you find our web page useful and informative and that following the process described above will reduce the time required, and eliminate the need, for general correspondence for species' lists. If you have any questions or comments, please contact Kathy Matthews of this office at (919) 856 -4520 ext. 27. Since ly, Pete Benj min Field Supervisor K COMM LZMR NORTH CAROLINA STATE CLEARINGROUSP, DEPARTMENT OF ADMINISTRATION INTERGOVERNMENTAL REVIEW MA I vwwn - .--- FACILI MS RENEE GLEDHILL-BARLEY CLEARIMSHOUSE COORMIN47UR DEPT OF CULrURAL RESOURCES STATE HISTORIC PRESERVATION OFFICE MSC 4617 - ARCHIVES BUILDING RALEIGH NC REVIEW DISTRIBUTION, CC&PS DIV OF EM RRMIC) DENIZ �OASVkL K T I ENR LEGISLATIVE AFFAIRS DEF17 OF""' NIRIC(,R�uTURE 1)EPI'll OF CULTURAI., RESOURCES [MPT IT' 1 ,,',,',ASTERN CAR01 )XA COUNC11, PROJWT INFORMATION APIP! IC,Urr,� 1C,C, Dept, of Commerce TYPE: Scate Environmeohal Policy Act Environmental Revie,�vir STNEE NDXBMU 14 -EA600- oil",` DAT13 RECEIVED: 02/26/203A AGENCY RESPONSE- 03/ 241 / 2 0 2 4 REVIEW CLOSED: 0 3/ 2 1S /2 0 2 4 P GI (00—, k NMI, L DES& APPlication of Kinston Davis Farm, P for Certifi,i:ace to coj Lax 'N xjc : a 5 11115i ScOar, PhOtOvOltaic Electric Generating Faci3jty in Lenoir Co,, Docket #S1P -3379, Sub 0, View document h P: / htarvl. ncuc. net/NCUC/partal Sub." in the Docket NUMber seaxcb /ncuc/page /Dockets/ portal line, .3spx, Pype SP -3379 Located on the southeast corner of Kinston, NC the incersection of Highway 11 and Highway 55, Ite attached projecc has ..u. , en submitted ta he N. C'Stoce Clearingbouse fai,, intergovernmental review. Kease review and submit the a1,,,x),,�,e indicated date t o '11,301. Service Cancer, Raleigh NC 27690-1303,, if additional review time is needed, please contact this office ac '919)807-242S, .. . ....... . ...... ... ... ..... . . ] COMMMUTS ATTACHY1,) AS A RESULT OF THIS REVIEN THE FULLMING IS SUBMITTED: IMP F 1 3 0 J, SIGNED BY: C"o . ....... . .. MAR 1) 3, 2014 D 0 f. ig 0 I . a I-ITIll 0 I I d pp� 6 pY 1 BYO iA1 RIUTARY0JT- T1'�� TRNXITARY Ji -A \ 2'd ao13- a '.c a11-0 r8 \ PERENNIAL E \ STREW SA - EC EI YcKp � 594 LF. SAS A6 TOP IRON NORTHING CORN FLAGR I CO RDS. (NAO 83) 339.3273 FEET sal- aw5startdw 5181.7785 FEET 1 GRID FACTOR a 999873 L 75.39 FEET (NAVD 88) ' 538372 / _ sa4 -aws 538406 \F" 78.37 ACRES EIP CONTROL CORNER N.C. GRID COORDS. (NAD 83) N e 536405.8393 FEET E 2405116.9217 FEET PERENNIAL STREAM "SA' NORTHING FLAGR 538375 sal- aw5startdw 538344 sat -aw4 53M61 sa3 -8W6 =2209S146m4-awS 538372 _ sa4 -aws 538406 say -aw6 538433 sa6-aw6_ 538466 sa7 -aw6 538487 _ 2405034 say -aw6 538526 2405007 994 sa9 -aw6 sa1O•aw6 967 Sall -aw6 538661 2406972 sa1Z- aw7endU I 538561 2404 538594 7404 6 A.. V7� / COMBINED GRID FACTOR m 4999873 JURISDICTIONAL ELEVATION 77.17 FEET (NAVE BB) WETLANDS AREA WITH 6'A�•.•.a INTERMINGLED UPLAND POCKETS 12.54AC. TL6Z v THIS CERTIFIES THAT THIS COPY OF THIS PLAT ACCURATELY DEPCM THE BOUNDARY OF THE JURSDIC71ON OF SECTION 404 OF THE CLEAN WATER - M7`„2 ?•16 •'• _. ACT AS DETERMINED BY THE UNDERSIGNED ON THIS DATE. UNLESS THERE IS A CHANGE IN THE LAW OR OUR PUSLSHED REGULATIONS, THIS DETERMINATION OF A PERIOD NOT TO EXCEED FIVE YEARS FROM N THEY DATER THIS DETERMINATION WAS MADE UTILIZING THE APPROPRIATE REOgWLL SUPPLEMENT OF THE 1987 CORPS OF ENGINEERS WETlWDS DELINEATION MANUAL. REGULATORY OFFICIAL TITLE DATE USAGE ACTION ID =- PROCTOR, JR� CERTIFY THAT THIS MAP S CORRECT TO THE CNOWLEDGE AND BELIEF, AND WAS DRAWN FROM AN ACTUAL OARpat UNDER MY SUPERVISION ON JULY 11, 2014: AND THAT jj0-11 //'' TS, uF ANY AT THE TIME OF SURVEY ARE SHOWN. RATIO OF { s CREII7ERTW IN N /10.000— ) {1L -3621 ", "0. STRATA SOLAR °� S7EWART _ p R `L WETLMDS SURVEY aow A aaeaw d a 14allvm I�OaIaD awwr��r r ��,S,,U,R T08 ar aw aaw aat w4S wl. Low sawn alamaY Faso dM�-- iQ"taiq n►w6F i h F 1 �V\ �1 • • �iy` Im ''• •` ., <X1 0 all • 10 ii ' vim♦ .�.. • • • i Y FIGURE 1 SITE LOCATION MAP Kinston Davis Farm 897 Tyree Road Kinston, Lenoir County, North Carolina ECS Project #: 06: 21583 • o 0 all • 10 ii ' vim♦ .�.. • • • i Y FIGURE 1 SITE LOCATION MAP Kinston Davis Farm 897 Tyree Road Kinston, Lenoir County, North Carolina ECS Project #: 06: 21583 r THE STREAM //WETLAND LOCATIONS SHOWN ON THIS MAP ARE APPROXIMATE. THEY HAVE BEEN DELINEATED BY ECS (04/3012014). THEY HAVE BEEN VERIFIED BY THE USACE AND THE NCDWR ON (7/17/14). THEY HAVE NOT BEEN SURVEYED. THIS MAP IS FOR PRELIMINARY PLANNING PURPOSES. JURISDICTIONAL AREAS ARE SUBJECT TO AGENCY VERIFICATION. STATE BUFFERS REQUIRE 50 FEET FROM PERENNIAL FEATURES AS INDICATED FROM LATEST USDA -NRCS SOIL SURVEY AND /OR TOPOGRAPHIC MAPS. LEGEND m omaw Approximate Location of Site Boundary Approximate Location of Perennial Stream p Approximate Location of Wetland/Ditch ....... Approximate Location of Drainage Ditch Approximate Location of Culvert Approximate Location of 50'0 Buffer Approximate Location of Jurisdictional Feature SA1 -12 TT P/L Wetland area with pockets of small intermingled Uplands. Surveyor needs to pick up tree line SOURCE: Lenoir County GIS 2012 Aerial Photograph and ECS Field Notes Approximate Scale: I"= 400' State Buffer Requirements: 50' -0 Watershed Classification = Class C; Sw, NSW Watershed = Neuse River Basin Nearest Water Body = Neuse River Local Buffer Requirements: Same as State Requirements low FIGURE 5 WETLAND /STREAM FLAGGING LOCATION MAP Kinston Davis Farm 897 Tyree Road Kinston, Lenoir County, North Carolina ECS Project #: 06: 21583