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20210529 Ver 1_401 Application_20221118
Staff Review Form NORTH CAROLINA Envlronm¢ntcl Qvofiry Updated September 4, 2020 Staff Review Does this application have all the attachments needed to accept it into the review process?* Yes No ID# * 20210529 Version* 1 Is this project a public transportation project?* Reviewer List:* Select Reviewing Office: * Submittal Type:* Yes • No Sue Homewood:eads\slhomewood Winston-Salem Regional Office - (336) 776-9800 401 Application Does this project require a request for payment to be sent?* Yes No How much is owed?* $240.00 $570.00 Project Submittal Form Please note: fields marked with a red asterisk * below are required. You will not be able to submit the form until all mandatory questions are answered. Project Type: * For the Record Only (Courtesy Copy) New Project Modification/New Project with Existing ID More Information Response Other Agency Comments Pre -Application Submittal Re-Issuance\Renewal Request Stream or Buffer Appeal Pre -Filing Meeting Date Request was submitted on: 3/9/2021 Project Contact Information Name: Heather LaGamba Who is submitting the information? Email Address: hlagamba@pilotenviro.com Project Information ................................... Project Name: Healing Springs Is this a public transportation project? Yes No Is the project located within a NC DCM Area of Environmental Concern (AEC)? Yes No Unknown County (ies) Davidson Please upload all files that need to be submited. Click the upload button or drag and drop files here to attach document 5109.5_Healing Springs_PCN_11.17.22.pdf 12.38MB Only pdf or kmz files are accepted. Describe the attachments or comments: PCN for 401 WQC Sign and Submit ............................................................................................................................................................................................................................ By checking the box and signing box below, I certify that: • I, the project proponent, hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. • I, 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 agree that submission of this online 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 online form. Signature: rif 00. �Zaf. Submittal Date: 11/18/2022 Is filled in automatically. Preliminary ORM Data Entry Fields for New Actions ACTION ID #: SAW- SAW-2019-02101 Begin Date (Date Received): Prepare file folder ❑ Assign Action ID Number in ORM ❑ 1. Project Name [PCN Form A2a]: Healing Springs Solar, LLC 2. Work Type: ❑✓ Private ❑ Institutional ❑ Government ❑ Commercial 3. Project Description / Purpose [PCN Form B3d and B3e]: Please see attached 4. Property Owner / Applicant [PCN Form A3 or A41: Please see attached 5. Agent / Consultant [PNC Form A5 — or ORM Consultant ID Number]: Scott Edwards, Pilot Enviromental, Inc 6. Related Action ID Number(s) [PCN Form 135b]: 7. Project Location— Coordinates, Street Address, and/or Location Description [PCN Form Blb]: Flat Swamp Road 35.63247/80.16046 8. Project Location— Tax Parcel ID [PCN Form Bla]: Please see attached 9. Project Location — County [PCN Form A2b]: Davidson 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Healing Springs 11. Project Information — Nearest Waterbody [PCN Form B2a]: Lick Creek 12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form B2c]: Yadkin River/03040103 Authorization: Section 10 ❑ Section 404 ❑✓ Regulatory Action Type: ❑ Standard Permit ✓ Nationwide Permit # Regional General Permit # Jurisdictional Determination Request Section 10 and 404 ❑ ❑ Pre -Application Request ❑ Unauthorized Activity ❑ Compliance ❑ No Permit Required Revised 20150602 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 1a. Type(s) of approval sought from the Corps: ®Section 404 Permit El Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: NWP 51 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑ Yes ® No 1d. 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 because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ® No For the record only for Corps Permit: ❑ Yes ® 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 ® No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes ® No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project: Healing Springs Solar Farm 2b. County: Davidson 2c. Nearest municipality / town: Healing Springs 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Multiple --See Attached 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if applicable): 3d. Street address: 3e. City, state, zip: 3f. Telephone no.: 3g. Fax no.: 3h. Email address: Page 1 of 12 PCN Form — Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ® Other, specify: Developer 4b. Name: Mr. Harrison Cole 4c. Business name (if applicable): Healing Springs Solar, LLC 4d. Street address: 3402 Pico Blvd 4e. City, state, zip: Santa Monica, CA 90405 4f. Telephone no.: 919-813-7990 4g. Fax no.: 4h. Email address: harrison.cole@ccrenew.com 5. Agent/Consultant Information (if applicable) 5a. Name: Scott Edwards 5b. Business name (if applicable): Pilot Environmental Inc. 5c. Street address: PO Box 128 5d. City, state, zip: Kernersville, NC 27285 5e. Telephone no.: 336.310.4527 5f. Fax no.: 5g. Email address: sedwards@pilotenviro.com Page 2 of 12 PCN Form — Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 6658-01-36-1420, 6658-01-48-4135, 6658-01-49-7169, la. Property identification no. (tax PIN or parcel ID): 6658-02-56-8333, 6658-02-58-9440, 6658-02-68-4581, 6658-02-77-3943, 6658-02-86-0315 1 b. Site coordinates (in decimal degrees): Latitude: 35.63247 Longitude: - 80.16046 (DD.DDDDDD) (-DD.DDDDDD) 1 c. Property size: 516.6 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Lick Creek proposed project: 2b. Water Quality Classification of nearest receiving water: WS-IV 2c. River basin: Yadkin 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 contains wooded land, timbered land and fields. Several dilipdated structures are located on the site. An overhead high-tension power line and associated easement cross the eastern portion of the site. The site is located in a rural area of Healing Springs, Davidson County, North Carolina. 3b. List the total estimated acreage of all existing wetlands on the property: 13.93 acres 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 16,185 LF 3d. Explain the purpose of the proposed project: The purpose of the proposed project is to provide access and interconnection during development and long term maintenance of the site as a solar farm. 3e. Describe the overall project in detail, including the type of equipment to be used: The overall project consists of development of the site with a proposed solar farm. In order to provide safe access and interconnection to the site, a stream crossing is necessary. To facilitate development of the site and construction of the proposed stream crossing, clearing and grading the site is necessary. Graders, haulers, excavators and other heavy equipment will be used during site construction. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ®Yes El No El Unknown project (including all prior phases) in the past? Comments: 4b. If the Corps made the jurisdictional determination, what type El Preliminary ®Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Pilot Environmental, Inc. Name (if known): Bradley Luckey/David Brame/Michael Other: Brame 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. SAW-2019-0210 1 3.5.20 & 1.30.21 5. Project History 5a. Have permits or certifications been requested or obtained for ❑ Yes ❑ No ® Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. Page 3 of 12 PCN Form — Version 1.3 December 10, 2008 Version 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ® No 6b. If yes, explain. The project is not part of a phased project. Impacts to streams/wetlands, outside of those proposed in this application, are not anticipated as a result of the proposed project. Page 4 of 12 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 ❑ Yes ❑ Corps ❑ No ❑ DWQ W2 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W3 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W4 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W5 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W6 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g. Total wetland impacts 2h. Comments: Wetland impacts are not proposed. 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. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ — non-404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ❑ P ® T De -watering CSC ® PER ❑ INT ® Corps ❑ DWQ 6.1 54 S2 ®P ❑ T Road Fill CSC ® PER ❑ INT ❑ Corps ❑ DWQ 6.1 30 S3 ®P ❑ T Keyed In Rip -Rap CSC ® PER ❑ INT ❑ Corps ❑ DWQ 6.1 26 S4 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S5 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S6 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ 3h. Total stream and tributary impacts 110 3i. Comments: Stream Impact S1 will temporarily impact 54 LF (330SF) of stream channel assoicated with de -watering. Areas of temporary impact willl have stream bed and banks restored to similair pre-contruction grade and stablized with natural fiber matting and herbaceous vegetaion. Stream Impact S2 will permanently impact 30 LF (183SF) of stream channel assoicated with road fill. Page 5 of 12 PCN Form — Version 1.3 December 10, 2008 Version Stream Impact S3 will permanently impact 26 LF (159SF) of stream channel assoicated with rip -rap energy dissipaters that will be installed at existing stream elevation. 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 4L Total open water impacts 4g. Comments: Open water impacts are not proposed. 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 Flooded P1 P2 K Total 5g. Comments: Construction of ponds/lakes are not proposed. 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 6of12 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 El Tar -Pamlico ®Other: Yadkin Project is in which protected basin? ❑ Catawba ❑ Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number — Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary T impact required? 131 ❑P❑T El Yes ❑ No B2 ❑ P ❑ T ❑ Yes ❑ No B3 ❑P❑T El Yes ❑ No 6h. Total buffer impacts 6i. Comments: Buffer impacts are not proposed. D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Due to the development and use of the site as a solar farm, an access road must be constructed to provide access to the site during construction and long term maintenance of the site as a solar farm. The road width has been designed to the minimal width necessary to safely accommodate heavy equipment and tractor trailers. The road alignment has been designed to cross in a narrow segment of the stream that has few meanders. The applicant has designed the crossing to utilize head and end walls, thus avoiding more net loss impact than proposed within this application. The applicant is utlizing direction drill techniques to avoid the temporal impact to streams and wetlands assoicated with utility interconnection of the site. The solar array and necessary infrastructure (overhead/underground voltage lines, inverters, etc.) have been designed to avoid impacts to jurisdictional streams, wetlands and ponds. The remaining 13.93 acres of wetlands and 16,129 linear feet of stream channel are being avoided. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. The clearing limits will be staked and surveyed in the field. Sediment and erosion control devices and other best management practices will be utilized during site development activities to prevent down -gradient sedimentation into waters. The applicant will divert stream flow during culvert installation using sand bag coffer dam and pump around. The proposed culvert will be set in the dry. Following culvert installation, the sand bag coffer dams will be removed to divert flow through the culvert. Temporary impacts to streams associated with the temporary pump around and dewatering will be restored to similar pre - construction grade and stabilized with matting and herbaceous seed mixture. 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 El Payment to in -lieu fee program project? ❑ Permittee Responsible Mitigation Page 7of12 PCN Form — Version 1.3 December 10, 2008 Version 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity 3c. Comments: Mitigation is not proposed. 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 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: Buffer mitigation is not proposed. Page 8 of 12 PCN Form — Version 1.3 December 10, 2008 Version 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 ® 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. ❑ Yes ❑ No Comments: 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? low density % 2b. Does this project require a Stormwater Management Plan? ❑ Yes ® No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: Based on the % impervious, a stormwater management plan is not requried. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: ❑ Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ® DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? ❑ 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 ❑ 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 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ® No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 9of12 PCN Form — Version 1.3 December 10, 2008 Version 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 ® 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: We are not aware of a NEPA or SEPA being requried. 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 ® 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 (DWQ 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. We are not aware of additional development that will impact nearby downstream water quality. 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. Wastewater will not be generated by the proposed project. Page 10 of 12 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 ® Yes ❑ No impacts? ❑ Raleigh 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? The attached IPac dated 11.07.22 identifies the tri colored bat (Proposed Endangered) and Schweinitz's sunflower (Endangered) as potentially occurring within the project area. The proposed stream crossing is located in an area that has been timbered within the previous three years. Trees or saplings are not present within the proposed crossing location and the herbaceous layer contains extremely dense vegetation. Therefore, we have made the determination the proposed project will have no effect to the tri colored bat or Schweinitzs sunflower. During preliminary planning, the USFWS reviewed the proposed project and issued a response letter dated 1.14.22 (attached). 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? Based on our knowledge of the site, the site is not located in or near an area designated as essential fish habitat. Best management practices and the use of temporary sediment and erosion control devices will prevent sediment from entering down -gradient waterbodies which may contain fish. 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? SHPO letters dated 12.20.19 and 1.4.21 (attached). 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 NFHL (Drawing 4, attached) Scott Edwards Q 5 X) C• 11.17.22 Applicant/Agent's Printed Name Date Applicant/Agent's Signature Page 11 of 12 PCN Form — Version 1.3 December 10, 2008 Version (Agent's signature is valid only if an authorization letter from the applicant isprovided.) Page 12 of 12 PCN Form — Version 1.3 December 10, 2008 Version DocuSign Envelope ID: E2FCODOD-C7EF-4F3B-9FE2-07D65A5077F9 AGENT AUTHORIZATION This form authorizes Pilot to act as our agent in stream/wetland matters including U.S. Army Corps of Engineers and North Carolina Division of Water Resources field verification and permitting. Property Address: Applicant Information: Healing Springs Solar, LLC 2518 Flat Swamp Rd. Denton. NC 27239 Name: Healing Springs Solar, LLC Address: 3402 Pico Blvd. Santa Monica, CA 90405 Telephone Number: (336) 543-8001 Fax Number: E-mail Address: harrison.cole@ccrenew.com DocuSigned by: �Ya?itivlos�. 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SAW-2019-02101 County: Davidson U.S.G.S. Quad: NC- Grist Mountain NOTIFICATION OF JURISDICTIONAL DETERNIINATION Requestor: Healing Springs Solar, LLC Tyler Norris Address: 3402 Pico Boulevard Santa Monica, CA 90405 Telephone Number: 828-399-9304 E-mail: tvler.norris(&ccrenew.com Size (acres) 530 Nearest Town Denton Nearest Waterway Lick Creek River Basin Upper Pee Dee USGS HUC 03040103 Coordinates Latitude: 35.637293 Longitude:-80.154946 Location description: The review area is located on the south side of Flat Swamp Road; approximately 2.7 miles west of the intersection of Flat Swamp Road and Glenn Street. PINs: 6658-02-68-4581, 6658-01-36-1420, and 6658-02-77-3943. Reference review area descrintion shown in Jurisdictional Determination Request nackage entitled "Drawing 1, USGS Tonotmanhic Map". Indicate Which of the Following Apply: A. Preliminary Determination ❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. ❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ® There are waters, including wetlandson the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. SAW-2019-02101 ❑ The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. ❑ The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Bryan Roden -Reynolds at 704-510-1440 or brvan.roden-reynolds(&u sace.army.mil. C. Basis For Determination: Basis For Determination: See the approved iurisdictional determination form dated 01/30/2021. D. Remarks: None. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Phillip Shannin, Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by 03/31/2021. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** RODEN Digitally signed by RODEN REYN OLDS.BRYAN.KE N N ETH.1263385574 Corps Regulatory Official: REYNOLDS.BRYAN.KENNETH,1263385574 _ Date of JD: 01/30/2021 Expiration Date of JD: 01/29/2026 SAW-2019-02101 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: Agent: Pilot Environmental, Inc. Scren Homer Address: 743 Park Lawn Court Kernersville, NC 27284 Telephone Number: 336-712-7459 E-mail: shomer(&yilotenviro.com NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Healing S wings Solar LLC, T ler Norris File Number: SAW-2019-02101 Date: 01/30/2021 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 ❑X APPROVED JURISDICTIONAL DETERMINATION D ❑ PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at or http://www.usace.army.miUMissions/CivilWorks/ReaulatoryProgramandPenuits.asi) OZI& Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division Mr. Phillip Shannin, Administrative Appeal Review Officer Attn: Bryan Roden -Reynolds 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 OM15 8430 University Executive Park Drive, Suite 615 Atlanta, Georgia 30303-8801 Charlotte, North Carolina 28262 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15-day notice of any site investigation, and will have the opportum to participate in all site investi ations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Bryan Roden -Reynolds, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 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): 01/30/2021 ORM Number: SAW-2019-02101 Associated JDs: SAW-2019-02101 (issued 03/05/20) Review Area Location': State/Territory: NC City: Dentor, County/Parish/Borough: Davidson Center Coordinates of Review Area: Latitude 35.637293 Longitude-80.154946 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. J The review area is comprised entirely of dry land (i.e., there are no waters or water 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 Act jurisdiction within the review area (complete table in Section 11.13). ❑x There are "waters of the United States" within Clean Water Act jurisdiction within the review area (complete appropriate tables in Section II.C). DX There are waters or water features excluded from Clean Water Act jurisdiction 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 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 fora 1 Determination Tributaries a 2 waters): (a)(2) Name (a)(2) Size (a)(2) Criteria Rationale fora 2 Determination Stream 20 linear (a)(2) Perennial Stream CSA1 flow regime was verified during the CSA1 feet tributary Corps site visit. contributes surface water flow directly or indirectly to an (a)(1) water in a typical year. Stream 200 linear (a)(2) Perennial Stream CSA2 flow regime was verified during the CSA2 feet tributary Corps site visit. contributes ' 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 of waterbody, 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 surface water flow directly or indirectly to an (a)(1) water in a typical year. Stream DSA 80 linear (a)(2) Perennial Stream DSA flow regime was verified during the feet tributary Corps site visit. contributes surface water flow directly or indirectly to an (a)(1) water in a typical year. Lick Creek 2,300 linear (a)(2) Perennial Lick Creek flow regime was verified during the feet tributary Corps site visit. contributes surface water flow directly or indirectly to an (a)(1) water in a typical year. 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 I N/A. N/A. Adjacent wetlands ((a)(4) waters): (a)(4) Name (a)(4) Size (a)(4) Criteria Rationale fora 4 Determination Wetland 0.016 acre(s) (a)(4) Wetland Wetland CWB abuts perennial stream CSA2. CWB abuts an (a)(1)- (a)(3) water. Wetland 0.182 acre(s) (a)(4) Wetland Wetland DWA abuts perennial stream DSA. DWA abuts an (a)(1)- (a)(3) water. Wetland 0.008 acre(s) (a)(4) Wetland Wetland DWB abuts perennial Stream CSA1. DWB abuts an (a)(1)- (a)(3) water. 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 D. Excluded Waters or Features Excluded waters b)(1) — b 12 :4 Exclusion Name Exclusion Size Exclusions Rationale for Exclusion Determination Wetland DWC 0.327 acre(s) (b)(1) Non- Wetland DWC has no connection to adjacent downstream jurisdictional waters. wetland. 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. Information submitted by, or on behalf of, the applicant/consultant: Drawings 1-5.3 This information is sufficient for purposes of this AJD. Rationale: N/A ❑ Data sheets prepared by the Corps: -le(s) and/or date(s). 0 Photographs: Aerial and Other: Drawings 5-5.3, Wetland Map (Dated 11/11/20) and Photographs 1-6 0 Corps site visit(s) conducted on: 01/20/21 ❑ Previous Jurisdictional Determinations (AJDs or PJDs): ORM Number(s) and date(s). ❑ Antecedent Precipitation Tool: provide detailed discussion in Section 111.B. 0 USDA NRCS Soil Survey: Drawing 2, Web Soil Map (Web Soil Survey of Davidson County) and Drawing 2A, Published Soil Map (Soil Survey of Davidson County Sheets 10 and 12 Dated 1994) 0 USFWS NWI maps: Drawing 3, NWI Map (USFWS NWI Mapper) 0 USGS topographic maps: Drawing 1, USGS Topographic Map (7.5-minute quadrangle Grist Mountain and High Rock, NC) Other data sources used to aid in this determination: Data Source select Name and/or date and other relevant information JSGS Sources N/A. USDA Sources N/A. NOAA Sources N/A. USACE Sources N/A. State/Local/Tribal Sources N/A. Other Sources Drawing 4, FEMA FIRM National Flood Hazard Layer) B. Typical year assessment(s): The consultant (i.e., Pilot Environmental, Inc.) conducted a site visit on 11/06/20. The Antecedent Precipitation Tool (APT) was used for this date and determined the site was under wetter than normal conditions. The Corps conducted a site visit on 01/20/21. The APT was used for this date and determined the site was under normal conditions. C. Additional comments to support AJD: See Section II(D) Excluded Waters or Features for further analysis on Wetland DWC202. 4 Some excluded waters, such as (b)(2) and (b)(4), may not be specifically identified on the AJD form unless a requester 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. s Because of the broad nature of the (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 Site Boundary Perennial Stream Intermittent Stream Wetland -- - - - - Q Culvert Data Point Wq Feature ID i THE LOCATIONS OF FEATURES SHOWN ON THIS MAP WERE VERIFIED BY MR. BRYAN RODEN-REYNOLDS WITH THE USACE ON 1/20/21. THIS EXHIBIT INCLUDES GPS LOCATIONS OF DELINEATED FEATURES. DELINEATION CONDUCTED BY PILOT PERSONNEL 11/6/20. Drawing 5 Satellite Imagery from ESRI and Pilot GPS Data Scale: 1" = 1,000' Date: 11.11.20 Revised: 1.25.21 • �tiaYV - PIL®'i P I L 0 T E N Y I R 0 N M E N T A e I N C Wetland Map Healing Springs Solar, LLC Approximate 530-Acre Tract Healing Springs, Davidson County, NC Pilot Project 5109.2 } DWA 0.182 ac. DWA DP-2 �DW/ DP-: DSA 30 LK_-� AREA VERIFIED BY USACE (J ❑ SAW-2019-02101, DATED 3/5/2020) mk-,� r LEGEND Site Boundary Perennial Stream ---• Intermittent Stream Wetland Culvert Data Point WA Feature ID THE LOCATIONS OF FEATURES SHOWN ON THIS MAP WERE VERIFIED BY MR. BRYAN RODEN-REYNOLDS WITH THE USACE ON 1/20/21. THIS EXHIBIT INCLUDES GPS LOCATIONS OF DELINEATED FEATURES. DELINEATION CONDUCTED BY PILOT PERSONNEL 11/6/20. M Drawing 5.1 Wetland Map Satellite Imagery from ESRI _1 �.` :. Healing Springs Solar, LLC and Pilot GPS Data tea,. Approximate 530-Acre Tract Scale: 1" = 400' '~ Healing Springs, Davidson County, NC Date: 11.11.20 PILOT Revised:1.25.21 PILOT ENYIRONMEN TAe,INC Pilot Project5109.2 AREA VERIFIED BY U ACE (1D A1-2019-02101, DATED .3/5 2020) LEGEND Site Boundary Perennial Stream Intermittent Stream Wetland Culvert Q Data Point WA Feature ID THE LOCATIONS OF FEATURES SHOWN ON THIS MAP WERE VERIFIED BY MR. BRYAN RODEN-REYNOLDS WITH THE USACE ON 1/20/21. THIS EXHIBIT INCLUDES GPS LOCATIONS OF DELINEATED FEATURES. DELINEATION CONDUCTED BY PILOT PERSONNEL 11/6/20. Drawing 5.2 Satellite Imagery from ESRI and Pilot GPS Data Scale: 1" = 400' Date: 11.11.20 Revised: 1.25.21 • �tiaYV - PIL®'i P I L 0 T E N Y I R 0 N M E N T A e I N C Wetland Map Healing Springs Solar, LLC Approximate 530-Acre Tract Healing Springs, Davidson County, NC Pilot Project 5109.2 DWC(Excluded f, U DW B 0.327 ac. X OA48 arc. 171 AREA VERIFIED BY U A E (J D SAW-2019-02101, DATED .3/5/2020) Site Boundary Perennial Stream Intermittent Stream Wetland Culvert Q Data Point WA Feature ID THE LOCATIONS OF FEATURES SHOWN ON THIS MAP WERE VERIFIED BY MR. BRYAN RODEN-REYNOLDS WITH THE USACE ON 1/20/21. THIS EXHIBIT INCLUDES GPS LOCATIONS OF DELINEATED FEATURES. DELINEATION CONDUCTED BY PILOT PERSONNEL 11/6/20. Drawing 5.3 Satellite Imagery from ESRI and Pilot GPS Data Scale: 1" = 400' Date: 11.11.20 Revised: 1.25.21 PIL®'� P I L 0 T E N Y I R 0 N M E N T A e I N C Wetland Map Healing Springs Solar, LLC Approximate 530-Acre Tract Healing Springs, Davidson County, NC Pilot Project 5109.2 United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 Phone: (828) 258-3939 Fax: (828) 258-5330 In Reply Refer To: Project Code: 2023-0013111 Project Name: Healing Springs Solar November 07, 2022 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 enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The enclosed species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). Please note that new species information can change your official species list. Under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. The Service recommends you visit the ECOS-IPaC website at regular intervals during project planning and implementation to ensure your species list is accurate or obtain an updated species list. 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 (BA) or biological evaluation (BE) should be completed for your project. A BA is required for major construction activities (or other undertakings having similar physical impacts) considered to be 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)) (NEPA). For projects other than major construction activities, the Service suggests that a BE be prepared to determine effects of the action and whether those effects may affect listed species and/or designated critical habitat. E?ects of the action are all consequences to listed species or critical habitat that are caused by the proposed action, including the consequences of other 11/07/2022 activities that are caused by the proposed action. A consequence is caused by the proposed action if it is reasonably certain to occur and would not occur "but for" the proposed action.. Recommended contents of a BA/BE are described at 50 CFR 402.12. More information and resources about project review and preparing a BA/BE can be found at the following web link: https://www.fws. gov/office/asheville-ecological-services/asheville-field-office-online-review- process-overview. If a Federal agency determines 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. The Service is not required to concur with "no effect" determinations from Federal action agencies. If consultation is required, the Service recommends that candidate species, proposed species, proposed critical habitat, and at -risk species be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or licensed applicants, can be found in the "Endangered Species Consultation Handbook" at the following web link: https://www.fws.gov/media/endangered-species-consultation- handbook. Migratory Birds: In addition to responsibilities to protect threatened and endangered species under the Act, there are additional responsibilities under the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project - related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by the Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). More information about MBTA and BGEPA can be found at the following web link: https://www.fws.gov/program/migratory-birds. We appreciate your consideration of Federally listed species. The Service encourages Federal agencies to include conservation of threatened and endangered species in their project planning to further the purposes of the Act. Please contact our staff at 828-258-3939, if you have any questions. In any future correspondence concerning this project, please reference the Consultation Code which can be found in the header of this letter. Attachment(s): • Official Species List • USFWS National Wildlife Refuges and Fish Hatcheries • Migratory Birds • Wetlands 11/07/2022 Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 (828) 258-3939 11/07/2022 KA Project Summary Project Code: 2023-0013111 Project Name: Healing Springs Solar Project Type: Power Gen - Solar Project Description: Site being considered for development of solar farm. Project Location: Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/035.6317624,-80.16042393747077,14z SIN Counties: Davidson County, North Carolina OE rr 11/07/2022 3 Endangered Species Act Species There is a total of 3 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA 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 Tricolored Bat Perimyotis subflavus Proposed No critical habitat has been designated for this species. Endangered Species profile: https:Hecos.fws.gov/ecp/species/10515 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 Flowering Plants NAME STATUS Schweinitz's Sunflower Helianthus schweinitzii Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/3849 Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. 11/07/2022 USFWS National Wildlife Refuge Lands And Fish Hatcheries 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 OR FISH HATCHERIES WITHIN YOUR PROJECT AREA. 11/07/2022 Migratory Birds Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle Protection Actz. 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) The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. BREEDING NAME SEASON Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Jul 31 because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. Chimney Swift Chaetura pelagica Breeds Mar 15 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 25 and Alaska. Prairie Warbler Dendroica discolor Breeds May 1 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 31 and Alaska. 11/07/2022 BREEDING NAME SEASON Wood Thrush Hylocichla mustelina Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 31 and Alaska. Probability Of Presence Summary The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence (■) Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4-week months.) A taller bar indicates a higher probability of species presence. The survey effort (see below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high. How is the probability of presence score calculated? The calculation is done in three steps: The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. 2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. 3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score. Breeding Season( ) Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area. Survey Effort (1) Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys. 11/07/2022 3 No Data (—) A week is marked as having no data if there were no survey events for that week. Survey Timeframe Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse. SPECIES Bald Eagle Non -BCC Vulnerable ■ probability of presence breeding season I survey effort — no data JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Chimney Swift BCC Rangew de ++++ +—�� —III IIII IIII IIII IIII IIII (CON) Prairie warbler IIII IIII IIII ---- BCC Rangewide ++++ +-- — (CON) Wood Thrush BCC Rangewide +++++--- — — — — — — — — —III IIII IIII IIII (CON) Additional information can be found using the following links: —+-- -4—. .—. . • Birds of Conservation Concern https://www.fws.gov/program/migratory-birds/species • Measures for avoiding and minimizing impacts to birds https://www.fws.gov/librq�r/ • Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/ documents/nationwide-standard-conservation-measures.pdf 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. 11/07/2022 4 What does IPaC use to generate the list of migratory birds that potentially occur 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 Rapid Avian Information Locator (RAIL)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 or migrating in my 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 query your location using the RAIL Tool and look at the range maps provided for birds in your area at the bottom of the profiles provided for each bird in your results. 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 11/07/2022 5 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 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 11/07/2022 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. 11/07/2022 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. RIVERINE • Riverine FRESHWATER POND • Palustrine 11/07/2022 IPaC User Contact Information Agency: Pilot Environmental, Inc Name: Scott Edwards Address: 428 Park Lawn Court City: Kernersville State: NC Zip: 27285 Email newbeginningsl005@gmail.com Phone: 3362794683 16. AN • 1., R$ OU Hoaling Springs Rack S ,._� .,r i 1 } High Rock Fire Lookout Tower '', ;1; ir ti } „Ot!dar House - i Redwins r w7 Benjamin F. G. r,-NT OFTy�f FWR&VVE �E FE SEUUnited States Department of the Interior V7 a9 ' FISH AND WILDLIFE SERVICE H 3 'a Asheville Field Office 160 Zillicoa Street Suite B Asheville, North Carolina 28801 January 14, 2021 Ms. Seren Homer Pilot Environmental, Inc. P.O. Box 128 Kernersville, North Carolina 27285 Dear Ms. Homer: Subject: Listed Species Assessment, for Proposed 530-Acre Solar Array Site (Healing Springs Solar Farm), adjacent to Flat Swamp Road, in Healing Springs, Davidson County, North Carolina (Pilot Project No. 5109.2) On December 22, 2020, we received (via e-mail) a letter from you requesting our review of the subject project. Included with your letter was a copy of the threatened and endangered species assessment (conducted by Pilot Environmental, Inc. personnel) for the project site. We originally provided comments on a 474-acre proposal for this project on November 14, 2019. Since then, your client has increased the project size by adding an additional 56-acres to the project proposal. We have reviewed the information that you presented and the following comments are provided in accordance with the provisions of the National Environmental Policy Act (42 U.S.C.§ 4321 et seq.); the Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661-667e); the Migratory Bird Treaty Act, as amended (16 U.S.C. 703); and section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act). Project Description. According to the information presented, your client is proposing to construct a solar array on a 530-acre site. The proposed project site consists primarily of planted loblolly pine stands and agricultural fields. A portion of the site appears to have been clear- cut/logged in the recent past. The site contains several un-named tributaries to Lick Creek. About 12-acres of wetlands occur on the site and are found primarily along the un-named streams. Your letter did not include any information as to proposed or potential impacts to aquatic resources on the site. Federally Listed Endangered and Threatened Species. According to our records and a review of the information you provided, no federally listed species or their habitats occur in the project area. Therefore, we believe the requirements under section 7 of the Act are fulfilled. However, obligations under section 7 of the Act must be reconsidered if: (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered, (2) this action is subsequently modified in a manner that was not Ms. Homer — Pilot Env. 2 considered in this review, or (3) a new species is listed or critical habitat is determined that may be affected by the identified action. We have records of monarch butterfly (Danaus plexippus plexippus) in the area, a federal candidate for listing'. There are many potential reasons for the 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: htip://www.xerces.org/monarch-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/. We appreciate the opportunity to provide comments on this project. We request that you refer to our original November 14, 2019 comment letter for additional conservation measures and recommendations for the 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 4-2-20-014. 1 "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." Control No.: 21-E-4600-0795 Date Received: 12/3/2020 County.: DAVIDSON Agency Response: 1/4/2021 Review Closed: 1/4/2021 DEVON BORGARDT Clearinghouse Reviewer DEPT OF NATURAL & CULTURAL RESOURCE Project Information Type: State Environmental Policy Act ironmental Review Applicant: North Carolina Department of Commerce Project Desc.: Application of Healing Springs Solar, LLC for Certificate to construct a 55 MW Solar Facility Davidson Co. Docket # SP-19877 Sub 0. View document at http://starwl.ncuc.net/NCUC/portal/ncuc/page/Dockects/portal.aspx, Type SP-19877 Sub 0 in the Docket Number search line. Located off of Flat Swamp Road, at its intersection with Daniel Pierce Drive, near the Town of Denton, NC. As a result of this review the following is submitted: ❑� No Comment ❑Comments Below ❑Documents Attached Reviewed By: DEVON BORGARDT Date: 12/21/2020 Oovl-��a&� NORTH CAROLINA STATE CLEARINGHOUSE DEPARTMENT OF ADMINISTRATION INTERGOVERNMENTAL REVIEW (V COUNTY: DAVIDSON 1411: ENFRGY RELATED STATE NUMBER: 20-E-4600 0099 FACILITIES/ACTIVITIES DATE RECEIVED: 11/13/2019 AGENCY RESPONSE: 12/09/2019 REVIEW CLOSED: `� 12/13/2019 MS RENE:E GLEDHILL-EARLEY Received: 11/"""`'"/201 ` CLEARINGHOUSE COORDINATOR State Historic Preservation Office DEPT OF NATURAL & CULTURAL RESOURCE STATE: HISTORIC PRESERVATION OFFICE MSC 4617 - ARCHIVES BUILDING ER 19-5111 RALEIGH NC REVIEW DISTRIBUTION DEPT OF AGRICULTURE DEPT OF ENVIRONMENTAL QUALITY DEPT OF NATURAL & CULTURAL, RESOURCE DEPT OF TRANSPORTATION DNCR - NATURAL HERITAGE PROGRAM DPS - DIV OF EMERGENCY MANAGEMZN'a PIEDMONT TRIAD REGIONAL COUNCIL Due 12/5/19 A PROJECT INFORMATION Due APPLICANT. North. Carolina Department of Commerce �� TvPF. State Environmental Policy Acthg nvirc�n:nental Review �- l� DESC: Application of Healing Springs Solar, LLC for Certificate to construct a 50 MW Solar Facility in Davidson Co. Docket # SP-19877 Sub 0. - View document at http://stazwl.ncuc.net/NCUC/portal/ncuc/page/Dockets/portal.aspx, Type SP-1987'r Sub 0 in the Docket Number search line. Located off of Flat Swamp Road, at its intersection with Daniel Pierce Drive, near the Town of ,Dentor:, NC ':ha attached project has been submitted to the N. C. State Clearinghouse for intergovernmental review. Please review and submit your response by the above indi,.ated date to 1301. Mail Service Center, Raleigh NC 27699--1301. If additional review time is needed, please contact this office at (919)807-2425, AS A RESULT OF THI"S REVIEW THE FOLLOWING IS SUBMITTED:10 NO COMMENT F-] COMMENTS ATTACHED SIGNED BY: "- DATE: _Q NOV 2 6 0 J LL LL Q r CD CV CV} CV L7 Q dr °r M1 7. LEGEND Site Boundary Drawing 1 USGS Topographic Map USGS Topographic Map Healing Springs Solar, LLC Grist Mountain and High Rock, _ Approximate 530-Acre Tract NC Quadrangles PQD.01v Healing Springs, Davidson County, NC Scale: 1"-2,000' PILOT ENVIRONMENTAL. Pilot Project5109.2 Drawing 2 USDA Web Soil Survey of Davidson County, NC Scale: 1" = 1,100' N IdLLl E•�� Lam! 20 gym yam,-{ M iv ft oni at az Site Boundary i _ Web Soil Map Healing Springs Solar, LLC �� ~t Approximate 530-Acre Tract PILOT � -- Healing Springs, Davidson County, NC PILOT ENVIRONMENTAL.INC Pilot Project5109.2 UwD /=J Err3 GC8 CO 1 Ba K E BaDY �f ErBEnR% a Y GeD� SnE ��C CrnB Ky EJ l•lwi] ffyF3 r ? Q. LJwn I #- GeB a Y UwD ErB Fr, _I ' BaB Cmg KyB gaB GeB ; �ro Ba$ III � UwF' I sD GOD 1 G 4 $aB ErI3 ❑k 1 aag '� y 4 .J ND E0 / KyB Ok Uv D `� k 41 fb PnE B �• " c� J� [' t; m I C BaD 'ng Cm0 E. 0 K B 8 = SR � KyB 6k 'J' UwF JA& UN ! Ba 11wU �' LIwf7 CmB BaB a BaB KyB 8aB UwD KyH Qk CM Iwo mar CmB \` KyB I BaB Ei l EL _.�( 8 UwD KyB Ky 3 BaB # }' Ba0 ~l w y v o BAD 4KVB BaB J K."Re KyB�`. 8ap i Ba BaC) Pan h�E a fJ GAO ` Ba Hes KyB % i 6a8 cik 43aa BaB �a GdB Ra HeB CaeE R �a� KyB \ Ok 1 KyB KyB C� BAD ;yB Ha$ c � K Jk Myylr — — �`\ ��� 4 j e yH', � BaD p BaR.� J sap 4 Ky . Bai � - BcG �ti Gap 83B `` ' KyE3 RAIR gaD i Ba© Sealing kya 8aD ' sas BaB Ky8 GeD �a(f cri,s 4 c -�— LEGEND f3aF 1 Bap FAD kau Site Boundary 1 RaR 3 G2B B3 _ L Co b Jr„n 1 ,\ ` I _ _ �• . i) — �J Drawing 2A Published Soil Map USDA Soil Survey of ` Healing Springs Solar, LLC Davidson County, NC , �� . ? Approximate 530-Acre Tract Published 1994, Sheets 10 and 12 � -- Healing Springs, Davidson County, NC Not to Scale PILOT ENViR0NMENTAL.INC Pilot Project5109.2 0 Drawing 3 USFWS NWI Wetlands Mapper Scale: 1" = 1,100' 0 r, r P I L O T E N V I R O N M E N T A L. I N C LEGEND Site Boundary Freshwater Emergent Freshwater Forested/Shrub Estuarine and Marine Deepwater Estuarine and Marine Freshwater Pond Lake Riverine Other A NWI Map Healing Springs Solar, LLC Approximate 530-Acre Tract Healing Springs, Davidson County, NC Pilot Project 5109.2 .4 Cr} £ ,2 4, Drawing 4 National Flood Hazard Layer From FEMA Web Map Service Scale: 1" = 1,100' P I L 0 T E N V I R 0 N M E N T A L. N C LEGEND Site Boundary 1 %Annual Chance Flood Hazard R egulatory Floodw@y Sped al Floodway Area of Undetermined Flood Hazard 0.2%Annual Chance Flood Hazard Future Conditions 1 '¢Annual Chance Flood Hazard ► Area with R educed Risk Due to Levee FEMA FIRM Healing Springs Solar, LLC Approximate 530-Acre Tract Healing Springs, Davidson County, NC Pilot Project 5109.2 =1y +�J x+~/ OPT # L Drawing 5.2 - I Drawing 5.3 I Drawing 5.1 LEGEND r� Site Boundary — Perennial Stre]rea --- Intermittent S Wetland Culvert Data Point WA Feature ID THE LOCATIONS OF FEATURES SHOWN ON THIS MAP HAVE BEEN VERIFIED BY THE USACE (JD SAW-2019-02101, DATED 1/25/21).EXHIBIT INCL UDES GPS LOCATIONS OF DELINEATED FEATURES. DELINEATION OF "TRACT A" CONDUCTED BY PILOT PERSONNEL 110/18/19. DELINEATION OF "TRACT B" CONDUCTED BY PILOT PERSONNEL 11/6/20. Drawing 5 Satellite Imagery from ESRI and Pilot GPS Data Scale: 1" = 1,100' Date: 11.11.20 Revised: 2.2.21 :f P I L O T ENVIRONMENTAL. INC Wetland Map Healing Springs Solar, LLC Approximate 530-Acre Tract Healing Springs, Davidson County, NC Pilot Project 5109.2 Drawing 5.1 Satellite Imagery from ESRI and Pilot GPS Data Scale: 1" = 400' Date: 11.11.20 Revised: 2.2.21 Wetland Map Healing Springs Solar, LLC Approximate 530-Acre Tract Healing Springs, Davidson County, NC Pilot Project 5109.2 CWF 1-11 0.021 ac. 1980 LF CWH 1-131 0.065 ac. t :.... CWG 1-26 0.201 ac. LSA ,"830 LF LWD 1-i1 0.087 ac. qq LSC .*-' 810 LF LWC 1-2 '* 0.011 ac. LWB 1-10 CSF 0.077 ac. 25 LF CWE 1-12 0.267 ac. ISID 1350 LF LEGEND LwA Site Boundary CSC LWA 1-57 10.458 a c. Perennial Stream 6500 LF ----- Intermittent Stream a .y Wetland CWD 24 31 rr Culvert 0.525 ac. Q Data Point - WA Feature ID THE LOCATIONS OF FEATURES SHOWN ON THIS MAP HAVE BEEN VERIFIED BY THE USACE (JD SAW-2019-02101, DATED 1/25/21). THIS EXHIBIT INCLUDES GPS LOCATIONS OF DELINEATED FEATURES. DELINEATION OF "TRACT A" CONDUCTED BY PILOT PERSONNEL 10/15- 10/18/19. DELINEATION OF "TRACT B" CONDUCTED BY PILOT PERSONNEL 11/6/20. , rwn 11.?1 Drawing 5.2 _ Wetland Map Satellite Imagery from ESRI.: Healing Springs Solar, LLC -' and Pilot GPS Data _ Approximate 530-Acre Tract Scale: 1" = 400' - �' p �,, =- Healing Springs, Davidson County, NC Date: 11.11.20 PLO Revised:2.2.21 PILOT ENYIRONNENTAL.INC Pilot Project5109.2 LWA 1-57 10.458 ac. CS-C 00 LF 40 6 M0 OWIdC ( EKE lu ij ed from CWA) 0.3 27 RC, CWA 1-8 0.026 ar. C4VA !�-16 0.022 ac. O CW CWA DP-1 CWA i7-30 0.368 ar- C5A 2400 LF CWB 0.027 - CWC 1-5 (Exrfuded from CWA) 0.022 a c. ` ..� DSB/Lick Cr 2300 LF CSB' CWD 11-23 15 LF LEGEND 0.933 ac. . Site Boundary Perennial Stream f CUWD 1-10 3A50 ac Intermittent Stream Wetland Culvert Q Data Point WA Feature ID LOCATIONS OF FEATURES SHOWN ON THIS MAP HAVE BEEN VERIFIED BY THE USACE (JD SAW-2019-02101,■DATED 1/25/21). THIS LEXHIBITINCLUDES GPS LOCATIONS OF DELINEATED FEATURES. DELINEATION OF "TRACT A" CONDUCTED BY PILOT PERSONNEL 10/15- 18/19. DELINEATION OF "TRACT B" CONDUCTED BY PILOT PERSONNEL 11/6/20. Drawing 5.3 _ Wetland Map Satellite Imagery from ESRI Healing Springs Solar, LLC and Pilot GPS Data Scale: 1" - 400' _ _Approximate tl 530-Acre Tract Date: 11.11.20�����Healing Springs, Davidson County, NC Revised:2.2.21 LOT ENYIRONNEN1AL.1 1: Pilot Project5109.2 8/26/2019 Davidson County Map Output Page avidson County GIS Parcel Number: 0901900000011 Land Units: Pin Id : 6658-01-36-1420 Deed Book: CARROLLTON INC OF LEXINGTON NC Owner: PO BOX 497 Deed Date: LEXINGTON NC 27293-0497 Property Address: NEWSOM LN Account Number: Township: 09 Exempt Code: Building Value: $0 Other Building Value: Land Value: $407,020 Market Value: Assessed Value: $45,760 Deferred Value: Legal Description: L 11 BK545-992&653-881 NEWSOM RD 203.51 AC 0545 Pg: 0992 03/15/1977 1300515 $0 $407,020 $361,260 https://webgis.co.davidson.nc.us/website/DavidsonGIS/printpage.aspx 1/2 r:W:if 11N Davidson County Map Output Page Additional Attributes ire Service Districts q.Miles fame :)wnships q. Miles fame ounty Zoning Districts oil Types ISL Name oil Name ercent Sl yaric unicipal Boundary o Features Found 1 inch — 945 feet 0 37.17 HEALING SPRINGS FD 38.61 HEALING SPRINGS B aB Badin channery silt loam Channery silt loam 2 to 8 percent slopes 0 The information contained on this map does not replace information that may be obtained by consulting the official source of the information. In no event shall Davidson County, NC or the consultants of Davidson County, NC be liable for any damages, direct or consequential, from the use of the information contained on this map. https://webgis.co.davidson.nc.us/website/DavidsonGIS/printpage.aspx 2/2 r W:iN11N Davidson County Map Output Page avidson County GIS Parcel Number: 0901900000010 Land Units: 40 AC Pin Id : 6658-01-48-4135 Deed Book: 0311 Pg: 0109 SMITH D LEE HEIRS Owner: 5403 LARK CT Deed Date: 09/06/1956 WILMINGTON NC 28409-7535 Property Address: NEWSOM LN Account Number: 7268000 Township: 09 Exempt Code: Building Value: $0 Other Building Value: $0 Land Value: $126,000 Market Value: $126,000 Assessed Value: $8,920 Deferred Value: $117,080 ILegal Description: L10 PRIOR BK311-109 OFF NEWSOM RD https://webgis.co.davidson.nc.us/website/DavidsonGIS/printpage.aspx 1/2 r:W:if 11N Davidson County Map Output Page Additional Attributes ire Service Districts q.Miles fame :)wnships q. Miles fame ounty Zoning Districts oil Types ISL Name oil Name ercent Sl yaric unicipal Boundary o Features Found 1 inch — 945 feet 0 37.17 HEALING SPRINGS FD 38.61 HEALING SPRINGS CmB Cid-Misenheimer complex Complex 0 to 4 percent slopes 0 The information contained on this map does not replace information that may be obtained by consulting the official source of the information. In no event shall Davidson County, NC or the consultants of Davidson County, NC be liable for any damages, direct or consequential, from the use of the information contained on this map. https://webgis.co.davidson.nc.us/website/DavidsonGIS/printpage.aspx 2/2 8/26/2019 Davidson County Map Output Page avidson County GIS Parcel Number: 0901400000004 Land Units: 22 AC Pin Id : 6658-01-49-7169 Deed Book: 2199 Pg: 1213 WORLEY KEITH ALLEN Owner: 2657 FLAT SWAMP RD Deed Date: 10/21/2015 DENTON NC 27239 Property Address: 2657 FLAT SWAMP RD Account Number: 9220524 Township: 09 Exempt Code: Building Value: $87,360 Other Building Value: $7,560 Land Value: $70,400 Market Value: $165,320 Assessed Value: $165,320 Deferred Value: $0 Legal Description: L4 BK2199-1213 FLAT SWAMP RD https://webgis.co.davidson.nc.us/website/DavidsonGIS/printpage.aspx 1/2 r:W:if 11N Davidson County Map Output Page Additional Attributes ire Service Districts q.Miles fame :)wnships q. Miles fame ounty Zoning Districts oil Types ISL Name oil Name ercent Sl yaric unicipal Boundary o Features Found 1 inch — 945 feet 0 37.17 HEALING SPRINGS FD 38.61 HEALING SPRINGS OkA Oakboro silt loam Silt loam 0 to 2 percent slopes 4 The information contained on this map does not replace information that may be obtained by consulting the official source of the information. In no event shall Davidson County, NC or the consultants of Davidson County, NC be liable for any damages, direct or consequential, from the use of the information contained on this map. https://webgis.co.davidson.nc.us/website/DavidsonGIS/printpage.aspx 2/2 8/26/2019 Davidson County Map Output Page avidson County GIS Parcel Number: 0901800000006 Land Units: 87.61 AC Pin Id : 6658-02-56-8333 Deed Book: 2101 Pg: 1960 WHELESS LARRY WAYNE Owner: 1139 SANDLEWOOD DR Deed Date: 05/10/2013 DURI IAM NC 27712 Property Address: DENTON RD Account Number: 9206669 Township: 09 Exempt Code: Building Value: $0 Other Building Value: $0 Land Value: $188,360 Market Value: $188,360 Assessed Value: $34,240 Deferred Value: $154,120 Legal Description: L6 BK707-1291 HIGH ROCK RD https://webgis.co.davidson.nc.us/website/DavidsonGIS/printpage.aspx 1/2 r:W:if 11N Davidson County Map Output Page Additional Attributes ire Service Districts q.Miles fame :)wnships q. Miles fame ounty Zoning Districts oil Types ISL Name oil Name ercent Sl yaric unicipal Boundary o Features Found 1 inch — 945 feet 0 37.17 HEALING SPRINGS FD 38.61 HEALING SPRINGS KyB Kirksey silt loam Silt loam 2 to 6 percent slopes 0 The information contained on this map does not replace information that may be obtained by consulting the official source of the information. In no event shall Davidson County, NC or the consultants of Davidson County, NC be liable for any damages, direct or consequential, from the use of the information contained on this map. https://webgis.co.davidson.nc.us/website/DavidsonGIS/printpage.aspx 2/2 r W:iN11N Davidson County Map Output Page avidson County GIS Parcel Number: 0901400000029 Land Units: 31.75 AC Pin Id : 6658-02-58-9440 Deed Book: 0600 Pg: 0179 BOWLING BILLY R BOWLING SARAH T Owner: Deed Date: 04/13/1982 211 GRIMES PARK DR THOMAS VILLE NC 27360-5513 Property Address: FLAT SWAMP RD Account Number: 837250 Township: 09 Exempt Code: Building Value: $0 Other Building Value: $0 Land Value: $152,400 Market Value: $152,400 Assessed Value: $7,140 Deferred Value: $145,260 Legal Description: L29 BK600-179 FLAT SWAMP RD https://webgis.co.davidson.nc.us/website/DavidsonGIS/printpage.aspx 1/2 r:W:if 11N Davidson County Map Output Page ire Service Districts q.Miles fame :)wnships q. Miles fame ounty Zoning Districts oil Types ISL Name oil Name ercent Sl yaric unicipal Boundary o Features Found 1 inch — 945 feet 9 Additional Attributes 37.17 HEALING SPRINGS FD 38.61 HEALING SPRINGS KyB Kirksey silt loam Silt loam 2 to 6 percent slopes 0 The information contained on this map does not replace information that may be obtained by consulting the official source of the information. In no event shall Davidson County, NC or the consultants of Davidson County, NC be liable for any damages, direct or consequential, from the use of the information contained on this map. https://webgis.co.davidson.nc.us/website/DavidsonGIS/printpage.aspx 2/2 8/26/2019 Davidson County Map Output Page avidson County GIS Parcel Number: 0901400000031 Land Units: 11.23 AC Pin Id : 6658-02-68-4581 Deed Book: 2076 Pg: 1500 FORD ILA H Owner: 1200 BURKHARI' RD Deed Date: 10/23/2012 LEXINGTON NC 27292-8335 Property Address: FLAT SWAMP RD Account Number: 2642200 Township: 09 Exempt Code: Building Value: $0 Other Building Value: $0 Land Value: $67,380 Market Value: $67,380 Assessed Value: $3,650 Deferred Value: $63,730 Legal Description: L31 BK1078-554&2076-1500 FLAT SWAMP RD https://webgis.co.davidson.nc.us/website/DavidsonGIS/printpage.aspx 1/2 r:W:if 11N Davidson County Map Output Page Additional Attributes ire Service Districts q.Miles fame :)wnships q. Miles fame ounty Zoning Districts oil Types ISL Name oil Name ercent Sl yaric unicipal Boundary o Features Found 1 inch — 945 feet 0 37.17 HEALING SPRINGS FD 38.61 HEALING SPRINGS KyB Kirksey silt loam Silt loam 2 to 6 percent slopes 0 The information contained on this map does not replace information that may be obtained by consulting the official source of the information. In no event shall Davidson County, NC or the consultants of Davidson County, NC be liable for any damages, direct or consequential, from the use of the information contained on this map. https://webgis.co.davidson.nc.us/website/DavidsonGIS/printpage.aspx 2/2 r W:iN11N Davidson County Map Output Page avidson County GIS Parcel Number: 0901400000012 Land Units: Pin Id : 6658-02-77-3943 Deed Book: PIEDMONT HARDWOOD LUMBER COMPANY INC Owner: Deed Date: P O BOX 535 MT PLEASANT NC 28124-0000 Property Address: FLAT SWAMP RD Account Number: Township: 09 Exempt Code: Building Value: $0 Other Building Value: Land Value: $269,060 Market Value: Assessed Value: $16,240 Deferred Value: Legal Description: L12 SWAMP RD BK1784-1915 FLAT SWAMP 72.72 AC R1784 Pg: 1911 05/04/2007 9090239 $0 $269,060 $252, 820 https://webgis.co.davidson.nc.us/website/DavidsonGIS/printpage.aspx 1 /2 r:W:if 11N Davidson County Map Output Page ire Service Districts q.Miles fame :)wnships q. Miles fame ounty Zoning Districts oil Types ISL Name oil Name ercent Sl yaric unicipal Boundary o Features Found 1 inch — 945 feet 9 Additional Attributes 37.17 HEALING SPRINGS FD 38.61 HEALING SPRINGS KyB Kirksey silt loam Silt loam 2 to 6 percent slopes 0 The information contained on this map does not replace information that may be obtained by consulting the official source of the information. In no event shall Davidson County, NC or the consultants of Davidson County, NC be liable for any damages, direct or consequential, from the use of the information contained on this map. https://webgis.co.davidson.nc.us/website/DavidsonGIS/printpage.aspx 2/2 8/26/2019 Davidson County Map Output Page avidson County GIS Parcel Number: 0901500000001 Land Units: 94.06 AC Pin Id : 6658-02-86-0315 Deed Book: 2204 Pg: 0207 GRICE DAVID S Owner: 2156 SOUTH MAIN ST EXT Deed Date: 12/04/2015 DENTON NC 27239 Property Address: 660 BUIE RD Account Number: 9221185 Township: 09 Exempt Code: Building Value: $76,370 Other Building Value: $5,500 Land Value: $296,290 Market Value: $378,160 Assessed Value: $135,900 Deferred Value: $242,260 Legal Description: L 1 BK2204-207 BUIE RD https://webgis.co.davidson.nc.us/website/DavidsonGIS/printpage.aspx 1/2 r:W:if 11N Davidson County Map Output Page Additional Attributes ire Service Districts q.Miles fame :)wnships q. Miles fame ounty Zoning Districts oil Types ISL Name oil Name ercent Sl yaric unicipal Boundary o Features Found 1 inch — 945 feet 0 37.17 HEALING SPRINGS FD 38.61 HEALING SPRINGS KyB Kirksey silt loam Silt loam 2 to 6 percent slopes 0 The information contained on this map does not replace information that may be obtained by consulting the official source of the information. In no event shall Davidson County, NC or the consultants of Davidson County, NC be liable for any damages, direct or consequential, from the use of the information contained on this map. https://webgis.co.davidson.nc.us/website/DavidsonGIS/printpage.aspx 2/2 Contact Name* Heather LaGamba Contact Email Address* hlagamba@pilotenviro.com Project Owner* Multiple Project Name* Healing Springs Solar Project County* Davidson Owner Address:* Street Address Multiple Address Line 2 aty Multiple Postal / Zip axle Multiple Is this a transportation project?* (- Yes c: No Type(s) of approval sought from the DWR: W 401 Water Quality Certification - F- 401 Water Quality Certification - Regular Express F- Individual Permit F- Modification F- Shoreline Stabilization Does this project have an existing project ID#?* (- Yes c: No State / Province / Pegion NC Country USA Do you know the name of the staff member you would like to request a meeting with? Sue Homewood Please give a brief project description below.* The applicant does not request a meeting. The applicant may submit a request for 401 WQC. Please give a couple of dates you are available for a meeting. Please attach the documentation you would like to have the meeting about. pdf only By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: • This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification Rule. • I understand by signing this form that Icannot submit myapplication until 30 calendar days after this pre -filing meeting request. • I also understand that DWR is not required to respond or grant the meeting request. Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an application. Signature * Submittal Date 3/9/2021