20221742 Ver 1_ePCN Application_20221209

DWR
Division of Water Resources
Initial Review
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 13, 2022 Ver 4.3
Has this project met the requirements for acceptance in to the review process?*
Yes
No
Is this project a public transportation project?*
Yes No
Change only if needed.
Pre -Filing Meeting Date Request was submitted on:
7/27/2022
BIMS # Assigned* Version#*
20221742 1
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Mooresville Regional Office - [phone]
Information for Initial Review
la. Name of project:
Misenheimer Solar Park
la. Who is the Primary Contact?*
Lauren Norris -Heflin
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Andrew Pitner:eads\ahpitner
lb. Primary Contact Email:* lc. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
12/9/2022
Nearest Body of Water
Long Creek & Curl Tail Creek
Basin
Yadkin-PeeDee
Water Classification
13-17-31; C and 12-129-1-(1); WS-IV respectively
Site Coordinates
Latitude: Longitude:
35.489557 -80.291684
A. Processing Information
County (or Counties) where the project is located:
Stanly
Is this a NCDMS Project
Yes No
Is this project a public transportation project? *
Yes No

la. Type(s) of approval sought from the Corps:
Section 404 Permit (wetlands, streams and waters, Clean Water Act)
Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
Yes
No
1 b. What type(s) of permit(s) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
lc. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number: 14 - Linear transportation
Nationwide Permit (NWP) Number: 51 - Land -based Renewable Energy
NWP Numbers (for multiple NWPS):
ld. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
1f. Is this an after -the -fact permit application?*
Yes No
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1 h. Is the project located in any of NC's twenty coastal counties?
Yes No
1j. Is the project located in a designated trout watershed?
Yes No
B. Applicant Information
ld. Who is applying for the permit?
Owner Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
Gus Schad for JTG Land & Timber LLC
2b. Deed book and page no.:
2c. Contact Person:
Gus Schad
2d. Address
Street Address
1109 E Ozark Ave
Address Line 2
City
Gasonia
Postal / Zip Code
28054
401 Water Quality Certification - Express
Riparian Buffer Authorization
State / Province / Region
NC
Country
USA
Yes No
Yes No

2e. Telephone Number: 2f. Fax Number:
[phone]
2g. Email Address: *
[e-mail]
2a. Name(s) on recorded deed:
Dale R Newport
2b. Deed book and page no.:
2c. Contact Person:
Dale R Newport
2d. Address
Street Address
44558 NC Hwy 8
Address Line 2
City
New London
Postal / Zip Code
28127
2e. Telephone Number:
[phone]
2g. Email Address: *
[e-mail]
2a. Name(s) on recorded deed:
John S Pickier II
2b. Deed book and page no.:
2c. Contact Person:
John S Pickier II
2d. Address
Street Address
29430 Kendall's Church Road
Address Line 2
City
New London
Postal / Zip Code
28127
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
2e. Telephone Number: 2f. Fax Number:
[phone]
2g. Email Address: *
[e-mail]
2a. Name(s) on recorded deed:
Cletus Oliver Hill
2b. Deed book and page no.:
2c. Contact Person:
Cletus Oliver Hill
2d. Address
Street Address
49871 Glenmore Road
Address Line 2
City State / Province / Region
Gold Hill NC
Postal / Zip Code Country
28071 USA
2e. Telephone Number: 2f. Fax Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)

3a. Name:
Erin O'Shea
3b. Business Name:
EDP Renewables North America LLC (EDPR)
3c. Address
Street Address
1501 McKinney Street
Address Line 2
Suite 1300
City
Houston
Postal / Zip Code
77010
3d. Telephone Number:
[phone]
3f. Email Address: *
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Lauren Norris -Heflin
4b. Business Name:
Timmons Group
4c. Address
Street Address
5410 Trinity Road
Address Line 2
Suite 102
City
Raleigh
Postal / Zip Code
27607
4d. Telephone Number:
[phone]
4f. Email Address: *
[e-mail]
C. Project Information and Prior Project History
State / Province / Region
TX
Country
USA
3e. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
1. Project Information
1 b. Subdivision name:
(if appropriate)
lc. Nearest municipality / town:
Misenheimer
2. Project Identification
2a. Property Identification Number:
661302596350,661302555834,
661304545017,661304537760,
661303240441, and 661303426162
2c. Project Address
Street Address
Stanley County, NC
Address Line 2
City
Misenheimer
Postal / Zip Code
28137
3. Surface Waters
2b. Property size:
682
State / Province / Region
NC
Country
USA
3a. Name of the nearest body of water to proposed project: *
Long Creek & Curl Tail Creek

3b. Water Resources Classification of nearest receiving water: *
13-17-31; C and 12-129-1-(1); WS-IV respectively
3c. What river basin(s) is your project located in?*
Yadkin-PeeDee
3d. Please provide the 12-digit HUC in which the project is located.
030401050402 and 030401030603
4. Project Description and History
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:*
The Misenheimer Solar site is approximately 682.0 acres located in Stanly County, North Carolina. The site is comprised of silviculture land interspersed with agricultural fields. The Site is
generally bound by agricultural and forest land to the north, east, and west, and Long Creek to the south. U.S. Highway 52 transects the northern and southern portions of the Site. Long
Creek is located along the southern property boundary of the Site and Curl Tail Creek lies along the western boundary of the northern portions of the Site.
The proposed solar development will consist of photovoltaic solar panels and the associated roads, utilities, and stormwater control measures.
A delineation of the project area was completed by Timmons Group between September 17-20, 2018, and October 12-14, 2020 to identify potential jurisdictional Waters of the U.S.
(WOTUS) within the Site. Dave Bailey with the USACE met with Timmons Group on June 29, 2021 to conduct an agency site visit. Updates to the Wetlands and Waters Delineation Map
were completed on December 6, 2021 at the request of David Bailey based on discussions in the field and updates to the current definitions of WOTUS. The findings were confirmed in a
Jurisdictional Determination Letter dated January 6, 2022 (SAW-2021-01122). Four features were confirmed by the USACE to be 404 non -jurisdictional; however, they would be
considered isolated Waters of the State meeting the NWAM definition of a basin wetland.
An additional site visit with Krysta Stygar of the USAGE and Roberto Scheller and Andrew Pitner of DWR was conducted on November 17, 2022 to review additional areas not included in
the aforementioned JD, and observe proposed impact locations.
To facilitate an efficient permitting process, Pre -Application Meetings were conducted with Krysta Stygar of the USACE on October 28, 2022, and Alan Johnson of DWR on November 4,
2022. Emailed summaries of these meetings are included in the attachments.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? *
Yes • No Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
20.18
4g. List the total estimated linear feet of all existing streams on the property:
15,347
4h. Explain the purpose of the proposed project: *
The purpose of the project is to develop a renewable energy generation facility that will help achieve greater energy generation diversity within the state of North Carolina. The Applicant
has identified this Site as an ideal location for a solar facility due to its land availability and location adjacent to an existing transmission line. This project has been evaluated and meets the
requirements to economically produce electrical power through the use of photovoltaic panels.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The proposed solar development will be achieved through construction of access points off Glenmore Road and Reeves Island Road. The photovoltaic solar panels are proposed to be
constructed in a grid pattern. The system will utilize the arrays to achieve the generation of 74.4 MW AC of electrical power. The panels will be mounted on a single -axis tracking system
that is able to alter angle for optimal sun exposure. The power will be supplied to North Carolina's electric grid.
A security fence with warning signage will be constructed around the facility with access by way of gates at strategic points along the access roads. This will protect the Site and public
from unregulated access to the Site.
All work will be conducted in accordance with local, state, and federal regulations. Traditional equipment will be used such as front-end loaders, bulldozers, graders, and earth movers.
Stormwater Control Measures (SCMs) are required and will be used.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
SAW-2021-01122
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
Timmons Group
Unknown

5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
09/17-20/2018, 10/25/2018, and 10/12-14/2020 — Delineation completed by Timmons Group personnel
06/29/2021 —Site visit completed with Dave Bailey, USACE
12/06/2021 — Delineation map updates completed at the request of David Bailey based on discussions in the field and updates to the current definition of WOTUS
01/06/2022 — Combined Approved and Preliminary Jurisdictional Determination Letter received
11/17/2022 — USACE and DWR site visit to observe areas not included in previous JD and proposed impact locations
The areas confirmed as 404-non jurisdictional are state jurisdictional isolated basin wetlands per the NCWAM definition.
6. Future Project Plans
6a. Is this a phased project?*
Yes • No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
No other NWP(s), regional general permit(s), or individual permit(s) are intended to be used for development of the proposed project. All project impacts are being accounted for in this
permit application.
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
Wetlands
Open Waters
2. Wetland Impacts
Streams -tributaries
Pond Construction
Buffers
2a. Site #* (?)
2a1 Reason (?)
2b. Impact type* (?)
2c. Type of W.*
2d. W. name
2e. Forested*
2f. Type of Jurisdicition*
(?)
2g. Impact
area*
1a
Road Fill
P
Small -Basin Wetland
D
Yes
DWR
0.041
(acres)
1b
Tree Clearing
T
Small -Basin Wetland
D
Yes
DWR
0.435
(acres)
4
Fence Crossing
T
Headwater Forest
W
Yes
Both
0.016
(acres)
5
Fence Crossing
T
Headwater Forest
W
Yes
Both
0.006
(acres)
6
Road Fill
P
Headwater Forest
W
No
Both
0.037
(acres)
7
Solar Array Fill (isolated
non -jurisdictional)
P
Small -Basin Wetland
G2
No
DWR
0.071
(acres)
8
Tree Clearing (isolated
non -jurisdictional)
T
Small -Basin Wetland
I
Yes
DWR
0.266
(acres)
9
Tree Clearing
T
Headwater Forest
D3
Yes
Both
0.675
(acres)
10
Fence Crossing
T
Headwater Forest
A2
No
Both
0.002
(acres)
2g. Total Temporary Wetland Impact
1.400
2g. Total Wetland Impact
1.549
2g. Total Permanent Wetland Impact
0.149

2i. Comments:
Road Fill
Impacts la and 6 will consist of permanent wetland impacts in order to install road crossings, necessary for site connectivity and access. Impact 1 is a
404 non -jurisdictional isolated basin wetland and will not require a culvert due to the isolate nature (surrounded by higher topography and uplands).
Further, the road will be constructed in a way to allow overland flow if necessary. Impact 6 is both 401 and 404 jurisdictional and will include the
installation of 2 60-in diameter, 60-ft long Reinforced Concrete Pipe (RCP) culverts at a 0.8% slope. The RCPs will maintain the hydrologic connection
between the up gradient and down gradient portions of the wetland. Site utilities will be placed beneath the road crossing at Impact 6 to avoid the need
for an additional utility crossing. Directional boring of utilities at this location is not practicable due to cost.
Additionally, in order to access upland areas to begin upland site development, the herbaceous wetland areas at Impact 6 must be crossed to access the
southeastern portion of the property ahead of 401 and 404 permit issuances. Based on consultation with Krysta Stygar of the USAGE on 10/28/2022 and
Alan Johnson of DWR on 11/02/2022, the applicant has been granted permission to temporarily utilize timber matting in this location immediately to
cross the wetland. This wetland bisects the central -southern portion of the project, isolating the southeastern portion of the Site. Although extensive
attempts have been made to facilitate additional site access locations, no alternative access could be obtained due to the layout of the property and
Village zoning permit restrictions. Further, there are municipality concerns over local road conditions and safety relating to existing residences in the
vicinity which have limited us to the current proposed access points.
Access to this area is imperative to facilitate the start of construction in the southeastern portion of the Site, including required upland tree clearing prior
to the protected species tree clearing moratorium beginning March 31st.
Tree Clearing
Impacts 1 b, 8, and 9 will consist of temporary wetland impacts for tree clearing necessary for shade elimination to meet energy production requirements.
Impacts 1 b, and 8 are 404 non -jurisdictional isolated basin wetlands, and Impact 9 is both 401 and 404 jurisdictional. These impacts will not involve
stumping and allow the wetlands to remain but will require permanent conversion from forested to herbaceous wetland. Long term maintenance of these
areas will allow woody vegetation to regrow between 2 to 6-ft high .
Fence Crossing
Impacts 4, 5, and 10 will consist of temporary wetland impacts associated with the installation of security fences in order to protect the Site and public
from unregulated access. A 10-ft. easement will be necessary to maintain the fences. Impacts 4 and 5 will require permanent conversion from forested
to herbaceous wetland. Impact 10 is an existing herbaceous wetland therefore no change in species composition is anticipated. Further, Impact 10 is
located along an existing farm road.
Solar Array Fill
Impact 7 will consist of permanent wetland impacts to a 404 non -jurisdictional isolated basin wetland for the installation of solar arrays.
3. Stream Impacts
3a. Reason for impact (?)
3b.Impact type*
3c. Type of impact*
3d. S. name*
3e. Stream Type*
(?)
3f. Type of
Jurisdiction*
3g. S. width
3h. Impact
length*
S1
Fence Crossing
Temporary
Other
H2
Intermittent
Both
3
Average (feet)
9
(linear feet)
S2
Fence Crossing
Temporary
Other
Q2
Intermittent
Both
4
Average (feet)
9
(linear feet)
S3
Fence Crossing
Temporary
Other
J2
Intermittent
Both
4
Average (feet)
9
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
0
3i. Total stream and ditch impacts:
27
3i. Total temporary stream impacts:
27
3j. Comments:
Fence Crossing
Impacts 2, 3, and 11 consist of temporary stream impact associated with the installation of a security fence in order to protect the Site and public from
unregulated access. Impact 11 is located along an existing farm road, further minimizing impacts.
E. Impact Justification and Mitigation
u
1. Avoidance and Minimization

la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Impacts to jurisdictional features have been avoided and minimized to the maximum extent practicable by incorporating resourceful site planning,
including utilization of the wetland/stream delineation to adjust the layout of the Site design to avoid and minimize impacts. The remaining impacts
proposed are necessary in order for the project's goals to be realized.
Road impacts
Impacts la and 6 have been limited to those necessary to maintain site connectivity. Impact I was limited to a 404 non -jurisdictional isolated basin
wetland where the road location was limited based upon siting of solar arrays, property boundaries, and topographic limitations. The road cannot be
shifted and avoids the need for an additional road crossing to the south-southwest across a 401 and 404 jurisdictional wetland.
Impact 6 is sited to cross an herbaceous portion of a wetland bisecting the site, avoiding impacts to forested wetland and scrub -shrub wetland to the
north and south . This road is required to connect the eastern and western portions of the south via road and will have utilities running beneath it
requiring connection to the substation located on the southern -most portion of the site, west of this bisecting wetland. Based on a USACE request during
a site visit on 11/17/2022, the proposed crossing location was moved to the current location which allows the road to align with a narrower section of
herbaceous wetlands with an existing earth road spanning through it.
The temporary road crossing was sited at this location to limit total overall disturbance locations. Although this crossing is required for permanent site
connectivity, extensive attempts have been made to facilitate additional site access locations for the temporary access required to the southeastern
portion of the site imperative to facilitate the start of construction in the southwestern portion of the Site, including required upland tree clearing prior to
the protected species tree clearing moratorium beginning March 31st. No alternative access could be obtained due to the layout of the property and
Village zoning permit restrictions. Further, there are municipality concerns over local road conditions and safety relating to existing residences in the
vicinity which have limited us to the current proposed access points.
Tree clearing impacts
Impacts 1 b, 8, and 9 were limited to those areas necessary for shade elimination to meet energy production requirements. Two of these areas are 404
non -jurisdictional isolated basin wetlands. Further, impacts are only temporary in nature for tree clearing and the wetland will remain as an herbaceous
wetland. Long term maintenance will allow woody species to grow between 2 to 6-ft high.
Fence crossing impacts
Impacts 2, 3, 4, 5, 10, and 11 are limited to only those necessary for site security requirements and will be temporary in nature for installation. Areas
within wetlands will be maintained as herbaceous. Where possible the proposed fence line was adjusted to go around jurisdictional features with these
crossings limited to only those areas where the fence could not practically be adjusted. Impacts 10 and 11 will be located along an existing farm road,
further minimizing impacts.
Solar array fill impacts
Impact 7 is limited to a 404 non -jurisdictional isolated basin wetland located within a primarily upland area of the site. Panels could not be adjusted
around this location due to limitations on parcel boundaries and could not be eliminated due to output requirements.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Proper sedimentation and erosion control methods will be utilized during all phases of construction and installation as described in accordance with the
requirements of the North Carolina Department of Environment and Natural Resources: Erosion Control Planning and Design Manual (May 2013) and
local codes. All work can be facilitated from high, non -jurisdictional, stable ground. Where feasible, work will be conducted during low to no flow
conditions. The contractor shall install silt fence, inlet protection, sediment traps, division ditches, temporary coffer dams, tree protection, and clearing
only as necessary to install devices. All erosion and sediment control measures will be checked for stability and operation following every runoff
producing rainfall, but in no case less than once every week. Any needed repairs will be made immediately to maintain all measures designed. An
erosion control inspections report is required and will be kept by the owner's representative.
Temporary seeding and permanent seeding plans are included to restore impacted areas. The project will meet all relative requirements of Best
Management Practices and Engineered Stormwater Control Structures as outlined through State and Local Stormwater Rules. Measures will be taken to
prevent oil, tar, trash, debris, and other pollutants from entering adjacent jurisdictional features. Any excess excavated materials not utilized as back fill
will be placed and contained within upland areas and permanently stabilized to prevent erosion into adjacent jurisdictional features. Therefore,
stockpiling of excavated material within jurisdictional waters of the U.S. will be strictly prohibited as part of the construction of this project. All project
construction activities initiated within jurisdictional waters of the U.S. will be carried to completion in an expeditious manner to minimize the period of
disturbance within jurisdictional waters.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
Yes No
2c. If yes, mitigation is required by (check all that apply):
DWR Corps
2d. If yes, which mitigation option(s) will be used for this project?
Mitigation bank Payment to in -lieu fee program Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
Water & Land Solutions
3b. Credits Purchased/Requested (attach receipt and letter)
Type:
Riparian wetland
Quantity:
0.096

3c. Comments
Permanent 404 jurisdictional wetland impacts do not exceed 0.1-acres individually, however, combined permanent jurisdictional impacts and temporary
impacts requiring permanent conversion of forested wetland to herbaceous wetland does exceed 0.1-acres. Therefore, mitigation is required per the
USAGE. This project proposes mitigation at a 2:1 ratio for the 0.037-acres of permanent jurisdictional wetland impacts, 0.074-acres of credits (HUC
03040105).
Additionally, mitigation is required at a 1:1 ratio for 404 jurisdictional wetland areas temporarily impacted, but permanently converted from forested to
herbaceous, an additional 0.697-acres of wetland mitigation credits (0.675-acres from HUC 03040103, and 0.022-acres from HUC 03040105). The
temporary fence crossing at Impact 10 is within an herbaceous wetland, and therefore will not require mitigation. In total, this project proposes the
purchase of 0.771-acres of wetland mitigation credits.
Upon consultation with private mitigation providers, 0.124-acres of wetland credits are available through Water & Land Solutions for HUC 03040105,
covering the required 0.096-acres of credits needed in this HUC. (Based on previous consultation with mitigation banks a revised SOA is not required for
lower mitigation amounts, as the project has reduced impacts since the SOA was originally obtained)
No private credits are available for HUC 03040103. Therefore, the required 0.675-acres of 03040103 credits are proposed to be purchased through
DMS (see Section 4 below).
404 non -jurisdictional isolated basin wetland impacts, both permanent and temporary, do not require mitigation, as permanent impacts are under the 0.5-
acre permanent impact threshold for the Piedmont Region (IWGP100000).
No stream mitigation is required.
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
Yes No
4b. Stream mitigation requested:
(linear feet)
N/A
4c. If using stream mitigation, what is the stream temperature:
4d. Buffer mitigation requested (DWR only): 4e. Riparian wetland mitigation requested:
(square feet) (acres)
N/A 0.675
4f. Non -riparian wetland mitigation requested: 4g. Coastal (tidal) wetland mitigation requested:
(acres) (acres)
N/A N/A
4h. Comments
Due to an absence of available credits from private mitigation banks, the 0.675-acres of credits required in HUC 03040103 are proposed to be
purchased through the In -Lieu Fee Program.
Since obtainment of the ILF letter impacts have been reduced, lowering mitigation required. Per previous consultation with NCDEQ DMS, a revised letter
is not required for reduced mitigation needs.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes No
If no, explain why:
No, the project is not located within an area subject to NC Riparian Buffer Protection Rules.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? *
Yes No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
Yes No
Comments:
The proposed project meets the requirements of a low -density project and therefore no SMP is required. However, a SWPPP is undergoing review with DEQ and comments are being
addressed concurrently with this application.
G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? *
Yes No
2. Violations (DWR Requirement)

2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)?*
Yes No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
Yes No
3b. If you answered "no," provide a short narrative description.
This is a single and complete project, not anticipated to result in additional development.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
Yes No N/A
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
Yes No
5c. If yes, indicate the USFWS Field Office you have contacted.
Asheville
5d. Is another Federal agency involved?*
Yes
5e. Is this a DOT project located within Division's 1-8?
Yes No
No Unknown
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
Yes No
5g. Does this project involve bridge maintenance or removal?
Yes No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
Yes No
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
Timmons Group prepared a project review request and self -certified letter for the Site, dated July 27, 2021, that determined the proposed project is not
likely to adversely affect any federally listed endangered or threatened species, their formally designated critical habitat, or species currently proposed
for listing under the Endangered Species Act (ESA) (see Attachment 6). A response was received from the U.S. Fish and Wildlife Service (USFWS) on
August 31, 2021, which concurred with the determination of no effect. Additionally, Timmons Group coordinated with USFWS on July 20, 2022, to
address the anticipated reclassification of the northern long-eared bat (NLEB) and received concurrence from the USFWS on August 2, 2022 confirming
that the proposed project may affect, but is not likely to adversely affect the NLEB.
A previously undocumented population of Schweinitz's sunflower (Helianthus schweinitzii) was identified during a field survey conducted by Timmons
Group October 12-14, 2020. This survey and findings were documented in the aforementioned USFWS consultation conducted in July and August of
2021. During this consultation it was agreed the identified population will be protected and maintained in its current state throughout project construction.
The identified population is located approximately 0.3-miles from the nearest jurisdictional impact. Additional avoidance measures are outlined in the
attached consultation documents.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
Yes No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? *
NOAA Essential Fish Habitat Mapper
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?*
Yes No

7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
A Historic Resources Field Assessment and Phase I Archaeological Assessment were completed for the Site in October 2018 and September 2019,
respectively. The reports identified 14 aboveground historic resources within 0.5-mile of the Site, no architectural resources within the Site, and six
archaeological resources within the Site. The reports concluded five of the archaeological resources are not eligible for inclusion on the National
Register of Historic Places (NRHP), one of which, a cemetery, will have impacts avoided and is clearly identified on site plans. The remaining
archaeological resource, a historic gold mine, is potentially eligible for inclusion but will be avoided. The State Historic Preservation Office (SHPO)
concurred with this determination in letters dated August 22, 2019 and December 30, 2019, but recommended the historic gold mine be listed as
unassessed and unimpacted, as there was not sufficient information to officially determine eligibility. The project was cleared by the N.C. Environmental
Review Clearinghouse in a letter dated January 7, 2020. It is therefore anticipated the proposed project will have no adverse effect on historic resources.
The Archaeological Assessment, SHPO, and Clearinghouse letters are attached for reference.
Based on the aforementioned reviews and consultation with SHPO, the proposed project is not anticipated to have an adverse effect on historic
resources.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
Yes No
8c. What source(s) did you use to make the floodplain determination? *
According to FEMA FIRM Map panels 3710660200J (eff. 11/04/2008) the majority of the Site is located within Zone X (area of minimal flood hazard).
Miscellaneous
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when
possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
Click the upload button or drag and drop files here to attach document
File must be PDF or KMZ
Comments
Per USACE request, a JD addendum will be submitted concurrently with this application to reflect the additional areas observed on 11/17/2022.
Due to file size, attachments will be sent through DoD SAFE.
Attachments include:
Cover Letter
Appendix A, Figures - Vicinity Map, NRCS Map, Environmental Inventory Map, and Delineation Map
Appendix B, Forms - Agent Authorization Forms, Approved/Preliminary JD, DWR Pre -Filing Request, and Pre -Application Meeting Summaries
Appendix C, Impacts - Environmental Impacts Set (Impact Maps)
Appendix D, Mitigation - Mitigation Acceptance Letters from Water & Land Solutions and DMS
Appendix E, Species - 2022 and 2021 USFWS Concurrences, 2022 and 2021 USFWS Letter Reports
Appendix F, Cultural Resources - State Clearinghouse SHPO Concurrence, SHPO Letter, Phase I Archaeological Report, and SHPO Map/List
Signature
By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• I have given true, accurate, and complete information on this form;
I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
I intend to electronically sign and submit the PCN form.
Full Name:
Lauren Norris -Heflin
Signature
Date
12/9/2022