20230306 Ver 1_ePCN Application_20230224

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:
5/23/2022
BIMS # Assigned * Version#*
20230306 1
Is a payment required for this project? *
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Winston-Salem Regional Office - (336) 776-
9800
Information for Initial Review
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Seren Homer:[e-mail]
la. Name of project:
Bear Branch Solar Project
la. Who is the Primary Contact?*
Jennifer Schroeder
1b. Primary Contact Email: * lc. Primary Contact Phone: *
[e-mail] [phone]
Date Submitted
2/24/2023
Nearest Body of Water
Dan River
Basin
Roanoke
Water Classification
WS-V
Site Coordinates
Latitude: Longitude:
36.344467 -80.120042
A. Processing Information
Is this project connected with ARPA funding?*
Yes No
County (or Counties) where the project is located:
Stokes
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
1b. 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
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:
If. 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
lh. 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
Id. 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:
Farms of Stokes, LLC
2b. Deed book and page no.:
2c. Contact Person:
Samuel Wilson
401 Water Quality Certification - Express
Riparian Buffer Authorization
Yes No
Yes No

2d. Address
Street Address
113 Rollingwood Drive
Address Line 2
City State / Province / Region
New Bern North Carolina
Postal / Zip Code Country
28562 USA
2e. Telephone Number: 2f. Fax Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Jennifer Schroeder
3b. Business Name:
Capital Power Corporation (Leasee)
3c. Address
Street Address
155 Federal Street
Address Line 2
Suite 1200, 12th Floor
City State / Province / Region
Boston Massachusetts
Postal / Zip Code Country
02110 USA
3d. Telephone Number: 3e. Fax Number:
[phone]
3f. Email Address: *
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Jason Hartshorn, PWS
4b. Business Name:
Kimley-Horn
4c. Address
Street Address
421 Fayetteville Street
Address Line 2
Suite 600
City
Raleigh
Postal / Zip Code
27601
4d. Telephone Number:
[phone]
4f. Email Address: *
[e-mail]
State / Province / Region
North Carolina
Country
USA
4e. Fax Number:
C. Project Information and Prior Project History O
1. Project Information
1b. Subdivision name:
(if appropriate)
lc. Nearest municipality / town:
Walnut Cove
2. Project Identification

2a. Property Identification Number:
6974159192 000
2b. Property size:
522.1
2c. Project Address
Street Address
Address Line 2
City
Postal / Zip Code
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
Dan River
3b. Water Resources Classification of nearest receiving water: *
WS-V
3c. What river basin(s) is your project located in?*
Roanoke
3d. Please provide the 12-digit HUC in which the project is located.
030101030306
4. Project Description and History
State / Province / Region
Country
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 Site is situated east of Tuttle Road, south of Tilley Road, and west of the Dan River in Walnut Cove, Stokes County,
North Carolina. Land use in the project vicinity is largely composed of agricultural and silvicultural land fragmented by
undeveloped riparian corridors and single-family residential properties. Land use within the Site boundary is composed
primarily of planted loblolly pine intersected by narrow, mixed -hardwood riparian corridors, and two small agriculture fields.
The planted pine stands within the Site range from an estimated 5- to 30-years in age. Unimproved forestry roads are present
throughout the Site and an overhead powerline and easement are located in the western portion of the Site near Tuttle Road.
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:
1.12 acres
4g. List the total estimated linear feet of all existing streams on the property:
24,315 linear feet
4h. Explain the purpose of the proposed project: *
The purpose of the proposed Project is to construct a utility -scale solar farm between Tuttle Road and the Dan River to provide renewable energy for the surrounding electrical grid.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The approximately 522-acre Project would install photovoltaic solar panels organized in large arrays oriented around the Site to best utilize available solar energy and work with natural
land topography to the extent practicable. The Site has been historically used for silvicultural production, and existing interior roads will be utilized to the extent practicable, however
impacts associated with two stream crossings will result from necessary roadway improvements. Typical site development and structural construction equipment will be utilized including
dump trucks, graders, bulldozers, cranes, asphalt pavers, excavators, and concrete trucks.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas? *
Yes No
Comments:
The Site was previously delineated by Pilot Environmental, Inc. and a Preliminary Jurisdictional
Determination for the Site was issued by Bryan Roden- Reynolds of the US Army Corps of Engineers
(USACE) on February 5, 2020 (SAW-2019-02160) that included both streams DSC 1 and DSC 2.
Further, Kimley-Horn staff conducted an additional detailed delineation effort within both stream
crossing corridors of streams DSC 1 and DSC 2 on October 12, 2021 and May 10, 2022 that were
located outside of the original study area delineated by Pilot Environmental, Inc. The streams were
delineated at both crossings, and no wetlands were identified in the corridors.
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-2019-02160
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
Pilot Environmental, Inc.
Pilot Environmental, Inc. within main site, Kimley- Horn &
Associates delineated the additional areas.
0 Unknown

5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
A Preliminary Jurisdictional Determination for the Site was issued by Bryan Roden -Reynolds of the US Army Corps of Engineers (USAGE) on February 5, 2020 (USACE SAW-2019-
02160).
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?
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
Wetlands
Open Waters
3. Stream Impacts
Streams -tributaries
Pond Construction
Buffers
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
Culvert Instillation
Permanent
Culvert
Stream DSC2 (Site 1)
Perennial
Both
6
Average (feet)
69
(linear feet)
32
Riprap stabilization (No Net
Loss)
Permanent
Rip Rap Fill
Stream DSC2 (Site 1)
Perennial
Both
6
Average (feet)
36
(linear feet)
S3
Temporary Construction
Access
Temporary
Other
Stream DSC2 (Site 1)
Perennial
Both
6
Average (feet)
9
(linear feet)
S4
Culvert Instillation
Permanent
Culvert
Stream DSC1 (Site 2)
Perennial
Both
8
Average (feet)
25
(linear feet)
S5
Riprap stabilization (No Net
Loss)
Permanent
Rip Rap Fill
Stream DSC1 (Site 2)
Perennial
Both
8
Average (feet)
24
(linear feet)
S6
Temporary Construction
Access
Temporary
Other
Stream DSC1 (Site 2)
Perennial
Both
8
Average (feet)
59
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
154
3i. Total stream and ditch impacts:
222
3i. Total temporary stream impacts:
68
3j. Comments:
The project proposes two impacts, one at an internal road crossing within the Site which is needed to access the substation (Impact Site 1), and one at
an offsite road crossing to access the solar array in the southeastern portion of the Site (Impact Site 2). Permanent stream impacts will occur as a result
of the proposed culvert instillation and permanent no -net loss stream impacts will occur due to the instillation of keyed -in riprap outlet protection at both
Impact Sites. Temporary impacts to streams DSC 1 and DSC 2 will result from the temporary dewatering and construction access necessary to install
the proposed culverts and riprap. All temporary stream impacts will be returned to pre -construction contours and revegetated upon completion of
construction.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Impacts to the streams within the project area have been avoided and minimized to the greatest extent practical by intentional design. The Project will
utilize existing roads as much as practicable, however improvements will be needed to an existing stream crossing along stream DSC 2 to provide safer
and improved access to the proposed substation servicing (Impact Site 1), and one new stream crossing along stream DSC 1 associated with a new
access road within the Project is necessary (Impact Site 2). Impacts to streams DSC1 and DSC2 were minimized by aligning the access road crossings
over the streams to be as close to perpendicular as possible. Additionally, the proposed culverts will be buried to allow for the movement of
aquatic species. A headwall along the downstream sides of streams DSC1 and DSC2 have been proposed to reduce culvert length and reduce stream
impacts. Riprap at the culvert inlets and outlets will be keyed in to both stream banks and bed to ensure no loss of aquatic function to the stream.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Impacts to streams within the project area will be minimized to the extent practical throughout the construction process by avoiding stream features with
equipment, materials, and access corridors whenever possible. Where feasible, staging and construction access routes will be located in upland areas
throughout the study area and silt fencing will be installed around
the permitted limits of disturbance to ensure all equipment is located within the permitted areas. Sediment control measures will be used to reduce
stormwater impacts to receiving waters and minimize runoff from the construction sites.

2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
Yes No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
Permanent stream impacts for the proposed project are below 0.02 acres and therefore no mitigation is proposed.
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:
The proposed project is located within the Roanoke River Basin and is not subject to NCDWR Riparian Buffer 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
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program?
Yes No
N/A - project disturbs < 1 acre
3. Stormwater Requirements
3a. Select whether a completed stormwater management plan (SMP) is included for review and approval or if calculations are provided to document the project will not cause degradation of
downstream surface waters. *
Stormwater Management Plan Antidegradation Calculations
Comments:
Stormwater will not be substantially increased as a result of the proposed project. Stormwater management within the Site will be controlled by improvements to the land cover within the
Site. During construction, the use of temporary sediment basins and temporary skimmer basins will be used.
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.
No additional or cumulative impacts are anticipated due to the construction of the proposed project.
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
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?
As of February 6, 2023, the US Fish and Wildlife Service (USFWS) Information for Planning and Consulting (IPaC) tool lists five species with potential to
occur within the project vicinity. The bald eagle (Haliaeetus leucocephalus) also has potential to occur in the project vicinity and is protected under the
Bald and Golden Eagle Protection Act (BGPA). Kimley-Horn reviewed the NC Natural Heritage Program (NCNHP) element occurrence database
(updated January 2023) to determine if there are any known occurrences of federally protected species in the project study area or its vicinity. The
NCNHP database records indicate that there are no known occurrences of any federally protected species in or within 1.0 mile of the project study area.
Potentially suitable foraging habitat for the bald eagle is present within the Dan River adjacent to the Site, and suitable nesting habitat is present within
the Site. However, a review of the NCNHP records (updated January 2023) indicate no known individual occurrences of the bald eagle in or within 1.0
mile of the project study area. Due to the presence of potentially suitable habitat, but lack of known occurs within the project vicinity, it has been
determined that the proposed project "May Affect, but is Not Likely to Adversely Affect" the bald eagle.
Potentially suitable habitat for the northern long-eared bat (NLEB) is present within the project study area. Northern long-eared bat summer roosting
habitat is present within any tree larger than 3" in diameter. However, a review of the NCNHP records (updated January 2023) indicate no known
occurrences, maternity roosts, or hibernacula in or within 1.0 mile of the project study area. Due to the presence of potentially suitable habitat, and
potential hibernacula or roosting sites, but lack of known occurrences within the project vicinity, it is assumed that the proposed project would be covered
under the 4(d) Rule allowing for incidental take, and that the proposed project "May Affect, but is Not Likely to Adversely Affect" the NLEB.
Potentially suitable habitat for the tricolored bat is present within the project study area. During the spring, summer and fall - collectively referred to as
the non -hibernating seasons, tricolored bats primarily roost among live and dead leaf clusters of live or recently dead deciduous hardwood trees. In
addition, tricolored bats have been observed roosting during summer among pine needles, eastern red cedar (Juniperus virginiana), within artificial
roosts like barns, beneath porch roofs, bridges, concrete bunkers, and rarely within caves. During the winter, tricolored bats hibernate - which means
that they reduce their metabolic rates, body temperatures and heart rate - in caves and mines; although, in the southern United States, where caves are
sparse, tricolored bats often hibernate in road -associated culverts, as well as sometimes in tree cavities and abandoned water wells. However, a review
of the NCNHP records (updated January 2023) indicate no known occurrences, maternity roosts, or hibernacula in or within 1.0-mile of the project study
area. Due to this information, the proposed project "May Affect, but is Not Likely to Adversely Affect" the tricolored bat.
Potentially suitable habitat for the gray bat is not present due to the lack of caves within the project study area. Gray bats are known mainly from the
cave regions of the Southeast and Midwest. They live in colonies in caves, utilizing different caves for summer roosting and winter hibernating. Summer
caves are usually within one half mile of a river or reservoir, which provides foraging habitat. During the summer, females give birth and rear the young in
maternity caves, while males and yearlings roost in separate bachelor caves. Caves preferred for hibernation are typically deep, vertical caves with a
temperature between 42- and 52-degrees Fahrenheit. Gray bats are highly selective in choosing suitable caves, and nine known caves are thought to
provide hibernation space for 95 percent of the population. A review of the NCNHP database records (updated January 2023) indicate there are no
known occurrences of the gray bat in or within 1.0-mile of the project study area. Due to the lack of suitable habitat and the lack of known occurrences, it
has been determined that the proposed project will have "No Effect" on the gray bat.
Potentially suitable habitat for James spinymussel is not present within the project study area. Streams within the project study area are low -flow
perennial streams. A review of the NCNHP database records (updated January 2023) indicate there are no known occurrences of the James
spinymussel in or within 1.0-mile of the project study area. In addition, the nearest known population of the James spinymussell is located approximately
7 river miles upstream in the Dan River. Due to the lack of known occurrences, it has been determined that the proposed project will have "No Effect" on
the James spinymussel.
Forested edges within the project study area were overgrown with invasive plant species at Impact Site 1 and forested areas within Impact Site 2 are too
shaded to provide suitable habitat. A review of the NCNHP database records (updated January 2023) indicate there are no known occurrences of
Schweinitz's sunflower in or within 1.0 mile of the project study area. Due to the lack of suitable habitat and the lack of known occurrences, it has been
determined that the proposed project will have "No Effect" on the Schweinitz's sunflower.
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? *
The NOAA Essential Fish Habitat Mapper was reviewed on February 6, 2023. No essential fish habitat was identified within the project site or within the
vicinity of the project.
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 review of the State Historic Preservation Office (NCSHPO) HPOWEB GIS Service database performed on February 6, 2023 identified no national
register, study list, or determined eligible sites within the project study area. However, one Study List (SL) historic site was identified within 1.0 mile of the
project study area.
The "Hairston Sauratown Plantation" (SK0182) is an 1890 Gothic Revival historic site that was Study Listed for consideration in the National Register in
1988. The historic site is located approximately 0.36 miles south of the Site on Saura Farm Road. The Hairston Sauratown Plantation is separated from
the Site by undeveloped forestland and agricultural fields, and due to this separation, is not likely to be impacted by the proposed access roads within
the project study area.
Due to the lack of known historic and cultural resources within the project study area, as indicated by the NCSHPO HPOWEB, it is anticipated that the
proposed project will have no impact on any known cultural or historical resources.
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:
The project will cross Zone AE of a small tributary to the Dan River (stream DSC 1). A floodplain development permit will be applied for and issued by
Stokes County prior to construction.
8c. What source(s) did you use to make the floodplain determination?*
The FEMA Digital Flood Insurance Rate Map (DFIRM) panel 3710696400J (effective May 16, 2007) indicates there are 1% Annual Flood Hazards (Zone
AE) within the project study area along the Dan River and stream DSC 1. No FEMA-regulated floodways are located within the project study area.
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
BearBranch_PCN_NWP_13_20230224.pdf 10.11 MB
File must be PDF or KMZ
Comments
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:
Brandon Wyatt, WPIT
Signature
.r5 in.w/iw ritl.ar. %Ylc
Date
2/24/2023

Kimley»>Horn
February 6, 2023
Ms. Samantha Dailey
U.S. Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
Ms. Sue Homewood
NC Division of Water Resources
Water Resources — Water Quality Regional Operations Section
450 West Hanes Mill Road, Suite 300
Winston-Salem, NC 27105
RE: Nationwide Permit 14 Application — Bear Branch Solar Project (SAW-2019-02160)
Walnut Cove, Stokes County, North Carolina
Dear Ms. Dailey and Ms. Homewood:
On behalf of our client, the Capital Power Corporation, Kimley-Horn is submitting the attached
application for authorization under Nationwide Permit (NWP) #14 for the Bear Branch Solar Project
located in Stokes County, North Carolina. The Project is proposing the construction of a utility -scale
solar farm anticipated to generate 35 MW within an approximately 522-acre Project limit. The Site has
been previously delineated and verified by the USACE, with a total of 1.12-acres of wetlands and
24,315 linear feet of streams present within the Project. Development activities proposed have been
designed to avoid these features to the extent practicable, and will utilize existing roads where present.
Improvements will be needed to an existing stream crossing along stream DSC 2 to provide safer and
improved access to the proposed substation servicing the Site (Impact Site 1), and one new stream
crossing along stream DSC 1 associated with a new access road within the Project is necessary (Impact
Site 2).
The Site was previously delineated by Pilot Environmental, Inc. and a Preliminary Jurisdictional
Determination for the Site was issued by Bryan Roden -Reynolds of the US Army Corps of Engineers
(USACE) on February 5, 2020 (SAW-2019-02160) that included both streams DSC 1 and DSC 2.
Further, Kimley-Horn staff conducted an additional delineation within both stream crossing locations on
October 12, 2021 and May 10, 2022 since the crossings were located outside of the original study area
delineated by Pilot Environmental, Inc. The same streams were delineated at both crossings, and no
wetlands were identified in the corridors.
The proposed crossing at Impact Site 1 would impact one perennial stream (DCS 2) which originates
offsite and flows east into stream DSG. The proposed crossing will impact a total of 115 linear feet of
stream DCS 2 which would include 69 feet of stream impact (0.005 ac.) for culvert instillation, 36 feet
(0.004 ac.) of riprap bank stabilization, and 10 feet (0.0006 ac.) of temporary impact for construction
access.

Ki m ey >>> H o r n Page 2
The proposed crossing at Impact Site 2 would impact one perennial stream (DCS 1) which originates
in the southern portion of the Site and flows east into the Dan River. The proposed crossing will impact
a total of 108 linear feet of stream DSC 1, including 25 feet of permanent impact (0.0079 ac.) for culvert
installation, 24 feet (0.0057 ac.) of riprap bank stabilization, and 59 feet (0.017 ac.) of temporary impact
for construction access.
Compensatory mitigation is not proposed as part of this application due to minimal permanent impacts
to streams (<0.02 acre) and wetlands resulting from the proposed project. Furthermore, the riprap
stabilization proposed would be keyed into the banks to provide permanent no -net -loss impacts for long
term stability of the crossings while not impairing aquatic function in the streams. Additionally,
temporarily disturbed areas will be returned to pre -construction contours after completion of the Project.
To assist with the processing of this application, the following information is included:
• ePCN Application Form
• Signed Agent Authorization Form
• Figures
• Preliminary Jurisdictional Determination (SAW-2019-02160)
• Permit Impact Drawings
• Plan Sheets
• NCDWR 401 Application Fee of $570
If there is any additional information you need to assist in the processing of this NWP application, please
do not hesitate to contact me at [phone] or [e-mail].
Sincerely,
Jason Hartshorn, PWS

W ATF9OG
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre -Construction Notification PCN Form
A. Applicant Information
1.
Processing
1 a.
Type(s) of approval sought from the
Corps:
®Section 404 Permit El Section 10 Permit
1 b.
Specify Nationwide Permit (NWP) number: 14 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):
N 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 N No
For the record only for Corps Permit:
❑ Yes N 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:
Bear Branch Solar Project
2b.
County:
Stokes County
2c.
Nearest municipality / town:
Walnut Cove
2d.
Subdivision name:
2e.
NCDOT only, T.I.P. or state
project no:
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Farms of Stokes, LLC
3b.
Deed Book and Page No.
3c.
Responsible Party (for LLC if
applicable):
Samuel Wilson
3d.
Street address:
113 Rollingwood Drive
3e.
City, state, zip:
New Bern, NC 28562
3f.
Telephone no.:
3g.
Fax no.:
3h.
Email address:
Page 1 of 14
PCN Form — Version 1.3 December 10, 2008 Version

4.
Applicant Information (if different from owner)
4a.
Applicant is:
® Agent ❑ Other, specify:
4b.
Name:
Jennifer Schroeder
4c.
Business name
(if applicable):
Capital Power Corporation (Leasee)
4d.
Street address:
155 Federal Street, Suite 1200, 12th Floor
4e.
City, state, zip:
Boston, MA 02110
4f.
Telephone no.:
[phone]
4g.
Fax no.:
4h.
Email address:
[e-mail]
5.
Agent/Consultant Information (if applicable)
5a.
Name:
Jason Hartshorn, PWS
5b.
Business name
(if applicable):
Kimley-Horn
5c.
Street address:
421 Fayetteville Street, Suite 600
5d.
City, state, zip:
Raleigh, NC, 27601
5e.
Telephone no.:
[phone]
5f.
Fax no.:
5g.
Email address:
[e-mail]
Page 2 of 14
PCN Form — Version 1.3 December 10, 2008 Version

B.
Project Information and Prior Project History
1.
Property Identification
1a.
Property identification no. (tax PIN or parcel ID):
6974159192.000
1 b.
Site coordinates (in decimal degrees):
Latitude: 36.344467 Longitude: - 80.120042
(DD.DDDDDD) (-DD.DDDDDD)
1 c.
Property size:
522.1 acres
2.
Surface Waters
2a.
Name of nearest body of water (stream, river, etc.) to
Dan River
proposed project:
2b.
Water Quality Classification of nearest receiving water:
WS-V
2c.
River basin:
Roanoke River Basin - Hydrologic Unit Code [HUC]
03010103
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 is situated east of Tuttle Road, south of Tilley Road, and west of the Dan River in Walnut Cove, Stokes County,
North Carolina. Land use in the project vicinity is largely composed of agricultural and silvicultural land fragmented by
undeveloped riparian corridors and single-family residential properties. Land use within the Site boundary is composed
primarily of planted Ioblolly pine intersected by narrow, mixed -hardwood riparian corridors, and two small agriculture fields.
The planted pine stands within the Site range from an estimated 5- to 30-years in age. Unimproved forestry roads are present
throughout the Site and an overhead powerline and easement are located in the western portion of the Site near Tuttle Road.
3b.
List the total estimated acreage of all existing wetlands on the property:
1.12 acres
3c.
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
24,315 linear feet
3d.
Explain the purpose of the proposed project:
The purpose of the proposed Project is to construct a utility -scale solar farm between Tuttle Road and the Dan River to
provide renewable energy for the surrounding electrical grid.
3e.
Describe the overall project in detail, including the type of equipment to be used:
The approximately 522-acre Project would install photovoltaic solar panels organized in large arrays oriented around the
Site to best utilize available solar energy and work with natural land topography to the extent practicable. The Site has
been historically used for silvicultural production, and existing interior roads will be utilized to the extent practicable,
however impacts associated with two stream crossings will result from necessary roadway improvements. Typical site
development and structural construction equipment will be utilized including dump trucks, graders, bulldozers, cranes,
asphalt pavers, excavators, and concrete trucks.
Page 3 of 14
PCN Form — Version 1.3 December 10, 2008 Version

4.
Jurisdictional Determinations
4a.
Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past?
Comments: The Site was previously delineated by Pilot
Environmental, Inc. and a Preliminary Jurisdictional
Determination for the Site was issued by Bryan Roden -
Reynolds of the US Army Corps of Engineers (USACE) on
February 5, 2020 (SAW-2019-02160) that included both
® Yes ❑ No ❑ Unknown
streams DSC 1 and DSC 2. Further, Kimley-Horn staff
conducted an additional detailed delineation effort within
both stream crossing corridors of streams DSC 1 and DSC 2
on October 12, 2021 and May 10, 2022 that were located
outside of the original study area delineated by Pilot
Environmental, Inc. The streams were delineated at both
crossings, and no wetlands were identified in the corridors.
4b.
If the Corps made the jurisdictional determination, what type
®Preliminary El Final
of determination was made?
4c.
If yes, who delineated the jurisdictional areas?
Agency/Consultant Company: Pilot Environmental, Inc.
Name (if known):
Other: Pilot Environmental, Inc. within main site, Kimley-
Horn & Associates delineated the additional areas.
4d.
If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
A Preliminary Jurisdictional Determination for the Site was issued
by Bryan Roden -Reynolds of the US Army Corps of
Engineers (USACE) on February 5, 2020 (USACE SAW-2019-02160).
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.
6.
Future Project Plans
6a.
Is this a phased project?
❑ Yes ® No
6b.
If yes, explain.
Page 4 of 14
PCN Form — Version 1.3 December 10, 2008 Version

C. Proposed Impacts Inventory
1. Impacts Summary
1a. 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
2g. Total wetland impacts
2h. Comments: No wetlands will be impacted as part of the proposed project.
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)
Site 1 ® P ❑ T
Culvert Installation
Stream DSC2
® PER
❑ INT
® Corps
® DWQ
5.5
69
Site 1 ® P ❑ T
Riprap
Stabilization (No
Stream DSC2
® PER
❑ INT
® Corps
® DWQ
5.5
36
Net Loss)
Temporary
® PER
® Corps
Site 1 El ® T
Construction
Stream DSC2
❑INT
®DWQ
5.5
9
Access
Site 2 ® P ❑ T
Culvert Installation
Stream DSC1
® PER
❑ INT
® Corps
® DWQ
8
25
Site 2 ® P ❑ T
Riprap
Stabilization (No
Stream DSC1
® PER
❑ INT
® Corps
® DWQ
8
24
Net Loss)
Temporary
® PER
® Corps
Site 2 El ® T
Construction
Stream DSC1
❑INT
®DWQ
8
59
Access
3h. Total stream and tributary impacts
222
3i. Comments: The project proposes two impacts, one at an internal road crossing within the Site which is needed to access
the substation (Impact Site 1), and one at an offsite road crossing to access the solar array in the southeastern portion of the
Site (Impact Site 2). Permanent stream impacts will occur as a result of the proposed culvert instillation and permanent no -net
loss stream impacts will occur due to the instillation of keyed -in riprap outlet protection at both Impact Sites. Temporary
impacts to streams DSC 1 and DSC 2 will result from the temporary dewatering and construction access necessary to install
the proposed culverts and riprap. All temporary stream impacts will be returned to pre -construction contours and revegetated
upon completion of construction.
Page 5 of 14
PCN Form — Version 1.3 December 10, 2008 Version

4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a.
4b.
4c.
4d.
4e.
Open water
Name of waterbody
impact number -
(if applicable)
Type of impact
Waterbody type
Area of impact (acres)
Permanent (P) or
Temporary T
01 ❑P❑T
02 ❑P❑T
4f. Total open water impacts
4g. Comments: No open water will be impacted as part of the proposed project.
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
5a.
5b.
5c.
5d.
5e.
Wetland Impacts (acres)
Stream Impacts (feet)
Upland
Pond ID
Proposed use or purpose
(acres)
number
of pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5f. Total
5g. Comments: No pond or lake construction is associated with the proposed project.
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:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a.
❑ Neuse ❑ Tar -Pamlico ❑ Other:
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
re uired?
B1 ❑P❑T
❑Yes
❑ No
B2 ❑P❑T
❑Yes
❑ No
B3 ❑P❑T
❑Yes
❑ No
6h. Total buffer impacts
6i. Comments: No riparian buffers will be impacted as part of the proposed project.
D. Impact Justification and Mitigation
Page 6 of 14
PCN Form - Version 1.3 December 10, 2008 Version

1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Impacts to the streams within the project area have been avoided and minimized to the greatest extent practical by intentional
design. The Project will utilize existing roads as much as practicable, however improvements will be needed to an existing
stream crossing along stream DSC 2 to provide safer and improved access to the proposed substation servicing (Impact Site
1), and one new stream crossing along stream DSC 1 associated with a new access road within the Project is necessary
(Impact Site 2). Impacts to streams DSC1 and DSC2 were minimized by aligning the access road crossings over the streams
to be as close to perpendicular as possible. Additionally, the proposed culverts will be buried to allow for the movement of
aquatic species. A headwall along the downstream sides of streams DSC1 and DSC2 have been proposed to reduce culvert
length and reduce stream impacts. Riprap at the culvert inlets and outlets will be keyed in to both stream banks and bed to
ensure no loss of aquatic function to the stream.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Impacts to streams within the project area will be minimized to the extent practical throughout the construction process by
avoiding stream features with equipment, materials, and access corridors whenever possible. Where feasible, staging and
construction access routes will be located in upland areas throughout the study area, and silt fencing will be installed around
the permitted limits of disturbance to ensure all equipment is located within the permitted areas. Sediment control measures
will be used to reduce stormwater impacts to receiving waters and minimize runoff from the construction sites.
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
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type
Quantity
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b. Stream mitigation requested:
linear feet
4c. If using stream mitigation, stream temperature:
❑ 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.
Page 7 of 14
PCN Form — Version 1.3 December 10, 2008 Version

6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
❑ Yes ® No
buffer mitigation?
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
6c.
6d.
6e.
Zone
Reason for impact
Total impact
Multiplier
Required mitigation
(square feet)
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments: No riparian buffers will be impacted as part of the proposed project; therefore, no buffer mitigation is required
for the proposed project.
Page 8 of 14
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?
2.7 %
2b.
Does this project require a Stormwater Management Plan?
❑ Yes ® No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why: Stormwater will not be substantially
concentrated or collected as a result of the proposed project. Stormwater management within the Site will be controlled
by improvements to the land cover within the Site. During construction, the use of temporary sediment basins and
temporary skimmer basins will be used.
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?
Stokes County
❑ Phase II
3b.
Which of the following locally -implemented stormwater management programs
❑ NSW
❑ 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 9 of 14
PCN Form — Version 1.3 December 10, 2008 Version

F.
Supplementary Information
1.
Environmental Documentation (DWQ Requirement)
1a.
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)?
1c.
If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.)
❑ Yes
❑ No
Comments:
2.
Violations (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.
No additional or cumulative impacts are anticipated due to the construction of the proposed project.
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 as a result of the proposed project.
Page 10 of 14
PCN Form — Version 1.3 December 10, 2008 Version

Page 11 of 14
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?
El Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted.
❑ Asheville
Page 12 of 14
PCN Form — Version 1.3 December 10, 2008 Version

5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
As of February 6, 2023, the US Fish and Wildlife Service (USFWS) Information for Planning and Consulting (IPaC) tool
lists five species with potential to occur within the project vicinity. The bald eagle (Haliaeetus Ieucocephalus) also has
potential to occur in the project vicinity and is protected under the Bald and Golden Eagle Protection Act (BGPA). Kimley-
Horn reviewed the NC Natural Heritage Program (NCNHP) element occurrence database (updated January 2023) to
determine if there are any known occurrences of federally protected species in the project study area or its vicinity. The
NCNHP database records indicate that there are no known occurrences of any federally protected species in or within 1.0
mile of the project study area.
Potentially suitable foraging habitat for the bald eagle is present within the Dan River adjacent to the Site, and suitable
nesting habitat is present within the Site. However, a review of the NCNHP records (updated January 2023) indicate no
known individual occurences of the bald eagle in or within 1.0 mile of the project study area. Due to the presence of
potentially suitable habitat, but lack of known occures within the project vicinity, it has been determined that the proposed
project "May Affect, but is Not Likely to Adversely Affect" the bald eagle.
Potentially suitable habitat for the northern long-eared bat (NLEB) is present within the project study area. Northern long-
eared bat summer roosting habitat is present within any tree larger than 3" in diameter. However, a review of the NCNHP
records (updated January 2023) indicate no known occurrences, maternity roosts, or hibernacula in or within 1.0 mile of
the project study area. Due to the presence of potentially suitable habitat, and potential hibernacula or roosting sites, but
lack of known occurrences within the project vicinity, it is assumed that the proposed project would be covered under the
4(d) Rule allowing for incidental take, and that the proposed project "May Affect, but is Not Likely to Adversely Affect" the
NLEB.
Potentially suitable habitat for the tricolored bat is present within the project study area. During the spring, summer and
fall - collectively referred to as the non -hibernating seasons, tricolored bats primarily roost among live and dead leaf
clusters of live or recently dead deciduous hardwood trees. In addition, tricolored bats have been observed roosting
during summer among pine needles, eastern red cedar (Juniperus virginiana), within artificial roosts like barns, beneath
porch roofs, bridges, concrete bunkers, and rarely within caves. During the winter, tricolored bats hibernate - which
means that they reduce their metabolic rates, body temperatures and heart rate - in caves and mines; although, in the
southern United States, where caves are sparse, tricolored bats often hibernate in road -associated culverts, as well as
sometimes in tree cavities and abandoned water wells. However, a review of the NCNHP records (updated January
2023) indicate no known occurences, maternity roosts, or hibernacula in or within 1.0-mile of the project study area. Due
to this information, the proposed project "May Affect, but is Not Likely to Adversely Affect" the tricolored bat.
Potentially suitable habitat for the gray bat is not present due to the lack of caves within the project study area. Gray bats
are known mainly from the cave regions of the Southeast and Midwest. They live in colonies in caves, utilizing different
caves for summer roosting and winter hibernating. Summer caves are usually within one half mile of a river or reservoir,
which provides foraging habitat. During the summer, females give birth and rear the young in maternity caves, while
males and yearlings roost in separate bachelor caves. Caves preferred for hibernation are typically deep, vertical caves
with a temperature between 42- and 52-degrees Fahrenheit. Gray bats are highly selective in choosing suitable caves,
and nine known caves are thought to provide hibernation space for 95 percent of the population. A review of the NCNHP
database records (updated January 2023) indicate there are no known occurences of the gray bat in or within 1.0-mile of
the project study area. Due to the lack of suitable habitat and the lack of known occurences, it has been determined that
the proposed project will have "No Effect" on the gray bat.
Potentially suitable habitat for James spinymussel is not present within the project study area. Streams within the project
study area are low -flow perennial streams. A review of the NCNHP database records (updated January 2023) indicate
there are no known occurrences of the James spinymussel in or within 1.0-mile of the project study area. In addition, the
nearest known population of the James spinymussell is located approximately 7 river miles upstream in the Dan River.
Due to the lack of known occurrences, it has been determined that the proposed project will have "No Effect" on the
James spinymussel.
Forested edges within the project study area were overgrown with invasive plant species at Impact Site 1 and forested
areas within Impact Site 2 are too shaded to provide suitable habitat. A review of the NCNHP database records (updated
January 2023) indicate there are no known occurrences of Schweinitz's sunflower in or within 1.0 mile of the project study
area. Due to the lack of suitable habitat and the lack of known occurrences, it has been determined that the proposed
project will have "No Effect" on the Schweinitz's sunflower.
Page 13 of 14
PCN Form — Version 1.3 December 10, 2008 Version

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?
The NOAA Essential Fish Habitat Mapper was reviewed on February 6, 2023. No essential fish habitat was identified
within the project site or within the vicinity of the project.
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?
A review of the State Historic Preservation Office (NCSHPO) HPOWEB GIS Service database performed on February 6,
2023 identified no national register, study list, or determined eligible sites within the project study area. However, one
Study List (SL) historic site was identified within 1.0 mile of the project study area.
The "Hairston Sauratown Plantation" (SK0182) is an 1890 Gothic Revival historic site that was Study Listed for
consideration in the National Register in 1988. The historic site is located approximately 0.36 miles south of the Site on
Saura Farm Road. The Hairston Sauratown Plantation is separated from the Site by undeveloped forestland and
agricultural fields, and due to this separation, is not likely to be impacted by the proposed access roads within the project
study area.
Due to the lack of known historic and cultural resources within the project study area, as indicated by the NCSHPO
HPOWEB, it is anticipated that the proposed project will have no impact on any known cultural or historical resources.
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: The project will cross Zone AE of a small tributary to the Dan River
(stream DSC 1). A floodplain development permit will be applied for and issued by Stokes County prior to construction.
8c. What source(s) did you use to make the floodplain determination? The FEMA Digital Flood Insurance Rate Map (DFIRM)
panel 3710696400J (effective May 16, 2007) indicates there are 1% Annual Flood Hazards (Zone AE) within the project
study area along the Dan River and stream DSC 1. No FEMA-regulated floodways are located within the project study
area.
Jason Hartshorn, PWS
12/2/22
Applicant/Agent's Printed Name
Date
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization letter from the applicant
isprovided.)
Page 14 of 14
PCN Form — Version 1.3 December 10, 2008 Version

AGENT AUTHORIZATION FORM
Name: Kimberly Cupicha
Address: 155 Federal Street, Suite 1200 Boston, MA 02110
Phone: [phone]
Project Name/Description: Bear Branch Solar Site
Date: 11 /29/2021
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
Attention: Ms. Jean Gibby
Field Office: Raleigh and Charlotte Re u�ry Field Offices
Re: Wetland Related Consulting and Permitting
To Whom It May Concern:
Capital Power Corporation hereby designates and authorizes Kimley-Horn and Associates, Inc. to act
in my/our behalf as my/our agent solely for the purpose of processing Jurisdictional Determinations and
Section 404 permits/Section 401 Water Quality Certifications applications, and to furnish upon request
supplemental information in support of applications, etc. from this day forward until successful
completion of the permitting process or revocation by the owner.
In addition, I, the undersigned, a duly authorized leasee of the property/properties identified herein, do
authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter
upon the property herein described for the purpose of conducting on -site investigations and issuing a
determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the
Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899.
Authorized this the 29th day of November , 2021
Kimberly Cupicha
Responsible Parry's Name
Cc: Rick Trone
NC Division of Water Resources
401 & Buffer Permitting Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Responsibl arty's Agnature

rd Rd
m od Rd Q-a
Ga�e�o Oacc
Qo�o
aD
J
y Ln Dille
c
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m v `e5
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89 ° ', Turtle Ridge R,
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�o� St;Qa Lu
41 �acmR
Legend
Substation Limits of Disturbance
Neal Rd Solar Panel Limits of Disturbance
31 Bear Branch Additional Areas
Bear Branch Project Study Area
acr s
E m e ter Walnut Cove
0 4,500 9,000
Stokes County
Feet
S
Ohio
Maryland
West Virginia Virginia
Kentucky
Virginia
Stokes County
Tennessee z
z
D O
U
North Carolina OU STOKES COUNTY
� Q
z
U Y
South Carolina U
Project Study Area
Georgia Atlantic Ocean
FORSYTH COUNTY
Figure 1: Vicinity Map
Bear Branch Solar Site
Kim ey>>> Horn Walnut Cove, Stokes County, NC
February 2023

Legend
Substation Limits of Disturbance
Solar Panel Limits of Disturbance
Bear Branch Additional Areas
Bear Branch Project Study Area
Kimley»>Horn
0
0 900 1,800
1 Feet
Figure 2: USGS Topographic Map
Bear Branch Solar Site
Walnut Cove, Stokes County, NC
February 2023

� i
0 900 1,800
Feet
Legend
"rle. Intermittent Streams
Perennial Streams
7 A Jurisdictional Wetlands
Substation Limits of Disturbance
U Solar Panel Limits of Disturbance
Bear Branch Additional Areas
Bear Branch Project Study Area
1
Kimley>»Horn
Figure 3: Jurisdictional Features Map
Bear Branch Solar Site
Walnut Cove, Stokes County, NC
February 2023

AN
Pa
M
'(C
MnC
Legend
«wF
+�tAA
RE
rM Lam•,. -.
RPF
_ PH, 7�i
g '
{; t -
Substation Limits of Disturbance
Solar Panel Limits of Disturbance
Bear Branch Additional Area
ED Bear Branch Project Study Area
Kimley»>Horn
'A
TI G
M F)
D-
:��LLE'4►i: ��.
A2
h
M [l
� 1li�nnF
LP
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mou
I
0 900 1,800
N I Feet
Figure 4: NRCS Soil Survey Map
Bear Branch Solar Site
Walnut Cove, Stokes County, NC
February 2023

A t
1
rw
SHEET 42,f �.�,;"`a' E
d
f
w
r
43
r�
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i i i h
{
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jL
Impact Site 2: Stream Crossing
+ Impact Site 1: Stream Crossing
Legend
Substation Limits of Disturbance `
Solar Panels Limits of Disturbance
Bear Branch Additional Areas
Bear Branch Project Study Area Feet
0 950 1,900
Kimley>>> Horn
Figure 5.0 Permit Impact Drawings - Overall Impacts
Bear Branch Solar Site
Walnut Cove, Stokes County, NC
February 2023

Impact Site 1 N
PERMANENT STREAM IMPACTS: 0.005 ac. (69 LF) N,n
PERMANENT STREAM IMPACTS (No Net Loss): 0.004 ac. (36 LF)
TEMPORARY STREAM IMPACTS: 0.0006 ac. (10 LF) - r
ti
03
Impervious Dike for Headwall
Pump Around Systemf
%
i
\ A 1 I
}
---' Pump Around System li
---- Discharge Point
J
5E
-- .
PUMP r�_ r
-,- �
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Legend
95 Streams 0 Surveyed Existing Culvert J
Permanent Stream Impacts 0 Riprap Stabilization
Permanent No Net Loss Stream Impacts %nm Proposed Culvert..
Temporary Stream Impacts Limits of Disturbance Feet
0 15 30
Figure 5.1 Permit Impact Drawings - Site 1
Bear Branch Solar Site
Kim ey>>> Horn Walnut Cove, Stokes County, NC
November 2022

N
Site 2
A
PERMANENT STREAM IMPACTS:
0.0079 ac. (25 LF)
TEMPORARY ERQr.
PERMANENT STREAM IMPACTS
(No Net Loss): 0.0057 ac. (24 LF)
CONTROL
MATnNj
TEMPORARY STREAM IMPACTS:
0.017 ac. (59 LF)
DDWNSTR EAIA
INVERT
RIP—R.AP
'
1 E
a
�
r
r
ij�
j♦�♦�♦�♦
9♦♦♦ ♦7
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SEE DETAIL 2
r
Legend
Proposed Culvert
.��
" a,
I,� AMP DIH AR
/ HOSE, SEE DE -
Permanent Stream Impacts
1
Permanent No Net Loss Stream Impacts
Temporary Stream Impacts
Streams
Limits of Disturbance
+ "
I
Feet
I 0 15 30
Figure 5.2 Permit Impact Drawings - Site 2
Kimley>>> Horn Bear Branch Solar Site
Walnut Cove, Stokes County, NC
February 2023

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2019-02160 County: Stokes U.S.G.S. Quad: NC- Belews Lake
NOTIFICATION OF JURISDICTIONAL DETERNIINATION
Requestor: Samuel Wilson Farms of Stokes, LLC
Darrin and Elizabeth Paley
Address: 113 Rollingw000d Drive
New Bern, NC 28562
Telephone Number: 252-671-5194
E-mail: xorv72(a,yahoo.com
Size (acres) —500 Nearest Town Walnut Cove
Nearest Waterway Dan River River Basin Roanoke
USGS HUC 03010103 Coordinates Latitude: 36.344733
Longitude:-80.121402
Location description: The review area is located on the north side of Tuttle Road; approximately 2 miles north of the
intersection of Tuttle Road and US Highwav 311. PIN: 6974159192. Reference review area description shown in Jurisdictional
Determination Request package entitled "Drawing 1, USGS Topographic 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 2/4/2020. 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-2019-02160
❑ 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 [phone] 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
b rvan.roden-revnoldsnn ,u sace.armv.mil.
C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination
form dated 2/5/2020.
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 1OM15
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 Not applicable.
**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
REYNOLDS.BRYAN.KENNETH.1263385574
Corps Regulatory Official: REYNOLDS.BRYAN.KEN N ETH.1263385574 Date: 2020.02.05 10:55:03 -05'00'
Date of JD: 2/5/2020 Expiration Date of JD: Not applicable

SAW-2019-02160
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:
P.O. Box 128
Kernersville, NC 27285
Telephone Number:
336-310-4527
E-mail:
shomer(a,nilotenviro.com

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Samuel Wilson Farms of Stokes, LLC,
File Number: SAW-2019-02160
Date: 2/5/2020
Darrin and Elizabeth Pale
Attached
is:
See Section below
❑
INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission)
A
❑
PROFFERED PERMIT Standard Permit or Letter ofpermission
B
❑
PERMIT DENIAL
C
❑
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.mil/Missions/CivilWorks/RegulatoiyProgramandPermits.aspx
or the 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: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the 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: [phone]

PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 2/5/2020
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Samuel Wilson Farms of Stokes, LLC, Darrin and
Elizabeth Paley, 113 Rollingw000d Drive, New Bern, NC 28562
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Bear Branch Solar, SAW-2019-
02160
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The review area is located on the north side
of Tuttle Road; approximately 2 miles north of the intersection of Tuttle Road and US Highway 311. PIN: 6974159192.
Reference review area description shown in Jurisdictional Determination Request package entitled "Drawing 1, USGS
Topographic Map".
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County: Stokes City: Walnut Cove
Center coordinates of site (lat/long in degree decimal format): Latitude: 36.344733 Longitude:-80.121402
Universal Transverse Mercator:
Name of nearest waterbody: Dan River
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
® Field Determination. Date(s): 01/31/2020
TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Estimated amount of
Type of aquatic q
Geographic authority to
Latitude (decimal
Longitude (decimal
aquatic resources inwhich
resources (i.e.,
the aquatic resource
"may
Feature
degrees)
degrees)
review area (acreage
wetland vs. non -
be" subject (i.e.,
and linear feet, if
wetland waters)
Section 404 or Section
applicable
10/404)
SEE ATTACHED TABLE
1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review
area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an
approved JD (AJD) for that review area based on an informed decision after having discussed the
various types of JDs and their characteristics and circumstances when they may be appropriate.
2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General
Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or
requests verification for a non -reporting NWP or other general permit, and the permit applicant has
not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit
applicant has elected to seek a permit authorization based on a PJD, which does not make an official
determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD
before accepting the terms and conditions of the permit authorization, and that basing a permit
authorization on an AJD could possibly result in less compensatory mitigation being required or
different special conditions; (3) the applicant has the right to request an individual permit rather than
accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant
can accept a permit authorization and thereby agree to comply with all the terms and conditions of that

permit, including whatever mitigation requirements the Corps has determined to be necessary; (5)
undertaking any activity in reliance upon the subject permit authorization without requesting an AJD
constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g.,
signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps
permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area
affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such
jurisdiction in any administrative orjudicial compliance or enforcement action, or in any
administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AID
or a PJD, the JD will be processed as soon as practicable. Further, an AID, a proffered individual
permit (and all terms and conditions contained therein), or individual permit denial can be
administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it
becomes appropriate to make an official determination whether geographic jurisdiction exists over
aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic
resources in the review area, the Corps will provide an AID to accomplish that result, as soon as is
practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be"
navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the
review area that could be affected by the proposed activity, based on the following information:

SUPPORTING DATA. Data reviewed for PJD (check all that apply)
Checked items should be included in subject file. Appropriately reference sources below where
indicated for all checked items:
® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map: Drawings 1-5.4
® Data sheets prepared/submitted by or on behalf of the PJD requestor.
® Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Rationale:
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
® U.S. Geological Survey map(s). Cite scale & quadname: Drawing 1, USGS Topographic Map (1:24,000 Frog
Pond and Bear Branch, NC)
® Natural Resources Conservation Service Soil Survey. Citation: Drawing 2, Web Soil Map (Web Soil Survey of Stokes
County) and Drawing 2A, Published Soil Map (Soil Survey of Stokes County)
® National wetlands inventory map(s). Cite name: Drawing 3, NWI Map (USFWS NWI Mapper)
❑ State/local wetland inventory map(s):
® FEMA/FIRM maps: Drawing 4, FEMA FIRM (National Flood Hazard Layer)
❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
® Photographs: ®Aerial (Name & Date): Drawings 5-5.4, Wetland Maps (Dated 02/04/2020)
or ❑Other (Name & Date):
❑ Previous determination(s). File no. and date of response letter:
❑ Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily been
verified by the Corps and should not be relied upon for later Jurisdictional determinations.
RODEN
REYNOLDS.BRYAN.K
EN N ETH.1263385574
Digitally signed by RODEN
REYNOLDS.B RYAN.KEN N ETH.
1263385574
Date: 2020.02.05 10:54:13
-05'00'
Signature and date of Regulatory
staff member completing PJD
2/5/2020
,,J,6� TIMA 16, 2/6/20
Signature and date of person requesting PJD
(REQUIRED, unless obtaining the signature is
impracticable)1
1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the
established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an
action.

Site Boundary
Intermittent Stream
Perennial Stream
Flag Number/Feature ID
Culvert
r. f' 411111111111111
THE LOCATIONS OF FEATURES SHOWN ON THIS MAP WERE VERIFIED BY MR. BRYAN RODEN-REYNOLDS WITH THE USACE ON JANUARY
31, 2020. THIS EXHIBIT INCLUDES GPS LOCATIONS OF DELINEATED FEATURES. DELINEATION CONDUCTED BY PILOT OCTOBER 17-18, 2019.
Drawing 5
Satellite Imagery from ESRI
and Pilot GPS Data
Scale: 1" = 1,000'
Date: 10.23.19
Revised: 2.4.20
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P I L 0 T ! N Y I R 0 % N! N T A L I N i
Wetland Map
Bear Branch Solar
Approximate 500-Acre Tract
Walnut Cove, Stokes County, NC
Pilot Project 5174

D5 U 2
60 LF
D5V
DSU 3 70 LF
30 LF�,
DS U 4
110 LF,,
r {
850 LF
D5S
(800 LF on -site)
DW L
0.064 ac
1160 LF
DST
47ff LF
' DANK
0.003 ac
Site Boundary
Intermittent Stream
Perennial Stream
Wetland
�r
DP-10 Data Point
FP wA1-5 Flag Number/Feature ID
■ Culvert
1
THE LOCATIONS OF FEATURES SHOWN ON THIS MAP WERE VERIFIED BY MR. BRYAN RODEN-REYNOLDS WITH THE USACE ON JANUARY
31. 2020. THIS EXHIBIT INCLUDES GPS LOCATIONS OF DELINEATED FEATURES. DELINEATION CONDUCTED BY PILOT OCTOBER 17-18. 2019
Drawing 5.1
Satellite Imagery from ESRI
and Pilot GPS Data
Scale: 1" = 250'
Date: 10.23.19
Revised: 2.4.20
Wetland Map
Bear Branch Solar
Approximate 500-Acre Tract
Walnut Cove, Stokes County, NC
Pilot Project 5174

D6R
330 Lr%
wow
■
•w�
051)
1490 LF
DSQ
20 LF
owl
05N DWI 2
0.013 at
810 LF 110.003ac
DW1
0.013 acac
DWI 4
0.023 ac
DWI 3
0.009 at
160 LF
DSK 2
F• f 260LF DWG
S• 603 at
DSK 1
410 LF
DWH '..�..•,
LEGEND 0.004 ac�
16 Site Boundary L
D51
■ ■ ■ ■ ■ ■ Intermittent Stream DSL 21940 LF
Perennial Stream 90 LF�'�
4r— Wetland
DP-1 0 Data Point
WA 1-5 Flag Number/Feature ID
■ Culvert _
, 1
THE LOCATIONS OF FEATURES SHOWN ON THIS MAP WERE VERIFIED BY MR. BRYAN RODEN-REYNOLDS WITH THE USACE ON JANUARY
31, 2020. THIS EXHIBIT INCLUDES GPS LOCATIONS OF DELINEATED FEATURES. DELINEATION CONDUCTED BY PILOT OCTOBER 17-18, 2019
Drawing 5.2 Wetland Map
d
Satellite Imagery from ESRI:`..:.k.rrr..:. Bear Branch Solar
..
and Pilot GPS Data =`.`
_ _ . -. .} Approximate 500-Acre Tract
Scale: 1" = 350' — p'L�'■ r. Walnut Cove, Stokes County, NC
Date: 10.23.19 Pilot Project 5174
PILOT lHYI RQ A! ! W TA L. NL
Revised: 2.4.20

DWE
0,056 ac
DW D
10.009 ac
DSC 2
1210 LF
P
�DSF 2
250 LF
DWA
�0.083 ac
DP-1O y�
DP-2 O D5H
540 LF
DSF I
Iwo LF
DW 8
0.013 ac
DSG
10 LF
DSC 1
3540 LF
LEGEND
DWC
0.003 ac
Site Boundary
Intermittent Stream
Perennial Stream
Wetland
DP-1 O Data Point
WA 1-5 Flag Number/Feature ID
''�' ■ Culvert
y
THE LOCATIONS OF FEATURES SHOWN ON THIS MAP WERE VERIFIED BY MR. BRYAN RODEN-REYNOLDS WITH THE USACE ON JANUARY
31, 2020. THIS EXHIBIT INCLUDES GPS LOCATIONS OF DELINEATED FEATURES. DELINEATION CONDUCTED BY PILOT OCTOBER 17-18, 2019
7
Drawing 5.3 Wetland Map
Satellite Imagery from ESRI s +, k. ''
`�'�e ��; ; ;,.� Bear Branch Solar
and Pilot GPS Data'`°`
_ _ . , ;'::-�., .} ;..,.,, _ Approximate 500-Acre Tract
Scale: 1" = 350' — ■ r. Walnut Cove, Stokes County, NC
Date: 10.23.19 Pilot Project 5174
P I L 0 T ! N Y I R 0 N! N T A L I N L
Revised: 2.4.20

DSC 1
3540 LF
D5 D
270 LF
D5B
1270 LF
i FGFND
DW F
0.215 ac
Site Boundary
Intermittent Stream
Perennial Stream
Wetland
DP-10 Data Point
WA 1-5 Flag Number/Feature ID
■ Culvert
I
THE LOCATIONS OF FEATURES SHOWN ON THIS MAP WERE VERIFIED BY MR. BRYAN RODEN-REYNOLDS WITH THE USACE ON JANUARY
31, 2020. THIS EXHIBIT INCLUDES GPS LOCATIONS OF DELINEATED FEATURES. DELINEATION CONDUCTED BY PILOT OCTOBER 17-18, 2019 ji
Drawing 5.4
Satellite Imagery from ESRI
and Pilot GPS Data
Scale: 1" = 400'
Date: 10.23.19
Revised: 2.4.20
' - , � _;
- PIL01' r
P I L 0 T ! N Y I R 0 N! N T A L I N i
Wetland Map
Bear Branch Solar
Approximate 500-Acre Tract
Walnut Cove, Stokes County, NC
Pilot Project 5174

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