20230449 Ver 1_ePCN Application_20230323

DWR
Division of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 13, 2022 Ver 4.3
Initial Review
Has this project met the requirements for acceptance in to the review process?
Yes
No
Is this project a public transportation project?*
Yes No
Change only If needed.
Pre -Filing Meeting Date Request was submitted on:
2/21/2023
BIMS # Assigned
20230449
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
la. Name of project:
West River Solar Site
la. Who is the Primary Contact?*
William Sullivan, PWS
1b. Primary Contact Email: *
[e-mail]
Date Submitted
3/23/2023
Nearest Body of Water
Little Alamance Creek
Basin
Cape Fear
Water Classification
WS-IV: NSW
Site Coordinates
Latitude:
36.044023
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Guilford
Is this a NCDMS Project
Yes No
Longitude:
-79.642221
Version#*
1
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Seren Homer:[e-mail]
1c. Primary Contact Phone: *
[phone]
O

Is this project a public transportation project?*
Yes No
1a.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)
1c. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number: 51 - Land -based Renewable Energy
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
401 Water Quality Certification - Express
Riparian Buffer Authorization
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification: Yes No
For the record only for Corps Permit: Yes No
1f. Is this an after -the -fact permit application? *
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1h. Is the project located in any of NC's twenty coastal counties?
Yes No
1j. Is the project located in a designated trout watershed?
Yes No
B. Applicant Information
1d. 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:
Pine Gate Renewables, LLC (Owner and Lessee)
2b. Deed book and page no.:
2c. Contact Person:
Sean Anderson

2d. Address
Street Address
130 Roberts Road
Address Line 2
City
Asheville
Postal / Zip Code
28801
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
William Sullivan, 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]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
McLeansville
2. Project Identification
2a. Property Identification Number:
120643,116804,116805,116807,116799,
120662
2c. Project Address
Street Address
Multiple, See Figure 1: Vicinity Map
Address Line 2
City
Postal / Zip Code
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Little Alamance Creek
3b. Water Resources Classification of nearest receiving water:
WS-IV: NSW
3c. What river basins) is your project located it *
Cape Fear
State / Province / Region
NC
Country
USA
2f. Fax Number
State / Province / Region
NC
Country
USA
4e. Fax Number
2b. Property size:
466
State / Province / Region
Country

3d. Please provide the 12-digit HUC in which the project is located.
030300020302;030300020303
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 proposed West River Solar Site occupies portions of six individual property parcels totaling approximately 466 acres along Mt. Hope Church Road, between Stewart Mill Road and
McConnell Road in Guilford County, NC. Land use in and within the vicinity of the Site is largely composed of agricultural and silvicultural land, and undeveloped riparian corridors
scattered with single-family residential properties. Unimproved farm roads are present throughout the Site and an overhead utility line and easement transect the center of the Site.
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:
37.07
4g. List the total estimated linear feet of all existing streams on the property:
25,154
4h. Explain the purpose of the proposed project:*
The purpose of the proposed Project is to construct a Solar Photovoltaic (PV) Generation Facility between Stewart Mill Road and McConnell Road 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 project proposes to construct a Solar Photovoltaic (PV) Generation Facility that includes the installation of solar arrays, the construction of several access roads that transact the Site,
and the construction of a substation. The project proposes to cross three jurisdictional streams with permanent interior roads to provide the necessary access throughout the Site. Typical
site development and construction equipment will be utilized including dump trucks, graders, bulldozers, excavators, and concrete trucks.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?
Yes No O Unknown
Comments:
Pilot Environmental, Inc. delineated the Site in 2017, 2019, and 2021, and identified a total of 37.07
acres of wetlands and 25,154 linear feet of streams.
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-2017-01527
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company: Pilot Environmental, Inc.
Other:
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 Mr. David Bailey of the US Army Corps of Engineers (USACE) on February 8, 2018 and revised to include additional
properties on August 6, 2019, and again on October 1, 2021 (SAW-2017-01527). Additionally, a Buffer Determination Letter for the Site was issued by Guilford County, as the delegated
local government within the Jordan Lake Watershed.
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?
The proposed project is a single and complete undertaking with no future phases or plans.
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries Buffers
Open Waters Pond Construction
3. Stream Impacts
F
3a. Reason for impact (?) 3b.lmpact type* 3c. Type of impact* 3d. S. name* 3e. Stream Type* 3f. Type of 3g. S. width 3h. Impact
?) Jurisdiction* length*
o1

S1
Site 1 - Roadway
Permanent
Culvert
Stream S2
Perennial
Both
24
Average (feet)
(linear feet)
S2
Site 1 - InletfOutlet Protection
Permanent
Bank Stabilization
Stream S2
Perennial
Both
57
(P-NNL)
Averege (feet)
(linear feet)
S3
Site 1 - Construction Access
Temporary
Other
Stream S2
Perennial
Both
59
Average (feet)
(linear feet)
S4
Site 2 - Roadway
Permanent
Culvert
Stream SZ
Perennial
Both
29
Average (feet)
(linear feet)
S5
Site 2 - Inlet/Outlet Protection
Permanent
Bank Stabilization
Stream SZ
Perennial
Both
54
(P-NNL)
Averege (feet)
(linear feet)
S6
Site 2 - Construction Access
Temporary
Other
Stream SZ
Perennial
Both
64
Average (feet)
(linear feet)
g7
Site 3 - Roadway
Permanent
Culvert
Stream SC
Perennial
Both
90
Averege (feet)
(linear feet)
gg
Site 3 - Construction Access
Temporary
Other
Stream SC
Perennial
Both
5
49
Average (feet)
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
3i. Total permanent stream impacts:
254
3i. Total stream and ditch impacts:
426
3i. Total temporary stream impacts:
172
3j. Comments:
Unavoidable impacts to jurisdictional streams will result from the proposed permanent road crossings constructed to facilitate access to the solar arrays
and substation throughout the solar facility.
Permanent impacts to stream S2 at Impact Site 1 (24 LF; 0.002 ac.), stream SZ at Impact Site 2 (29 LF; 0.003 ac.), and stream SC at Impact Site 3 (90
LF; 0.010 ac.) are proposed as a result of the culvert installation, headwalls, and permanent grading associated with the access road crossings.
Permanent stream impacts resulting in no net loss of waters to stream S2 at Impact Site 1 (57 LF; 0.005 ac.) and stream SZ at Impact Site 2 (54 LF;
0.006 ac.) are proposed as a result of the installation of riprap dissipater pads for culvert inlet/outlet protection designed to NCDOT standards that will be
keyed into the stream bed/banks.
To allow for construction access and installation of the culvert and riprap, temporary impacts are proposed to stream S2 at Impact Site 1 (59 LF; 0.006
ac.), stream SZ at Impact Site 2 (64 LF; 0.007 ac.), and stream SC at Impact Site 3 (49 LF; 0.006 ac.). Streams S2, SZ, and SC will be temporarily
diverted with the use of a pump -around system to allow for work in the dry. All temporarily disturbed areas will be returned to pre -construction contours
after completion of the project.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Impacts to wetlands within the Project have been avoided entirely and impacts to the streams and riparian buffers have been minimized to the greatest
extent practicable through intentional layout and design. The proposed solar arrays and substation have been situated entirely within upland areas and
will utilize existing roads to the extent practicable for access; however, three new road crossings will be necessary to facilitate access to the substation
and to provide connectivity throughout the proposed array layout. Impacts at the three proposed crossings were minimized by aligning the access road
crossing over the streams as close to perpendicular as possible. Additionally, the proposed culverts will be buried to allow for the movement of aquatic
species. Headwalls have been proposed to reduce culvert length and reduce stream impacts. Riprap at the culvert inlets and outlets at Sites 1 and 2 will
be installed to provide protection and stabilization, and will be keyed into the stream bed and banks to ensure no net loss of aquatic function.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Impacts to streams and wetlands within the project study area will be minimized to the extent practicable throughout the construction process by
avoiding these features with equipment, material staging, and access corridors whenever possible. Where feasible, staging and construction access
routes will be located in upland areas throughout the Site and silt fencing will be installed around the permitted limits of disturbance to reduce
downstream sedimentation and help ensure all equipment is located within the permitted areas. Sediment control measures will be used throughout
construction to reduce construction stormwater impacts to receiving waters and minimize runoff from the site.
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:
Compensatory mitigation has not been proposed as part of this application due to the minimal permanent stream impacts (<0.02 acre; <150 linear feet) that would result from the proposed
Project. Furthermore, the proposed riprap inletloutlet protection would be keyed into the stream bed and banks to provide long term stability of the crossings while not impairing aquatic
function or resulting in a loss of stream bed.
Note, proposed impacts to the Jordan Lake Buffer Zones resulting from the Project will be permitted through Guilford County as the delegated local government within the Jordan Lake
Watershed.
8

F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes No
What type of SCM are you providing?
Level Spreader
Vegetated Conveyance (lower SHWT)
Wetland Swale (higher SHWT)
Other SCM that removes minimum 30 % nitrogen
Proposed project will not create concentrated stormwater flow through the buffer
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?
Yes No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
Yes No
Comments:
The project is located in an unincorporated area in Guilford County. Per NCDWR Post -Construction Stormwater Permitting Map, the Stormwater authority falls to Guilford County. Any
necessary Stormwater Permits and Approvals will be secured prior to construction of the proposed project.
G. Supplementary Information
1. Environmental Documentation
1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?
Yes No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)? *
Yes No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?
Yes No
3b. If you answered "no," provide a short narrative description.
The proposed project is a single and complete action and is not anticipated to result in additional development in the area.
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 No Unknown
5e. Is this a DOT project located within Division's 1-8?
Yes No
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
O

5h. Does this project involve the construction/installation of a wind turbine(s)?*
Yes No
5L 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 March 13, 2023, the US Fish and Wildlife Service (USFWS) Information for Planning and Consulting (IPaC) tool lists two federally protected
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). Pilot Environmental, Inc. (Pilot) conducted site reconnaissance on May 1, 2017
and November 20, 2018. Pilot submitted a letter to the USFWS and received a response letter dated February 1, 2019 (see attached letter). The
response indicates that the USFWS concurs with Pilot's opinion that the proposed solar farm is not likely to adversely affect the bald eagle or small
whorled pagonia. Additionally, 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 or its vicinity. The NCNHP database records indicate that
there are no known occurrences of bald eagle or small whorled pagonia in or within 1.0 mile of the Project
Since the date of the USFWS letter, Schweinetz's sunflower has been listed by the USFWS as having potential to occur within the Project vicinity. A
review of the NCNHP records (updated January 2023) indicates no known individual occurrences of Schweinetz's sunflower in or within 1.0 mile of the
Project. Due to the lack of known occurrences in or within 1.0 mile of the Project, it is anticipated that the proposed project will not affect Schweinetz'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 March 8, 2023. No essential fish habitat was identified within the Project 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 March 13, 2023 identified no national
register, study list, or determined eligible sites within the Project or direct vicinity. Pilot Environmental, Inc. submittal an Environmental Review request to
NCSHPO in 2016. NCSHPO responded requesting a comprehensive archeological survey be conducted. The archeological survey report findings were
submitted to NCSHPO on August 3, 2019, and NCSHPO concurred with the findings and recommendations outlined in the report that no further
archeological work is necessary. NCSHPO requested corrections to the original report, which were addressed and provided back to NCSHPO in a final
updated archeological report.
Due to the lack of known NR, SL, and/or DOE historic sites or districts as indicated by the NCSHPO HPOWEB and the findings outlined in archeological
report within the Project, it is anticipated that the proposed project will have no impact on any cultural or historical 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?
The FEMA Digital Flood Insurance Rate Map (DFIRM) panels 3710880300J and 3710881300J (effective June 18, 2007) indicate there are 1 % Annual
Chance Flood Hazard Areas (Zone AE), 0.2 % Annual Chance Flood Hazard Areas, and FEMA-regulated floodways along Little Alamance Creek;
however, no improvements are proposed inside these FEMA-regulated flood zones.
Miscellaneous
V
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
01_WestRiver_PCN Cover Letter_rev.pdf
135.75KB
03a_WestRiverSolar_USACE_KHA_OPTIONEE_Agent Authorization Form.pdf
198.49KB
03b_WestRiverSolar_USACE_KHA_LEASEE_Agent Authorization Form.pdf
199.4KB
04_WestRiverSolar_Figures.pdf
2.33MB
05_WestRiverSolar_PermitlmpactDrawings.pdf
8.77MB
06a_WestRiverSolar_USACE PJD SAW-2017-01527_20180208.pdf
394.3KB
06b_WestRiverSolar_USACE PJD SAW-2017-01527_20190806.pdf
1.02MB
06c_WestRiverSolar_USACE PJD SAW-2017-01527_20211001.pdf
3.66MB
07_West River USFWS Resp Lett _02-01-19.pdf
1.87MB
08_2612.3_West River_SHPO Comments_09.10.19.pdf
105.38KB
09_WestRiverSolar_PlanSheets.pdf
7.51 MB
File must be PDF or KMZ
Comments
Please review the attached cover letter and documentation for additional project information.

Signature
0
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:
William Sullivan
Signature
%Uil ?-W 6ir//inir
Date
3/23/2023