20181148 Ver 3_ePCN Application_20230815

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:
6/26/2023
BIMS # Assigned
20181148
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Washington Regional Office - [phone]
Information for Initial Review
la. Name of project:
Kelford Solar
la. Who is the Primary Contact?
Derek Ivie
1b. Primary Contact Email:
[e-mail]
Date Submitted
8/15/2023
Nearest Body of Water
Cashie River
Basin
Roanoke
Water Classification
C;SW
Site Coordinates
Latitude:
Longitude:
36.152573
-77.213775
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Bertie
Is this a NCDMS Project
Yes No
Is this project a public transportation project?*
Yes No
Version#*
3
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Robert Tankard:[e-mail]
1c. Primary Contact Phone: *
[phone]
a

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:
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
39 - Commercial/Institutional Developments
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:
401 Water Quality Certification - Express
Riparian Buffer Authorization
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
1i. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
Yes No Unknown
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:
Price Solar, LLC
2b. Deed book and page no.:
2c. Contact Person:
Yes No
Yes No

2d. Address
Street Address
595 Summer Street
Address Line 2
4th Floor
city
Stamford
Postal / Zip Code
06901
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Kenny Habul
3b. Business Name:
SunEnergy1, LLC
3c. Address
Street Address
595 Summer Street
Address Line 2
4th Floor
city
Stamford
Postal / Zip Code
06901
3d. Telephone Number:
[phone]
3f. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Wes Fryar
4b. Business Name:
Davey Resource Group, Inc
4c.Address
Street Address
3805 Wrightsville Avenue
Address Line 2
Suite 15
city
Wilmington
Postal / Zip Code
28403
4d. Telephone Number:
[phone]
M. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Kelford
State / Province / Region
CT
Country
us
2f. Fax Number:
State / Province / Region
Connecticut
Country
us
3e. Fax Number:
State / Province / Region
NC
Country
us
4e. Fax Number:
8
2. Project Identification

2a. Property Identification Number:
5827-89-7569
2b. Property size:
292.88
2c. Project Address
Street Address
3656 Governors Road
Address Line 2
city
Kelford
Postal / Zip Code
27847
3. Surface Waters
3a. Name of the nearest body of water to proposed project:"
Cashie River
3b. Water Resources Classification of nearest receiving water:'
C;Sw
3c. What river basins) is your project located in?
Roanoke
3d. Please provide the 12-digit HUC in which the project is located.
030101070702
4. Project Description and History
State / Province / Region
NC
Country
US
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: "
Existing photovoltaic solar site.
Currently in the end stages of a wetland mitigation effort that began in 2015. 0.49 acres (titled Wetland Area 6) of the total restoration did not achieve acceptable survival rates for the
planted mitigation species.
Wetland Area 6, while not reaching the mitigation success criteria, has remained undisturbed throughout the restoration process. It is currently revegetated.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?
Yes No Unknown
If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000).
SAW-2015-00691 and DWR #18-1148
4f. List the total estimated acreage of all existing wetlands on the property:
66.77
4g. List the total estimated linear feet of all existing streams on the property:
N/A
4h. Explain the purpose of the proposed project:*
The purpose of the project is to address construction efforts, cited in the Notification of Unauthorized Activity - Permit Noncompliance received 04/09/2015 from USACE Wilmington
District, leading to the incidental stumping/grading of wetland areas. The grading was for the construction of the broader Kelford Solar project.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
At the time of the incidental wetland impacts, likely heavy equipment used for grading activities such as skid steers, excavators, dozers, etc. Equipment was used in site preparation for the
broader Kelford Solar project.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?
Yes No
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
SAW-2015-00691
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company: Keller Environmental
Other:
Q Unknown

5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
September 21 st, 2018 is the date listed on the documentation for the Corps Approved Jurisdictional Determination.
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
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries Buffers
Open Waters Pond Construction
2. Wetland Impacts
I1
0
2a1 Reason (?)
2b. Impact type * (?)
2c. Type of W. *
2d. W. name
2e. Forested *
2f. Type of Jurisdicition *
?)
�2g. Impact
area
Incidental grading
P
Unknown
__]
Wetla nd Area
Yes
Corps
0.490
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.490
2i. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
2g. Total Permanent Wetland Impact
0.490
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
N/A
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
N/A
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
Yes No
2c. If yes, mitigation is required by (check all that apply):
DWR Corps
2d. If yes, which mitigation option(s) will be used for this project?
Mitigation bank Payment to in -lieu fee program Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
Great Dismal Swamp Restoration bank
3b. Credits Purchased/Requested (attach receipt and letter)
Type: Quantity:
Riparian wetland 0.49
0
V

3c. Comments
An NCWAM form (attached) has been completed for Wetland Area 6, assessing wetland quality and identifying the wetland as a low -quality wetland. The
NCWAM form notes: "The area appears as a farm field in 1993 aerials and was allowed to revegetate sometime between 1993 and 1998. The ground
surface has been historically plowed and managed for subsidy crops which has contributed to compaction of the soils. The vegetative structure has been
altered over the years for crop production and recently for installation of a solar facility. Both surface and subsurface storage capacity have been
historically altered due to the area being surrounded on three sides by agricultural ditching. The area is relatively flat and does not have storage capacity
to pond water. The area is surrounded by farm fields and has very low connectivity to other natural wetland areas, however it is connected to a larger
wetland complex via shallow surface ditching. Artificial edges occur in all eight directions by farm fields, managed utility corridors, and a two-lane
highway. Vegetation composition is severely altered from reference conditions due to historic management of the area and only contains shrub and herb
layer components. No snags or large woody debris are present, and habitat opportunity is low."
Due to the past use and low assessed quality of Wetland Area 6, mitigation is proposed at a 1:1 mitigation credit ratio.
6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR
6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you must fill out this entire form - please contact DWR for more information.
Yes No
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
If no, explain why:
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:
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
2b Provide an explanation of the violation(s):
The project received a Letter of Unauthorized Activity - Permit Noncompliance on 04/09/2015 for the incidental grading of wetlands that took place
during construction. Remediation for the unauthorized activity is in its final stages.
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.
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
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
5h. Does this project involve the construction/installation of a wind turbine(s)?`
Yes No
Unknown
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?
N/A
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?
No future impacts planned
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?
N/A
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?
FEMA NFHL V3.2
Miscellaneous
O
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
202207_Kelford_Baseline Monitoring Report_2022.pdf
5.05MB
Kelford Solar Restoration Project_ Baseline Monitoring Report.pdf
7.73MB
Approved Restoration Plan.pdf
804.64KB
SAW-2015-00691 Kelford Solar NWP 46 (002).pdf
146.42KB
401 Certification Afterthefact_401_Approval _20180907 _201.._.pdf
6.93MB
Kelford Wetland-StreamCombinedReport4-24-15.pdf
5.03MB
Kelford-Impact Map.pdf
101.56KB
Plot 2_NCWAM.pdf
347.04KB
File must be PDF or KMZ
Comments
A on -site meeting with Robert Tankard was conducted on 6/26/23. Additionally, an after the fact PCN submittal for Wetland Area 6 was discussed during this time, as well as in previous
correspondence surrounding Unauthorized Activity resolutions.
Signature O
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:
Nicholas Tillson
Signature
QlAM
Date
8/15/2023