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HomeMy WebLinkAbout20150854 Ver 1_401 Application_2015081520150854 of ware � o`' pG Office Use Only: t ' Corps action ID no. r. a < i DWQ project no. `s 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 ❑Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: NWP 39 or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? ® Yes ❑ No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record For the record only for DWQ 401 For the record only for Corps Permit: because written approval is not required? Certification: ❑ Yes ® No ❑ Yes ® No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation ❑ Yes ® No of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 In ❑ Yes ® No below. 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information {a,:ai F_. / 2a. Name of project: Haywood Solar Farm IC I 2b. County: Montgomery u u� IIull c /U15 2c. Nearest municipality / town: Troy 4 I 1 I 2d. Subdivision name: 1 �ENR MATER R1z7,rii —J 2e. NCDOT only, T.I.P. or state �v�rtK FERMtTTING project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Haywood 3b. Deed Book and Page No. not provided on GIS website 3c. Responsible Party (for LLC if applicable): 3d. Street address: 992 Pekin Road 3e. City, state, zip: Troy NC, 27371 3f. Telephone no.: 910.975.3244 3g. Fax no.: 3h. Email address: chris.goforth.dhhs.nc.gov Page 1 of 11 PCN Form — Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ® Other, specify: Developer 4b. Name: Mr. Mattew McGovern. 4c. Business name (if applicable): Haywood Farm Solar, LLC 4d. Street address: 3250 Ocean Park Boulevard 4e. City, state, zip: Santa Monica CA, 90405 4f. Telephone no.: 4g. Fax no.: 4h. Email address: conchilla @ccrenew.com 5. Agent/Consultant Information (if applicable) 5a. Name: Bradley S. Luckey 5b. Business name (if applicable): Pilot Environmental Inc. 5c. Street address: PO Box 128 5d. City, state, zip: Kernersville, NC 27285 5e. Telephone no.: 336.708.4997 5f. Fax no.: 5g. Email address: bluckey @pilotenviro.com Page 2 of 11 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): 1 b. Site coordinates (in decimal degrees): 1 c. Property size: 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to proposed project: 2b. Water Quality Classification of nearest receiving water: 2c. River basin: 3. Project Description 7538 -17 -10 -4140 Latitude: 35.33952 (DD DDDDDD) 70 acres Warner Creek Class C Yadkin Longitude: - 79.90070 (- DD.DDDDDD) 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The site contains undeveloped wooded land and pastureland. Structures are not located on the site. The site is located in a residential /rural area of Troy. 3b. List the total estimated acreage of all existing wetlands on the property: 2.56 acres 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: streams = 6,079', open waters (pond) =0.10 acres 3d. Explain the purpose of the proposed project: The purpose of the proposed project is to provide access and interconnection during development and long term maintenance of the site as a solar farm. 3e. Describe the overall project in detail, including the type of equipment to be used: The overall project consists of development (if the site with a proposed solar farm. In order to provide access and interconnection of the site, access roads and a stream crossing are necessary. To faciltate development of the site and construction of the proposed stream crossing, clearing and grading the site is necessary. Graders, haulers, excavators and other heavy equipment will be used during site construction. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? Yes [:1 No El Unknown Comments: SAW- 2014 - 002040 4b. If the Corps made the jurisdictional determination, what type ❑ Preliminary ® Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency /Consultant Company: Pilot Enviromental, Inc. Name (if known): Bradley Luckey /David Brame Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. USACE JD= 2/2/15 for 45 acre portion of site. USACE site visit = 7/8/15 for 25 acre portion of site (JD not yet issued). 5. Project History 5a. Have permits or certifications been requested or obtained for ❑ Yes ® No ❑ Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. Page 3 of 11 PCN Form — Version 1.3 December 10, 2008 Version 6. Future Project Plans 6a. Is this a phased project? I El Yes ® No 6b. If yes, explain. The project is not part of a phased project. Impacts to streams /wetlands, outside of those proposed in this appilication, are not anticipated as a result of the proposed project. Page 4 of 11 PCN Form — Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply). ® Wetlands ® Streams - tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number — Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ — non -404, other) (acres) Temporary (T) W1 ®P ®T Fill Bottomland ® Yes Hardwood ❑ No ® Corps 0.02/0.01 ® DWQ W2 ❑ P ❑ T ❑ Yes ❑ Corps 3. Stream Impacts ❑ No ❑ DWQ W3 ❑ P ❑ T ❑ Yes ❑ Corps 3c. 3d. 3e. 3f. 3g• ❑ No ❑ DWQ W4 ❑ P ❑ T ❑ Yes ❑ No ❑ Corps ❑ DWQ W5 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W6 ❑ P ❑ T ❑ Yes ❑ Corps, ❑ Corps ❑ No ❑ DWQ 2g. Total wetland impacts 0.02/0.01 2h. Comments: The stream crossing will unavoidably permanently impact a cumulative total of 0.02 acres of wetlands and temporarily impact 0.01 acres of wetlands. Temporary wetland impacts will be restored to similar pre- construction conditions. 3. Stream Impacts ® DWQ If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. ❑ PER 3a. 3b. 3c. 3d. 3e. 3f. 3g• Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ — non -404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ®P ®T Culvert/Pump Unnamed ® PER ® Corps 3 99/12 Around ❑ INT ® DWQ S2 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S3 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S4 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S5 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S6 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ 3h. Total stream and tributary impacts 99/12 3i. Comments: The proposed stream crossings will permanetly impact a total of 99 linear feet of stream channel and temporarily impact 12 linear feet of stream channel with the assoicated pump around. Areas of temporary impact will be restored to similar pre- construction conditions. Page 5 of 11 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 03 ❑P ❑T 04 ❑P FIT 4f. Total open water impacts 4g. Comments: Open water impacts are not proposed. 5. Pond or Lake Construction If pond or ake construction proposed, the i complete the chart below. 5a. 5b. 5c. 5d. Wetland Impacts (acres) Stream Impacts (feet) Pond ID Proposed use or purpose number of pond Flooded Filled Excavated Flooded Filled Excavated P1 P2 5f. Total 5g. Comments: Construction of ponds /lakes are not proposed. 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 5e. Upland (acres) Flooded 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. ❑ Neuse El Tar-Pamlico ®Other: Yadkin Project is in which protected basin? ❑ Catawba ❑ Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number - Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary (T) impact required? B1 ❑P ❑T F-1 Yes ❑ No B2 ❑P ❑T F-1 Yes ❑ No B3 ❑P ❑T ❑Yes ❑ No 6h. Total buffer impacts 6i. Comments: The site is located within the Yadkin Pee -Dee River Basin. Buffer impacts are not proposed. Page 6 of 11 PCN Form - Version 1.3 December 10, 2008 Version D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Due to the development and use of the site as a solar farm, access roads must be constructed to provide interconnection to the site during construction and long term maintenance of the site as a solar farm. Several designs have been evaluated to minimize impacts to aquatic resources located on the site. Initial designs include two stream /wetland crossings to access the eastern portion of the site. However, the second crossing has been avoided due to utilizing other upland portions of the site for array layout, thus, avoiding additional impacts to streams and wetlands. Additionally, site access crossed a wetland pocket on the northern portion of the site. However, the crossing has been shifted to the south and east from initial designs and the road narrowed to avoid impact to the wetland pocket on the northern portion of the site. The proposed design allows for access to the northern, western and southwestern portions of the site by crossing non - jurisdictional features instead of impacting up or down - gradient streams and /or wetlands; therefore, further reducing cumulative impacts to streams and wetlands. The solar array and necessary infrastructure (overhead /underground voltage lines, inverters, etc.) have been designed to avoid impacts to jurisdictional streams, wetlands and ponds, with the exception of impact to a 0.09 acre isolated (non 404) wetland. There are approximately 2.58 acres of wetlands, 6,079 feet of stream channel and a 0.10 acre jurisdictional pond located on the site. The pond and remaining 5,980 linear feet of stream channel and 2.56 acres of wetlands are being avoided 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. The clearing limits will be staked and silt fence will be used. A temporary coffer dam will be installed upgradient of the proposed culvert. During construction, water will be pumped around the construction footprint. Appropriate stream bank protection will be provided in the channel during construction and all excess excavated material will be immediately removed from the stream bank crossing area. Upon completion of the culvert installation, the temporary sand bag coffer dams will be removed and flow will be diverted through the culvert. Following construction, disturbed banks and areas of tempoary impact to wetlands will be restored to similar pre- construction conditions, matted and seeded /live staked. 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? 2b. If yes, mitigation is required by (check all that apply) 2c. If yes, which mitigation option will be used for this project? 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) ❑ Yes ® No ❑ DWQ ❑ Corps ❑ Mitigation bank ❑ Payment to in -lieu fee program ❑ Permittee Responsible Mitigation Type I Quantity Page 7 of 11 PCN Form — Version 1.3 December 10, 2008 Version 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. 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: Page 8 of 11 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: Diffuse flow is not required or proposed. 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 2% 2b. Does this project require a Stormwater Management Plan? ❑ Yes ® No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: Based on the % impervious, a stormwater management plan is not requried. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: 2e. Who will be responsible for the review of the Stormwater Management Plan? 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? 3b. Which of the following locally - implemented stormwater management programs apply (check all that apply): 3c. Has the approved Stormwater Management Plan with proof of approval been attached? 4. DWQ Stormwater Program Review 4a. Which of the following state - implemented stormwater management programs apply (check all that apply): 4b. Has the approved Stormwater Management Plan with proof of approval been attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? 5b. Have all of the 401 Unit submittal requirements been met? ❑ Certified Local Government ❑ DWQ Stormwater Program ❑ DWQ 401 Unit ❑ Phase II ❑ NSW ❑ USMP ❑ Water Supply Watershed ❑ Other: ❑ Yes ❑ No ❑ Coastal counties ❑ HQW ❑ ORW ❑ Session Law 2006 -246 ❑ Other: ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No Page 9 of 11 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)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) ❑ Yes ® No Comments: A NEPA or SEPA is not required as part of this project. 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after - the -fact permit application? ❑ Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. We are not aware of additional development that will impact nearby downstream water quality. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non- discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Wastewater will not be generated by the proposed project. Page 10 of 11 PCN Form — Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑ Yes ® No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ® Yes ❑ No impacts? ® Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ❑ Asheville - 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? USFWS Coorespondance Attached 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? I ❑ Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? Based on our knowledge of the site, the site is not located in or near an area designated as essential fish habitat. Best management practices and the use of temporary sediment and erosion control devices will prevent sediment from entering down - gradient waterbodies which may contain fish. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ® No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? SHPO reviewed the proposed project as part of a state clearinghouse review of the project. (the SHPO Letter dated 8/20/14 is attached) 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA- designated 100 -year floodplain? ❑ Yes ® No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? FEMA FIRMs (Drawing 4- attached) f Digitally signed by Bradley Luckey DN: cn= Bradley S. Luckey, o =Pilot __ c Environmental, Inc, ou, Bradley S. Luckey / r� "i" email= bluckey @pilotenwro com, 8.18.15 — "c =US -- Date. 2015.08.1915:50:01 - 04'00' Applicant/Agent's Printed Name Hppnuaiiiamyent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant Is provided.) Page l 1 of 11 PCN Form — Version 1.3 December 10, 2008 Version If 71 f )jA V PROP S PO cj� P i ASr f P .4 PR' JURISDICTIONAL' &OIJ AAII'OA?c ,0'4f?Y k/OrSo'k1MA lb, �ot L Rojtc� I INTERMITTENT SOON )/J// D,4RY 1 wp, Ropts. STREAM (TYP.) Rry Z\'_ ------- NON-JURISDICTIONAL P It 'o HYDROLOGIC 80 = CONNECTION t I A (TYP ON-JURISDIC POND A 77-, o xv 'I ' !Iji'� ' - / /'' �i //%61 \ / . lI -lKl KI_A0A / i"r,)iczrwTI KIAI li­ - A ISOLATED WETLAND IMPACT #2- SEE EXHIBIT #3r, v,� I JURISDICTIONAL.\ WETLANDS (TYP) JURISDICTIONAL-` PERENNIAL STREAM (TYP.) `7 X -�x 6 :510- I'l'-A URISDICTIONAL fill NON- JURISDICTIONAL POND, HYDROLOGIC CONNECTION ,VZ !'I, Y) A 'jl�l!r�', JURISDICTIONA '§TRE'A'M 0 L IMPACT #1 /WETLAND IMPACT #1 !PROPOSED CULVERT- SEE 0 EXHIBIT #2", 07 p 4% JURISDICTIONAL f--------- -- INTERMITTENT STREAM (TYP.), /per a oi� -7 t /,Pu, , v JI w If v\x,, 000 L a ld--:�550- �Z�_ �z= 0, x C6 0- VICINITY MAP SCALE: N.T.S. LEGEND: / JURISDICTIONAL PERENNIAL STREAM r-1 C3 CM /0 / , (, ' I JURISDICTIONAL INTERMITTENT STREAM 1 111,E ', 1''. 1"I' NON-JURISDICTIONAL HYDROLOGIC CONNECTION ---------- z PROJECT LIMITS (APROX.) ® — — — I. > 0 0 0 WETLANDS m;o L4 OVERALL SITE PLAN SCALE: 1" = 300' 0 150 300 GRAPHIC SCALE ( 1N FEET ) ........... CYPRESSUEEK RENEWABLES 21- w 0 Lu V 11 AYWOOD SOLAR FARINI PROJECT V) D CAPO TOTALWATFRSOF-Tift US [,NjpACj' SUNI.NTARv. 1JUMISDICTIONALS2REAM IMPACT:- x z Vss 0 TO U&4CFJD1 R DISTURBANCE ui > >: RENIXRKS 1, act) c CLASSIFICATION DURATION PROPOSFD(LF) PROPOSED (SF) PROPOSVP Q9— C) S1.1 pervinthil Pcnimircrtt 99.0 297-0 1 0.0065 E.,J uW 2 0 3 TOTAL sTREAM Teimmar• Pentruineut 12.0 Wo 2970 0.0076 z jq3 84 111PAC1:1 femPerary 17.0� 6.00 >. L IVCIN6. CC ; ;oc _0! Lu c JURISDICTIONAL WETLANDS IMPACT, LU cli -4 r c� TO DWR CLASSIFICATION DISTURBANCE DURATION PRO POSED (1.1-1 PROPOSEMSF1 PROPOSF4 4 k0 REMARKS 0 N R. W1 c I Juris(ktional Penimmill NiA 9P.0 O.VW BA it �2 rcliq,, ry .J 205.0 wl =2 Isobted petnumiclu NIA 37-12.5 0.0859 rWlllln Yi co) L Tenq,aary N11A. 0.0 0.0000 "TOTAL WETLANDS C) 0: lPerM20etll Nit. 4674.5 0.1073 V) IMPACT: Temporar• N/A 205.0 0.0047 77-, o xv 'I ' !Iji'� ' - / /'' �i //%61 \ / . lI -lKl KI_A0A / i"r,)iczrwTI KIAI li­ - A ISOLATED WETLAND IMPACT #2- SEE EXHIBIT #3r, v,� I JURISDICTIONAL.\ WETLANDS (TYP) JURISDICTIONAL-` PERENNIAL STREAM (TYP.) `7 X -�x 6 :510- I'l'-A URISDICTIONAL fill NON- JURISDICTIONAL POND, HYDROLOGIC CONNECTION ,VZ !'I, Y) A 'jl�l!r�', JURISDICTIONA '§TRE'A'M 0 L IMPACT #1 /WETLAND IMPACT #1 !PROPOSED CULVERT- SEE 0 EXHIBIT #2", 07 p 4% JURISDICTIONAL f--------- -- INTERMITTENT STREAM (TYP.), /per a oi� -7 t /,Pu, , v JI w If v\x,, 000 L a ld--:�550- �Z�_ �z= 0, x C6 0- VICINITY MAP SCALE: N.T.S. LEGEND: / JURISDICTIONAL PERENNIAL STREAM r-1 C3 CM /0 / , (, ' I JURISDICTIONAL INTERMITTENT STREAM 1 111,E ', 1''. 1"I' NON-JURISDICTIONAL HYDROLOGIC CONNECTION ---------- z PROJECT LIMITS (APROX.) ® — — — I. > 0 0 0 WETLANDS m;o L4 OVERALL SITE PLAN SCALE: 1" = 300' 0 150 300 GRAPHIC SCALE ( 1N FEET ) ........... CYPRESSUEEK RENEWABLES 21- w 0 Lu V V) D > 0 0 0 WETLANDS m;o L4 OVERALL SITE PLAN SCALE: 1" = 300' 0 150 300 GRAPHIC SCALE ( 1N FEET ) ........... CYPRESSUEEK RENEWABLES WO Ln p R Fo- m D — C14 n z BALLENTINE ASSOCIATES, PA = MOMMCE ROAD. CHAPEL HILL, N.C. 27514 (919) 929 - 0481 (919) 489 - 4789 SCALE: AS NOTED DATE: 22 JUL 15 JOB NUMBER: 114056.07 DRAWN BY' F.M.E./W.R.B. REVIEWED BY: A.R.S. EXHIBIT 1 .�l 21- w 0 Lu V V) D x z z ui > >: act) c cc C) 0 c cp L Lu 0 0 3 3 tiiiiiiii z z > >. L LU C CC ; ;oc z L Lu c LU cli -4 r r- 00 Lu .J 0 Yi co) L LLj C) 0 0 0 Z) (.) C C) 0: V) m D — C14 n z BALLENTINE ASSOCIATES, PA = MOMMCE ROAD. CHAPEL HILL, N.C. 27514 (919) 929 - 0481 (919) 489 - 4789 SCALE: AS NOTED DATE: 22 JUL 15 JOB NUMBER: 114056.07 DRAWN BY' F.M.E./W.R.B. REVIEWED BY: A.R.S. EXHIBIT 1 .�l EXHIBIT 1 .�l Y Z f a o, In N ru 3 v a k L U) ♦ � Ml :a_ \ JURISDICTIONAL _ ________ �_ V WETLANDS (HATCHED) STREAM TOP OF ! KEY RIP AP APRON I TO STREAM BANK (TYP.) x.� ? y to BED TO MATCH EXISTING GRADE. j C1,ASS "A" 11'L ,X 5'W x 1k2 "THICK. PROPOSED SILT:ti, FENCE (TYP.) PROPOSED, 16' SOIL DRIVE 539.5' I E ( -SF SF �T TEMPORARY COFFER DAM\ 4 LF. _t'� ?;�yi,,Ill�w€ Iii{ ; $ - �- �� WITH PUMP AROUND t ` : i i 1539.3 l 113 t`• (SEE EXHIBIT #4) 10 LF. yJURISDICTIONAL r`` \ PERENNIAL STREAM ;` PERMANENT JURISDICTIONAL !` •7� 6O; APPROXIMATELY 3 WIDE 'F � \`-w y WETLAND DISTURBANCE \ \ tits °'' r •� ` 3 w y. y w w /r (HATCHED AREA) �° \ PERMANENT JURISDICTIONAL I STREAM DISTURBANCE y ,, y y y (SHADED AREA)- ---542- W w w - -- — 544 --� PROPOSED 24" HDPE CULVERT 60 LF ® ±3.6% rs' WITH INVERTS PLACED 6" _. ` ��(` r {_"°' , T`� 70E _ BELOW EXISTING GRADE JURISDICTIONAL PERENNIAL STREAM IMPACT 62 AND WIMAND 0 DISTURBANCE SCALE: 1" = 20' JURISDICTIONAL STREAM IMPACT SUMMARY: LENGTH OF JURISDICTIONAL STREAM D_ IST_URBED: PERMANENT = 99.0 FT. CAR,i� SCALE: TEMPORARY = 12.0 FT. DATE: 22 JUL 15 AREA OF JURISDICTIONAL STREAM DISTURBED (STRE M f3' WI•D)- z z a a PERMANENT = 297.0 SF. (0.007 AC.) REVIEWED BY: oD � TEMPORARY = 36.0 SF. (0.0008 AC.) T15� �\\� JURISDICTIONAL WETLAND IMPACT SUMMARY: 0 10 20 AREA OF JURISDICTIONAL WETLANDS DISTURBED (,VARIABLE WIDTH)_ PERMANENT = 932.0 SF. (0.02 AC.) GRAPHIC SCALE TEMPORARY = 205.0 SF. (0.005 AC.) ( IN FEET ) 18" MIN COVER FINISHED %"24 HDPE GRADE / EXISTING GRADE TOE OF BANK CULVERT TO BE PLACED' 6" BELOW THE EXISTING STREAM ELEVATION. CROSSING SECTION A -A SCALE: N.T.S. NOTES: 1. JURISDICTIONAL STREAM AND WETLAND DELINEATION PROVIDED BY PILOT ENVIRONMENTAL INC. 2. DISTURBANCE AT THE JURISDICTIONAL STREAM AND WETLAND CROSSING SHALL BE MINIMIZED TO THE EXTENT PRACTICABLE FOR INSTALLATION OF THE CULVERT. 3. ALL CONSTRUCTION SHALL BE CONDUCTED IN ACCORDANCE WITH NCDENR STANDARDS. 4. ALL TEMPORARY EROSION CONTROL MEASURES SHALL BE MAINTAINED IN PROPER WORKING CONDITION THROUGHOUT CONSTRUCTION. 5. INSTALL TEMPORARY SILT FENCE STONE OUTLETS AT LOW POINTS IN SILT FENCE AS NECESSARY. 6. ADDITIONAL EROSION CONTROL MEASURES AND /OR MODIFICATIONS TO PROPOSED MEASURES MAY BE NECESSARY BASED UPON ACTUAL SITE CONDITIONS. cco CYPRESS CREEK RENEWABLES t CAR,i� SCALE: ES S / p DATE: 22 JUL 15 JOB NUMBER: 114056.07 DRAWN BY: .. - REVIEWED BY: G.J.R. T15� �\\� Q 0 ca x x lu B., 0 w L i� a, v`w Zr z Cl U v 0 ic 5 cc co) z l ® o Z = W mj z N�� 4c o CC Z 0 0 cC cc U U U ® Ln R00 r 04 M z BALLENTINE ASSOCIATES, PA 221 PRONDOM ROAD. (919) 929 - 0/81 CHAPEL H0..• N.0. 27514 (919) 469 - 4789 SCALE: AS NOTED DATE: 22 JUL 15 JOB NUMBER: 114056.07 DRAWN BY: S.R.M. REVIEWED BY: G.J.R. EXHIBIT 2 0 GIN NR- 7_1 ... .... ...... .. . .. ... ............ L x ............ .... .... ....... .. ...... ul ... .... ... /NON-JURISDICTIONAL .......... ...... W Lu V) POND Ln ... .......... ...... . .. .... ...... ......... ... .... ......... Z .......... IMPACTED NON-404/ co) JURISDICTIONAL ISOLATED WETLAND (HATCHED AREA)- TO BE FILLED Cc . ......... ..... .. .... NOTES: cc cc ca 1. ISOLATED WETLAND DELINEATION PROVIDED BY PILOT ENVIRONMENTAL Z o W 7 f 1 j < = 5 INC. 04 2, DISTURBANCE AT THE ISOLATED WETLAND CROSSING SHALL BE If) x uj z I i f MINIMIZED TO THE EXTENT PRACTICABLE FOR THE GRADING REQUIRED TO FILL THE ISOLATED WETLAND AND ADJACENT PONDED AREA AS 0 Z SHOWN. 0 3. ALL CONSTRUCTION SHALL BE CONDUCTED IN ACCORDANCE WITH j 0 NCDENR STANDARDS. 0 cc ca La 4. ALL TEMPORARY EROSION CONTROL MEASURES SHALL BE MAINTAINED L) 0 0 IN PROPER WORKING CONDITION THROUGHOUT CONSTRUCTION. V) 0 0 .7 5. INSTALL TEMPORARY SILT FENCE STONE OUTLETS AT LOW POINTS IN U) SILT FENCE AS NECESSARY. 6. ALL CUT/FILL SLOPES SHALL BE SEEDED AND STRAWED WITHIN 7 DAYS FOLLOWING CONSTRUCTION. 7. ADDITIONAL EROSION CONTROL MEASURES AND/OR MODIFICATIONS TO 04 n PROPOSED MEASURES MAY BE NECESSARY BASED UPON ACTUAL SITE z CONDITIONS. MM-404/4URISDICTIONAL ISOLATED WETLAM MATERS OF THE STATE) IMPACT •2 DISTURBANCE BALLENTINE SCALE: 1" = 40' ASSOCIATES, PA zz 221 PROVOENCE ROAD. CHAPEL HIL N.C. 27514 0 (919) 929 -0481 (919) 489 - 4M C) 0 0 D I'M SCALE: AS NOTED 0 ISOLATED NON-404 ' /JURISDICTIONALWETLAND E5 DATE: 22 JUL 15 IMPACT 5WMARY: 1"zz;aax_, JOB NUMBER: 114056.07 10 20 DRAWN BY' S.R.M. AREA, OF ISOLATED WETLAND (WATERS OF THE STAB) DISTURBED: 10 REVIEWED BY: G.J.R. PERMANENT = 3742.5 SF. (0.09 AC-) cco TEMPORARY = 0.0 SF. (0.00 AC.) G RAPMC IN FM SCAIX C Y P R E S S C R E E K EXHIBIT R E N E W A 8 L E S 3 (12" to 18" (k:ep work area -1 2' dia.) pumps should discharge lenyllr not to exceed onto a stable velocity that which can Ix, dissipator made of rip rap completed in one day ursandbags SECTION A A inrpervkus sheeting C7 base flow + i foul work amaa Zj - (2 foot minimum) moss section of sandbag dike PUMP AROUND DETAIL NOT-E$, 1 PUMP AROUND DIKES SHALL NOT BE SET OUTSIDE OF THE DISTUREBED/IMPACT LIMIT S SHOWN ON THE PLANS 2 INSTALL. PUMP - AROUND DIVERISON AND DEWATER THE CONSTRUCTION ZONE THROUGH I "HE DEWATERING DEVICE THE CONTRACTOR SHALL STAGE THE LIMITS OF THE PUMP - AROUND FLOW DIVERSION TO DEWATER ONLY THAT SECTION SCHEDULED FOR THAT DAY'S WORK AT THE END OF EACH WORK DAY. THE WORK AREA SHALL BE S'IABiIJLE_D,1 HE PUMP AROUND PRACTICE REMOVED, AND THE FLOW RESTORED TO THE CHANNEL. WORK SHALL BE COMPLETED ONLY DURING FORECAST PERIODS OF DRY WEATHER SE( -TION AA 1.5 it f (0.45 m) 4j�. ;_�,. 2A 'ti i (H_V) sfsi' :tjt filter fabric 4 to 6-in (10 to 15 cm) riprap SECTION B• •B 2 to 3 it (0.6 to 0.9 - -m) rebar or stakes for straw bales 6 Inches (15 cm) f 3 -ft (0.9 -rr _ Y _ + k 1 minimum 4 -in (10 -cm) [ ndnimum depth DEWATERING BASIN DETAIL STREAM RESTORATION NOTES: 1. RESTORE ANY TEMPORARY DISTURBANCE TO THE STREAM TO ITS PRE - CONSTRUCTION STATE. 2. PLANTS USED IN THE RESTORATION SHALL BE OF A NATIVE SPECIES SIMILAR TO THE PLANTS SURROUNDING THE DISTURBED AREA. cce CYPRESS CREEK RENEWABLES J / PLAN VIEW DATE: 22 JUL 15 JOB NUMBER: i, �Cf NE���•s;2` y1 • �� PLAN VIEW a G.J.R. D bale dike or be im al proved Z `straw dewaterinh device W I �. (U 4 m) o � W� stream 6-It (1.8 ill) } diversion pumps minimum �-Z cc cal I T ...,. >- W W_J Z v oR i f W J Z `fir•^ discharge hoses i P irdakc fi -ft O..R -rN ' �0 P 1 dewatering hump •) 11 0 Iron minimum U U • � A fir, , A �! t; I A- 14 3 $ co Ic • f,l intakr: hutie flow �l •R117V1`S`' N M Z sediment dike l dike t �. cean water e _ sump irola rt� �. Stone outlet -or puul structure (12" to 18" (k:ep work area -1 2' dia.) pumps should discharge lenyllr not to exceed onto a stable velocity that which can Ix, dissipator made of rip rap completed in one day ursandbags SECTION A A inrpervkus sheeting C7 base flow + i foul work amaa Zj - (2 foot minimum) moss section of sandbag dike PUMP AROUND DETAIL NOT-E$, 1 PUMP AROUND DIKES SHALL NOT BE SET OUTSIDE OF THE DISTUREBED/IMPACT LIMIT S SHOWN ON THE PLANS 2 INSTALL. PUMP - AROUND DIVERISON AND DEWATER THE CONSTRUCTION ZONE THROUGH I "HE DEWATERING DEVICE THE CONTRACTOR SHALL STAGE THE LIMITS OF THE PUMP - AROUND FLOW DIVERSION TO DEWATER ONLY THAT SECTION SCHEDULED FOR THAT DAY'S WORK AT THE END OF EACH WORK DAY. THE WORK AREA SHALL BE S'IABiIJLE_D,1 HE PUMP AROUND PRACTICE REMOVED, AND THE FLOW RESTORED TO THE CHANNEL. WORK SHALL BE COMPLETED ONLY DURING FORECAST PERIODS OF DRY WEATHER SE( -TION AA 1.5 it f (0.45 m) 4j�. ;_�,. 2A 'ti i (H_V) sfsi' :tjt filter fabric 4 to 6-in (10 to 15 cm) riprap SECTION B• •B 2 to 3 it (0.6 to 0.9 - -m) rebar or stakes for straw bales 6 Inches (15 cm) f 3 -ft (0.9 -rr _ Y _ + k 1 minimum 4 -in (10 -cm) [ ndnimum depth DEWATERING BASIN DETAIL STREAM RESTORATION NOTES: 1. RESTORE ANY TEMPORARY DISTURBANCE TO THE STREAM TO ITS PRE - CONSTRUCTION STATE. 2. PLANTS USED IN THE RESTORATION SHALL BE OF A NATIVE SPECIES SIMILAR TO THE PLANTS SURROUNDING THE DISTURBED AREA. cce CYPRESS CREEK RENEWABLES J / AS NOTED DATE: 22 JUL 15 JOB NUMBER: i, �Cf NE���•s;2` y1 • �� S.R.M. a G.J.R. D r_ Z x W o � W� cc Z acs 00 3 �-Z cc cal I T ...,. >- W W_J Z v oR i = W J Z `fir•^ 0C 4C 1 �0 O U U 'W Q 0 0 0 0 co Ic N M Z BALLENTINE ASSOCIATES% PA 2, PNMDMM RWA «Ir1 NU. IM 2711114 (n.) = - ow (919) AIN - 4M SCALE: AS NOTED DATE: 22 JUL 15 JOB NUMBER: 114056.07 DRAWN BY: S.R.M. REVIEWED BY: G.J.R. EXHIBIT 4 DocuSign Envelope ID: 8E1 18731-8131 4 -46EC- 8666- E543DFE073l38 Haywood Farm Solar, LLC AGENT AUTHORIZATION This form authorizes PEI to act as our agent in stream /wetland matters including U.S. Army Corps of Engineers and North Carolina Division of Water Resources field verification and permitting. Property Address: 992 Pekin Road Owner /Applicant Information: Name: Address: Troy, North Carolina 27371 Haywood Farm Solar, LLC 3250 Ocean Park Boulevard Suite 355 Santa Monica, CA 90405 Telephone Number: (310) 581 -6299 Fax Number: E -mail Address: conchiIla @ccrenew.com DocuSigned by: Signature: 8851623B15384E9 Date: 7/28/2015 From: Matthews. Kathrvn To: Brad Luckev Cc: Dale Suiter Subject: Haywood site Date: Monday, December 1, 2014 4:09:25 PM Hi Brad, With regards to the Haywood Solar site, you indicated in an email that the agricultural fields located on the site are utilized as cow pastures and fenced at the wooded line, or fenced within the wooded areas in some Instances. So, there are not any maintained grass- covered transition zones between the fields and wooded areas that would be considered suitable habitat. In this case, the Service agrees that the proposed project is not likely to adversely affect Schweinitz's sunflower. Thanks, and have a good week, Kathy Matthews Fish and Wildlife Biologist Raleigh Ecological Services U.S. Fish and Wildlife Service P.O. Box 33726 Raleigh, NC 27636 -3726 Phone 919 - 856 -4520 x27 Email kathrvn matthews4..fws.gov FWS.GOV /RALEIGH Facebook YouTube Flick United States Department of the Interior Mr. Brad Luckey Project Manager Pilot Environmental Inc. Ko. Box 128 Kernersville, NC 27285 FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 November 0. 2014 Sub ject: Haykvood Farm. Troy, Mont J gornery County t)car Mr. Luckey: This letter is in response to your November 4. 2014 request For assistance with an endangered species Survey for the Haywood Farm site, located at 992 Pekin Road, in Troy, North Carolina. The U.S. Fish and Wildlife Service (Service) has reviewed the maps and information provided for the proposed project. , Project Area'and Proposed Activities According the project site is a 45-acre, tract, located at 992 Pekin g to the submitted information, Road. Currently, the site consists of pastureland and wooded land. A solar array is proposed to be placed on the site; however, a proposed site development plan has not been provided. Federally Protected Species If your project contains suitable habitat for any of the fiederal ly- listed species known to be present within Montgomery County, the proposed action has the potential to adversely aff4ct that species. The Service has reviewed its Geographic Information System (GIS) database Isar recorded locations of federally listed threatencd and endangered species on or adjacent to the proposed project site, The GIS database is a compilation of data received from several sources. Federally- listed species that tire known to be present in the County include red-cockaded woodpecker (Picoicks borealis), smooth conefloxver (Eelfinocect laevigaia) and Schweinitz's sunflower (Helianthus schweinii-zii). In addition. the bald eagle (Hatiacelits leucocelihalus) is found in the county. Although no longer listed under the ESA, the bald eagle is protected under the Bald and Golden Eagle Protection Act (BGEPA) and Migratory Bird Treaty Act (MBTA). 2 Recommendations Our databases indicate that populations of Schwcinitz's sunflower are found within less than one mile of the site. The Set-vice recommends that appropriate portions of the entire project site be surveyed by qualified personnel for the presence of any Schweinitz*s sunflower habitat and/or individuals,. From the information submitted and from Google Farth, it appears that some edge habitat may be present on the site. Surveys for Schx,,,einitz's sunflo%,ver may to open or edge habitats, such as the edges of fields. Surveys should be conducted, as soon as possible, to identify Schv,,einitz7s sunflower before tiost events or cold snaps kill remaining individuals. o SchweinitZs sunflower is a,perennial that regularly grows approximately 6.5 feet 01) (2.0 meters-, m) tall (though it"c"an'be shorter if VOLIng or injured) and can occasionally reach heights of 16 ft (4.8 in). It has thickened roots that are used by the plant to store starch. The stem is purplish in color, and the upper third bears secondary branches at 45-degree angles. The leaves are arranged in pairs on the lower part of the stem but usually occur singly (or alternate) on the upper parts. Leaves are attached to the stem at right angles, and the tips of the leaves tend to droop. The leaves are thick and stiff, with a tough upper surface. The upper leal' surfaces have broad spiny hairs that are directed toward the lip and soft white hairs cover the underside. The plant produces small yellow [lowers from late August until frost. This species is able to colonize through the dispersal of seeds that readily germinate without a dormant period. Schweinitz'.s, sunflower occurs in full to partial sun and is found in areas with poor soils, such as thin clays that vary from wet to dry. It is believed that this species once occurred in natural forest openings or grasslands. Many of the remaining populations occur along roadsides. If Schweinitz's sunflower occurs on the site, the development of the site as a solar farm may not be detrimental for the species. Tree removal and appropriate management of the vegetation within and on the edges of the solar farm may. �d be I" improve habitat on the site a or the species. The North Carolina Wildfilc Resources Commission has developed a Guidance Memorandum (a copy can be found on our website at (http://w,vvw.f",s.goN, raleigh) to address and mitigate secondary and cumulative impacts to aquatic and terrestrial wildlife resources and water quality. We recommend that you consider this document in the development of your projects and in completing an initiation package tbr consultation (it' necessary). We appreciate the opportunity to comment on this project. If you have any questions concerning these comments, please contact Kathy Matthews at (919) 856-4520, Ext. 27, or by e-mail at <kathryn_niatthe%vs@fwS.gov>. Mince p Benjamin Field Supervisor cc: Shari Bryant, NCWRC United States Department of the Interior Bradley Luckey Pilot Environmental Inc. PO Box 128 Kernersville, NC 27285 FISH AND WILDLIFE SERVICE, Raleigh ES Field Ofrice Post Office Box 33726 Raleigh, North Carolina 27636-3726 July 1, 20 t 5 Re: Haywood Solar Farm- Montgomery County., NC (Additional Acres) Dear Mr. Luckey: This letter is to inform you that a list of all federally-protected endangered and threatened species with known occurrences in North Carolina is no,�v available oil the U.S. Fish and Wildlife, Service's (Service) web page at http://wvvw.fNNs.gov/i-aleigh. Therefore, ifyou have projects that occur within the Raleigh Field Office's area of responsibility (see attached county list), you no longer need to contact the Raleigh Field Office for a list of federally-protected species. Our web page contains a complete and frequently updated list of all endangered and threatened species protected by the provisions of the Endangered Species Act of 1973, as amended (16 U.S.C. 153 )1 et seq,)(Act), and a list of federal species of concern' that are known to occur in each county in North Carolina. Section 7 of the Act requires that all federal agencies (or their designated non - federal representative), in consultation with the Service, insure that any action 1ederafly authorized, funded, or carried out by such agencies is not likely to jeopardize the continued existence of any federally-listed endangered or threatened species. A biological assessment or evaluation may be prepared to fulfill,that requirement and in determining whether additional consultation with the Service is necessary. In addition to the federally - protected species list, information on the species' life histories and habitats and information on completing a biological assessment or evaluation and can be found on our web page at littp://www.f'NN.,s.gov/slelgl). Please check the web site often for updated information or changes. I The terns "federal species ofconcern" refers, to those species which the Service believes might be in need of concentrated conservation actions. Federal species of concern receive no legal protection and their designation does not necessarily imply that the species will eventually be proposed for listing as a federally endangered or threatened species. However, we recommend that all practicable measures be taken to avoid or minimize adverse impacts to federal species of concern. If your project contains suitable habitat for any of the federally- listed species known to be present within the county where Your project occurs, the proposed action has the potential to adversely affect those species. As such, we recommend that surveys be conducted to determine the species' presence or absence within the project area. The use of*NorLh Carolina Natural Heritage program data should not be substituted for actual field surveys. If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely to adversely affect) a federally- protected species, you should notify this office with your determination, the results of your surveys, survey methodologies, and an analysis of the effects of the action on listed species, including consideration ofdirect, indirect, and cumulative effects, before conducting any activities that might affect the species. If you determine that the proposed action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally listed species, then you are not required to contact our office flor concurrence (unless all Environmental Impact Statement is prepared). However, you Should maintain a complete record of the assessment, including steps leading to your determination of effect, the qualified personnel conducting the assessment, habitat conditions,, site photographs, and any other related articles. With regard to the above-referenced project, we offer the following remarks. Our comments are submitted pursuant to, and in accordance with, provisions of the Endangered Species Act. Based on the information provided and other information available, it appears that the proposed action is not likely to adversely affect any federally-listed endangered or threatened species, their formally designated critical habitat, or species currently proposed for listing under the Act at these sites. We believe that the requirements of section 7(a)(2) of the Act have been satisfied for your project, Please remember that obligations under section 7 consultation must be reconsidered if. (1),new information reveals impacts of this identified action that ruay affect listed species or critical habitat in a manner not previously considered; (2) this action is subsequently modified in a manner that was not considered in this review; or, (3) a new species is listed or critical habitat determined that may be affected by the identified action. However, the Service is concerned about the potential impacts the,proposed action might have on aquatic species. Aquatic resources are highly susceptible to sedimentation. Therefore. we recommend that a ' 11 practicable measures be taken to avoid adverse impacts to aquatic species, including in-iplementing directional boring methods and stringent sediment and erosion control measures. An erosion and sedimentation control plan should be submitted to and approved by the North Carolina Division of Land Resources, Land Quality Section prior to construction. Erosion and sedimentation controls should be installed and maintained between the construction site and any nearby down-gradient surface waters. Ill addition, we recommend maintaining natural, vegetated buffers on all streams and creeks adjacent to the project site. In general, the Service recommends that solar facilities be sited in areas that are previously disturbed, or sites that do not impact mature forest, wetlands, or streams. The North Carolina Wildlife Resources Commission has developed a Guidance Memorandum (a copy can be found on our website at (http://www.fv,,,,s.gov/raleigh) to address and mitigate secondary and cumulative impacts to aquatic and terrestrial wildlife resources and water quality. We 2 recommend that you consider this document in the development of your projects and in completing an initiation package ior'eonsultation (if necessary). We hope you find our web page useful and informative and that following the process described above will reduce the time required, and elirriihate the need, for ,general correspondence for species' lists. If you have any questions or comments, please contact Kathy Matthews of this office at (919) 856 -45201 ext. 27. Sincerely, j e Benjamin d Supervisor 3 01—WOMMI, List of Counties in the Service's Raleigh Field Office Area of Responsibility Alarnance Beaufort Bertie Bladen Brunswick Camden Carteret Caswell Chatham Chowan Columbus Craven Cumberland Currituck Dare Duplin Durham Edgecombe Franklin Gates Granville Greene Guilford Halifax Harnett Hertford Hoke Hyde Johnston Jone's Lee Lenoir Martin Montgomery Moore Nash NexA,, Hanover Northampton Onslow Orange Pamlico Pasquotank Pender 4 Perquinians Person Pitt Randolph Richmond Robeson Rockingham Sampson Scotland Tyrrell Vance Wake Warren Washington Wayne Wilson NORTH CAROLINA STATE CLEARINGHOUSE DEPARTMENT OF ADMINISTRATION INTERGOVERNMENTAL REVIEW COUNTY: MONTGOMERY H11: ENERGY RELATED FACIL:TTESIACTIVITIES MS RENEE GLEDHILL-EARLEY CLEARINGHOUSE COORDINATOR DEPT OF CULTURAL RESOURCES STATE HISTORIC PRESERVATION OPFI&F MSC 461*7 - ARCHIVES BUILDING 100FIGH NC REVIEW DISTRIBUTION CC&PS - DIV OF EMERGENCY MANAGEMENT DENR LEGISLATIVE AFFAIRS DEPT OF AGRICULTURE DEPT OF CULTURAL RESOURCES DEPT OF TRANSPORTA,TIaN_ PIEDMONT TRIAr RFG10WkL COUNCIL PROJECT INFORMATION APPLICANT: N.C. Department of Commerce 7YPE; State Environmental Policy Act Environmental Review s I '% STATE NUMBER: ii_F_4600_00i4 DATE RECEIVED: 07060014 AGENCY RESPONSE: 08/11/2014 REVIEW CLOSED: 08,15i2014 (;4 1" - DESC: Application of CSE !:. LLC for Certificate to construct a 4.95 MW Solar Photovoltaic Electric Generating Facility in Montgomery Co. Docket OSP-38jS; Sub 3, - View document at http:/ /Star wi.ncuc.nen/NCUC/portal/ncuc:page!Dockets:portal.aspx, Type Sp-1945 Sut a in the Docket Number search line. Located on approximately 45 acres of land on Pekin Road, Troy, NC The attached pro3ect has been submitted to the N. C. State Clearinghouse foi intergovernmental review. Please review and submit your response by the above indicated date to 1301 Mail Service Center, Raleigh NC 27699-00i If additional review time is needed, please contact this office at nwmn-2425, AS A RESULT OF THIS REVIEW THE FOLLOWING IS SUBMITTED: [if NO COMMENT COMM[ENTS ATEKARD, SIGNEZ BY: DA'E: JUL 2 2 2034 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id, SAW- 2014 -02040 County: Monteornery t..S.G.S. Quad: Tro ). NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner_ Maine Navwood Agent: Pilot Environmental Address: 992 Pekin Read attn. Brad_ Luckcv Trov. NC 27371 P.O. Box 128 Phone No. (91(1) 975 -3244 1Cernersvilfe, NC 27285 Property description; Size (acres) 45 'nearest Town Trod .Nearest Waterway Warner Creek River Basin Dner_Pee Dee Basin LJSGS Nh1C" 03040104 Coordinates N 35.3395 W - 79,9€107 Location description: The 35 acre proiect area is located on the west side of Pekin Road. aporoximatety= 0.3 miles south of Soriniodale Heights Road. in Troy. '4, „ Monti-mmery Co1rn , itigsrth, C arotina. PIN is-7538-17.4074140. Indicate Which of the Follbwine ADg! A. Preliminary Determination Based on preliminary information, there may be waters ofthe U,S, including, wetlands on the above described property We strongly suggest you have this property inspected to determine the extent Or Department ofthe Arm} (DA) jurisdiction, To be considered final, a jurisdictional determination must be verified bv the Corps. This preliminary determination is not an appealable action under the Rceulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). lfyou wish, you may request an approved .ID (which may be appealed), by contacting the Carps district for further instruction. Also, you may provide new information for further consideration be the Carps to reevaluate the M B. Approved Determination 'there are 'navigable Waters ofthe united States within the above described property subject to the permit requirements of Section 10 ofthe Rivers and Harbors Act and Section 404 ofthe Clean Water Act. Unless there is at change in the law or our published regulations, this determination may be relied upon for a period not to exceed live years frown the (late* of this notification. X There are waters of the U.S. including wetlands on the above_ described nroiect area , subicel to the nermit e requirements of Section 404 of the Clean Water Act (C WA)f33 USC 8 1344). Unless s there is a change in the law or our published reeulations, this determination may be retied upon for a period not to exceed rive vears from the date of this notification. We stron=gly suggest you have the wetlands on VOUr property delineated, Clue to tite size of your property and; The property hlocated in one o/ the 20 Coastal Counties Subject m regulation under the Coastal Area Management Act yCAM4>. You should contact the Division o[Commm| Management in Morehead City. NC, m(]52)8O8'280Nm determine their requirements. Placement of dredged or fill material within waters ofthe US and/or wetlands without u Department othe Army permit may constitute u violation uf Section 30) of the Clean Water Act (33USC§ 131{). |y you have any questions regarding dhiu determination and/or the Corps regulatory prograin, please contact Christv Folta at (910) 251-4637. C. Basis For Determination The site cshhhdourdimor°hieh watermark undwe|oodcrh*6waudefimediniko/907Wmtkund0mUnouhnoMwnuo|wmd ixmunnr^udntw Reaionxl 8wnp|amont. This determination is based on information submitted bv Pilot Environmental and m site visit conducted bvChdsp/Fm|t*ou12/3/11L D. Remarks Please note this iurisdictional determination is onIv for a oortion of the nroncrtv and not the entire tract. E. Attention USDA Program Participants This del inua/ion/ otermination has been conducted to identify the limits of Corps' Clean VVumz &c juriajkzioo for the particular site identified in this request. The del ioeatlnn/det*nuino(ivn may not be valid for the %vu|xnd oonmnr,uCkm provisions oy the Food Security Act of|9*5. Ifyou or your teriant are USDA Program participants. or anticipate participation in USDA poogrum,, you should request mcertified wetland determination trunothe local nlficoo[the Natural Rmonuoes Conservation 0crv|oc, prior to starting work. F. Appeals Information (This iu8)mwa6nuappQ*mwolyroypp,ovedjwrisdictkmmUdetemmhm,ioummuiodbotediu This correspondence constitutes aoapproved jurisdictional dote,mimx ion for the above described site. !fyouobjmct to this determination, You may request nn administrative appeal under Corps regulations m3]CFR Part 33|. Enclosed you will findu Notification n[ Appeal Process (NAP)fact sheet and request k`rappmu|(RFA) K`on. |f you request /o appeal this determination you must submit ucompleted RFA 8onn*othe tN|nwing,mddncoo: US Army Corps oFEngineers South AdomioDiviyion &ou: Jason Steele, Review Officer 6O Forsyth Street SVV,Ro"m|0h4|5 Atlanta, Georgia 30302'0801 In order I*oranRFAmbe accepted by the Corps, the Corps must determine that it is complete, that i/mmctstile criteria for appeal under 33 CFR part 33 1.5, and that it has been received by the Division Office within 60 days of the date of the NAIII. Should You decide ,o submit mn&|'A(hm`.i/mumbc received m the above address by Ap,i}2,I0}5. **|tis not necessary 10 submit uoRFA form ^o the Division 0ffiucJ you du not object un the dcteoninoukmiothis correspond *n cc, ** Corps Regulatory Official: Date: 2/2/2015 EApiration Date: 2,12/2020 The Wilmington District im committed oo providing the highest level of'support $o the public, Fm help uy ensure wc continue m do so, please complete the attached customer Satisfaction Survey or visit htit):,i/ner2,nWD.usace.arniNt.11iii/survev.htinI to complete the survey online, intermittent stream Perennial Stream ■ ■ ■ ■ ■ ■ Non - Jurisdictional Hydrologic Connection Wetlands DP -1 p Data Point - Culvert • i ' WD TRACT -91 PE Non - Jurisdictional Isolated Pond WE Isolated TRACT A HAS BEEN VERIFIED BY THE USACE AND A JD ISSUED ON FEBRUARY 2, 2015. TRACT B HAS BEEN VLRFIIED BY MR, BRENNAN DOOLEY AND MR. TYLER CRUMBLEY WITH THE USACE ON JULY 8, 2015. THIS EXHIBIT INCLUDES GPS LOCATIONS OF IURISDICTIONAL FEATURES. Drawing 5 Wetland Map 2013 Aerial Photograph Haywood Solar Farm Google Earth and Approximate 70 Acre Tract PEI Field Notes A Troy, North Carolina SCALE: 1" = 300' GO PEI No. 1142.1 Im