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HomeMy WebLinkAbout20150705 Ver 2_401 Application_20150915W A rE9 Office Use Only: PAID Corps action ID no. o< DWQ project no T Form Version 1.3 Dec 10 2008 Pre - Construction Notification (PCN) Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the ®Section 404 Permit ❑Section 10 Permit Corps: 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 1 d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Per ❑ 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 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? 2. Project Information 2a. Name of project: Minnie Solar Farm 2b. County: Alamance 2c. Nearest municipality / town: 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Issacs Revocable Living Trust 3b. Deed Book and Page No. Book = unknown, Pages =272 and 269 3c. Responsible Party (for LLC if Mr. Graydon Issacs applicable): 3d. Street address: 5287 Lindley Mill Road 3e. City, state, zip: Graham, NC 27253 3f. Telephone no.: 336.376.6530 3g. Fax no.: 3h. Email address: gfi48 @hotmail.com ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No 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. Steve Crivelli. 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip 4f. Telephone no. 4g. Fax no.: 4h. Email address Conergy Projects, Inc. 3947 Lennane Drive Sacramento CA 95834 916.838.3514 866.436.6114 s.crivelli @conergy.com 5. Agent/Consultant Information (if applicable) 5a. Name: Bradley S. Luckey 5b. Business name Pilot Environmental Inc. (if applicable): 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)- 1b. 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: 150816 & 150815 Latitude: 35.94947 (DD DDDDDD) 30 acres Haw River WS -V, NSW Cape Fear Longitude: - 79.36181 ( -DD DDDDDD) 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The site contains undeveloped wooded land and agricultural fields. Structures are not located on the site. The site is located in a residential /rural area of Graham. 3b. List the total estimated acreage of all existing wetlands on the property: 2.75 acres 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: streams = 2,400', open waters (pond) =1.25 acres 3d. Explain the purpose of the proposed project: The purpose of the proposed project is to provide access 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 of the site with a proposed solar farm. In order to provide safe access to the site, an access road and stream crossing that includes the replacement of an existing culvert are necessary. To faciltate development of the site and replacement of the existing stream crossing culvert, 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 El No Unknown Comments: USACE /DWR site visit 3/6/14 4b. If the Corps made the jurisdictional determination, what type of determination was made? Preliminary ❑ Final 4c. If yes, who delineated the jurisdictional areas? Agency /Consultant Company: Name (if known): Bradley Luckey /Michael Brame Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. USACE JD= 4/9/15. DWR= 3/11/14 Page 3 of 11 PCN Form — Version 1.3 December 10, 2008 Version 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. A previous NWP 14 was requested on July 16, 2015. The previous NWP 14 was rescinded in August 14, 2015 due to changes in project specifics including relocation of the proposed access road to the site to comply with Alamance County requirements for setbacks from a water supply well and a septic system. Additionally, in efforts to avoid greater impacts from installation of a new culvert it was determined that access to the proposed solar farm could utilize replacement of an existing culvert, thus, resulting in less overall impact to the stream. 6. Future Project Plans 6a. Is this a phased project? ❑ 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 application, 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 ❑ Yes ❑ Corps 3. Stream Impacts ❑ No ❑ DWQ W2 ❑ P FIT ❑ Yes ❑ Corps (including temporary impacts) ❑ No ❑ DWQ W3 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W4 ❑ P ❑ T ❑ Yes ❑ Corps 3g. ❑ No ❑ DWQ W5 ❑ P ❑ T ❑ Yes ❑ Corps number - ❑ No ❑ DWQ W6 ❑ P ❑ T ❑ Yes ❑ Corps intermittent (INT)? ❑ No ❑ DWQ 2g. Total wetland impacts 2h. Comments: Wetland impacts are not proposed. 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or Temporary (T) intermittent (INT)? DWQ — non -404, other) width (feet) (linear feet) S1 ®P ®T Culvert/Pump Around S2 ❑P ❑T S3 ❑P ❑T S4 ❑P ❑T S5 ❑P ❑T S6 ❑P ❑T Unnamed ® PER ❑ INT ❑ PER ❑ INT ❑ PER ❑ INT ❑ PER ❑ INT ❑ PER ❑ INT ❑ PER ❑ INT ® Corps ❑ DWQ ❑ Corps ❑ DWQ ❑ Corps ❑ DWQ ❑ Corps ❑ DWQ ❑ Corps ❑ DWQ ❑ Corps ❑ DWQ 4 29/48 3h. Total stream and tributary impacts 29/48 3i. Comments: The proposed culvert replacement will permanently impact 29 linear feet of stream channel and temporarily impact 48 linear feet of stream channel with the associated 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 ❑T 4f. Total open water impacts 4g. Comments: Open water impacts are not being proposed. 1 5. Pond or Lake Construction If pond or ake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f. Total 5g. Comments: Construction of ponds /lakes are not being proposed. 5h. Is a dam high hazard permit required? 1 ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitiqation, then you MUST fill out Section D of this form. 6a. ❑ Neuse ❑Tar- Pamlico ®Other: Lake Jordan 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 Road Unnamed ® Nos 1,399 945 B2 ❑P ❑T F-1 Yes ❑ No B3 ❑P ❑T F-1 Yes ❑ No 6h. Total buffer impacts 1,399 945 6i. Comments: The proposed culvert replacement and subsequent access road will permanently impact 1,399 SF of Zone 1 Page 6 of 11 PCN Form - Version 1.3 December 10, 2008 Version and 945 SF of Zone 2 riparian buffer in accordance with 15A NCAC 02B .0267 as an allowable activity. D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. 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, a road must be constructed to provide access to the site during construction and long term maintenance of the site as a solar farm. Several road designs were evaluated. One such design included installation of a new culvert up- gradient of an existing culvert. This design resulted in greater impact to the stream than what is proposed in this application. The proposed replacement of an existing culvert reduces the impact footprint of the stream fro the previous design. The width of the access road has been minimized to the extent possible to safely accommodate heavy equipment and tractor trailer crossing. The road alignment has been designed to cross as near to perpendicular given constraints with truck /equipment turning radii and existing conditions including a residence and existing topography. The stream crossing culvert has been designed to be buried at least six inches below the existing stream bed, thus, allowing for aquatic passage. The road crossing has been designed in an area of the stream that is routinely maintained /landscaped and has no natural riparian buffers, stream canopy cover and is currently being used for residential /agricultural access. The solar array and necessary infrastructure (overhead /underground voltage lines, inverters, etc.) have been designed to avoid impacts to jurisdictional streams, wetlands and ponds. There are approximately 2.75 acres of wetlands, 2,400 linear feet of stream channel and a 1.25 acre jurisdictional pond located on the site. The wetlands, pond and remaining 2,352 linear feet of stream channel are being avoided. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. The disturbance limits will be staked and silt fence will be used. A temporary coffer dam will be installed upgradient of the existing culvert. During construction, water will be pumped around the construction footprint. The existing culvert will be removed. Excavated soils within the construction footprint will be stockpiled in uplands areas and removed from the site and /or used to restore areas of temporary impact. Once the existing culvert has been removed, the proposed culvert will be installed. 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 in the area of the temporary impacts 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 1a. 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. Comments: The access road is gravel and will not concentrate stormwater into the ❑ Yes ® No riparian buffer 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? <8 % 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 or proposed. 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)? 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) ❑ Yes ® No Comments: 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 List of Endandered and Threatened Species for Alamance County does not identify federally listed species in Alamance County. 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 waterbodles 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. SHPO Letter dated 8/24/12 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 FIRM 371088900J Digitally signed by Bradley 5 Luckey DN: cn= Bradley S. Luckey, o =Pilot ' `, , Environmental, Inc., ou, Bradley S. Luckey email= bluckey @pilotenviro.com, c =US 9/4/15 Date: 2015 09 04 15:38.41 - 04'00' Applicant/Agent's Printed Name Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 11 of 11 PCN Form — Version 1.3 December 10, 2008 Version COUNTY: ALAMANCF, NORTH CAROLINA STATE, CLEARINGHOUSE DEPARTMENT OF ADMINISTRATION INTERGOVERNMENTAL REVIEW Hll:_511LR #Y -RELAi'gb,, STATE NUMBER: 13-E-4600-0044 FACT- 1.TTES./,Ar-,j,4,V1T1 ES DATE RECEIVED: 07/27/2012 AGENCY RESPONSE: 08/22/2012 �i`�j Fill Lk.', REVIEW CLOSED: 08/27/2012 MS RENEE GLEDHILL-EARLIC CLEARINGHOUSE COORDINATOR D,E?T OF CULTURAL RESOURCES STATE HTSTCRIC PRESERVATION OF--1CF 35 MSC 4617 7 - ARCHIVES BUILDING C,/1A' RALEIGH NC REVIEW DISTRIBUTION CC&PS - DIV OF EMERGENCY MANAGEMENT DENR LEGISLATIVE AFFAIRS DEPT OF AGRICULTURE DEPT OF CULTURAL RESOURCES DEPT OF TRANSPORTATION PIEDMONT TRIAD COG PROJECT INFORMATION 03) APPLICANT: N.C. Dept. of Commerce Q--, 0/7011Z TYPE: State Environmental Policy Act Q- Environmental Review DES[: AiDolication of Minnie Solar, LLC for Certificate to •anstrticr- a 5,0 MW Solar Photovoltaic Electric GeneratLng Facility in Alh-mance Co. Docket ISP-1967, Sub 0. View document at http://ncuc.coT-c-,erce.staue.ric;.u5/dock-qrch.ht-rnl-; type SP-1967, Sub 0 - Located at 5287 Lindley Mill Road, Graham, NC The ai.t.ached protect has been s,,ibmitted to the N.. C. State Cl.ear.:Lnghouse for inzergovernif,iental, review. Please review and submit your response by the above indicated daze to 1.301 Mai!-Serv,ce Center, RaLe-Lgh NC 27699-13,01. if additional review time is needed, please,contac-, this office at (919)807-2425. AS A RESULT OF TRIS REVIEW THE FOLLOWING IS SUBMITTED SIGNED BY: Aij IN;NO COVIVENT F] COMMENTS ATTACHED DATE: 9 -,34 -IR AUG GRID NORTH MAP SCALE 1"=500'(1 0 250 Soo 0 150 PANEL 8890J : 6,000) 750 1,000 FEET I c 300 FIRM FLOOD INSURANCE RATE MAP NOR "I'H (',-XROLINA PANEL 8890 ,SEE LOCATOR DIAGRAM OR MAP INDEX FOR FIRM PANEL LAYOUT) CONTAINS: COMMUNITY CID No. PANEL SUFFIX ALAMANCE COUNTY 370001 8890 J Notice to User The Map Number sho— below should be used when Placing map orders. the Community Number shown above should be used en msua ^.ce abprcat,dns for the subject community EFFECTIVE DATE MAP NUMBER SEPTEMBER 6, 2006 3710889000J •R�N• <.rM1a StLv State of North Carolina Federal Emergency Management Agency official copy of a portion of the above referenced flood map. It :ted using F -MIT On -Line. This map does not relfect changes nents which may have been made subsequent to the date on the For the latest product information about National Flood Insurance ood maps check the FEMA Flood Map Store at www. msc.fema.gov Know what's below. 0811 before you dig. AREA OF STREAMS IN LEASED AREA: 0.013 AC (51 AREA OF BUFFERS IN LEASED AREA: 0.222 AC (9, NOTES: —ALL STREAM/WETLAND LOCATIONS SHOWN ON THIS MAP ARE APPROXIMATE. THEY HAVE BEEN DELINEATED BY ECS. — EXISTING SURFACE SHOWN HEREIN IS BASED OFF G IS DATA AND MO REQUIRE FIEID ADJUSTMENTS AS NEEDED. —THE SOLE PURPOSE OF THIS MAP IS TO SHOW JURISDICTIONAL BOUNDARIES AS DELINEATED BY ECS —BASIS OF BEARING IS NORTH CAROUNA STATE PLANE COORDINATE SYSTEM (NAD 63/NSRS2011) v &Cmu) 8020 Tower Point Drive Charlotte, North Carolina 28227 Phone: (704)841 -2588, Fax: (704)841 -2567 F -1222 Y www.mckimcreed.com y A 1% CONERGY PROJECTS, Inc. 3947 LENNANE DRIVE, SUITE 275 SACRAMENTO, CA 95834 PHONE: (916) 692 - 7548 WWW.CONERGY.US / D a D y�cy B LEASED AREA (T11P.)/ 1a / D D a Pt 1 1 .; o s r ^ I SQUIB PANELS (TV.) r• .: I PL PL —r PL / ~ SEE SHEET 2 do 3 30, BUI' ER 1 ^'d I / I row orv- 'sctnrcn u -uoc wuo JURISDICTIONAL PERENNIAL STREAM �I PL PL PL MU— JURISDICTIONAL PPONND _j JURISDICTIONAL WETLAND (TYP.) ACCESS DRIVE (TYP.) / 4 /i� = P` — 0 Abb 200 400 JURISDICTIONAL WATERS OF THE U.S. 4DATE: AM 2015 4 SCALE MWC FU NUMWk rs►I MCE 068211 -0 PROJ. i 006 CE -101 IMPACT PLAN AND PROFILE DRAWN TAK HORIZONTAL: M,,,,MNUMBER DESIGNED TAK 1._2 CHECKED DO VERTICAL 1 MINNIE SOLAR FARM PRO 1. MGR. oKD NA I OF 3 ALAMANCE COUNTY ` r rSTATI,s• PRELIMINARY DESIGN NORTH CAROLINA ` FOR PERMITTING J D I Ab Y www.mckimcreed.com y A 1% CONERGY PROJECTS, Inc. 3947 LENNANE DRIVE, SUITE 275 SACRAMENTO, CA 95834 PHONE: (916) 692 - 7548 WWW.CONERGY.US / D a D y�cy B LEASED AREA (T11P.)/ 1a / D D a Pt 1 1 .; o s r ^ I SQUIB PANELS (TV.) r• .: I PL PL —r PL / ~ SEE SHEET 2 do 3 30, BUI' ER 1 ^'d I / I row orv- 'sctnrcn u -uoc wuo JURISDICTIONAL PERENNIAL STREAM �I PL PL PL MU— JURISDICTIONAL PPONND _j JURISDICTIONAL WETLAND (TYP.) ACCESS DRIVE (TYP.) / 4 /i� = P` — 0 Abb 200 400 JURISDICTIONAL WATERS OF THE U.S. 4DATE: AM 2015 4 SCALE MWC FU NUMWk rs►I MCE 068211 -0 PROJ. i 006 CE -101 IMPACT PLAN AND PROFILE DRAWN TAK HORIZONTAL: M,,,,MNUMBER DESIGNED TAK 1._2 CHECKED DO VERTICAL 1 MINNIE SOLAR FARM PRO 1. MGR. oKD NA I OF 3 ALAMANCE COUNTY ` r rSTATI,s• PRELIMINARY DESIGN NORTH CAROLINA ` FOR PERMITTING J i �k y PROPERTY LINE (TYP.) 1 � gal 1 i 0 / EX OR STORK lP1IVPFE! TOE Y TO a \ \ POSITIVFI DRAIN* ACCESS DIVE X {ML�1Si AREA OF STREAMS IN LEASED AREA: 0.013 AC (562 SF) AREA OF BUFFERS IN LEASED AREA: 0.222 AC (9,675 SF) IMPACTED BUFFER ZONE 1: 1399 SF IMPACTED BUFFER ZONE 2: 945 SF _ P -- LENGTH OF PIPE: 30 LF PERMANENT STREAM IMPACT: 29 LF TEMPORARY STREAM IMPACT: 48 LF 4 10, 4 v Mti�VIF�CR��t� 8020 Tower Point Drive Charlotte, North Carolina 28227 Phone: (704)841 -2588, Fax: (704)841 -2567 F -1222 Y www.mckimcreed.com r Y I JURISDICTIONAL POND CONERGY PROJECTS, Inc. 3947 LENNANE DRIVE, SUITE 275 SACRAMENTO, CA 95834 PHONE: (916) 692 - 7548 WWW.CONERGY.US a I i ZONE 1 (30' BUFFER) k r ,d = Id Know what's b610W. I Id ld �" Id Call before you dig. _ = Id -1d �" Id , / ZONE 2 (30' -50' BUFFER) I JURISDICTIONAL STREAM b � i / I I • � I I / � I i EX. ACCESS DRIVE TO BE / WIDENED AS NECESSARY SEE PROFILE (SHEET 3) R 20' ACCESS DRIVE (TYP.) I / I x NOTES: t -ALL STREAM/WETLAND LOCATIONS SHOWN ON THIS MAP ARE APPROXIMATE. THEY HAVE BEEN DELINEATED BY ECS. SCALE 1 "= 40' — - E)aSTING SURFACE SHOWN HEREIN IS BASED OFF GIS DATA AND MAY REQUIRE FIELD ADJUSTMENTS AS NEEDED. -THE SOLE PURPOSE OF THIS MAP IS TO SHOW JURISDICTIONAL BOUNDARIES AS DELINEATED BY ECS 0 20 40 80 -BASIS OF BEARING IS NORTH CAROLINA STATE PLANE COORDINATE SYSTEM (NAD 83/NSRS2011) JURISDICTIONAL WATERS OF THE U.S. ,DATE: JUNE 20t5 + 4 SCALE , `mwFU UM IMPACT PLAN AND PROFILE MCA PROD. oee3, -°°°° -102 DRAWN TAK HORIZONTAL- MAWM MWeot DESIGNED TAK 1* -40' CHECKED DKD VERTICAL- 2 MINNIE SOLAR FARM PROD. MGR. DO NA , , 2OF 3 ALAMANCE COUNTY NORTH CAROLINA (STATUS: A PRELIMINARY DESIGN FOR PERMITTING J SILT BAG OR DEWATERING DEVICE WATTLE OR OTHER BARRIER TO BE REPLACED AT THE END OF EACH WORK DAY (TYP) MAXIMUM \ DISTURBANCE Ll SPOIL PILE LL POIL PIL 24' RCP LIMITS OF DISTURBANCE o Know what's below. Call before you dig. STREAM DELINEATION SUMP PUMP. OUTLET TO DISCHARGE IN SILT BAG OR STRAW —BALE DEWATERNG DEVICE. ACCESS DRIVE / SILT FENCE AS�NT ,r f� NOT TO SCALE CONSTRUCTION SEQUENCE: 1, INSTALL PUMP AROUND TO LIMIT EROSION 2. EXCAVATE THE STREAM BED IN ORDER TO PLACE STORM DRAIN 3. PLACE STORM PIPE WITH POSITIVE SLOPE TO ENSURE PROPER DRAINAGE. 4. PLACE SILT FENCE AND OTHER MEASURES TO PREVENT CONTAMINATION OF THE PIPE DURING THE BACKFILL. 5. BACK FILL PIPE AND COMPACT PER NCDENR REQUIREMENTS. 6. INSTALL ACCESS DRIVE OVER THE CULVERT. 7. STABILIZE THE STREAM BANKS AS SHOWN. v NT K I E N 4 ��i��i� 8020 Tower Point Drive Charlotte, North Carolina 28227 Phone: (704)841 -2588, Fax: (704)841 -2567 F -1222 www.mckimcreed.com , TOE OF BANK \ \ FES EASEMENT TOP OF BANK I I I I ACCESS DRIVE r CD i i d i i FES 48 LF OF 24" RCP PLAN VIEW NOT • SCALE NOTES: 525 520 515 510 505 525 520 515 Y Q m m L 'no CV N N X19' t �_ PROP, ACCESS DRIVE E%. GROUND (PER CM (SEE NOTES) 510 EX. 24" RCP (SEE NOTES) 0 +00 0 +50 -ALL STREAM/WETLAND LOCATIONS SHOWN ON THIS MAP ARE APPROXIMATE. THEY HAVE BEEN DELINEATED BY ECS. - EXISTING SURFACE SHOWN HEREIN IS BASED OFF GIS DATA AND MAY REQUIRE FIELD ADJUSTMENTS AS NEEDED. -THE SOLE PURPOSE OF THIS MAP IS TO SHOW JURISDICTIONAL BOUNDARIES AS DELINEATED BY ECS -BASIS OF BEARING IS NORTH CAROLINA STATE PLANE COORDINATE SYSTEM (NAD 83/NSRS2011) JURISDICTIONAL WATERS OF THE U.S. CONERGY PROJECTS, Inc. IMPACT PLAN & PROFILE 3947 LENNANE DRIVE, SUITE 275 ,■, SACRAMENTO, 95834 XWO PHONE: (916)692- 7548 MINNIE SOLAR FARM VV".CONERGY.US ALAMANCE COUNTY NORTH CAROLINA OF DATE: MCE PROJ. DRAWN DESIGNED CHECKED PROJ. MGR. IfSTATUS: 505 1+00 1+37 VERT. SCALE STAKED HAY I BALE (TYP) jk r— OIL PIL 1"= 40' COFFER DAM AREA EASEMENT mW SUMP PUMP. OUTLET TO DISCHARGE IN SILT BAG OR STRAW —BALE DEWATERNG , w&c Fla: Nuwem DEVICE. m 07 Co 06831 -0006 SILT FENCE SHALL BE PLACED ALONG oaAWNo NLuBeR TOP OF BANK AFTER INSTALLATION OF PIPELINE AND DURING 3 NON — CONSTRUCTION WORK HOURS. NOT TO SCALE CONSTRUCTION SEQUENCE: 1, INSTALL PUMP AROUND TO LIMIT EROSION 2. EXCAVATE THE STREAM BED IN ORDER TO PLACE STORM DRAIN 3. PLACE STORM PIPE WITH POSITIVE SLOPE TO ENSURE PROPER DRAINAGE. 4. PLACE SILT FENCE AND OTHER MEASURES TO PREVENT CONTAMINATION OF THE PIPE DURING THE BACKFILL. 5. BACK FILL PIPE AND COMPACT PER NCDENR REQUIREMENTS. 6. INSTALL ACCESS DRIVE OVER THE CULVERT. 7. STABILIZE THE STREAM BANKS AS SHOWN. v NT K I E N 4 ��i��i� 8020 Tower Point Drive Charlotte, North Carolina 28227 Phone: (704)841 -2588, Fax: (704)841 -2567 F -1222 www.mckimcreed.com , TOE OF BANK \ \ FES EASEMENT TOP OF BANK I I I I ACCESS DRIVE r CD i i d i i FES 48 LF OF 24" RCP PLAN VIEW NOT • SCALE NOTES: 525 520 515 510 505 525 520 515 Y Q m m L 'no CV N N X19' t �_ PROP, ACCESS DRIVE E%. GROUND (PER CM (SEE NOTES) 510 EX. 24" RCP (SEE NOTES) 0 +00 0 +50 -ALL STREAM/WETLAND LOCATIONS SHOWN ON THIS MAP ARE APPROXIMATE. THEY HAVE BEEN DELINEATED BY ECS. - EXISTING SURFACE SHOWN HEREIN IS BASED OFF GIS DATA AND MAY REQUIRE FIELD ADJUSTMENTS AS NEEDED. -THE SOLE PURPOSE OF THIS MAP IS TO SHOW JURISDICTIONAL BOUNDARIES AS DELINEATED BY ECS -BASIS OF BEARING IS NORTH CAROLINA STATE PLANE COORDINATE SYSTEM (NAD 83/NSRS2011) JURISDICTIONAL WATERS OF THE U.S. CONERGY PROJECTS, Inc. IMPACT PLAN & PROFILE 3947 LENNANE DRIVE, SUITE 275 ,■, SACRAMENTO, 95834 XWO PHONE: (916)692- 7548 MINNIE SOLAR FARM VV".CONERGY.US ALAMANCE COUNTY NORTH CAROLINA OF DATE: MCE PROJ. DRAWN DESIGNED CHECKED PROJ. MGR. IfSTATUS: 505 1+00 1+37 VERT. SCALE 1 "= 4' 8 0 2 4 HORIZ. SCALE 1"= 40' 0 20 40 80 JUNE 2015 SCALE , w&c Fla: Nuwem CE -103 06831 -0006 TAK HORIZONTAL: oaAWNo NLuBeR TAK 1' -40' DKD VERTICAL 3 DKD 1''4 3 OF 3 PRELIMINARY DESIGN REM90" FOR PERMITTING - 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: Grayden Isaacs 5257 Lindsey Mill Rd Graham, NC 27253 Owner /Applicant Information: Name: Conergy Projects, Inc. Address: 3947 Lennane Dr Sacramento, CA 95834 Telephone Number: 916 -838 -3514 Fax Number: 866- 436 -6114 E -mail Address: s.crivelli @conergy.com Authorized Representative Signature: Date: 6/25/15 R % Signature 's-'" Yann Brandt, Vice President Date: 06/19/2015 �{ F ILE Cap U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW- 2014 -00650 County: Alamance U.S.G.S. Quad: NC- SAXAPAHAW NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner: Isaacs Revocable Living Trust Gravdon Isaacs Address: 5287 Lindlev Mill Rd Graham. NC. 27253 Telephone Number: Nearest Town Graham Nearest Waterway Marvs Creek River Basin Haw. North Carolina. USGS HUC 3030002 Coordinates Latitude: 35.9494740719901 Longitude: - 79.3618068058666 Location description: The property is located on the west side of Lindley Mill Rd, south of NC Hwy 87, Alamance County, NC. Indicate Which of the Following Apply: A. Preliminary Determination X Based on preliminary information, there may be on the above described . We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also, you may provide new information for further consideration by the Corps to reevaluate the JD. B. Approved Determination There are Navigable Waters of the United States within the above described subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ There are on the above described subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years fiom the date of this notification. We strongly suggest you have the on your delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. The s on your have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. _ The have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on . Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. There are no waters of the U.S., to include wetlands, present on the above described which are subject to the permit requirements of Section 404 of the Clean Water Act (33, USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in to determine their requirements. Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Thomas Brown at 919- 554 -4884 x22 or Thomas .L.Brownausace.armv.mil. c. Basis For Determination: D. Remarks: E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 1OM15 Atlanta, Georgia 30303 -8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by * *It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: / Date: April 9, 2014 Expiration Date: ADr11 9, 2019 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at http :HreauIatoiv.usacesurvev.com /. Copy furnished: Brad Luckey ECS Carolina 4811 Koger Blvd Greensboro, NC 27407 Isaacs Revocable Living Trust Graydon Isaacs Date: April 9, 2014 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of A permission) PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D X PRELIMINARY JURISDICTIONAL DETERMINATION SECTION I - -The;following identifies your rights and options regarding an administrative appeal,of the decision: Additional information maybe found at- , ]fttp: / /vvwvwusa:rmi:mi]! Missions/ Civi1V' J6rl isl fZi ¢ul'storvPxot;tamandFermita.asp or Corps re�.ilations at 33 CFR Part 331.. _ A: 'INITIAL PROFFERED PERMIT: You may acceptor object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. 1. B: PROFFERED PERMIT: You may accept or appeal the permit 2. ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section 1I of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered pen-nit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and /or the If you only have questions regarding the appeal appeal process you may contact: process you may also contact: District Engineer, Wilmington Regulatory Division, Mr. Jason Steele, Administrative Appeal Review Attn: Thomas Brown Officer Raleigh Regualtory Field Office CESAD -PDO 3331 Heritage Trade Dr, Suite 105 U.S. Army Corps of Engineers, South Atlantic Wake Forest, NC 27587 Division 60 Forsyth Street, Room 1OM15 Atlanta, Georgia 30303 -8801 Phone: (404) 562 -5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. THE STREAM/WETLAND LOCATIONS SHOWN ON THIS MAP ARE APPROXIMATE. THEY r.-,,,E BEEN DELINEATED BY ECS ON JANUARY 21, 2014. THEY HAVE BEEN VERIFIED BY MR. THOMAS BROWN WITH THE USACE AND MS, SUE HOMEWOOD WITH THE NCDENR -DWR ON MARCH 6, 2014. THEY HAVE NOT BEEN SURVEYED. LEGEND Approximate Location of Site Boundary e"'v Approximate Location of Stream Approximate Location of Ephemeral Ditch Approximate Location of Pond Approximate Location of Wetland SA t -21 Flag Number /Approximate Location DP -1 ■ Approximate Location of Data Point Lr z k1i r SOURCE: Alamance County GIS 2010 Aerial Photograph and ECS Field Notes Approximate Scale: 1" = 300' Fl.,AC; Nlil1 BERSANFO WETLAND FLAGS = WB WETLAND FLAGS = STREAM /POND FLAGS =) "` Stream Flags = 105 Pond Flags = 66 Wetland Flags = 180 Total Flags = 351 P)3 1 -49 USACE 011 Jurisdictional FIGURE 3A VERIFICATION MAP Minnie Solar Farm Lindley Mill Road Alamance County, North Carolina ECS Project 09- 22747 -C AA MCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Regional Operations Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary March 11, 2014 Mr. Brad Luckey ECS Carolinas, LLP 4811 Koger Boulevard Greensboro, NC 27407 Subject Property: Minnie Solar Farm, Alamance County On -Site Determination for Applicability to the Mitigation Rules (15A NCAC 2H .0500) On -Site Determination for Applicability to the Jordan Lake Buffer Rules (1SA NCAC 2B .0267) Dear Mr. Luckey: On March 6, 2014, at your request and in your attendance, Sue Homewood conducted an on -site determination to review features located on the subject project for stream determinations with regards to the above noted state regulations. Thomas Brown with the US Army Corps of Engineers (USACE) was also present at the site visit. The Division acknowledges the areas and boundaries identified as jurisdictional wetlands by the USACE. The attached map accurately depicts all stream determinations conducted during the site visit. Please note that at the time of this letter, all intermittent and perennial stream channels and jurisdictional wetlands found on the property are subject to the mitigation rules cited above. All intermittent and perennial streams as shown on a USGS Topo Map or a printed Soil Survey Map are subject to the Jordan Lake Buffer Rules unless determined to be inaccurately depicted by an on -site determination. These regulations are subject to change in the future. The owner (or future owners) should notify the Division (and other relevant agencies) of this decision in any future correspondences concerning this property. This on -site determination shall expire five (5) years from the date of this letter. Winston -Salem Regional Office Location: 585 Waughtown St Winston - Salem, North Carolina 27107 Phone: 336 - 771 -50001 FAX- 336 - 771-46301 Customer Service- 1- 877 - 623 -6748 Internet: www ncwaterquality org An Equal Opportunity \ Affirmative Action Employer NorthCarolina Naturally Brad Luckey Minnie Solar Farm March 11, 2014 Page 2 of 2 Landowners or affected parties that dispute a determination made by the Division or Delegated Local Authority that a surface water exists and that it is subject to the buffer rule may request a determination by the Director. A request for a determination by the Director shall be referred to the Director in writing c/o Wetlands and Buffers Permitting and Compliance Unit, 1650 Mail Service Center, Raleigh, NC 27699 -1650. Individuals that dispute a determination by the Division or Delegated Local Authority that "exempts" surface water from the buffer rule may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. Applicants are hereby notified that the 60 -day statutory appeal time does not start until the affected party (including downstream and adjacent landowners) is notified of this decision. The Division recommends that the applicant conduct this notification in order to be certain that third party appeals are made in a timely manner. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699 -6714. This determination is final and binding unless you ask for a hearing within 60 days. This letter only addresses the applicability to the mitigation rules and the buffer rules and does not approve any activity within Waters of the United States or Waters of the State or their associated buffers. If you have any additional questions or require additional information please contact me at 336- 771 -4964 or sue.homewood @ncdenr.gov. Sincerely, Sue Homewood Winston -Salem Regional Office Enclosures: USGS Topo Map ECS Map cc: Graydon Isaacs, Trustee, Isaacs Revocable Living Trust, 5287 Lindley Mill Rd, Graham NC 27253 Thomas Brown, USACE Raleigh Regulatory Field Office (via email) DWR, Winston -Salem Regional Office SITE 1 1 1 • 4 j Ch r oe .i ♦ e JF" 4ti a t "ra ,v j. ;' �. ��- �,'C •1.'= �• y" r {• �,w;r o, Pef �! 1 • i J �`� S ti if •-{±.a SOURCE: FIGURE 1 USGS Topographic Map: SITE LOCATION MAP Saxaphaw, NC Quadrangle Dated 1977 Minnie Solar Farm And Snow Camp, NC Quadrangle Lindley Mill Road Dated 1978 Alamance County, North Carolina Scale: 1 " = 2,000' ECS Proiect 09- 22747 -C THE STREAM/WETLAND LOCATIONS SHOWN ON THIS MAP ARE APPROXIMATE. THEY HAVE BEEN DELINEATED BY ECS ON JANUARY 21, 2014. THEY HAVE BEEN VERIFIED BY MR. THOMAS BROWN WITH THE USACE AND MS. SUE HOMEWOOD WITH THE NCDENR -DWR ON MARCH 6, 2014. THEY HAVE NOT BEEN SURVEYED. `k h . FWD 1-141 FLAG NUMBERS /INFO WETLAND FLAGS = V1j1/1j1� WB WETLAND FLAGS = .U'&.A.N> 2e NUM STREAM /POND FLAGS Stream Flags = 105 Pond Flags= 66 Wetl Flags = 180 ,and Flags = 351 of, 4-0 M� PA 1 -17 USACE Non - Jurisdictional Pond. DWR- Isolated Man -made Pond WC 1 -38 DP -1 ■ DP SBC1 -6 w �� SBA 1 -47 Alamance County GIS 2010 Aerial Photograph and ECS Field Notes Approximate Scale: 1" = 300' F ` LEGEND Approximate Location of Site Boundary Approximate Location of Stream • •• Approximate Location of Ephemeral Ditch ,m=w�\\, Approximate Location of Pond Jurisdictional Approximate Location of Wetland SA 1 -21 Flag Number /Approximate Location DAP -1 ■ Approximate Location of Data Point `k h . FWD 1-141 FLAG NUMBERS /INFO WETLAND FLAGS = V1j1/1j1� WB WETLAND FLAGS = .U'&.A.N> 2e NUM STREAM /POND FLAGS Stream Flags = 105 Pond Flags= 66 Wetl Flags = 180 ,and Flags = 351 of, 4-0 M� PA 1 -17 USACE Non - Jurisdictional Pond. DWR- Isolated Man -made Pond WC 1 -38 DP -1 ■ DP SBC1 -6 w �� SBA 1 -47 Alamance County GIS 2010 Aerial Photograph and ECS Field Notes Approximate Scale: 1" = 300' F ` SB 1 -10 VV�� PB 1 -49 USACE Al Jurisdictional Pond :: WB :' FIGURE 3A VERIFICATION MAP Minnie Solar Farm Lindley Mill Road Alamance County, North Carolina ECS Project 09- 22747 -C