20150705 Ver 2_More Info Received_20151020

Homewood, Sue
From: Brad Luckey <bluckey @pilotenviro com>
Sent: Tuesday, October 20, 2015 12 46 PM
To: Bailey, David E SAW, Homewood, Sue
Subject: RE Minnie solar farm - request for more information (UNCLASSIFIED)
Attachments: 09- 03 -03- Corrected PCN_minnie_revised 10 2015 pdf
As requested, see attached revised PCN Let me know if you need anything else Thanks
Sincerely,
Bradley S Luckey
336 708 4997 (c)
336 310 4527 (o)
PO Box 128
Kernersville, NC 27285
www pilotenviro com
bluckey @pilotenviro com
- - - -- Original Message---- -
From Bailey, David E SAW [mailto David E Bailey2 @usace army mil]
Sent Tuesday, October 20, 2015 10 59 AM
To Brad Luckey <bluckey @pilotenviro com >, Homewood, Sue <sue homewood @ncdenr gov>
Subject RE Minnie solar farm - request for more information (UNCLASSIFIED)
Classification UNCLASSIFIED
Caveats NONE
Hi all I'm finally getting caught up on this project The additional changes requested by Sue for the drawing
notwithstanding, please submit a revised PCN (at least the relevant sections that have been updated and the signature
page) to reflect the change in impact proposal? Thanks
-Dave Bailey
David E Bailey, PWS
Regulatory Project Manager
US Army Corps of Engineers
CE- SAW -RG -R
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Phone [phone], Ext 30
Fax [phone]
Email David E Bailey2 @usace army mil
The Wilmington District is committed to providing the highest level of support to the public To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at
http / /corpsmapu usace army mil /cm_apex /f ?p =136 4 0
1

- - - -- Original Message---- -
From Brad Luckey [mailto bluckey @pilotenviro com]
Sent Thursday, October 08, 2015 6 41 PM
To Homewood, Sue, Bailey, David E SAW
Subject [EXTERNAL] FW Minnie solar farm - request for more information
Please find attached revised drawings to address items 2 -4 of DWR hold letter Permanent impacts have increased by ten
feet from initial submittal
Sue -did the last document that I sent over work to address landowner permission and #1 of the hold letter?
Sincerely,
Bradley S Luckey
336 708 4997 (c)
336 310 4527 (o)
PO Box 128
Kernersville, NC 27285
Blockedwww pilotenviro com <Blockedhttp //www pilotenviro com />
bluckey @pilotenviro com
From Troy Karski [mailto TKarski @mckimcreed com]
Sent Tuesday, October 6, 2015 4 36 PM
To Brad Luckey <bluckey @pilotenviro com>
Cc Andy Hershberger (a hershberger @conergy com) <a hershberger @conergy com >, Kenny Draffen
<KDraffen @mckimcreed com >, s crivelli @conergy com
Subject RE Minnie solar farm - request for more information
Brad,
Please see attached for the revision to our plan
Please let us know if you need anything else
2

- - p�pk W A TLr�,QG
1. Processing
Office Use Only
Corps action ID no
DWQ project no
Form Version 1 3 Dec 10 2008
Pre - Construction Notification (PCN) Form
A. Applicant Information
1a Type(s) of approval sought from the
®Section 404 Permit El Section 10 Permit
Corps
1 b Specify Nationwide Permit (NWP) number NWP 39 or General Permit (GP) number
1c Has the NWP or GP number been verified by the Corps? ® Yes
1d 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 N Riparian Buffer Authorization
1e Is this notification solely for the record For the record only for DWQ 401
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
1h
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 corn
❑ No
For the record only for Corps Permit
❑ 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 cnvelli @conergy corn
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
Kernersvdle, 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) 150816 & 150815
lb Site coordinates (in decimal degrees) Latitude 35 94947 Longitude - 79 36181
(DD DDDDDD) ( -DD DDDDDD)
1 c Property size 30 acres
2. Surface Waters
2a Name of nearest body of water (stream, river, etc ) to Haw River
proposed project
2b Water Quality Classification of nearest receiving water WS -V, NSW
2c River basin Cape Fear
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 facdtate
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 pasty ®Yes El No El Unknown
Comments USACE /DWR site visit 3/6/14
4b If the Corps made the jurisdictional determination, what type
of determination was made? ®Preliminary E:1 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
Unnamed ® PER
❑ INT
® Corps 4 39/48
❑ DWQ
S2 ❑ P ❑ T
1 Impacts Summary
❑ Corps
❑ INT
1a Which sections were completed below for your project (check all that apply)
S3 ❑ P ❑ T
❑ PER
❑ Wetlands ® Streams - tributaries
® Buffers
❑ INT
❑ DWQ
❑ Open Waters ❑ Pond Construction
❑ PER
❑ Corps
2 Wetland Impacts
❑ DWQ
S5 ❑ P ❑ T
❑ PER
If there are wetland impacts proposed on the site, then complete
this question
for each wetland area impacted
❑ DWQ
2a 2b 2c
2d
2e 2f
Wetland impact
❑ DWQ
Type of jurisdiction
number — Type of impact Type of wetland Forested
(Corps - 404, 10 Area of impact
Permanent (P) or (if known)
impact 48 linear feet of stream channel with
DWQ — non -404, other)
(acres)
Temporary (T)
W1 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W2 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W3 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W4 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W5 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W6 ❑ P ❑ T
❑ Yes
❑ Corps
❑ 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
intermittent
DWQ — non -404, width
(linear
Temporary (T)
(INT)?
other) (feet)
feet)
S1 ®P ®T Culvert/Pump
Around
Unnamed ® PER
❑ INT
® Corps 4 39/48
❑ 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
39/48
31 Comments The proposed culvert replacement will permanently impact
39 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 FIT
03 ❑P ❑T
04 ❑P ❑T
4f. Total open water impacts
4g Comments Open water impacts are not being proposed
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below
5a 5b 5c 5d 5e
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID Proposed use or purpose (acres)
number of pond
Flooded Filled Excavated Flooded Filled Excavated Flooded
P1
P2
5f. Total
5g Comments Construction of ponds /lakes are not being proposed
5h Is a dam high hazard permit required
❑ Yes ❑ No If yes, permit ID no
51 Expected pond surface area (acres)
51 Size of pond watershed (acres)
5k Method of construction
6 Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below If yes, then individually list all buffer impacts
below If any impacts require mitigation, then you MUST fill out Section D of this form
6a
❑ Neuse [] Tar-Pamlico ®Other 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 ® Yes s 1,399 945
B2 ❑ P ❑ T ❑ Yes
❑ No
B3 ❑P ❑T ❑Yes
❑ No
6h Total buffer impacts 1,399 945
61 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
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, 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 2,342 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 sods 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 ❑ Yes ® No
impacts to Waters of the U S or Waters of the State?
2b If yes, mitigation is required by (check all that apply)
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)
❑ 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?
lb 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 protect DOES NOT require a Stormwater Management Plan, explain why Based on the % impervious, a
stormwater management plan is not requned or proposed
2d If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan
❑ Certified Local Government
2e Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program
❑ DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a In which local government's jurisdiction is this project?
❑ Phase II,
3b Which of the following locally - implemented stormwater management programs ❑ NSW
apply (check all that apply) ❑ USMP
❑ Water Supply Watershed
❑ Other
3c Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No
attached?
4. DWQ Stormwater Program Review
❑ Coastal counties
❑ HQW
4a Which of the following state - implemented stormwater management programs apply ❑ ORW
(check all that apply) ❑ Session Law 2006 -246
❑ Other
4b Has the approved Stormwater Management Plan with proof of approval been
attached? ❑ Yes ❑ No
S. DWQ 401 Unit Stormwater Review
5a Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No
5b Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No
Page 9 of 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 protect 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?
5c If yes, indicate the USFWS Field Office you have contacted F-1 Raleigh
❑ 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 protect 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 protect 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 protect as part of a state clearinghouse review of the protect SHPO Letter dated 8/24/12
8. Flood Zone Designation (Corps Requirement)
8a Will this protect occur In a FEMA - designated 100 -year floodplain? ❑ Yes ® No
8b If yes, explain how protect meets FEMA requirements
8c What source(s) did you use to make the floodplain determination? FEMA FIRM 371088900J
Digitally signed by Bradley Luckey
/ DN cn= Bradley 5 Luckey, o =Pilot
i< Environmental, Inc, ou,
Bradley S. Luckey f , AmadZbluckey @pilotenvirocorn,c =US 10 20 15
/1 Date 2015 10 20 12 45 35 - 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 1 1 of 11
PCN Form -Version 1 3 December 10, 2008 Version