20240399 Ver 1_ePCN Application_20240306

DW R
DHlsloo of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
October 2, 2023 Ver 4.3
Initial Review
Has this project met the requirements for acceptance in to the review process?
Yes No
Is this project a public transportation project?*
Yes No
Change only If needed.
Does this project involve maintenance dredging funded by the Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund or involve the distribution or transmission of energy or
fuel, including natural gas, diesel, petroleum, or electricity?
Yes No
BIMS # Assigned Version# *
20240399 1
Is a payment required for this project?*
No payment required
What amount is owed?*
Fee received
$240.00 $570.00
Fee needed - send electronic notification
$323.00 $767.00
Reviewing Office*
Select Project Reviewer*
Mooresville Regional Office - [phone]
Andrew Pitner:andrew.pitner
Information for Initial Review
la. Name of project:
Hornet Solar Project
la. Who is the Primary Contact?*
Randy Musselwhite
1b. Primary Contact Email:*
[e-mail]
Date Submitted
3/6/2024
Nearest Body of Water
Killian Creek; Leepers Creek
Basin
Catawba
Water Classification
C; C
Site Coordinates
Latitude:
35.403750
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Gaston
Lincoln
Is this a NCDMS Project
Yes No
Longitude:
-81.029879
1c. Primary Contact Phone:*
[phone]

Is this project a public transportation project?*
Yes No
1a.Type(s)of approval sought from the Corps:
Section 404 Permit (wetlands, streams and waters, Clean Water Act)
Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
Yes
No
1b. What type(s) of permit(s) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number: 14 - Linear transportation
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
401 Water Quality Certification - Express
Riparian Buffer Authorization
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification: Yes No
For the record only for Corps Permit: Yes No
1f. Is this an after -the -fact permit application? *
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1h. Is the project located in any of NC's twenty coastal counties?
Yes No
1j. Is the project located in a designated trout watershed?
Yes No
B. Applicant Information
1d. Who is applying for the permit?
Owner Applicant (other than owner)
le. Is there an Agent/Consultant for this project?
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
Capital Power Corporation (under long-term lease contract)
2b. Deed book and page no.:
2c. Contact Person:
Randy Musselwhite

2d. Address
Street Address
155 Federal Street
Address Line 2
Suite 1200, 12th Floor
city
Boston
Postal / Zip Code
02110
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Randy Musselwhite
3b. Business Name:
Capital Power Corporation (Leasee)
3c.Address
Street Address
155 Federal Street
Address Line 2
Suite 1200, 12th Floor
city
Boston
Postal / Zip Code
02110
3d. Telephone Number:
[phone]
3f. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Brandon Wyatt, WPIT
4b. Business Name:
Kimley-Horn
4c.Address
Street Address
421 Fayetteville Street
Address Line 2
Suite 600
city
Raleigh
Postal / Zip Code
27604
4d. Telephone Number:
[phone]
0. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Lowesville
State / Province / Region
Massachusetts
Country
United States
2f. Fax Number:
State / Province / Region
Massachusetts
Country
United States
3e. Fax Number:
State / Province / Region
North Carolina
Country
United States
4e. Fax Number:
O
2. Project Identification

2a. Property Identification Number:
2b. Property size:
1178
2c. Project Address
Street Address
Address Line 2
City
Postal / Zip Code
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Killian Creek; Leepers Creek
3b. Water Resources Classification of nearest receiving water:"
C; C
3c. What river basin(s) is your project located in?"
Catawba
3d. Please provide the 12-digit HUC in which the project is located.
030501011302;030501011303
4. Project Description and History
State / Province / Region
Country
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: x
The Site is situated west of Lucia Riverbend Highway, south of Old Plank Road, and east of Leepers Creek in Lowesville, Lincoln and Gaston Counties, North Carolina. Land use in the
project vicinity is largely composed of agricultural land fragmented by undeveloped riparian corridors and single-family residential properties. Land use within the Site boundary is
composed primarily of planted pine stands, mixed -hardwood riparian corridors, and multiple agriculture fields. The planted pine stands within the Site range from an estimated 5- to 30-
years in age. Unimproved forestry roads are present throughout the Site and multiple overhead powerlines and easements transect the Site. Further, the Project is also transected north to
south by Killian Creek.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?
Yes No Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
4g. List the total estimated linear feet of all existing streams on the property:
4h. Explain the purpose of the proposed project:
The purpose of the proposed Project is to construct a utility -scale solar farm between Lucia Riverbend Highway and Leepers Creek to provide renewable energy for the surrounding
electrical grid.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: x
The Project proposes to construct a solar photovoltaic generation facility, which includes the installation of solar panel arrays, the construction of several interior access roads, and the
construction of a new substation. The Site has been historically used for silvicultural and agricultural production, and existing interior roads will be utilized to the extent practicable, however
impacts associated with improvements to an existing stream crossing and one new wetland crossing will result from the proposed Project. Typical site development construction equipment
will be utilized including dump trucks, graders, bulldozers, cranes, and excavators.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?"
Yes No G Unknown
Comments:
The Site was previously delineated by Pilot Environmental, Inc. and a Preliminary Jurisdictional
Determination for the Site was issued by Catherine Janiczak of the US Army Corps of Engineers
(USACE) on March 23, 2020 (SAW-2019-02461).
5b. If the Corps made a jurisdictional determination, what type of determination was made?
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
SAW-2019-02461
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company: Pilot Environmental, Inc.
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
A Preliminary Jurisdictional Determination for the Site was issued by Catherine Janiczak of the USACE on March 23, 2020 (USAGE SAW-2019-02461).
6. Future Project Plans

6a. Is this a phased project?*
Yes No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries Buffers
Open Waters Pond Construction
2. Wetland Impacts
O
W1
Reason (?)
Culvert
2b. Impact type*(')
P
2c. Type of W. *
Bottomland Hardwood Forest
2d. W. name
Wetland CWI
2e. Forested"
Yes
2f. Type of Jurisdicition *
(?)
Both
2g• Impact
area
0.050
(acres)
ff7]
Culvert ��T
Bottomland Hardwood Forest
Wetland CWI
Yes
Both
0.006
(acres)
2g. Total Temporary Wetland Impact
0.006
2g. Total Wetland Impact
0.056
2g. Total Permanent Wetland Impact
0.050
2i. Comments:
The project proposes an internal road crossing within the Site which is necessary to access the substation near the southeastern portion of the Site
(Impact Site 1). Permanent wetland impacts will occur as a result of the proposed culvert installation and the installation of riprap outlet protection to
prevent scour in the wetland. Temporary impacts to wetland CWI will result from the temporary construction necessary to install the proposed culvert and
riprap. All temporary wetland impacts will be returned to pre -construction conditions upon completion of the construction.
3. Stream Impacts
F I
S1
3a. Reason for impact (?)
Culvert/Road Crossing
3b.lmpact type*
Permanent
3c. Type of impact*
Culvert
3d. S. name*
Stream DSK
3e. Stream Type*
?)
Perennial
3f. Type of
Jurisdiction*
Both
3g. S. width
10
Aveage (feet)
3h. Impact
length*
12
(linear feet)
S2
Other
Tem ora
P rY
Culvert
Stream DSK
Perennial
Both
10
Average (feet)
30
(linear feet)
31. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts: 3i. Total temporary stream impacts:
12 30
31. Total stream and ditch impacts:
42
3j. Comments:
The project proposes improvements to an existing internal road crossing within the Site which is necessary to access the solar array in the northeastern
portion of the Site (Impact Site 2). Permanent stream impacts will occur as a result of the proposed culvert improvements and the installation of keyed -in
riprap outlet protection along the stream bed/banks. Temporary impacts to stream DSK will result from the temporary construction necessary to install
the proposed culvert improvements and riprap. All temporary stream impacts will be returned to pre -construction contours and revegetated upon
completion of the construction.
E. Impact Justification and Mitigation O
1. Avoidance and Minimization

1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Impacts to streams and wetlands within the project area have been avoided and minimized to the greatest extent practicable by intentional design. The
Project will utilize existing roads where feasible, however improvements will be needed to an existing stream crossing along stream DSK to provide safer
and improved access to the proposed solar array located in the northeastern portion of the Site (Impact Site 2), and one new road crossing along
wetland CWI is necessary to access the proposed substation (Impact Site 1). Impacts to stream DSK and wetland CWI were minimized by aligning the
access road crossings over the features to be as close to perpendicular as possible. The roadway fill slopes have been designed at a 2:1 grade within
jurisdictional resources to reduce the overall impact footprint. Additionally, the proposed culverts in stream DSK will be buried to allow for the movement
of aquatic species, and the proposed culverts in wetland CWI will be at grade level to accommodate high water flow and movement. Furthermore, a
headwall along both the downstream and upstream sides of streams DSK have been proposed to reduce culvert length and reduce stream impacts.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Impacts to streams within the project area will be minimized to the extent practical throughout the construction process by avoiding stream and wetland
features with equipment, materials, and access corridors whenever possible. Where feasible, staging and construction access routes will be located in
upland areas throughout the study area, and silt fencing will be installed around the permitted limits of disturbance to ensure all equipment is located
within the permitted areas. Sediment control measures will be used to reduce stormwater impacts to receiving waters and minimize runoff from the
construction sites.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
Yes No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
Compensatory mitigation is not proposed as part of this application due to minimal permanent impacts to streams (<0.02 acre) and wetlands (<0.1 acre) resulting from the proposed
Project. Additionally, temporarily disturbed areas will be returned to pre -construction contours after completion of the Project.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes No
If no, explain why:
The project is located outside of any North Carolina Riparian Buffer Areas, and therefore, not subject to any of the NC Riparian Buffer Rules.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?
Yes No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
Yes No
Comments:
Stormwater will not be substantially increased as a result of the proposed project. Stormwater management within the Site will be controlled by improvements to the land cover within the
Site. During construction, the use of temporary sediment basins and temporary skimmer basins will be used.
G. Supplementary Information
1. Environmental Documentation
1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? *
Yes No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)? *
Yes No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality? *
Yes No
3b. If you answered "no," provide a short narrative description.
No additional or cumulative impacts are anticipated due to the construction of the proposed project.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project? *
Q
u
Q
Yes No N/A

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
Yes No
5d. Is another Federal agency involved?*
Yes No
5e. Is this a DOT project located within Division's 1-8?
Yes No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
Yes No
5g. Does this project involve bridge maintenance or removal?
Yes No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
Yes No
Unknown
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
As of January 30, 2024, the US Fish and Wildlife Service (USFWS) Information for Planning and Consulting (IPaC) tool lists five species with potential to
occur within the project vicinity. The bald eagle (Haliaeetus leucocephalus) also has potential to occur in the project vicinity and is protected under the
Bald and Golden Eagle Protection Act (BGPA). Kimley-Horn reviewed the NC Natural Heritage Program (NCNHP) element occurrence database
(updated January 2024) to determine if there are any known occurrences of federally protected species in the project study area or its vicinity. The
NCNHP database records indicate that there are no known occurrences of federally protected species in the project study area. However, the NCNHP
database records indicate that there is one known occurrence of Michaux's sumac within 1.0 of the project study area.
A desktop-GIS assessment of the project study area, as well as the area within 1.13-mile radius (1.0 mile plus 660 feet) of the project limits was
performed in January 2024 using 2021 color aerials. Multiple water bodies large enough or sufficiently open to be considered potential feeding sources
were identified. A review of the NCNHP records (updated January 2024) indicates no known individual occurences of the bald eagle in or within 1.0 mile
of the project study area. Due to the lack of known occurences within the project vicinity, it has been determined that the proposed project is unlikely to
disturb nesting bald eagles.
On September 14, 2022, the USFWS announced a proposal to list the tricolored bat (Perimyotis subflavus -PESU) as endangered under the
Endangered Species Act. Given the proposal to list PESU as Federally Endangered, NCDOT and its federal partners, the Federal Highway
Administration (FHWA) and the USACE, are initiating a conference programmatic consultation to address impacts to this species. The USFWS has not
provided an official effective listing date. A review of the NCNHP database records (updated January 2024) indicates that there are no known
occurrences of the tricolored bat in or within 1.0 mile of the project study area. Section 7 consultation is not required for species that are proposed for
listing. If listed, the Client will coordinate with the USFWS to resolve Section 7 as appropriate.
Potentially suitable habitat for the bog turtle is not present within the study area. Bog turtle habitat consists of open, groundwater supplied (springfed),
graminoid dominated wetlands along riparian corridors or on seepage slopes. These habitats are designated as mountain bogs by the NCNHP, but they
are technically poor, moderate, or rich fens that may be associated with wet pastures and old drainage ditches that have saturated muddy substrates
with open canopies. A review of the NCNHP database records (updated January 2024) indicates there are no known occurrences of the bog turtle in or
within 1.0 mile of the study area. Additionally, the bog turtle is threatened due to similarity of appearance only, therefore, Section 7 consultation is not
required.
Potentially suitable habitat for the dwarf -flowered heartleaf (Hexastylis naniflora) is present within the project study area. Pedestrian surveys were
conducted by Kimley-Horn on March 1, 2023. No species were observed at Impact Site 1, however, a species of Hexastylis sp. were observed as close
as approximately 25 feet on the western portion of Impact Site 2. As a result, Impact Site 2 was intentionally shifted east to avoid this potential area of
Hexastylis sp. species. A review of the NCNHP database records (updated January 2024) indicates there are no known occurrences of Hexastylis
naniflora in or within 1.0 mile of the project study area. Due to the shift in the design of Impact Site 2 and the lack of known occurrences, it has been
determined that the proposed project will have "No Effect" on the dwarf -flowered heartleaf.
Michaux's sumac is a plant that prefers sandy or rocky open communities. The plant survives best in areas where some form of disturbance has
provided an open area (i.e. highway rights -of-ways, roadsides, or on the edges of artificially maintained clearings). Forested edges within the project
study area were too overgrown and shaded at Impact Site 1 and Impact Site 2 to provide suitable habitat. A review of the NCNHP database records
(updated January 2024) indicates there are no known occurrences of Michaux's sumac within the project study area. Due to the lack of suitable habitat
and the lack of known occurrences within the project study area, it has been determined that the proposed project will have "No Effect" on the Michaux's
sumac.
Schweinitiz's sunflower typically occurs in full to partial sun and is found in areas with poor soils, such as thin clays that vary from wet to dry. Forested
edges within the project study area were too overgrown and shaded at Impact Site 1 and Impact Site 2 to provide suitable habitat. A review of the
NCNHP database records (updated January 2024) indicates there are no known occurrences of Schweinitz's sunflower in or within 1.0 mile of the
project study area. Due to the lack of suitable habitat and the lack of known occurrences, it has been determined
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat? *
Yes No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? *
The NOAA Essential Fish Habitat Mapper was reviewed on January 30, 2024. No essential fish habitat was identified within the project site or within the
vicinity of the project.

7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status? *
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources? *
A review of the State Historic Preservation Office (NCSHPO) HPOWEB GIS Service database performed on February 5, 2024 identified no national
register, study list, or determined eligible sites within the project study area. However, one National Register (NR), one Study List Determined Eligible
(SLDOE), and three Determined Eligible (DOE), historic sites were identified within 1.0 mile of the project study area.
The "Andrew Carpenter House" (GS0013) is an 1836 Federal 2-story frame house historic site that was listed as a National Register site in 1983. The
historic site is located approximately 0.92 miles south of the Site on Alexis Lucia Road. The Andrew Carpenter House is separated from the Site by
undeveloped forestland and agricultural fields, and due to this separation, is not likely to be impacted by the proposed project.
The "Dr. Sidney X. Johnston House" (GS0276) is an 1835 2 1/2-story double -pile Federal/Greek Revival frame house w/ two interior chimneys and early
20th century 1-story hip kitchen historic site that was Determined Eligible in 1993. The historic site is located approximately 0.39 miles east of the Site on
Starcrest Drive. The Dr. Sidney X. Johnston House is separated from the Site by single-family residential properties, undeveloped forestland, and
developed roadways, and due to this separation, is not likely to be impacted by the proposed project.
The "Castanea Presbyterian Church Cemetery" (GS0021) is a cemetery that was Determined Eligible in 1993. The historic site is located approximately
0.35 miles east of the Site on Lucia Riverbend Highway. The Castanea Presbyterian Church Cemetery is separated from the Site by single-family
residential and commercial properties, undeveloped forestland, and developed roadways, and due to this separation, is not likely to be impacted by the
proposed project.
The "Kincaid Family House" (LN0540) is a 1907 2-story side gable frame Colonial Revival house with three hip roof dormers above a 1-story hip roof
front porch that was Determined Eligible in 1993. The historic site is located approximately 0.42 miles northeast of the Site on Lucia Riverbend Highway.
The Kincaid Family House is separated from the Site by undeveloped forestland and agricultural fields, and due to this separation, is not likely to be
impacted by the proposed project.
The "Mariposa Road Bridge" (LN0573) is a 1912 pin -connected Pratt thru truss (DOT 540022) that was
Determined Eligible in 1979 and Study Listed in 2008. The historic site is located approximately 0.82 miles northwest of the Site on Mariposa Road. The
Mariposa Road Bridge is separated from the Site by undeveloped forestland and agricultural fields, single-family residential proerties, and Leepers
Creek, and due to this separation, is not likely to be impacted by the proposed project.
Due to the lack of known historic resources within the project study area, as indicated by the NCSHPO
HPOWEB, it is anticipated that the proposed project will have no impact on any known cultural or historical resources.
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:
The proposed stream and wetland crossings are not located in FEMA regulated floodplains. However,
development within the FEMA regulated floodplain along Leepers Creek and Killian Creek is proposed. A floodplain development permit will be applied
for and issued by Lincoln County and Gaston County prior to construction.
8c. What source(s) did you use to make the floodplain determination?"
The FEMA Digital Flood Insurance Rate Map (DFIRM) panels 3710369000K (effective September 28, 2007), 3710369100J (effective August 16, 2007),
and 3710368100J (effective August 16, 2007) indicate there are 1 % Annual Flood Hazards (Zone A) within the project study area along Leepers Creek
and Killian Creek. No FEMA regulated floodways are located within the project study area.
Miscellaneous
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when
possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
Click the upload button or drag and drop files here to attach document
HornetSolar_NWP_14_20240306.pdf
14.86MB
07a_2023-04-02_PV_HornetSolarCheckset-reduced.pdf
170.82MB
07b_2023-02-17_Substation_HornetSolarCheckSet.pdf
75.47MB
07c_2024-02-13_HometSolar_Culverts.pdf
1.32MB
File must be PDF or KMZ
Comments
Signature O
By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• I have given true, accurate, and complete information on this form;
• I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
• I intend to electronically sign and submit the PCN form.

Full Name:
Brandon Wyatt
Signature
Date
3/6/2024