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HomeMy WebLinkAbout20240399 Ver 1_HornetSolar_NWP_14_20240306_20240306Capital �� Power March 4, 2024 Mr. Doug Perez U.S. Army Corps of Engineers Charlotte Regulatory Field Office 8430 University Executive Park Drive, Suite 615 Charlotte, NC 28262 Mr. Andrew Pitner NC Division of Water Resources Water Resources — Water Quality Regional Operations Section 610 East Center Avenue, Suite 301 Mooresville, NC 28115 Capital Power Corporation 155 Federal Street, Suite 1200 Boston, Massachusetts 02110 RE: Nationwide Permit 14 Application — Hornet Solar Project (SAW-2019-02461) Gaston County and Lincoln County, North Carolina Dear Mr. Perez and Mr. Pitner: Capital Power Corporation is submitting the attached application for authorization under Nationwide Permit (NWP) #14 for the Hornet Solar Project located in Gaston County and Lincoln County, North Carolina. The Project is proposing the construction of a utility -scale solar farm anticipated to generate 75 MWac within an approximately 1,180-acre Project limit. The Project has been designed to avoid jurisdictional features to the extent practicable, and will utilize existing roads where present. One new road crossing within wetland CWI is necessary to provide access to the proposed substation servicing the Project (Impact Site 1) and improvements will be needed to an existing stream crossing along stream DSK to provide safer and improved access to the proposed solar arrays in the northeastern section of the Site (Impact Site 2). In addition to the two road crossings, the Project proposes one aerial transmission line crossing over stream CSA. No impacts will result from the aerial transmission line crossing. 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). A total of 8.62 acres of wetlands, 45,812 linear feet of streams, and 2.64 acres of open water were identified within the Project area. The proposed crossing at Impact Site 1 will impact one wetland (CWI) located in the southeast portion of the Site. The proposed crossing will impact a total of 0.056 acre of wetland CWI which would include 0.05 acre of permanent wetland impact for culvert and riprap installation and 0.006 acre of temporary wetland impact for construction access. The proposed culvert will be installed at grade to prevent dewatering upstream and facilitate continuous surface connection below the road. The proposed crossing improvements at Impact Site 2 will impact one perennial stream (DSK) located in the northeastern portion of the Site. The proposed crossing improvements will impact a total of 42 linear feet of stream DSK, including 30 linear feet of permanent stream impact (0.007 ac.) for culvert installation and riprap bank stabilization, and 12 linear feet (0.003 ac.) of temporary stream impact for construction access. Capital �� Power 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. To assist with the processing of this application, the following information is included: • ePCN Application Form • Signed Agent Authorization Form • Figures • Preliminary Jurisdictional Determination (SAW-2019-02461) • Permit Impact Drawings • Plan Sheets • NCDWR 401 Application Fee of $323 If there is any additional information you need to assist in the processing of this NWP application, please do not hesitate to contact me or our consultant for the project: Brandon Wyatt at (984) 884-1330 or Brandon.Wyatt@Kimley-Horn.com. Sincerely, Randy Musselwhite Advisor, Environment, Health & Safety cmusselwacapitalpower.com (910) 477-7090 (C) Capital Power Corporation 2 w STA7F w HP o.11II NQ y NORTH CARCLINA Environmental Quality Water Resources Office Use Only Corps Action ID no. [Click to enter.] Date received: [Click to enter.] DWR project no. Dlick enter.] Date received: [Click to enter.] Site Coordinates: Latitude (DD.DDDDDD): 35.403750 Longitude (DD.DDDDDD): 81.029879 Form Version 4.3, April 20, 2022 Pre -Construction Notification (PCN) Form (Ver. 4.2, January 31, 2022)) For Nationwide Permits and Regional General Permits and corresponding Water Quality Certifications Please note: fields marked with a red asterisk are required. The form is not considered complete until all mandatory questions are answered. The PCN help document may be found at this link: httas://edocs.dea. nc.aov/WaterResources/DocView.asax?dbid =0&id=2196924&cr=1 Please ensure you have submitted a pre -filing meeting request at least 30 days prior to submitting this form, as DWR will not be able to accept your application without documentation of this important first step. The Division has developed a Pre -filing Meeting Request email address 401 PreFile(a)ncdenr.clov to accept the federally required pre -filing meeting request and provide confirmation receipt of submittal . This receipt or similar documentation will satisfy 40 C.F.R. Section 121.4(a) which states "At least 30 days prior to submitting a certification request, the project proponent shall request a pre -filing meeting with the certifying agency." In accordance with 40 C.F.R. Section 121.5(b)(7), and (c)(5), all certification requests must include documentation that a pre -filing meeting request was submitted to the certifying authority at least 30 days prior to submitting the certification request. Attach documentation of Pre -Filing Meeting Request to this Application. Date of Pre -filing Meeting Request (MM/DD/YYYY) : 3/28/2023 Page 1 of 25 PCN Form Version 4.3- April 20, 2022 A. Processing Information County (counties) where project is located: * Gaston Lincoln Is this an ARPA project? * ❑ Yes ❑x No If yes, ARPA project number: * The project number can be found on the "Letter of Intent to Fund" (LOIF) or "Offer and Acceptance Letter". If you are unable to locate Click or tap here to enter text. your DWI ARPA Funding Project Number, please contact Corey Basinger at core y. basin gerQ. ncdenr. go v for further assistance. Is this a NCDMS project? * (Click yes only if NCDMS is the applicant or co- ❑ Yes ❑x No applicant) Is this a public transportation project? (Publicly funded municipal, state, or federal road, rail, ❑ Yes ❑x No or airport project) Is this a NCDOT project? * ❑ Yes ❑x No If yes, NCDOT TIP or state project number: Click to enter If yes, NCDOT WBS number: * Click to enter. ❑x Section 404 Permit (wetlands, streams, waters, Clean Water Act) 1 a. Type(s) of approval sought from the Corps: * ❑ Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted? * ❑ Yes ❑x No Please provide the date of the previous submission. * Click to enter a date ❑x Nationwide Permit (NWP) 1 b. What type(s) of permit(s) do you wish to seek * El Regional General Permit (RGP) authorization? ❑ Standard (IP) This form may be used to initiate the standard/ individual permit process with the USACE. Please contact your Corps representative concerning submittals for standard permits. All required items can be included as attachments and submitted with this form. 1 C. Has the NWP or GP number been verified by the Corps? * ❑ Yes ❑x No NWP number(s) (list all numbers ): 14 RGP number(s) (list all numbers ): Are you a federal applicant? ❑ Yes ❑x No If yes, please provide a statement concerning compliance with the Coastal Zone Management Act 1 d. Type(s) of approval sought from DWR (check all that apply): * ❑x 401 Water Quality Certification — Regular ❑ 401 Water Quality Certification— Express ❑ Non-404 Jurisdictional General Permit ❑ Riparian Buffer Authorization ❑ Individual 401 Water Quality Certification Is this a courtesy copy notification ❑ Yes ❑x No Page 2 of 25 PCN Form Version 4.3- April 20, 2022 1 e. Is this notification solely for the record because written approval is not required? * For the record only for DWR 401 Certification: * ❑ Yes ❑x No For the record only for Corps Permit: * ❑ Yes ❑x No 1 f. Is this an after -the -fact permit/certification application? * ❑ Yes ❑x No 1 g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? ❑ Yes ❑ No If yes, attach the acceptance letter from mitigation bank or in -lieu fee program. 1 h. Is the project located in any of NC's twenty coastal counties? * ❑ Yes ❑x No 1 i. Is the project located within an NC DCM Area of Environmental Concern (AEC)? * ❑ Yes ❑x No ❑ Unknown 1j. Is the project located in a designated trout watershed? * ❑ Yes ❑x No If yes, you must attach a copy of the approval letter from the appropriate Wildlife Resource Commission Office. Trout information may be found at this link: htti)://www.saw.usace.army.mil/Missions/Regulatory-Permit- Program/Agency-Coordination/Trout.asi) Page 3 of 25 PCN Form Version 4.3- April 20, 2022 B. Applicant Information 1 a. Who is the primary contact? * Randy Musselwhite 1 b. Primary Contact Email: * cmusselw@capitalpower.com 1 c. Primary Contact Phone: * (###)###-#1### (910)477-7090 1 d. Who is applying for the permit/certification? * (check all that apply) ❑ Owner ❑x Applicant (other than owner) 1 e. Is there an agent/consultant for this project?* ® Yes ❑ No 2. Landowner Information 2a. Name(s) on Recorded Deed: * Capital Power Corporation (under long-term lease contract) 2b. Deed Book and Page No.: 2c. Contact Person (for corporations): Randy Musselwhite 2d. Address * Street Address: 155 Federal Street Address line 2: Suite 1200, 12th Floor City: Boston State/ Province/ Region: Massachusetts Postal/ Zip Code: 02110 Country: United States 2e. Telephone Number: * (###)###-#1### (910)477-7090 2f. Fax Number: (###)###-#1### Click to ente 2g. Email Address: * cmusselw@capitalpower.com 3. Applicant Information (if different from owner) 3a. Name: * Randy Musselwhite 3b. Business Name (if applicable): Capital Power Corporation (Leasee) 3c. Address: * Street Address: 155 Federal Street Address line 2: Suite 1200, 12th Floor City: Boston State/ Province/ Region: Massachusetts Postal/ Zip Code: 02110 Country United States 3d. Telephone Number: * (###)###-#1### (910)477-7090 3e Fax Number: (###)###-#1### Click to enter. Page 4 of 25 PCN Form Version 4.3- April 20, 2022 3f. Email Address: * cmusselw@capitalpower.com 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 State/ Province/ Region: North Carolina Postal/ Zip Code: 27601 Country: United States 4d. Telephone Number: * (###)###-#1### (984)884-1330 4e Fax Number: (###)###-#1### Click to ente 4f. Email Address: * Brandon.Wyatt@kimley-horn.com Agent Authorization Letter:* Attach a completed/signed agent authorization form or letter. A sample form may be found at this link: htti)s://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Permits/2017-Nationwide-Permits/Pre- construction-Notification/ Page 5 of 25 PCN Form Version 4.3- April 20, 2022 C. Project Information and Prior Project History 1. Project Information 1 a. Name of project: * Hornet Solar Project 1 b. Subdivision name (if appropriate): Click to enter. 1 c. Nearest municipality/town: * Lowesville 2. Project Identification 2a. Property identification number (tax PIN or parcel ID): Click to enter. 2b. Property size (in acres): 1,178 2c. Project Address: Street Address: Click to enter. Address line 2: Click to enter. City: Click to enter. State/ Province/ Region: Click to enter. Postal/ Zip Code: Click to enter. Country: Click to enter. 2d. Site coordinates in decimal degrees (using 4-6 digits after the decimal point): * Latitude (DD.DDDDDD): * 35.403750 Longitude (-DD.DDDDDD): *-81.029879 3. Surface Waters 3a. Name of nearest body of water to proposed project: * Killian Creek; Leepers Creek 3b. Water Resources Classification of nearest receiving C; C water: * The Surface Water Classification map may be found at this link: htti)s://ncdenr.mai)s.arcgis.com/apes/webappviewer/index.html?id=6el 25ad7628f494694e259c80dd64265 Catawba 3c. In what river basin(s) is your project located? * Choose additional (if needed) 3d. Please provide the 12-digit HUC in which the project is 030501011302; 030501011303 located: The Find Your HUC map may be found at this link: htti)s://ncdenr.maps.arcqis.com/apes/Publiclnformation/index.html?appid=ad3a85aOc6d644aOb97cdO69db238ac3 Page 6 of 25 PCN Form Version 4.3- April 20, 2022 4. Project Description and History 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: * 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 ❑ Yes ❑x No ❑ Unknown project (including all prior phases) in the past? * If yes, please give the DWR Certification number and/or Corps [Click to enter.] Action ID (ex. SAW-0000-00000): jClick to enter.] Attach any pertinent project history documentation 4b2. Is any portion of the work already complete? * ❑ Yes ❑x No If yes, describe the completed work. Click to enter text. 4c. List of other certifications or approvals/denials received from other federal, state or local agencies for work described in this application not related to the 404 or 401. Click to enter text. 4d. Attach an 8'h x 11" excerpt from the most recent version of the USGS topographic map indicating the location of the project site. 4e. Attach an 8'h x 11" excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. 4f. List the total estimated acreage of all existing wetlands on the 8.62 acres property: 4g. List the total estimated linear feet of all existing streams (intermittent 45,812 linear feet and perennial) on the property: 4g1. List the total estimated acreage of all existing open waters on the 2.64 acres 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 the type of equipment to be used: * 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. 4j. Attach project drawings/site diagrams/depictions of impact areas for the proposed project. 4k. Will this activity involve dredging in wetlands or waters? * ❑ Yes ❑x No If yes, describe the type of dredging, the composition of the dredged material, and the locations of disposal area. Click to enter text. Page 7 of 25 PCN Form Version 4.3- April 20, 2022 Page 8 of 25 PCN Form Version 4.3- April 20, 2022 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or in ® Yes ❑ No ❑ Unknown proposed impact areas? 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, ❑x Preliminary ❑ Approved ❑ Emailed concurrence what type of determination was made? * ❑ Not Verified ❑ Unknown ❑ n/a Corps AID number (ex. SAW-0000-00000): SAW-2019-02461 Name (if known): Click to enter. 5c. If 5a is yes, who delineated the jurisdictional Agency/Consultant Company: Pilot Environmental, Inc. areas? Other: Click to enter. 5d. List the dates of the Corps jurisdictional determination or State determination if a determination was made by either agency. A Preliminary Jurisdictional Determination for the Site was issued by Catherine Janiczak of the USACE on March 23, 2020 (USACE SAW-2019-02461). 5d1. Attach jurisdictional determinations. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ❑x No 6b. If yes, explain. Click to enter. Are any other NWP(s), regional general permit(s), or individual permit(s) used, or intended to be used, to authorize any part of the proposed project or related activity? This includes other separate and distant crossings for linear projects that require Department of the Army authorization but don't require pre -construction notification. Click to enter. 7. Addresses of adjoining property owners, lessees, etc. whose property adjoins the waterbody (if more than can be entered here, please attach a supplemental list) Click to enter. 8. Scheduling of activity: Click to enter. Page 9 of 25 PCN Form Version 4.3- April 20, 2022 D. Proposed Impacts Inventory 1. Impacts Summary ❑x Wetlands 1 a. Where are the impacts associated with your project ❑ Buffers (check all that apply): ❑ Pond Construction ❑x Streams - tributaries ❑ Open Waters 2. Wetland Impacts If there are wetland impacts proposed on the site, complete this table for each wetland area impacted. 2a. Site #* 2a1. Impact Reason/Type* 2b. Impact Duration* 2c. Wetland Type* 2d. Wetland Name* 2e. Forested ?* 2f. Jurisdiction Type* 2g. Impact Area (ac)* W1 Culvert Permanent Bottomland Hardwood Forest Wetland CWI Yes Both 0.05 W2 Culvert Temporary Bottomland Hardwood Forest Wetland CWI Yes Both 0.006 W3 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W4 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W5 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W6 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W7 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W8 Choose one "emp/ Perm Choose one Click to enter Y/N Choose one Click to enter W9 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W10 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W11 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W12 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W13 Choose one emp/ Perm Choose one Click to enter Y/N Choose one Click to enter W14 Choose one emp/ Perm Choose one Click to enter Y/N Choose one Click to enter W15 Choose one emp/ Perm Choose one Click to enter Y/N Choose one Click to enter 2g1. Total temporary wetland impacts 0.006 ac 2g2. Total permanent wetland impacts 0.05 ac 2g3. Total wetland impacts 0.056 ac 2h. Type(s) of material being discharged and the amount of each type in cubic yards: Click to enter text. Page 10 of 25 PCN Form Version 4.3- April 20, 2022 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. Page 11 of 25 PCN Form Version 4.3- April 20, 2022 3. Stream Impacts If there are perennial or intermittent stream/ tributary impacts (including temporary impacts) proposed on the site, complete this table for all stream/ tributary sites impacted. ** All Perennial or Intermittent streams must be verified by DWR or delegated local government Site #* 3a Impact Reason* 3b. Impact Duration* 3c. Impact Type* 3d. Stream Name* 3e. Stream Type* 3f. Jurisdiction Type* 3g. Stream Width (avg ft) * 3h. Impact length (linear ft) S1 Culvert/Road Crossing Permanent Crossing/ Culvert Stream DSK Perennial Both 9.5 12 S2 Other Temporary Crossing/ Culvert Stream DSK Perennial Both 9.5 30 S3 Click to enter Temp/ Perm Choose one Click to enter PE nt Choose one Click to enter Click to enter S4 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S5 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S6 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S7 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S8 slick to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S9 ;lick to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S10 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S11 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S12 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S13 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S14 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S15 7,lick to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S16 ;lick to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S17 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S18 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S19 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S20 Click to enter imp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter 3i1. Total jurisdictional ditch impact: 0 linear ft 3i2. Total permanent stream impacts: 30 linear ft M. Total temporary stream impacts: 12 linear ft 3i4. Total stream and ditch impacts: 42 linear ft Page 12 of 25 PCN Form Version 4.3- April 20, 2022 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. Page 13 of 25 PCN Form Version 4.3- April 20, 2022 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., individually list all open water impacts in the table below. 4a. Site #* 4a1. Impact Reason 4b. Impact Duration* 4c. Waterbody Name* 4d. Activity Type* 4e. Waterbody Type* 4f. Impact area (ac)* 01 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 02 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 03 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 04 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 05 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 4g. Total temporary open water impacts Click to enter. ac 4g. Total permanent open water impacts Click to enter. ac 4g. Total open water impacts Click to enter ac 4h. Comments: No open water will be impacted as part of the proposed project. 5. Pond or Lake Construction If pond or lake construction is proposed, complete the table below. (*This does NOT include offline stormwater management ponds.) 5a. 5b. 5c. 5d. 5e. Pond ID Proposed use or Wetland Impacts (ac) Stream Impacts (ft) Upland # purpose of pond Impacts (ac) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one Click to Click to Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. enter. P2 Choose one Click to Click to Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. enter. P3 Choose one Click to Click to Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. enter. 5f. Total Click to Click to Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. enter. 5g. Comments: No pond or lake construction is associated with the proposed project. 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no.: Click to enter. 5i. Expected pond surface area (acres): Click to enter. 5j. Size of pond watershed (acres): Click to enter. 5k. Method of construction: Click to enter. Page 14 of 25 PCN Form Version 4.3- April 20, 2022 6. Buffer Impacts (DWR requirement) If project will impact a protected riparian buffer, then complete the chart below. Individually list all buffer impacts. 6a. Project is in which protected basin(s)? * (Check all that apply.) ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Jordan ❑ Goose Creek ❑ Randleman ❑ Other: ;lick to enter Site #* 6b. Impact Type* 6c. Impact Duration* 6d. Stream Name* 6e. Buffer Mitigation Required?* 6f. Zone 1 Impact* (sq ft) 6g. Zone 2 Impact* (sq ft) 131 Choose one Temp/ Perm Click to enter. Click to enter. Click to enter 132 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter 133 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to ente 134 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 135 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 136 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. 137 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. 138 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. 139 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B10 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. 1311 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B12 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B13 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B14 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B15 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B16 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B17 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B18 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B19 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B20 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. 6h. Total temporary impacts: Zone 1: Click to enter sq ft Zone 2: Click to enter. sq ft 6h. Total permanent impacts: Zone 1: Click to enter. sq ft Zone 2: Click to enter. sq ft 6h. Total combined buffer impacts: Zone 1: Click to enter. sq ft Zone 2: Click to enter. sq ft 6i. Comments: No riparian buffers will be impacted as part of the proposed project. Please attach supporting documentation (impact maps, plan sheets, etc.) for the proposed project. Page 15 of 25 PCN Form Version 4.3- April 20, 2022 E. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts through project design: 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. 1 b. Specifically describe measures taken to avoid or minimize 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., Waters of the State, or Riparian Buffers 2a. If compensatory mitigation is required, by whom is it required? * ❑ DWR ❑ Corps (check all that apply) 2b. If yes, which mitigation option(s) will be used for this ❑ Mitigation Bank project? * (check all that apply) ❑ In Lieu Fee Program ❑ Permittee Responsible Mitigation 3. Complete if using a Mitigation Bank (Must satisfy NC General Statute143-214.11 (d1).) 3a. Name of mitigation bank: Click to enter. 3b. Credits purchased/requested: Type: Choose one Quantity ;lick to enter. Type: Choose one Quantity Click to enter. Type: Choose one Quantity ;lick to enter. Attach receipt and/or approval letter. 3c. Comments: 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. 4. Complete if Using an In Lieu Fee Program 4a. Attach approval letter from in lieu fee program. Page 16 of 25 PCN Form Version 4.3- April 20, 2022 4b. Stream mitigation requested: Click to enter. linear feet 4c. If using stream mitigation, what is the stream temperature: Choose one NC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington District's RIBITS website: (Please use the filter and select Wilmington district) htti)s://ribits.usace.army.mil/ribits apex/f?i)=107:27:2734709611497::NO:RP:P27 BUTTON KEY:O 4d. Buffer mitigation requested (DWR only): Click to enter square feet 4e. Riparian wetland mitigation requested: Click to enter acres 4f. Non -riparian wetland mitigation requested: Click to enter acres 4g. Coastal (tidal) wetland mitigation requested: Click to enter acres 4h. Comments: Click to enter. 5. Complete if Providing a Permittee Responsible Mitigation Plan 5a. If proposing a permittee responsible mitigation plan, provide a description of the proposed mitigation plan, including mitigation credits generated. Click to enter. 5b. Attach mitigation plan/documentation. 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — DWR requirement 6a. Will the project result in an impact within a protected riparian buffer ❑ Yes ❑ No that requires buffer mitigation? If yes, please complete this entire section — please contact DWR for more information. 6b. If yes, identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required in the table below. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 Click to enter. Click to enter. Choose one Click to enter. Zone 2 Click to enter. Click to enter. Choose one Click to enter. 6f. Total buffer mitigation required Click to enter. 6g. If buffer mitigation is required, is payment to a mitigation bank or Fpyes El No NC Division of Mitigation Services proposed? 6h. If yes, attach the acceptance letter from the mitigation bank or NC Division of Mitigation Services. 6i. Comments: No riparian buffers will be impacted as part of the proposed project; therefore, no buffer mitigation is required for the proposed project. Page 17 of 25 PCN Form Version 4.3- April 20, 2022 F. Stormwater Management and Diffuse Flow Plan (DWR requirement) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers ❑ Yes ❑x No identified within one of the NC Riparian Buffer Protection Rules? 1 b. All buffer impacts and high ground impacts require diffuse flow or other form of stormwater treatment. If the project is subject to a state implemented riparian buffer protection program, include a plan that fully documents how diffuse/dispersed flow will be maintained. All Stormwater Control Measures (SCM) must be designed in accordance with the NC Stormwater Design Manual (htti)s://deci.nc.ciov/about/divisions/energv-mineral-land-resources/energv-mineral-land-i)ermit- quidance/stormwater-bmp-manual). Associated supplement forms and other documentation must be provided. ❑ Level Spreader What Type of SCM are you ❑ Vegetated Conveyance (lower seasonal high water table- SHWT) providing? ❑ Wetland Swale (higher SHWT) (Check all that apply) ❑ Other SCM that removes minimum 30% nitrogen ❑x Proposed project will not create concentrated stormwater flow through the buffer For a list of options to meet the diffuse flow requirements, click here. Attach diffuse flow documentation. 2. Stormwater Management Plan 2a. Is this an NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? * ❑ Yes ❑x No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? * ❑x Yes El No To look up low density requirements, click here: http://reports.oah. state. nc.us/ncac/title%2015a%20-%20environmental%20guality/chapter%2002%20- %20environmental%20management/subchapter%20h/15a%20ncac%2002h%20.1003.pdf 2c. Does this project have a stormwater management plan (SMP) ❑x Yes ElNo reviewed and approved under a state stormwater program or state - approved local government stormwater program? * ❑ n/a — project disturbs < 1 acre Note: Projects that have vested rights, exemptions, or grandfathering from state or locally implemented stormwater programs or projects that satisfy state or locally -implemented stormwater programs through use of community in -lieu programs should answer "no" to this question. 2d. Which of the following stormwater management program(s) apply? ❑x Local Government (Check all that apply.)* ❑ State If you have local government approval, please include the SMP on their overall impact map. ❑x Phase II ❑ USMP Local Government Stormwater Programs * ❑ NSW ❑x Water Supply Page 18 of 25 PCN Form Version 4.3- April 20, 2022 Please identify which local government stormwater program you are using. Gaston County and Lincoln County State Stormwater Programs * ❑ Phase II ❑ HQW or ORW ❑ Coastal Counties ❑ Other 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. Page 19 of 25 PCN Form Version 4.3- April 20, 2022 G. Supplementary Information 1. Environmental Documentation 1 a. Does the project involve an expenditure of public (federal/state/local) ❑ Yes ❑x No funds or the 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 (North Carolina) Environmental El Yes El No Policy Act (NEPA/SEPA)? * 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the ❑ Yes ❑ No NEPA or SEPA final approval letter.) Comments: 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), Federally Non -Jurisdictional Wetlands /Classified Surface Waters ❑ Yes ❑x No (15A NCAC 2H. 1400) DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)? * 2b. If you answered "yes" to the above question, provide an explanation of the violation(s): 3. Cumulative Impacts (DWR Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby ❑ Yes ❑x No downstream water quality? * 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. 3c. If yes, provide a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWR policy. (Attach .pdf) 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project? * I ❑ Yes ❑x No ❑ N/A 4b. If yes, describe in detail the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. Wastewater will not be generated as a result of the proposed project. Page 20 of 25 PCN Form Version 4.3- April 20, 2022 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected ® Yes ❑ No species or habitat? (IPAC weblink: https://www.fws.gov/ipac/ ffws.govl) 5b. Have you checked with the USFWS concerning Endangered Species ❑ Yes ❑x No Act impacts? * 5c. If yes, indicate the USFWS Field Office you have contacted. 5d. Is another federal agency involved? * ❑ Yes ❑x No ❑ Unknown If yes, which federal agency? 5e. Is this a DOT project located within Divisions 1-8? * ❑ Yes ❑x No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? * ®Yes ElNo 5g. Does this project involve bridge maintenance or removal? * ❑ Yes ❑x No 5g1. If yes, have you inspected the bridge for signs of bat use such as staining, guano, bats, etc.? Representative photos of signs of bat use ❑ Yes ❑ No can be found in the NLEB SLOPES, Appendix F, pages 3-7. Representative photos of signs of bat use can be found in the NLEB SLOPES, Appendix F, pages 3-7. Link to NLEB SLOPES document: htti)://saw-reg.usace.army.mil/NLEB/1-30-17-signed NLEB-SLOPES&apps.i)df If you answered yes to 5g1, did you discover any signs of bat use? * ❑ Yes ❑ No ❑ Unknown If yes, please show the location of the bridge on the permit drawings/ project plans 5h. Does this project involve the construction/ installation of a wind turbine(s)? * ❑ Yes ❑x No If yes, please show the location of the wind turbine(s) on the permit drawings/ project plans (attach .pdf) 5i. Does this project involve blasting and /or other percussive activities that will be conducted by machines, such as jackhammers, ® Yes ElNo mechanized pile drivers, etc.? If yes, please provide details to include type of percussive activity, purpose, duration, and specific location of this activity on the property (attach .pdf) Page 21 of 25 PCN Form Version 4.3- April 20, 2022 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 Page 22 of 25 PCN Form Version 4.3- April 20, 2022 that the proposed project will have "No Effect" on the Schweinitz's sunflower. Attach consultation documentation. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat? * ❑ Yes ❑x No Is there submerged aquatic vegetation (SAV) around the project vicinity? * El Yes ❑x No El Unknown Will this project affect submerged aquatic vegetation? * ❑ Yes ❑x No ❑ Unknown Explain: Click to enter. 6b. What data source(s) did you use to determine whether your site would impact 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) Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data): htti)://Qis.ncdcr.gov/hi)oweb/ 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 (e.g., National Historic Trust designation or ®Yes El No properties significant in North Carolina history and archaeology)? Page 23 of 25 PCN Form Version 4.3- April 20, 2022 7b. What data source(s) 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. 7c. Attach historic or prehistoric documentation. 8. Flood Zone Designation (Corps Requirement) Link to the FEMA Floodplain Maps: htti)s://msc.fema.ciov/portal/search 8a. Will this project occur in a FEMA-designated 100-year floodplain? * ® Yes ❑ No 8b. If yes, explain how the 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. Page 24 of 25 PCN Form Version 4.3- April 20, 2022 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. H. Miscellaneous Comments: Attach pertinent documentation or attachments not previously requested I. Signature * ❑x By checking the box and signing below, I, as the project proponent, certify to the following: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete, to the best of my knowledge and belief; • 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; • The project proponent hereby agrees 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"); • The project proponent hereby agrees to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • The project proponent hereby understands that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • As the project proponent, I intend to electronically sign and submit the PCN/online form. Full Name: * Brandon Wyatt, WPIT Signature: * Click to enter. Date: * Click to enter. Page 25 of 25 PCN Form Version 4.3- April 20, 2022 AGENT AUTHORIZATION FORM Name: Address: 15 Phone: g51' 2 la 569.3 Project Name/Description: Hornet Solar Project Date: _? Z& The Department of the Army U.S. Army Corps of Engineers, Wilmington District Attention: Mr. Doug Pere Field Office: Charlotte Regulatory Field Office Re: Wetland Related Consulting and Permitting To Whom It May Concern: n, /v/A 0Z1/ 0 Capital Power Corporation hereby designates and authorizes Kimley-Horn and Associates, Inc. to act in my/our behalf as my/our agent solely for the purpose of processing Jurisdictional Determinations and Section 404 permits/Section 401 Water Quality Certifications applications, and to furnish upon request supplemental information in support of applications, etc. from this day forward until successful completion of the permitting process or revocation by the owner. In addition, I, the undersigned, a duly authorized leasee of the property/properties identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. Authorized this the 19 tX. day ofFe, ,b. Oz Fin I '/ F, 8-own Res onsible Party's Name Cc: Stephanie Goss NC Division of Water Resources 401 & Buffer Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1650 Respons' le Party's Signature L Alexis Rd Legend Project Study Area Gaston County Mount Holly Lincoln County Stanley Mecklenberg County "1 v. BURKE !� CATAWBA CLEVELAND LINCOLN Project Location GASTON 0 Tennessee Georgia 0 1 West Virginia �o Miles 2 Maryland � \ i P Delaware Virginia j Lincoln & Gaston Counties FJNN�®rth Carolina South Carolin Atlantic Ocean South Carolinall Figure 1: Vicinity Map Kimley>>> Horn Hornet Solar Site Gaston and Lincoln Counties, NC December 2022 Legend rr-1 Project Study Area Kimley)))Horn MA C7 DREW pi) zi Feet L 0 1,750 3,500 Figure 2: USGS Topographic Map Hornet Solar Site Gaston and Lincoln Counties December 2022 'j V9, 'S" ZrAw �„',y yr. i4Yt'� ,��'� ° sY' �.•; p �:'�,R,,, ii��y„t ,Q� , :; ` �g� ,: �!+ n,�+ .� ,�'`r °lsra � a X,t� a r ��A2v✓ i s""�'<,. tia" '� ,urn. ',-n � �, r`. ...:� q5�f� y�'{� is rc; . d� �ya.,�,✓,p i 'W'S�slr � 'w`. � w a R.� .41 a a a � _ �eA�e AN ♦pt!, tit �� t i. ,�,' �' x �„f t$ �s�. �''k'i; :. >� V141 !� WW k.� ra ihr„ A nd Perennial Streams Intermittent Streams KWetlandsPonds tw ]�'{ "fyal� .. k i.C. .r"X l YT" r'.�Rt'M[" 'Z Project StudyArea Zwp l I uc 132 e43� 1a{' 2 r zwc ZWD r, � C3 � 2 ,�?INC. Y o tn$ ZwCi Z�vr" a.. (( `- CeB2 �h'rxt 7'aR 2 Zv k94 , GnC1:r' � Pa aG ., CeB Moo? ps a wb Ca iPv .� Y Y1H Z {re af- ,i fI ° v ,g. fir' �dE7r2 y�y '� q t 1, :F w �R a m t COW r Legend Project Study Area Feet 1,750 3,500 Figure 4: NRCS Soil Survey Map Kimley>>> Horn Hornet Solar Site Gaston and Lincoln Counties December 2022 0 F9 NOWT 0 .�--------- Impact Site 2: Permanent Stream Impacts: 30 LF (0.007 ac.) Temporary Stream Impacts: 12 LF (0.003 ac.) R mt. ti.l R I. . I I � ! •4i a � •I_ . ,� ° I q I I �� °� R RE, LL 1A -T : ° C. &MM I R ti y • - , . k�LF�• UN — + I rlllG W 71 Mr rr. KM r!T=L! ° ■h C i R. � r I " •° � ■ R • Y cd ° u �. f jl I'' I `i i'� I I P , f I ILwr0U iovrrwa r � r f Legend Stream Centerline t Permanent Stream Impacts Temporary Stream Impacts ° Streams Limits of Disturbance Feet 0 15 30 Figure 6.2: Impact Site 2 Kimley> Horn Hornet Solar Site Lincoln and Gaston Counties, NC February 2024 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2019-02461 County: Gaston U.S.G.S. Quad: NC- Lowesville NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: L.S.M.J Properties, LLC Tony R. Jones Address: 1418 Nature Preserve Trail Denver, NC 28037 Telephone Number: 704-483-1600 E-mail: tmsm4(&aol.com Size (acres) 1178 Nearest Town Stanley Nearest Waterway Killian Creek River Basin Santee USGS HUC 03050101 Coordinates Latitude: 35.401705 Longitude:-81.029552 Location description: The review area is located 0.429 miles Northeast of the intersection of Electra Lane and Stockwood Drive in Gaston County. PIN(s): 57985. 57984. 55956. 20101. 33572. 88482. 34232. 29536. 207155. 211896. 211897. 173020. 173410. & 173466. Indicate Which of the Following Appl A. Preliminary Determination ® There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 2/11/2020. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. ❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in 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 waters, including wetlands on the above described project area/property 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 from the date of this notification. ❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. SAW-2019-02461 ❑ The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. 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 waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on DATE. 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 project area/property 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 (LAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Catherine M. Janiczak at 704-510-1438 or C atherine.M.Janiczak(au sace.armv. mil. C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination form dated 03/23/2020. D. Remarks: None. 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: Phillip Shannin, Review Officer 60 Forsyth Street SW, Room 10M15 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 Not applicable. **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 of JD: 03/23/2020 Expiration Date of JD: Not applicable SAW-2019-02461 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.artny.mil/cm_apex/Vp=136:4:0 Copy furnished: Agent: Pilot Environmental, Inc Seren Homer Address: PO Box 128 Kernersville, NC 27285 Telephone Number: 336-310-4527 E-mail: shomer(&Pilotenviro.com NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: L.S.M.J Properties, LLC Tony R. Jones File Number: SAW-2019-02461 Date: 03/23/2020 Attached is: See Section below ❑ INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission) A ❑ PROFFERED PERMIT Standard Permit or Letter ofpermission) B ❑ PERMIT DENIAL C ❑ APPROVED JURISDICTIONAL DETERMINATION D ® PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at or http://www.usace.anny.mil/Missions/CivilWorks/ReaulatoiyProgramandPennits.aspx or the Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or 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. B: PROFFERED PERMIT: You may accept or appeal 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. • 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 II 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 permit 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 process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division Mr. Phillip Shannin, Administrative Appeal Review Officer Attn: Catherine M. Janiczak CESAD-PDO Charlotte Regulatory Office U.S. Army Corps of Engineers, South Atlantic Division U.S Army Corps of Engineers 60 Forsyth Street, Room 10M15 8430 University Executive Park Drive, Suite 615 Atlanta, Georgia 30303-8801 Charlotte, North Carolina 28262 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 opporttim to participate in all site investi ations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Catherine M. Janiczak, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 03/23/2020 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: L.S.M.J Properties, LLC, Tony R. Jones, 1418 Nature Preserve Trail,Denver, NC 28037 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Hornet Solar PJD, SAW-2019- 02461 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The review area is located 0.429 miles Northeast of the intersection of Electra Lane and Stockwood Drive in Gaston County. PIN(s): 57985, 57984, 55956, 20101, 33572, 88482, 34232, 29536, 207155, 211896, 211897, 173020, 173410, & 173466. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: Gaston City: Stanley Center coordinates of site (lat/long in degree decimal format): Latitude: 35.401705 Longitude:-81.029552 Universal Transverse Mercator: Name of nearest waterbody: Killian Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ® Field Determination. Date(s): 01/23/2020 TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Estimated amount of Geographic authority to Type of aquatic aquatic resources in which the aquatic resource Latitude (decimal Longitude (decimal resources (i.e., Site Number review area (acreage 'may be" subject (i.e., degrees) degrees) wetland vs. non - and linear feet, if Section 404 or Section wetland waters) applicable 10/404) CSA 35.392872 -81.02837 3130 linear feet Non -wetland Sec. 404 CSC 1 35.393739 -81.026546 110 linear feet Non -wetland Sec. 404 CSC 2 35.392753 -81.025349 330 linear feet Non -wetland Sec. 404 CSD 35.39063 -81.020003 7210 linear feet Non -wetland Sec. 404 CSF 35.391263 -81.021216 1120 linear feet Non -wetland Sec. 404 CSI 35.390543 -81.018055 1030 linear feet Non -wetland Sec. 404 CSJ 35.388649 -81.015638 620 linear feet Non -wetland Sec. 404 DSA 35.400873 -81.025285 1320 linear feet Non -wetland Sec. 404 Site Number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resources in review area (acreage and linear feet, if applicable Type of aquatic resources (i.e., wetland vs. non wetland waters) Geographic authority to which the aquatic resource "may be" subject (i.e., Section 404 or Section 10/404) DSB 35.400107 -81.025502 270 linear feet Non -wetland Sec. 404 DSC 35.401426 -81.023516 15 linear feet Non -wetland Sec. 404 DSD 35.40602 -81.02105 780 linear feet Non -wetland Sec. 404 DSE 35.405215 -81.02256 960 linear feet Non -wetland Sec. 404 DSF 35.405774 -81.024281 5300 linear feet Non -wetland Sec. 404 DSH 35.408356 -81.029192 760 linear feet Non -wetland Sec. 404 DSI 35.408612 -81.026786 1450 linear feet Non -wetland Sec. 404 DSK 35.414331 -81.022777 2130 linear feet Non -wetland Sec. 404 DSL 1 35.413677 -81.023705 90 linear feet Non -wetland Sec. 404 DSL 2 35.412751 -81.022911 400 linear feet Non -wetland Sec. 404 DSM 35.4151 -81.021155 700 linear feet Non -wetland Sec. 404 DSN 35.41389 -81.020383 100 linear feet Non -wetland Sec. 404 Killian Creek 1 35.389779 -81.032418 2710 linear feet Non -wetland Sec. 404 Killian Creek 2 35.40664 -81.030578 8560 linear feet Non -wetland Sec. 404 MSA 35.403389 -81.053962 910 linear feet Non -wetland Sec. 404 MSB 35.403559 -81.052779 1250 linear feet Non -wetland Sec. 404 MSC 35.403869 -81.05297 150 linear feet Non -wetland Sec. 404 MSD 35.404273 -81.052337 440 linear feet Non -wetland Sec. 404 Site Number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resources in review area (acreage and linear feet, if applicable Type of aquatic resources (i.e., wetland vs. non wetland waters) Geographic authority to which the aquatic resource "may be" subject (i.e., Section 404 or Section 10/404) MSE 35.404469 -81.052159 70 linear feet Non -wetland Sec. 404 MSG 1 35.407189 -81.042745 970 linear feet Non -wetland Sec. 404 MSH 1 35.402695 -81.033274 2140 linear feet Non -wetland Sec. 404 MSH 2 35.406086 -81.037497 560 linear feet Non -wetland Sec. 404 MSI 1 35.40365 -81.034833 240 linear feet Non -wetland Sec. 404 MSI 2 35.402497 -81.036625 990 linear feet Non -wetland Sec. 404 MSK 1 35.405479 -81.038196 680 linear feet Non -wetland Sec. 404 MSL 35.405452 -81.0392217 140 linear feet Non -wetland Sec. 404 MSM 1 35.410417 -81.033051 2200 linear feet Non -wetland Sec. 404 MSN 35.409486 -81.035571 50 linear feet Non -wetland Sec. 404 MSO 35.410283 -81.032117 450 linear feet Non -wetland Sec. 404 MSP 35.414355 -81.031943 2590 linear feet Non -wetland Sec. 404 MSQ 35.413967 -81.032105 60 linear feet Non -wetland Sec. 404 SSA 1 35.407944 -81.019623 200 linear feet Non -wetland Sec. 404 SSB 35.407788 -81.020049 30 linear feet Non -wetland Sec. 404 CSB 35.393861 -81.026361 40 linear feet Non -wetland Sec. 404 CSC 3 35.392105 -81.02408 360 linear feet Non -wetland Sec. 404 CSE 35.389837 -81.023139 40 linear feet Non -wetland Sec. 404 Site Number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resources in review area (acreage and linear feet, if applicable Type of aquatic resources (i.e., wetland vs. non wetland waters) Geographic authority to which the aquatic resource "may be" subject (i.e., Section 404 or Section 10/404) CSG 35.392021 -81.020594 290 linear feet Non -wetland Sec. 404 DSG 35.40454 -81.026723 60 linear feet Non -wetland Sec. 404 DSJ 35.408499 -81.027219 230 linear feet Non -wetland Sec. 404 DSL 3 35.412311 -81.022627 390 linear feet Non -wetland Sec. 404 MISA 1 35.408685 -81.046754 190 linear feet Non -wetland Sec. 404 MISA2 35.409988 -81.045875 520 linear feet Non -wetland Sec. 404 MISB 35.407321 -81.048745 290 linear feet Non -wetland Sec. 404 MISC 35.403829 -81.034819 400 linear feet Non -wetland Sec. 404 MISE 35.405463 -81.03704 110 linear feet Non -wetland Sec. 404 MISG 35.416186 -81.020275 280 linear feet Non -wetland Sec. 404 MISI 35.407171 -81.030530 270 linear feet Non -wetland Sec. 404 MSF 35.406671 -81.044393 330 linear feet Non -wetland Sec. 404 MSG 2 35.407725 -81.041591 110 linear feet Non -wetland Sec. 404 MSK 2 35.40523 -81.039129 200 linear feet Non -wetland Sec. 404 MSM 2 35.409493 -81.036366 170 linear feet Non -wetland Sec. 404 SSA 2 35.408957 -81.018778 400 linear feet Non -wetland Sec. 404 MPA 35.409605 -81.037656 2.64 acres Non -wetland Sec. 404 CWA 35.394438 -81.025192 0.112 acres Wetland Sec. 404 Site Number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resources in review area (acreage and linear feet, if applicable Type of aquatic resources (i.e., wetland vs. non wetland waters) Geographic authority to which the aquatic resource "may be" subject (i.e., Section 404 or Section 10/404) CWB 35.393135 -81.025682 0.064 acres Wetland Sec. 404 CWC 35.38942 -81.024468 0.018 acres Wetland Sec. 404 CWD 35.391316 -81.0212 0.008 acres Wetland Sec. 404 CWE 35.392184 -81.020598 0.01 acres Wetland Sec. 404 CWF 35.392789 -81.020475 0.004 acres Wetland Sec. 404 CWH 35.39209 -81.020487 0.007 acres Wetland Sec. 404 CWI 35.391196 -81.016572 0.337 acres Wetland Sec. 404 DWA 1 35.400185 -81.025784 0.033 acres Wetland Sec. 404 DWA 2 35.401462 -81.023432 0.078 acres Wetland Sec. 404 DWA 3 35.399523 -81.026724 0.015 acres Wetland Sec. 404 DWB 35.40595 -81.019702 0.073 acres Wetland Sec. 404 DWC 35.405195 -81.022716 0.107 acres Wetland Sec. 404 DWD 35.404378 -81.026326 0.075 acres Wetland Sec. 404 DWE 35.408645 -81.027109 0.014 acres Wetland Sec. 404 DWF 35.413276 -81.023372 1.258 acres Wetland Sec. 404 DWG 35.411677 -81.021693 0.055 acres Wetland Sec. 404 DWH 35.414853 -81.021604 0.002 acres Wetland Sec. 404 MWA 35.403832 -81.05149 3.773 acres Wetland Sec. 404 Site Number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resources in review area (acreage and linear feet, if applicable Type of aquatic resources (i.e., wetland vs. non wetland waters) Geographic authority to which the aquatic resource "may be" subject (i.e., Section 404 or Section 10/404) MWB 1 35.408606 -81.04685 0.033 acres Wetland Sec. 404 MWB 2 35.408091 -81.047665 0.222 acres Wetland Sec. 404 MWC 35.410527 -81.047596 0.055 acres Wetland Sec. 404 MWD 35.408262 -81.044134 0.105 acres Wetland Sec. 404 MWE 35.407055 -81.042857 0.249 acres Wetland Sec. 404 MWF 35.407628 -81.041556 0.067 acres Wetland Sec. 404 MWG 35.401834 -81.032803 0.012 acres Wetland Sec. 404 MWK 35.405382 -81.038893 0.096 acres Wetland Sec. 404 MWL 35.405597 -81.03934 0.013 acres Wetland Sec. 404 MWM 1 35.409541 -81.036538 0.066 acres Wetland Sec. 404 MWM 2 35.409584 -81.035564 0.01 acres Wetland Sec. 404 MWM 3 35.409675 -81.035405 0.013 acres Wetland Sec. 404 MWM 4/MWN 35.410057 -81.033709 1.537 acres Wetland Sec. 404 MWO 35.415676 -81.020716 0.022 acres Wetland Sec. 404 SWA 35.40898 -81.018758 0.005 acres Wetland Sec. 404 SWI 35.403153 -81.035909 0.074 acres Wetland Sec. 404 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: ® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: Drawing 5 (Dated 02/11/2020)_ ® Data sheets prepared/submitted by or on behalf of the PJD requestor. ® Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ® U.S. Geological Survey map(s). Cite scale & quad name: Drawing 1/1"=2,000'/Lowesville, NC (1970)_ ® Natural Resources Conservation Service Soil Survey. Citation: Drawing 2 & 2A (Dated 02/11/2020) ® National wetlands inventory map(s). Cite name: Drawing 3 (Dated 02/11/2020) ❑ State/local wetland inventory map(s): ® FEMA/FIRM maps: Drawing 4 (Dated 02/11/2020)_ ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ® Photographs: ®Aerial (Name & Date): Drawing 5-5.7 (Dated 02/11/2020)_ or ❑Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. Signature and date of ulatory staff member completing PJD 03/23/2020 Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)1 1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. Drawing 5.1 Drawing 5.2 Drawing 5.4 Drawing 5.6 r Drawing 5.3 Drawing 5.5 Drawing 5.7 LEGEND Site Boundary Pond Intermittent Stream Perennial Stream EEL Wetland ........ Non -Jurisdictional Ditch DP-1 O Data Point WA Feature ID ■ Culvert THE LOCATIONS OF FEATURES SHOWN ON THIS MAP ARE PRELIMINARY. THEY HAVE NOT BEEN VERIFIED BY THE USACE AND/OR NCDEQ- DWR. THIS EXHIBIT INCLUDES GPS LOCATIONS OF DELINEATED FEATURES. DELINEATION CONDUCTED BY PILOT DECEMBER 3-6, 2019 AND FEBRUARY 7, 2020. Drawing 5 Wetland Map Satellite Imagery from ESRI Hornet Solar and Pilot GPS Data _I Approximate 1,178-Acre Tract Scale: 1" = 1,600' �* Stanley, Lincoln & Gaston Counties, NC '' PIL13' Pilot Project 5175.1 Date:2.11.20 PILOT 6NVIRa MEH'AL,INL MSE MSD M5A 7d LF LF /91d LF r` 0 DP-1 0 DP-2 MSC 1.50 LF MSB 1250 LF M15A 1 190 LF\ 'yy r MW B 1 0.033 ac. MWB2 r 0.222 at. .R. M5F�- \MISS 330 LF 290 LF zOA05 ac. MW F MSG 2 0.067 ac. �.10 LF MSG 1 970 LF\ MWE 0.249 ac. MWA LEGEND 3.773 ac. Site Boundary Pond ■ ■ ■ ■ ■ ■ Intermittent Stream Perennial Stream Wetland ........ Non -Jurisdictional Ditch DP-10 Data Point WA1 Feature ID ■ Culvert THE LOCATIONS OF FEATURES SHOWN ON THIS MAP ARE PRELIMINARY. THEY HAVE NOT BEEN VERIFIED BY THE USACE AND/OR NCDEQ- DWR. THIS EXHIBIT INCLUDES GPS LOCATIONS OF DELINEATED FEATURES. DELINEATION CONDUCTED BY PILOT DECEMBER 3-6, 2019 AND FEBRUARY 7, 2020. Drawing 5.1 Wetland Map Satellite Imagery from ESRI Hornet Solar and Pilot GPS Data Approximate 1,178-Acre Tract Scale: 1" = 500' ���' `" Stanley, Lincoln & Gaston Counties, NC Date:2.11.20 RILDT ENYIR0 M4FN n w� Pilot Project5175.1 0 LEGEND 0 DP-1 O WA1 ■ Site Boundary Pond Intermittent Stream Perennial Stream Wetland Non -Jurisdictional Ditch Data Point Feature ID Culvert rosin z - !:irk r., .,,• MWM 4fMWN :.:.: 1.537 ac. M5N MWM 3 54 LF 0.413 ac. MWM 2. D5H 0.01 ac. ]6@ LF THE LOCATIONS OF FEATURES SHOWN ON THIS MAP ARE PRELIMINARY. THEY HAVE NOT BEEN VERIFIED BY THE USACE AND/OR NCDEQ- DWR. THIS EXHIBIT INCLUDES GPS LOCATIONS OF DELINEATED FEATURES. DELINEATION CONDUCTED BY PILOT DECEMBER 3-6, 2019 AND FEBRUARY 7, 2020. Lf MSG 2 ZIULF �rxi Drawing 5.2 Wetland Map Satellite Imagery from ESRI Hornet Solar f;;::. and Pilot GPS Data Approximate 1,178-Acre Tract Scale: 1" = 500' �� �'' `" Stanley, Lincoln & Gaston Counties, NC Date:2.11.20 PILOT ENViR0 MIN -AL., HE Pilot Project5175.1 M15G MWQ 2W LF\ . 0.022 ac. DSM p'r 700 L F D5K 130 LF i1W H 0.002 ac. D5N r ' 100 L F DWF .f 1.2 58 at, 05L 1 ,% D5L 2 90 LF/400 L F DP-3 0�'"� DP-4005L 3 LEGEND # f390 LF DWG Site Boundary ' �fA5S ac. Pond - ■ ■ ■ ■ ■ ■ Intermittent Stream Perennial Stream Wetland ........ Non -Jurisdictional Ditch DP-10 Data Point WA Feature ID ■ Culvert THE LOCATIONS OF FEATURES SHOWN ON THIS MAP ARE PRELIMINARY. THEY HAVE NOT BEEN VERIFIED BY THE USACE AND/OR NCDEQ- DWR. THIS EXHIBIT INCLUDES GPS LOCATIONS OF DELINEATED FEATURES. DELINEATION CONDUCTED BY PILOT DECEMBER 3-6, 2019 AND FEBRUARY 7, 2020. SSA 2 Drawing 5.3 Wetland Map Satellite Imagery from ESRI Hornet Solar and Pilot GPS Data Approximate 1,178-Acre Tract Scale: 1" = 500' ����'' `" Stanley, Lincoln & Gaston Counties, NC Date:2.11.20 RILDT ENYIR0 M4FN w1 Pilot Project5175.1 MWK 0.09fr ac. MSK 2 ZC* LF WN 2 560 LF M5K 1 690 LF M5L 140 LF „mow + MISE 110 LF MWL 0.013 ac. y. SW1 0.074 ac. M1 MIS 270 LF "��4hN1! SC 400 LF M51 1 1240 LF MASH 1/ 161160 2140 LF Creek 2 8560 LF MWG 0.012 ac. DSH 760 LF DW E 0.014 aG. �DSJ, / 230 L • D51 145 0 LF D5F 5300 LF LEGEND Site Boundary � 0 Pond ■ ■ ■ ■ ■ ■ Intermittent Stream Perennial Stream Wetland ........ Non -Jurisdictional Ditch DP-1 O Data Point WA1 Feature ID ■ , Culvert 1 THE LOCATIONS OF FEATURES SHOWN ON THIS MAP ARE PRELIMINARY. THEY HAVE NOT BEEN VERIFIED BY THE USACE AND/OR NCDEQ- DWR. THIS EXHIBIT INCLUDES GPS LOCATIONS OF DELINEATED FEATURES. DELINEATION CONDUCTED BY PILOT DECEMBER 3-6, 2019 AND FEBRUARY 7, 2020. Drawing 5.4 Wetland Map Satellite Imagery from ESRI Hornet Solar and Pilot GPS Data Approximate 1,178-Acre Tract Scale: 1" = 500' ����'' `" Stanley, Lincoln & Gaston Counties, NC Date:2.11.20 RILDT ENYIR0 M4FN n w� Pilot Project5175.1 DSO -b5J 1450 LF Z230 LF Did.' E D,014 ac, D513 \ DW D 60 LF 0,076.ac. D5A 137.0 LF� DSJ DWA 1 770 L F 0.0 33 ac. DWA 3. 0.015 aI. D5F 5300 LF DUV C 0.107 ac. QSC 15 LF DI NA 2 t079 ac, MA IF 0r005 ac. � SSA 2 �• 400 LF SSB 34 LF SSA 1 ZIN LF DWB D6D 073 ac. /7P LF D5E 960 LF 1: r r x A NC Center LEGEND Site Boundary Pond Intermittent Stream Perennial Stream Wetland ........ Non -Jurisdictional Ditch DP-10 Data Point WA1 Feature ID ■ Culvert THE LOCATIONS OF FEATURES SHOWN ON THIS MAP ARE PRELIMINARY. THEY HAVE NOT BEEN VERIFIED BY THE USACE AND/OR NCDEQ- DWR. THIS EXHIBIT INCLUDES GPS LOCATIONS OF DELINEATED FEATURES. DELINEATION CONDUCTED BY PILOT DECEMBER 3-6, 2019 AND FEBRUARY 7, 2020. Drawing 5.5 Wetland Map Satellite Imagery from ESRI Hornet Solar and Pilot GPS Data Approximate 1,178-Acre Tract Scale: 1" = 500' �� �'' `" Stanley, Lincoln & Gaston Counties, NC Date:2.11.20 PILOT ENViR0LNlu*A4.,HE Pilot Project5175.1 Krl6kan se' Creek 2 8560 LF e Q;, LEGEND Site Boundary Pond ■ ■ ■ ■ ■ ■ Intermittent Stream Perennial Stream Wetland ........ Non -Jurisdictional Ditch DP-1 Data Point WA Feature ID ■ Culvert THE LOCATIONS OF FEATURES SHOWN ON THIS MAP ARE PRELIMINARY. THEY HAVE NOT BEEN VERIFIED BY THE USACE AND/OR NCDEQ- DWR. THIS EXHIBIT INCLUDES GPS LOCATIONS OF DELINEATED FEATURES. DELINEATION CONDUCTED BY PILOT DECEMBER 3-6, 2019 AND FEBRUARY 7, 2020. Drawing 5.6 Wetland Map Satellite Imagery from ESRI Hornet Solar and Pilot GPS Data Approximate 1,178-Acre Tract Scale: 1" = 500' PIO'' `% Stanley, Lincoln & Gaston Counties, NC Date:2.11.20 PILOT ENViR0%MIN-A4.,WE Pilot Project5175.1 CSA 31M LF CSB �40 LF CWA 0.112 ac. CSC 110 LF CSC 2 } 330 LF W ..� CSC 3 CWB /360 LF 0.0 64 a c.. C CWF M4Q4 ac. C5G GIVE 2%1 L F __ CW H 007 ac. CSf 1030 LF cwf °° �4-Z'37 ac. LEGEND Site Boundary Pond Intermittent Stream Perennial Stream Wetland ........ Non -Jurisdictional Ditch DP-10 Data Point WA1 Feature ID ■ Culvert THE LOCATIONS OF FEATURES SHOWN ON THIS MAP ARE PRELIMINARY. THEY HAVE NOT BEEN VERIFIED BY THE USACE AND/OR NCDEQ- DWR. THIS EXHIBIT INCLUDES GPS LOCATIONS OF DELINEATED FEATURES. DELINEATION CONDUCTED BY PILOT DECEMBER 3-6, 2019 AND FEBRUARY 7, 2020. Drawing 5.7 Wetland Map Satellite Imagery from ESRI Hornet Solar and Pilot GPS Data Approximate 1,178-Acre Tract Scale: 1" = 500' ����'' `'' Stanley, Lincoln & Gaston Counties, NC Date:2.11.20 PILOT 6NVIRa MEN AL,INC Pilot Project5175.1