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
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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
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Figure 1: Vicinity Map
Kimley>>> Horn Hornet Solar Site
Gaston and Lincoln Counties, NC
December 2022
Legend
rr-1 Project Study Area
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Figure 2: USGS Topographic Map
Hornet Solar Site
Gaston and Lincoln Counties
December 2022
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Figure 4: NRCS Soil Survey Map
Kimley>>> Horn Hornet Solar Site
Gaston and Lincoln Counties
December 2022
0
F9
NOWT
0
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Impact Site 2:
Permanent Stream Impacts: 30 LF (0.007 ac.)
Temporary Stream Impacts: 12 LF (0.003 ac.)
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Streams
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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