20201995 Ver 2__NWP_51_ApexSolar_20240523_20240523

Kimley»>Horn
May 23, 2024
Ms. Jennifer Lawrence
U.S. Army Corps of Engineers
Charlotte Regulatory Field Office
8430 University Executive Park Drive, Suite 615
Charlotte, NC 28262
Ms. Devynne Brown
NC Division of Water Resources
Water Resources — Water Quality Regional Operations Section
610 East Center Avenue, Suite 301
Mooresville, NC 28115
RE: Nationwide Permit 51 Reauthorization — Apex Solar Project (SAW-2018-01280)
Cleveland County, North Carolina
Dear Ms. Lawrence and Ms. Brown:
On behalf of our client, Apex Solar, LLC, Kimley-Horn is submitting the attached application for
reauthorization under Nationwide Permit (NWP) #51 for the Apex Solar Project (the "Project") located
in Cleveland County, North Carolina. The Project is proposing the construction of a Solar Photovoltaic
(PV) Generation Facility that includes several access roads that transect the Project area and the
installation of a substation. The Project has been designed to avoid jurisdictional features to the extent
practicable, and will utilize existing roads where present. The Project was previously authorized under
a NWP #14 (SAW-2018-01280) by Krystynka Stygar of the US Army Corps of Engineers (USACE) on
February 18, 2021, which included two stream crossings over streams S9 and S11. Construction of the
proposed road crossing over stream S9 to access the associated substation was completed prior to the
expiration of the original permit. This permit reauthorization request seeks to reauthorize the crossing
over stream S11 which has not yet been constructed.
The Project was previously delineated by TRC Environmental Corporation, and a Preliminary
Jurisdictional Determination for the Project was issued by Catherine Janiczak of the USACE on October
31, 2018 (SAW-2019-02461). A total of 8.50 acres of wetlands, 17,300 linear feet of streams, and 0.57
acres of open water were identified within the Project area.
Unavoidable impacts to stream S11 will result from the proposed Project. A total of 44 LF (0.003 ac.)
of permanent stream impacts, 20 LF (0.001ac.) permanent no net loss stream impacts, and 22 LF
(0.002 ac.) of temporary stream impacts will result from the construction of a permanent access road
necessary to access arrays within the Project area. Proposed permanent impacts to stream S11 will
result from the installation of a culvert associated with the permanent access road crossing.
Additionally, riprap will be installed for outlet protection and will be keyed into the bank and bed of
stream S11, resulting in permanent impacts to the stream, but no net loss of waters. The culvert will be
buried at a depth of 20% of the culvert diameter (42") and is designed to allow for the movement of

Ki m ey >>> H o r n Page 2
aquatic species. Proposed temporary impacts to stream S11 will result from temporary access to
facilitate the construction of the road crossing and the installation of the culvert and riprap. To allow for
work in the dry, stream S11 will be temporarily diverted with the use of a pump -around system. All
temporary disturbance areas will be returned to pre -construction contours after completion of the
Project.
Impacts to the streams within the Project area have been avoided and minimized to the greatest extent
practicable by intentional design. Impacts to stream S11 were minimized by aligning the access road
crossing over the stream to be as close to perpendicular as possible. Headwalls have been proposed
to reduce culvert length and thereby reduce stream impacts. Riprap at the culvert inlet and outlet will
be keyed into the stream bank and bed to ensure no net loss of waters.
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-2018-01280)
• 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 at [phone] or [e-mail].
Sincerely,
Brandon Wyatt, WPIT
Kimley-Horn

on� ,ti
au,�n
NORTH CAROLINA
Environmental Quality
Water Resources
Office Use Only
Corps Action ID no. SAW-2018-01280 Date received: [Click to enter.]
DWR project no. 'link enter.] Date received: [Click to enter.]
Site Coordinates:
Latitude (DD.DDDDDD): 35.417255
Longitude (DD.DDDDDD): 81.47998
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) *: Click to enter.
Page 1 of 22 PCN Form Version 4.3- April 20, 2022

A. Processing Information
County (counties) where project is located:
Cleveland Additional (if needed).
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)
la. 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?
❑x Yes ❑ No
Please provide the date of the previous submission.
1/29/2021
❑x Nationwide Permit (NWP)
1 b. What type(s) of permit(s) do you wish to seek
El Regional General Permit (RGP)
authorization?
❑ Standard (I P)
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 ):
51
RGP number(s) (list all numbers ):
Click to enter.
Are you a federal applicant?
❑ Yes ❑x No
If yes, please provide a statement concerning compliance with the Coastal Zone Management Act
Click to enter text
1d. 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
1e. 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
1f. Is this an after -the -fact permit/certification application?
❑ Yes ❑x No
Page 2 of 22 PCN Form Version 4.3- April 20, 2022

1g.
Is payment into a mitigation bank or in -lieu fee program proposed for
❑ Yes
❑x No
mitigation of impacts?
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
❑ Yes
❑x No ❑ Unknown
Concern (AEC)? *
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: http://www.saw.usace.army.mil/Missions/Requlatory-Permit-
Program/Agency-Coordination/Trout.aspx
Page 3 of 22 PCN Form Version 4.3- April 20, 2022

B. Applicant Information
1 a.
Who is the primary contact?
David Weise
1 b.
Primary Contact Email:
[e-mail]
1 c.
Primary Contact Phone: (###)###-####
[phone]
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:
Apex Solar, LLC (leasee)
2b.
Deed Book and Page No.:
N/A
2c.
Contact Person (for corporations):
David Weise
2d.
Address
Street Address:
130 Roberts Street
Address line 2:
Click to enter.
City:
Asheville
State/ Province/ Region:
North Carolina
Postal/ Zip Code:
28801
Country:
Click to enter.
2e.
Telephone Number: (###)###-####
[phone]
2f.
Fax Number: (###)###-####
Click to enter.
2g.
Email Address:
Click to enter.
3.
Applicant Information (if different from owner)
3a.
Name:
Click to enter.
3b.
Business Name (if applicable):
Click to enter.
3c.
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.
3d.
Telephone Number: (###)###-####
Click to enter.
3e
Fax Number: (###)###-####
Click to enter.
3f.
Email Address:
Click to enter.
Page 4 of 22 PCN Form Version 4.3- April 20, 2022

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: (###)###-####
[phone]
4e
Fax Number: (###)###-####
Click to entC
4f.
Email Address:
[e-mail]
Agent Authorization Letter:
Attach a completed/signed agent authorization form or letter. A sample form may be found at this link:
https://www.saw. usace.army. mil/Missions/Regulatorv-Permit-Program/Permits/2017-Nationwide-Permits/Pre-
construction-Notification/
Page 5 of 22 PCN Form Version 4.3- April 20, 2022

C. Project Information and Prior Project History
1. Project Information
1 a. Name of project: *
Apex Solar Site
1 b. Subdivision name (if appropriate):
Click to enter.
1 c. Nearest municipality/town: *
Fallston
2.
Project Identification
2a.
Property identification number (tax PIN or parcel ID):
(See attached Property Owner Map: Figure 5)
2b.
Property size (in acres):
493
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): * 35.417255
Longitude (-DD.DDDDDD): *-81.47998
3. Surface Waters
3a. Name of nearest body of water to proposed project: *
Buffalo Creek
3b. Water Resources Classification of nearest receiving
WS-III
water: *
The Surface Water Classification map may be found at this link:
htti)s:Hncdenr.maps.arcqis.com/apes/webaggviewer/index.html?id=6el 25ad7628f494694e259c80dd64265
Broad
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
030501050801; 030501050802
located:
The Find Your HUC map may be found at this link:
htti)s:Hncdenr.maps.arcqis.com/apes/Publiclnformation/index.html?appid=ad3a85aOc6d644aOb97cdO69db238ac3
Page 6 of 22 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 proposed project is located along East Stagecoach Trail and Fallston Waco Road, approximately ten miles
north of Shelby, in Cleveland County, NC. Land use in the project vicinity is composed primarily of agricultural
land, livestock pastures, undeveloped forested riparian corridors, and planted pine forests. Single-family
residential homes are scattered throughout the surrounding landscape.
4b. Have Corps permits or DWR certifications been obtained for this
® Yes ❑ No ❑ Unknown
project (including all prior phases) in the past?
If yes, please give the DWR Certification number and/or Corps
SAW-2018-01280
Action ID (ex. SAW-0000-00000):
DWR#20-1995
Attach any pertinent project history documentation
4b2. Is any portion of the work already complete?
® Yes ❑ No
If yes, describe the completed work.
The proposed Project was previously authorized under a NWP #14 (SAW-2018-01280) by Krystynka Stygar of the US
Army Corps of Engineers (USACE) on February 18, 2021, which included two stream crossings over streams S9 and
S11. Construction of the proposed road crossing over stream S9 to access the associated substation was completed
prior to the expiration of the original permit. This permit reauthorization request seeks to reauthorize the crossing over
stream S11 which has not yet been constructed.
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.
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'/2 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
8.5 acres
property:
4g. List the total estimated linear feet of all existing streams (intermittent
17,300 linear feet
and perennial) on the property:
4g1. List the total estimated acreage of all existing open waters on the
0.57 acres
property:
4h. Explain the purpose of the proposed project:
The project proposes to develop a Solar Photovoltaic (PV) Generation Facility on approximately 475 acres in
Cleveland County, NC.
4i. Describe the overall project in detail, including the type of equipment to be used: 1
The proposed project involves the construction of a Solar Photovoltaic (PV) Generation Facility that includes
several access roads that transect the site and the installation of a substation. Typical site development and
structural construction equipment will be utilized including dump trucks, graders, bulldozers, cranes, asphalt
pavers, excavators, and concrete trucks.
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 22 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:
A Preliminary Jurisdictional Determination (SAW-2018-01280) was approved by Catherine Janiczak of the
USACE on October 31, 2018.
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-2018-01280
Name (if known): Click to enter.
5c.
If 5a is yes, who delineated the jurisdictional
Agency/Consultant Company: TRC Environmental
areas?
Corporation
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 (SAW-2018-01280) was approved by Catherine Janiczak of the
USACE on October 31, 2018.
5d1.
Attach jurisdictional determinations.
6. Future Project Plans
6a. Is this a phased project?
❑ Yes ❑x No
6b. If yes, explain.
No anticipated additional impacts are associated with the proposed project.
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 8 of 22 PCN Form Version 4.3- April 20, 2022

D. Proposed Impacts Inventory
1. Impacts Summary
1 a. Where are the impacts associated with your project
(check all that apply):
❑ Wetlands
❑ Buffers
❑ 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
Choose one
emp/ Perm
Choose onE
:,lick to enter
Y/h"
;hoose one
Click to enter
W2
Choose one
Temp/ Perm
Choose one
Click to enter
Y/N
Choose one
Click to enter
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
: emp/ Perm
Choose onE
Click to enter
Y/I
choose one
Click to enter
W8
Choose one
Temp/ 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
Temp/ Perm
Choose one
Click to enter
Y/N
Choose one
Click to enter
W14
Choose one
Temp/ Perm
Choose one
Click to enter
Y/N
Choose one
Click to enter
W15
Choose one
Temp/ Perm
Choose one
Click to enter
Y/N
Choose one
Click to enter
2g1. Total temporary wetland impacts
Click to enter. ac
2g2. Total permanent wetland impacts
Click to enter. ac
2g3. Total wetland impacts
Click to entf ac
2h. Type(s) of material being discharged and the amount of each type in cubic yards:
Click to enter text
2i. Comments:
No wetlands will be impacted as part of the proposed project.
Page 9 of 22 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
3a
3b.
3c.
3d.
3e.
3f.
3g.
3h.
Site #
Impact
Impact
Impact Type
Stream Name
Stream
Jurisdiction
Stream Width
Impact length
Reason
Duration
Type
Type
(avg ft)
(linear ft)
S1
Temporary
Temporary
Other
Stream S11
Intermittent
Corps
3
22
Construction
Access
S2
Culvert
Permanent
Crossing/
Stream S11
Intermittent
Corps
3
44
Installation
Culvert
S3
Riprap
Permanent
Bank
Stream S11
Intermittent
Corps
3
20
Stabilization
Stabilization
(No Net Loss)
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
Click to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S9
Click 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
Click to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S16
Click 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
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
3i1. Total jurisdictional ditch
0 linear ft
impact:
3i2. Total permanent stream
64 linear ft
impacts:
M. Total temporary stream
22 linear ft
impacts:
3i4. Total stream and ditch
86 linear ft
impacts:
Page 10 of 22 PCN Form Version 4.3- April 20, 2022

3j. Comments:
Unavoidable impacts to stream S11 will result from the proposed Project. A total of 44 LF (0.003 ac.) of
permanent stream impacts, 20 LF (0.001ac.) permanent no net loss stream impacts, and 22 LF (0.002 ac.) of
temporary stream impacts will result from the construction of a permanent access road necessary to access
arrays within the Project area. Proposed permanent impacts to stream S11 will result from the installation of a
culvert associated with the permanent access road crossing. Additionally, riprap will be installed for outlet
protection and will be keyed into the bank and bed of stream S11, resulting in permanent impacts to the stream,
but no net loss of waters. The culvert will be buried at a depth of 20% of the culvert diameter (42") and is
designed to allow for the movement of aquatic species. Proposed temporary impacts to stream S11 will result
from temporary access to facilitate the construction of the road crossing and the installation of the culvert and
riprap. To allow for work in the dry, stream S11 will be temporarily diverted with the use of a pump -around
system. All temporary disturbance areas will be returned to pre -construction contours after completion of the
Project.
Page 11 of 22 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
:hoose one
Click to enter.
02
Click to enter.
Temp/ Perm
Click to enter.
Choose one
:hoose 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.
entF
P2
Choose one
Click to
Click to
Click to
Click to
Click to
Click to
Click to
enter.
enter.
enter.
enter.
enter.
enter.
ente
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 12 of 22 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: .,;K to entE
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)
B1
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter
B2
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter
B3
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter
B4
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter
B5
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter
Click to enter.
B6
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter
Click to enter.
B7
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter.
B8
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter.
B9
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 13 of 22 PCN Form Version 4.3- April 20, 2022

E. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts through project design:
Impacts to the streams within the Project area have been avoided and minimized to the greatest extent
practicable by intentional design. Impacts to stream S11 were minimized by aligning the access road crossing
over the stream to be as close to perpendicular as possible. Headwalls have been proposed to reduce culvert
length and thereby reduce stream impacts. Riprap at the culvert inlet and outlet will be keyed into the stream
bank and bed to ensure no net loss of waters.
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 practicable throughout the construction
process by avoiding stream features with equipment, materials, and access corridors whenever possible. Where
feasible, staging and construction access routes will be located in upland areas throughout the Project 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 site.
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 ente,
3b. Credits purchased/requested:
Type: Choose one
Quantity Click to enter.
Type: Choose one
Quantity Click to enter.
Type: Choose one
Quantity Click to enter.
Attach receipt and/or approval letter.
3c. Comments:
;lick to enter
4. Complete if Using an In Lieu Fee Program
4a. Attach approval letter from in lieu fee program.
4b. Stream mitigation requested:
Click to ente 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)
https://rib its. usace.army. miI/ribits apex/f?p=107:27:2734709611497::NO:RP:P27 BUTTON KEY:O
4d. Buffer mitigation requested (DWR only):
square feet
Page 14 of 22 PCN Form Version 4.3- April 20, 2022

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:
lick 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.
.IR,R LU CI IICI
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 ❑x 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 15 of 22 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 (https://deci.nc.gov/about/divisions/energv-mineral-land-resources/energv-mineral-land-permit-
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
❑ 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)?
El Yes ❑x No
To look up low density requirements, click here:
http://reports.oah.state. nc.us/ncac/title%2015a%20-%20environmental%20civaIity/chapter%2002%20-
%20environmental%20man agement/subchapter%20h/15a%20ncac%2002h%20.1003.pdf
2c.
Does this project have a stormwater management plan (SMP)
ElYes 0 No
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?
0 Local Government
(Check all that apply.)
❑ State
If you have local government approval, please include the SMP on their overall impact map.
❑ Phase II ❑ USMP
Local Government Stormwater Programs
❑ NSW 0 Water Supply
Page 16 of 22 PCN Form Version 4.3- April 20, 2022

Please identify which local government stormwater program you are using.
Cleveland County
State Stormwater Programs ❑ Phase II ❑ HQW or ORW
❑ Coastal Counties 0 Other
Comments:
Stormwater will not be substantially concentrated or collected as a result of the proposed project.
Page 17 of 22 PCN Form Version 4.3- April 20, 2022

G. Supplementary Information
1. Environmental Documentation
1a. 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
❑ Yes ❑x 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 ❑x No
NEPA or SEPA final approval letter.)
Comments:
Click to enter.
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):
RICK to enter.
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 ❑ No ❑x 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 18 of 22 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? (I PAC 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.
Choose one
5d.
Is another federal agency involved?
❑ Yes ❑x No ❑ Unknown
If yes, which federal agency?
Click to enter.
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 El No
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: http://saw-re.g.usace.army.miI/NLEB/1-30-17-signed
NLEB-SLOPES&apps.pdf
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 19 of 22 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 March 27, 2024, the US Fish and Wildlife Service (USFWS) Information for Planning and Consulting (IPaC)
tool lists two protected species with potential to occur within the project vicinity. The bald eagle (Haliaeetus
Ieucocephalus) 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 historical occurrence (1917) of Michaux's sumac within 1.0 mile 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 March 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.
The tricolored bat is currently proposed for listing and is not currently protected under the Endangered Species
Act (ESA). A review of the NCNHP database records (updated April 2024) indicates that there are no known
occurrences of the tricolored bat in or within 1.0 mile of the project study area. If listed prior to construction of the
project, the Client will coordinate with the USFWS as appropriate to resolve Section 7 for the tricolored
bat.
A review of the NCNHP database records (updated April 2024) indicates there are no known occurrences of
dwarf -flowered heartleaf (Hexastylis naniflora) in or within 1.0 mile of the project study area. Due to the lack of
known occurrences, it is anticipated that the proposed project will have "No Effect" on the dwarf -flowered
heartleaf.
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 ente
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 March 27, 2024.
No essential fish habitat was
identified within the project area 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):
http://gis.ncdcr.gov/hpoweb/
Page 20 of 22 PCN Form Version 4.3- April 20, 2022

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)?
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
March 27, 2024 identified no national register, study list, or determined eligible sites within the project study area
However, one historic resource was located within 1.0 mile of the project study area:
- Stamey Company Store (Former) Stamey's Store and Gas Station (National Register), located approximately
0.95 miles northwest of the project study area.
In addition, in May 2018, the Clearinghouse Review Request was submitted to the NCSHPO for the Project, and
in June 2018, NCSHPO responded that they have no comment. Therefore, no cultural resource studies will be
required for the Project.
Due to the lack of known historical and cultural resources within the Project area and the minimal impact of the
proposed project, it is anticipated that the project will have no effect on any historic or archaeological resources.
7c. Attach historic or prehistoric documentation.
8. Flood Zone Designation (Corps Requirement)
Link to the FEMA Floodplain Maps: https://msc.fema.gov/portal/search
8a. Will this project occur in a FEMA-designated 100-year floodplain? *
❑ Yes ❑x No
8b. If yes, explain how the project meets FEMA requirements.
,lick to enter.
8c. What source(s) did you use to make the floodplain determination?
The FEMA Digital Flood Insurance Map (DFIRM) Panels 3710266200K, 3710265100J, and 3710266000L
(effective February 20, 2008) were accessed on March 27, 2024. FEMA-regulated 1 % annual chance flood
hazard areas associated with Buffalo Creek are present within the project study area. However, these FEMA-
regulated areas are located outside of the limits of disturbance and will not be impacted from the proposed
Project.
H. Miscellaneous
Comments:
C:lirk to antar
Attach pertinent documentation or attachments not previously requested
Page 21 of 22 PCN Form Version 4.3- April 20, 2022

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:
Date: 5/23/2024
Page 22 of 22 PCN Form Version 4.3- April 20, 2022

AGENT AUTHORIZATION FORM
Name: Apex Solar LLC
Address: 130 Roberts Street Ashville, NC 28801
Phone: [phone]
Project Name/Description: Apex Solar Site
Date: 4/26/24
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
Attention: Ms. Jennifer Lawrence
Field Office: Charlotte Re u�ry Field Office
Re: Wetland Related Consulting and Permitting
To Whom It May Concern:
Apex Solar LLC 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,
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 26th day of April 2024
David Weise
Responsible Party's Name
Cc: Stephanie Goss
NC Division of Water Resources
401 & Buffer Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
Responsible Party's Signature

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May 2024

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Legend r
Limits of Disturbance S
Temporary Stream Impacts
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Permanent Stream Impacts
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Figure 6.0: Impact Figure Overview Map
Kimley>>> Horn Apex Solar Site
Cleveland County, North Carolina
May 2024

r
Vw 6% PERMANENT STREAM IMPACTS (No Net Loss): 20 LF (0.001 ac.)
TEMPORARY STREAM IMPACTS: 22 LF (0.002 ac.)
_�� l• ` PERMANENT STREAM IMPACTS: 44 LF (0.003 ac.)
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Permanent No Net Loss Stream
Impacts
ix Permanent Stream Impacts
Temporary Stream Impacts
40 Jurisdictional Streams
f
-----------------------
Feet
0 20 40
Figure 6.1: Site 1 Impact Figure
Apex Solar Site
Cleveland County, North Carolina
May 2024

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2018-01280 County: Cleveland U.S.G.S. Quad: NC- Cherrvville
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner: Jean Elliot
Address: 117 Beam St.
Fallston, NC 28042
Telephone Number: 704-472-3562
E-mail: N4FMD(&carolina.rr.com
Size (acres) 483 Nearest Town Lawndale
Nearest Waterway Buffalo Creek River Basin Broad
USGS HUC 03050105 Coordinates Latitude: 35.420767
Longitude:-81.4791
Location description: The review area is located 0.589 miles Southeast of the intersection of E Stage Coach Trail and Ponv Barn
Road in Cleveland Co. PIN(s): 35585, 35586, 35587, 35589, 44457, 57509, 59529, 35641, 35642, 35644, 35649, 54007, and 71199.
Indicate Which of the Following Apply:
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 10/17/2018. 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-2018-01280
❑ 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 (CAMA)
You should contact the Division of Coastal Management in Morehead City, NC, at [phone] 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
Catherine. M.Janiczak(a)u sace. armv.mil.
C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination
form dated 10/31/2018.
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: Jason Steele, Review Officer
60 Forsyth Street SW, Room 1OM15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by 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.**
,,7 JANICZAK.CATHERINE.MARIE.1535 DN Dig-US!on USbG-m nt ou-DoD, ou-PKI,I u35U5A,�
Corps Regulatory Official. 587066 cn=JANICZAK.CATH01.34ERINE04'00' 535587066
O Date: 2018.10.31 07:01:34 -04'00'
Date of JD: 10/31/2018 Expiration Date of JD: Not applicable

SAW-2018-01280
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.anny.mil/cm_apex/Vp=136:4:0
Copy furnished:
Agent: TRC Environmental Corporation
Heather Patti
Address: 5540 Centerview Dr., Ste 100
Raleigh, NC 27606
Telephone Number: 919-256-6236
E-mail: hpatti(&tresolutions.com

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Jean Elliot File Number: SAW-2018-01280
Date: 10/31/2018
Attached
is:
See Section below
F-11
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.army.mil/Missions/CivilWorks/RegulatoryProgramandPennits.asi)x
or the Corps regulations at 33 CFR Part 331. AL
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. Jason Steele, 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 1OM15
8430 University Executive Park Drive, Suite 615
Atlanta, Georgia 30303-8801
Charlotte, North Carolina 28262
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
Date:
Telephone number:
Signature of appellant or agent.
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. Jason Steele, Administrative Appeal
Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801
Phone: [phone]

PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 10/31/2018
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Jean Elliot, 117 Beam St.,Fallston, NC 28042
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Apex Solar PJD, SAW-2018-01280
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The review area is located 0.589 miles
Southeast of the intersection of E Stage Coach Trail and Pony Barn Road in Cleveland Co. PIN(s): 35585, 35586,
35587, 35589, 44457, 57509, 59529, 35641, 35642, 35644, 35649, 54007, and 71199.
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County: Cleveland City: Lawndale
Center coordinates of site (lat/long in degree decimal format): Latitude: 35.420767 Longitude:-81.4791
Universal Transverse Mercator:
Name of nearest waterbody: Buffalo Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
® Field Determination. Date(s): 09/26/2018
TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Estimated amount of
Geographic authority to
Type of aquatic
Latitude (decimal
Longitude (decimal
aquatic resources in
resources (i.e.,
which the aquatic resource
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)
D1
35.414840
-81.472738
279.24 linear feet
Non -wetland
Sec. 404
S1
35.432205
-81.479223
163.55 linear feet
Non -wetland
Sec. 404
S3
35.427519
-81.477480
1050.17 linear feet
Non -wetland
Sec. 404
S5
35.427491
-81.478458
17.99 linear feet
Non -wetland
Sec. 404
S6
35.425166
-81.474270
1432.18 linear feet
Non -wetland
Sec. 404
S9
35.421881
-81.476677
567.15 linear feet
Non -wetland
Sec. 404
S913
35.422007
-81.477852
51.36 linear feet
Non -wetland
Sec. 404
S10
35.414759
-81.477921
1063.04 linear feet
Non -wetland
Sec. 404

S10a
35.417022
-81.481882
146.38 linear feet
Non -wetland
Sec. 404
S11
35.413770
-81.480581
780.51 linear feet
Non -wetland
Sec. 404
S11B
35.412353
-81.482188
29.75 linear feet
Non -wetland
Sec. 404
S12
35.414562
-81.481043
96.3 linear feet
Non -wetland
Sec. 404
S13
35.410243
-81.478894
73.59 linear feet
Non -wetland
Sec. 404
S15
35.410540
-81.477049
420.48 linear feet
Non -wetland
Sec. 404
S17
35.412809
-81.487602
489.33 linear feet
Non -wetland
Sec. 404
S22
35.408530
-81.486371
162.44 linear feet
Non -wetland
Sec. 404
P1
35.410277
-81.477925
0.57 acres
Non -wetland
Sec. 404
W2
35.415696
-81.474383
7.71 acres
Wetland
Sec. 404
W3
35.410269
-81.478854
0.23 acres
Wetland
Sec. 404
W1
35.430873
-81.476022
0.46 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 7D (AID) for that review area based on an informed decision after having discussed the
various types of 7Ds 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 AID 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 AID
before accepting the terms and conditions of the permit authorization, and that basing a permit
authorization on an AID 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 AID
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 AID
or a PJD, the 7D will be processed as soon as practicable. Further, an AID, 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 AID 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: Figure 4 (Dated October 17, 2018)_
® 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 Atlas:
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
❑ U.S. Geological Survey map(s). Cite scale & quad name:
❑ Natural Resources Conservation Service Soil Survey. Citation:
❑ National wetlands inventory map(s). Cite name:
❑ State/local wetland inventory map(s):
❑ FENWFIRM maps:
❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
® Photographs: ®Aerial (Name & Date): Figure 2 (Dated March 2018)
or ®Other (Name & Date): Photograph Log (Dated 04/02/2018)_
❑ 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 Corus and should not be relied uuon for later jurisdictional determinations.
Digitally signed by
JANICZAK.CA JANICZAK.CATHERINE.MARIE.15
35587066
THERINE.MARI DN: c=US, o=U.S. Government,
ou=DoD, ou=PKI, ou=USA,
153 58 066K.CATHERINE.MARIE
E.1535587066
Date:2018.10.31 07:02:01-04'00'
Signature and date of Regulatory
staff member completing PJD
10/31/2018
Signature and date of person requesting PJD
(REQUIRED, unless obtaining the signature is
impracticable) t
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.

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