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Form Version 1.3 Dec 10 2008
Pre -Construction Notification PCN Form
A. Applicant Information
1. Processing 2
Q
1 a. Type(s) of approval sought from the
Corps:
®Section 404 Permit El Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: NWP 12 and 14 or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps?
® Yes
❑ No
1d. Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ® Riparian Buffer Authorization
1 e. Is this notification solely for the record
because written approval is not required?
For the record only for DWQ 401
Certification:
❑ Yes ® No
For the record only for Corps Permit:
❑ Yes ® No
1f Is payment into a mitigation bank or in -lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu
fee program.
❑ Yes
® No
1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h
below
❑ Yes
® No
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
® No
2. Project Information
2a. Name of project:
Creech 2 Solar, LLC
2b. County:
Wake
2c. Nearest municipality / town:
Garner
2d. Subdivision name:
inn
FE (9�
2e. NCDOT only, T.I.P. or state
project no:
1KF
A, ii: A Q gnig
3. Owner Information
3a. Name(s) on Recorded Deed:
Several -See Attached Owner Information Table
D E RE
3b. Deed Book and Page No.
3c. Responsible Party (for LLC if
applicable).
3d. Street address:
3e. City, state, zip:
3f. Telephone no:
3g. Fax no.:
3h. Email address:
Page 1 of 12
PCN Form — Version 1.3 December 10, 2008 Version

4. Applicant Information (if different from owner)
4a. Applicant is:
❑ Agent ® Other, specify: Developer
4b Name•
Mr. Evan Riley
4c. Business name
(if applicable):
Dogwood Creek Land Holdings, LLC
4d. Street address:
3250 Ocean Park Boulevard
4e. City, state, zip:
Santa Monica CA, 90403
4f. Telephone no..
310.581.6299
4g. Fax no .
213.347.9382
4h Email address
[e-mail]
5. Agent/Consultant Information (if applicable)
5a. Name:
Bradley S. Luckey
5b. Business name
(if applicable):
Pilot Environmental Inc.
5c. Street address:
PO Box 128
5d. City, state, zip•
Kernersville, NC 27285
5e. Telephone no.:
336.708.4997
5f. Fax no.:
5g. Email address:
[e-mail]
Page 2 of 12
PCN Form — Version 1.3 December 10, 2008 Version

B. Project Information and Prior Project History
1. Property Identification
1 a. Property identification no (tax PIN or parcel ID):
Several -See Attached Land Owner Table
1 b. Site coordinates (in decimal degrees):
Latitude: 3572366 Longitude: - 78 60671
(DD DDDDDD) (-DD DDDDDD)
1 c. Property size.
62 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
Little Arm Branch
proposed project
2b. Water Quality Classification of nearest receiving water:
Class C, NSW
2c. River basin:
Neuse
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The site contains undeveloped wooded land. Structures are not located on the site. The site is located in a
residential/rural area of Garner.
3b. List the total estimated acreage of all existing wetlands on the property.
--0.50 acres
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
streams= -2,500
3d. Explain the purpose of the proposed project:
The purpose of the proposed project is to provide access and interconnection during development and long term
maintenance of the site as a solar farm.
3e. Describe the overall project in detail, including the type of equipment to be used:
The overall project consists of development of the site with a proposed solar farm. In order to facilitate development and
long term maintenance of the solar farm, road and utility crossing are necessary To facilitate development of the site and
construction of the proposed road/utility crossings, clearing and grading the site are necessary. Graders, haulers,
excavators and other heavy equipment will be used during site construction.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
® Yes ❑ No ® Unknown
project (including all prior phases) in the past?
Comments: USACE SAW -2015-00321
4b. If the Corps made the jurisdictional determination, what type
®Preliminary F1 Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas?
Agency/Consultant Company: Terracon
Name (if known): Unknown
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
USACE SAW -2015-00321
5. Project History
5a. Have permits or certifications been requested or obtained for
❑ Yes ® No ❑ Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
Page 3 of 12
PCN Form — Version 1.3 December 10, 2008 Version

6. Future Project Plans
6a. Is this a phased project? ❑ Yes ® No
6b. If yes, explain.
The project is not part of a phased project. Impacts to streams/wetlands, outside of those proposed in this appilication,
are not anticipated as a result of the proposed project.
Page 4 of 12
PCN Form — Version 1.3 December 10, 2008 Version

C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
® Wetlands ® Streams - tributaries ® Buffers
❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
2b.
2c.
2d.
2e
2f.
Wetland impact
Type of jurisdiction
number —
Type of impact
Type of wetland
Forested
(Corps - 404, 10
Area of impact
Permanent (P) or
(if known)
DWQ — non -404, other)
(acres)
Temporary T
W1 ®P ❑ T
Culvert/Fill
Bottomland
Hardwood
® Yes
❑ No
® Corps
❑ DWQ
0.015
W2 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W3 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W4 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W5 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W6 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
2g. Total wetland impacts
0.015
2h. Comments: A cumulative total of 0.015 acres of wetland will be permanently impacted with a road crossing and the
installation of 15" RCP culvert and assoicated rip -rap energy dissipator to provide access to the western site tract.
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
3b.
3c.
3d.
3e.
3f.
3g.
Stream impact
Type of impact
Stream name
Perennial
Type of jurisdiction
Average
Impact
number -
(PER) or
(Corps - 404, 10
stream
length
Permanent (P) or
intermittent
DWQ — non -404,
width
(linear
Temporary (T)
(INT)?
other)
(feet)
feet)
S1 ®P ®T
Culvert/Pump
Unnamed
® PER
® Corps
6
111/12
Around
❑ INT
❑ DWQ
S2 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S3 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S4 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S5 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S6 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
3h. Total stream and tributary impacts
111/12
31. Comments: The proposed stream crossing will permanetly impact 111 linear feet of perennial stream channel and
temporarily impact 12 linear feet of stream channel with the assoicated pump around. Areas of temporary impact will be
restored to similar pre -construction conditions.
Page 5 of 12
PCN Form — Version 1.3 December 10, 2008 Version

4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a.
Open water
impact number —
Permanent (P) or
Temporary T
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody type
4e.
Area of impact (acres)
01 ❑P❑T
02 ❑P❑T
03 ❑P❑T
04 ❑P❑T
4E Total open water impacts
4g. Comments- Open water impacts are not being proposed.
5. Pond or Lake Construction
If pond or lake construction proposed, the complete the chart below.
5a.
Pond ID
number
5b.
Proposed use or purpose
of pond
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5f. Total
5g. Comments: Construction of ponds/lakes are not being proposed.
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
Page 6 of 12
PCN Form — Version 1.3 December 10, 2008 Version

6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a.
® Neuse ❑ Tar -Pamlico ❑ Other:
Project is in which protected basin?
❑ Catawba ❑ Randleman
6b.
6c.
6d.
6e.
6f.
6g
Buffer impact
number —
Reason
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P) or
for
Stream name
mitigation
(square feet)
(square feet)
Temporary T
impact
required.
B1 ®P ❑ T
Road
Crossing
Unnamed
❑ Yes
® No
6,384
1,885
OH
B2 ®P ❑ T
Electric
Utility
Unnamed
❑ Yes
® No
1,962
1,204
Line
B3 ❑P❑T
F1 Yes
❑ No
6h. Total buffer impacts
8,346
3,089
6i. Comments: The road crossing to provide access to the eastern site tract will permanently impact 6,384 SF of Zone 1 and
1,885 SF of Zone 2 buffer. The crossing has been designed in accordance with allowable without mitigation on the Neuse
Table of Uses requirements. The overhead electric utility line crossing consists of a 60 foot wide permanent maintained
easement that crosses the stream within 15 degrees of perpendicular. The overhead electric utility line crossing will
permanently impact 1,962 SF of Zone 1 and 1,204 SF of Zone 2 buffer in accordance with exempt on the Nuese River Table
of Uses requirements.
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Several design options have been evaluated in attempt to avoid and minimize impact to streams, wetlands and buffers. One
option included road and utility interconnection between the eastern and western site development areas. However, the road
crossing between the two tracts was determined to not be a practical alternative compared to secondary site access to the
western tract from an additional site parcel that was recently leased/purchased by the developer. Through the lease/purchase
of additional land to provide secondary site access, the applicant successfully eliminated a stream crossing that would have
significant impact to jurisdictional features due to the existing topographic conditions of the stream seperating the two site
development tracts.
A second design included road access to the eastern site tract along the northern parcel boundary. However, this design
would have resulted in stream and wetland impacts. The applicant re -designed the road crossing in an area that only the
stream would be impacted and wetland impacts assoicated with this crossing would be eliminated.
The solar array and necessary infrastructure (overhead/underground voltage lines, inverters, etc) have been designed to avoid
impacts to jurisdictional streams, wetlands and buffers. There is approximately 0.50 acres of wetlands, 2,500 feet of stream
channel located on the site. The remaining 2,389 linear feet of stream channel and 0.35 acres of wetlands are being avioded.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
The clearing limits will be staked and silt fence will be used. A temporary coffer dam will be installed upgradient of the
proposed culvert/stream crossing. During construction, water will be pumped around the construction footprint. Appropriate
stream bank protection will be provided in the channel during construction and all excess excavated material will be
immediately removed from the stream bank crossing area. Upon completion of the culvert installation, the temporary sand bag
coffer dams will be removed and flow will be diverted through the culvert. Following construction, disturbed banks will be
restored to similair pre -construction conditions, matted and seeded/live staked.
Page 7 of 12
PCN Form — Version 1.3 December 10, 2008 Version

2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
❑ Yes ® No
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
2c. If yes, which mitigation option will be used for this project?
❑ Mitigation bank
❑ Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type
Quantity
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program J
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b. Stream mitigation requested:
linear feet
4c. If using stream mitigation, stream temperature:
❑ warm ❑ cool ❑cold
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
acres
4f. Non -riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
❑ Yes ® No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone
6c.
Reason for impact
6d.'
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
Page 8 of 12
PCN Form — Version 1.3 December 10, 2008 Version

6h. Comments:
Page 9 of 12
PCN Form — Version 1.3 December 10, 2008 Version

E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified
® Yes ❑ No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
Comments: SW flow will not be concentrated during or following site development
❑ Yes ® No
activites.
2. Stormwater Management Plan
2a What is the overall percent imperviousness of this project?
<5 %
2b. Does this project require a Stormwater Management Plan?
❑ Yes ® No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why: Based on the % impervious, a
stormwater management plan is not requried.
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
❑ Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan?
❑ DWQ Stormwater Program
❑ DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project?
❑ Phase II
3b. Which of the following locally -implemented stormwater management programs
❑ NSW
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other:
3c. Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
4. DWQ Stormwater Program Review
❑ Coastal counties
[:1 HQWEl
4a. Which of the following state -implemented stormwater management programs apply
ORW
(check all that apply):
❑ Session Law 2006-246
❑ Other:
4b Has the approved Stormwater Management Plan with proof of approval been
attached?
❑ Yes ❑ No
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 10 of 12
PCN Form — Version 1.3 December 10, 2008 Version

F.
Supplementary Information
1.
Environmental Documentation (DWQ Requirement)
1 a.
Does the project involve an expenditure of public (federal/state/local) funds or the
❑ Yes
® No
use of public (federal/state) land?
1 b.
If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes
® No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
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 NEPA or SEPA final approval
❑ Yes
® No
letter.)
Comments: A NEPA or SEPA is not required as part of this project.
2.
Violations (DWQ Requirement)
2a.
Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
❑ Yes
® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b.
Is this an after -the -fact permit application?
❑ Yes
® No
2c.
If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3.
Cumulative Impacts (DWQ Requirement)
3a.
Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes
® No
additional development, which could impact nearby downstream water quality?
3b
If you answered 'yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
We are not aware of additional development that will impact nearby downstream water quality.
4.
Sewage Disposal (DWQ Requirement)
4a.
Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
Wastewater will not be generated by the proposed project.
Page 11 of 12
PCN Form — Version 1 3 December 10, 2008 Version

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur In or near an area with federally protected species or
❑ Yes ® No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
® Yes ❑ No
Impacts?
® Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted.
❑ Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
USFWS Letter dated, 11/6/14 (attached) for 47 acre portion of the site.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
Based on our knowledge of the site, the site is not located in or near an area designated as essential fish habitat. Best
management practices and the use of temporary sediment and erosion control devices will prevent sediment from entering
down -gradient waterbodies which may contain fish.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes ® No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
SHPO reviewed approximately 47 acres of proposed project as part of a state clearinghouse review of the project. SHPO
Letter dated 10/2/14 (attached)
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 100 -year floodplain?
❑ Yes ® No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? FEMA FIRM 372017100J
Digitally signed Bradley S Luckey
DN: cn=Bradley S 5 Luckey, o=Pilot
Bradley S. Luckey
— Environmental, Inc., ou,
± email=bluckey@pdotenvuo com, c=US
8/5/16
Date. 2016 08 05 16 12.29 -04'00'
Applicant/Agent's Printed Name
Date
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization letter from the applicant
is provided
Page 12 of 12
PCN Form — Version 1.3 December 10, 2008 Version

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United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh ES Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
November 6, 2014
Katie Haney
Terracon Consultants, Inc.
2401 Brentwood Road, Suite 107
Raleigh, NC 27604
Re: Creech Solar 2, LLC- Wake County, NC
Dear Ms. Haney:
This letter is to inform you that a list of all federally -protected endangered and threatened species
with known occurrences in North Carolina is now available on the U.S. Fish and Wildlife
Service's (Service) web page at http://www.fws.gov/i-aleigh. Therefore, if you have projects that
occur within the Raleigh Field Office's area of responsibility (see attached county list), you no
longer need to contact the Raleigh Field Office for a list of federally -protected species.
Our web page contains a complete and frequently updated list of all endangered and threatened
species protected by the provisions of the Endangered Species Act of 1973, as amended (16
U.S.C. 1531 et seq.)(Act), and a list of federal species of concern that are known to occur in
each county in North Carolina.
Section 7 of the Act requires that all federal agencies (or their designated non-federal
representative), in consultation with the Service, insure that any action federally authorized,
fiinded, or carried out by such agencies is not likely to jeopardize the continued existence of any
federally -listed endangered or threatened species. A biological assessment or evaluation may be
prepared to fulfill that requirement and in determining whether additional consultation with the
Service is necessary. In addition to the federally -protected species list, information on the
species' life histories and habitats and information on completing a biological assessment or
evaluation and can be found on our web page at http://www.fws.gov/raleigh. Please check the
web site often for updated information or changes.
I The term "federal species of concern" refers to those species which the Service believes might be in need of
concentrated conservation actions. Federal species of concern receive no legal protection and their designation does
not necessarily imply that the species will eventually be proposed for listing as a federally endangered or threatened
species. However, we recommend that all practicable measures be taken to avoid or minimize adverse impacts to
federal species of concern.

If your project contains suitable habitat for any of the federally -listed species known to be
present within the county where your project occurs, the proposed action has the potential to
adversely affect those species. As such, we recommend that surveys be conducted to determine
the species' presence or absence within the project area. The use of North Carolina Natural
Heritage program data should not be substituted for actual field surveys.
If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely
to adversely affect) a federally -protected species, you should notify this office with your
determination, the results of your surveys, survey methodologies, and an analysis of the effects
of the action on listed species, including consideration of direct, indirect, and cumulative effects,
before conducting any activities that might affect the species. If you determine that the proposed
action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally
listed species, then you are not required to contact our office for concurrence (unless an
Environmental Impact Statement is prepared). However, you should maintain a complete record
of the assessment, including steps leading to your determination of effect, the qualified personnel
conducting the assessment, habitat conditions, site photographs, and any other related articles.
With regard to the above -referenced project, we offer the following remarks. Our comments are
submitted pursuant to, and in accordance with, provisions of the Endangered Species Act.
Based on the information provided and other information available, it appears that the proposed
action is not likely to adversely affect any federally -listed endangered or threatened species, their
formally designated critical habitat, or species currently proposed for listing under the Act at
these sites. We believe that the requirements of section 7(a)(2) of the Act have been satisfied for
your project. Please remember that obligations under section 7 consultation must be
reconsidered if: (1) new information reveals impacts of this identified action that may affect
listed species or critical habitat in a manner not previously considered; (2) this action is
subsequently modified in a manner that was not considered in this review; or, (3) a new species
is listed or critical habitat determined that may be affected by the identified action.
However, the Service is concerned about the potential impacts the proposed action might have
on aquatic species. Aquatic resources are highly susceptible to sedimentation. Therefore, we
recommend that all practicable measures be taken to avoid adverse impacts to aquatic species,
including implementing directional boring methods and stringent sediment and erosion control
measures. An erosion and sedimentation control plan should be submitted to and approved by
the North Carolina Division of Land Resources, Land Quality Section prior to construction.
Erosion and sedimentation controls should be installed and maintained between the construction
site and any nearby down -gradient surface waters. In addition, we recommend maintaining
natural, vegetated buffers on all streams and creeks adjacent to the project site.
The North Carolina Wildlife Resources Comunission has developed a Guidance Memorandum (a
copy can be found on our website at (http://www.fws.gov/raleigh) to address and mitigate
secondary and cumulative impacts to aquatic and terrestrial wildlife resources and water quality.
We recommend that you consider this document in the development of your projects and in
completing an initiation package for consultation (if necessary).
2

We hope you find our web page useful and informative and that following the process described
above will reduce the time required, and eliminate the need, for general correspondence for
species' lists. If you have any questions or comments, please contact Kathy Matthews of this
office at (9l 9) 856-4520 ext. 27.
Sincerely,
Yd4w�r- VO%'gjO-
Pete Benjamin
Field Supervisor

COUNTY: WAKE
NORTH CAROLINA STATE CLEARINGHOUSE
DEPARTMENT OF ADMINISTRATION
INTERGOVERNMENTAL REVIEW
H11:ENERGY RELATED
FACILITIES/ACT
MS RENEE GLEDHILL-EARLEY
CLEARINGHOUSE COORDINATOR
DEPT OF CULTURAL RESOURCES
STATE HISTORIC PRESERVATION OFFICE
MSC 4617 - ARCHIVES BUILDING
RALEIGH NC
REVIEW DISTRIBUTION
CC&PS - DIV OF EMERGENCY MANAGEMENT
DENR LEGISLATIVE AFFAIRS
DEPT OF AGRICULTURE
DEPT OF CULTURAL RESOURCES
DEPT OF TRANSPORTATION
TRIANGLE J COG
PROJECT INFO
APPLICANT: N.C.
TYPE: State Environ
Environmental
rtment of Commerce
w,ntal Policy Act
P
SEP 19 2014
L_.._.,....__ �—
�iISTvRIGg�UAilCi� OFl
L,t7asbf ih �%L )-.
DESC: Application of Pine to Holdings, LLC for Certificate to construct a 4.998 MW
Solar Photovoltaic Elec is Generating Facility in Wake Co. Docket #SP -3834, Sub
47. - view document at
http://starwl.ncuc.net/NCUC/p al/ncuc/page/Dockets/portal.aspx, Type SP -3834
Sub 47 in the Docket Number se h line. -
D� ;a .
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10,
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Located on Creech Road, Garner, NC
The attached project has been submitted to the N. C. State Clearinghouse for
intergovernmental review. Please review and submit your response by the above
indicated date to 1301 Mail Service Center, Raleigh NC 27699-1301.
If additional review time is needed, please contact this office at [phone].
AS A RESULT OF THIS REVIEW THE FOLLOWING IS SUBMITTED: M_ NO COMMENT ❑ COMMENTS ATTACHED
SIGNED BY: )Aid DATE: 1c) - Z - #
110EAD
d
O
STATE NUMBER:
15-E-4600-0200
DATE RECEIVED:
09/16/2014
J
AGENCY RESPONSE:
10/13/2014
Q
REVIEW CLOSED:
10/16/2014LL
V
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'4
10,
cD
Located on Creech Road, Garner, NC
The attached project has been submitted to the N. C. State Clearinghouse for
intergovernmental review. Please review and submit your response by the above
indicated date to 1301 Mail Service Center, Raleigh NC 27699-1301.
If additional review time is needed, please contact this office at [phone].
AS A RESULT OF THIS REVIEW THE FOLLOWING IS SUBMITTED: M_ NO COMMENT ❑ COMMENTS ATTACHED
SIGNED BY: )Aid DATE: 1c) - Z - #
Sci' 2 2 2014
X
110EAD
Sci' 2 2 2014
X

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DocuSign Envelope ID 6D4DA67D-CF85-4FAA-87AC-4830C9289DAE
AGENT AUTHORIZATION
This form authorizes PEI to act as our agent in stream/wetland matters including U.S. Army
Corps of Engineers and North Carolina Division of Water Resources field verification and
permitting.
Property Address: 1101 Creech Rd, Garner, NC 27529
Owner/Applicant Information:
Name:
Address:
Dogwood Creek Land Holdings, LLC
3250 Ocean Park Blvd, Suite 355, Santa Monica, CA 90403
Telephone Number: 310 5816299
Fax Number:
213 347 9382
E-mail Address: [e-mail]
E ned by:
K14 8/4/2016
Signature: E,A8,4985F34495 Date:

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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW -2015-00321 County: Wake U.S.G.S. Quad: Garner
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner: Sion Keith Agent: Terracon Consultants
attn: Ted Melchers
Address: 1275 Eli Olive Road 1450 Fifth Street West
Smithfield, NC 27577 N. Charleston, SC 29405
Nancy and Cindy Whalen
6506 26" Street N
Arlington, VA 22213
Peggy Rahimpour
25 Kennedy Drive
Portsmouth, VA 23702
031
Property description:
Size (acres) 49 Nearest Town Garner
Nearest Waterway Big Branch River Basin Neuse -Pamlico River Basin
USGS HUC 03020201 Coordinates N 35.7219 W -78.6043
Location description The _pro meet area is approximately 49 acres, located on the west side of Creech Road in Garner,
Wake Cou_nty,_North Carolina. Parcel ID #'s are 1711881299,1711776996,1711686608, and 1711696340.
Project revised from the original 49 acres site to a 65 acre site at the same location.
Indicate Which of the Following Apply:
A. Preliminary Determination
X Based on preliminary information,_ there may be waters of the U.S. including wetlands on the above described
project area. We strongly suggest you have this property inspected to determine the extent of Department of the
Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This
preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal
Process ( Reference 33 CFR Part 331). 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. See preliminary jurisdictional determination form dated August
31, 2015.
Per your request dated May 5, 2016, this preliminary determination is modified to
include additional acreage to increase the project sit to 65 acres. All other
conditions and determinations of the original preliminary determination still
apply to this modified preliminary determination.
B. Approved Determination
There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. 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 waters of the U.S. including wetlands on the above described project area 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 strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps.
Page 1 of 2

The waters of the U.S. including wetlands on your project area have been delineated and the delineation has been verified
by the Corps. 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 of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat
signed by the Corps Regulatory Official identified below on 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 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 and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact John Thomas at [phone] ext. 25.
C. Basis For Determination Based on information submitted by Headwater Environmental, Inc, the site exhibits
criteria for waters of the U.S. as defined in 33 CFR 328.3, Regulatory Guidance Letter 05-05, the Jurisdictional
Determination Form Instructional Guidebook (i.e. Rapanos Guidance), the 1987 Wetland Delineation Manual, and
the Regional Supplement to the 1987 Manual: Eastern Piedmont and Mountains v2.0.
D. Remarks None.
E. Attention USDA Program Participants
This del ineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the
particular site identified in this request. The del ineation/deteraination 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 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: 1/29/2016
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 attached customer Satisfaction Survey or visit http-//pert.nwp.usace.ariny.mil/survey.html to
complete the survey online.

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Sion Keith
File Number: SAW-2015-00321
Date: January 29, 2016
Nancy and Cindy Whalen
PeggX Rahiml2our
Attached is: See Section below
01 INITIAL PROFFERED PERMIT (Standard Permit or Letter ofpermission) A
E:11 PROFFERED PERMIT (Standard Pen-nit or Letter of permission) 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 http://www.usace.anny.mil/inet/functions/ew/cecwo/red or
Cors regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
o 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 terns 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
o ACCEPT: If you received a Standard Permit, you may sign the permit docunent 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 terns and conditions, and approved jurisdictional determinations associated with the
permit.
e APPEAL. If you choose to decline the proffered pen-nit (Standard or LOP) because of certain terns 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 wider 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.
i
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
i Administrative Appeal Process by completing Section 1I 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 memoiandwm 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 only have questions regarding the appeal process
you may also contact:
District Engineer, Wilmington Regulatory Division, Attn:
David Shaeffer, 3331 Heritage Trade Drive, Suite 105,
Wake Forest, North Carolina 27587
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any goverument
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:
s
Signature of appellant or agent.
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 10M15, Atlanta, Georgia 30303-8801
Phone: [phone]

I'AY 0 9 2016
A7 7ACiHNfEr`Vi'A `'�F �E�°C?
GU�ATORYC
PRELIMINARY JURISDICTIONAL DETERMINATION FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DAVE FOR PRELIMINARY JURISDICTIONAL
DETERMINATION ION (JD):
B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY %�-D:
Ted Melchers 1 Terracon
1450 Fifth Street West, North Charleston, SC 29405
C. DISTRICT OFFICE, FILE DAME, AND NUMBER:
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
Creech Road, Gamer, North Carolina
(USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT
SITES)
State: NC County/parish/borough: Wake City: Gamer
Center coordinates of site (lat/long in degree decimal format):
Lat. 35.722589° °N; Long, -78.606967° QW.
Universal Transverse Mercator:
Name of nearest waterbody: Big Branch
Identify (estimate) amount of waters in the review area:
Non -wetland waters:
TBD linear feet: 3-25 width (ft) and/or acres.
CGwardin Class: Jurisdictional seasonal and perennial Relatively Permanent Water Tributary
Stream Flow: Freshwater Stream
Wetlands: 0.26 acres.
CGwardin Class: Freshwater Jurisdictional Wetlands
Name of any water bodies on the site that have been identified as Section 10
waters:
Tidal:
Non -Tidal:
1

E. REVIEW PERFORMED FOR SITE EVALUATIO14 (CHECK ALL THAI -
APPLY):
F&/]Office (Desk) Determination. Date: April 2016
0' Field Determination. Date(s): October 21-22,2014 and April 19, 2016
SUPPORTING DATA. Data reviewed for preliminary JD
(cheek all that apply - checked items should be included in case file and,
where checked and requested; appropriately reference sources below):
R] Maps, plans, plots or plat submitted by or on behalf of the
applicant/consultant: Terracon
® Data sheets prepared/submitted by or on behalf of the
aplA nt/consultant.
Office concurs with data sheets/delineation report.
Office does not concur with data sheets/delineation report.
❑ 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
0 U.S. Geological Survey map(s). Cite scale & quad name: 1:24,000 Garner
USDA Natural Resources Conservation Service Soil Survey.
Citation: USDA NRCS - Websoil Survey
® National wetlands inventory map(s). Cite name: USFWS NWI
❑ State/Local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100 -year Floodplain Elevation is:
(National Geodectic Vertical Datum of 1929)
0 Photographs: ❑✓ Aerial (Name & Date): 2010 ESRI World Imagery or
® Other (Name & Date): U.S. Geological Survey 1998 Color Infrared
❑ Previous determination(s). File no. and date of response letter:
❑ Other information (please specify):
2

1. The Corps of Engineers believes that there may be jurisdictional waters of the
United States on the subject site, and the permit applicant or other affected party
who requested this preliminary JD is hereby advised of his or her option to
request and obtain an approved jurisdictional determination (JD) for that site.
Nevertheless, the permit applicant or other person who requested this
preliminary JD has declined to exercise the option to obtain an approved JD in
this instance and at this time.
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
approved JD for the activity, the permit applicant is hereby made aware of the
following: (1) the permit applicant has elected to seek a permit authorization
based on a preliminary JD, which does not make an official determination of
jurisdictional waters; (2) that the applicant has the option to request an approved
JD before accepting the terms and conditions of the permit authorization, and
that basing a permit authorization on an approved JD could possibly result in less
compensatory mitigation being required or different special conditions; (3) that
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)
that 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) that undertaking
any activity in reliance upon the subject permit authorization without requesting
an approved JD constitutes the applicant's acceptance of the use of the
preliminary JD, but that either form of JD will be processed as soon as is
practicable; (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 preliminary JD constitutes agreement that all
wetlands and other water bodies on the site affected in any way by that activity
are jurisdictional waters of the United States, and precludes 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 approved JD or a preliminary JD, that JD
will be processed as soon as is practicable. Further, an approved JD, 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,
and that in any administrative appeal, jurisdictional issues can be raised (see 33
C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary
to make an official determination whether CWA jurisdiction exists over a site, or
to provide an official delineation of jurisdictional waters on the site, the Corps will
provide an approved JD to accomplish that result, as soon as is practicable.

This preliminary JD finds that there 'may be" waters of the United States on the
subject project site, and identifies all aquatic features on the site that could be
affected by the proposed activity, based on the following information:
- f � r)tA' - 1512 o16 A. 4�4k4 g� 71&
na
ture and date o YZSig ture and date of
egulatory Project Ma ager person requesting preliminary JD
(REQUIRED) (REQUIRED, unless obtaining
the signature is impracticable)
4

M
Feature
latitude
Longitude
Cowardin Class
Estimated
Classification
Amount of
Aquatic
Resources in
Review Area
Jurisdictional
35.722926°
-78.603838°
Freshwater
0.26 Acres
Non -section 10
Wetland 1
Wetland
stream
Jurisdictional
35.7229010
-78.607070°
Freshwater
0.03 Acres
Non -section 10
Wetland 2
Wetland
stream
Jurisdictional
35.7237560
-78.608369°
Freshwater
0.12 Acres
Non -section 10
Wetland 3
Wetland
stream
Jurisdictional
35.7222110
-78.605444'
Freshwater
910 Linear Feet
Non -section 10
pRPW Tributary
Stream
stream
1
Jurisdictional
35.7222880
-78.603364°
Freshwater
750 Linear Feet
Non -section 10
pRPW Tributary
Stream
stream
2
Jurisdictional
35.7236060
-78.606815°
Freshwater
950 Linear Feet
Non -section 10
sRPW Tributary
Stream
stream
1
Jurisdictional
35.723068°
-78.606350°
Freshwater
300 Linear Feet
Non -section 10
sRPW Tributary
Stream
stream
2
Jurisdictional
35.726744'
-78.605558°
Freshwater
50 Linear Feet
Non -section 10
sRPW Tributary
Stream
stream
3
Jurisdictional
35.722493°
-78.605859°
FreshwaterTBD
Non -section 10
RPW TributaryB
Stream
stream