20171079 Ver 1_401 Application_20170828

Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre -Construction Notification PCN Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the
Corps:
®Section 404 Permit El Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: NWP 39 or General Permit (GP) number:
1 c. 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:
Bakatsias Solar Farm
2b. County:
Alamance
2c. Nearest municipality / town:
Haw River
2d. Subdivision name:
2e. NCDOT only, T.I.P. or state
project no:
3. Owner Information
3a. Name(s) on Recorded Deed:
Melville Plastics Inc. & Burnt Shops Inc.
3b. Deed Book and Page No.
437/607 & 427/139
3c. Responsible Party (for LLC if
applicable):
3d. Street address:
1400 North Jim Minor Road
3e. City, state, zip:
Haw River, NC 27258
'S' '
3f. Telephone no.:
95
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. Geoff Fallon.
4c. Business name
(if applicable):
Bakatsias Solar Farm, LLC
4d. Street address:
3250 Ocean Park Boulevard, Suite 355
4e. City, state, zip:
Santa Monica CA, 90405
4f. Telephone no.:
919.368.8678
4g. Fax no.:
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:
Kemersville, 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
1a. Property identification no. (tax PIN or parcel ID):
8894-76-2250 & 2294-74-2981
1 b. Site coordinates (in decimal degrees):
Latitude: 36.07310 Longitude: - 79.34513
(DD.DDDDDD) (-DD.DDDDDD)
1c. Property size:
35 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
Back Creek
proposed project:
2b. Water Quality Classification of nearest receiving water:
WS -V, NSW
2c. River basin:
Cape Fear
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 and overgrown fields. Kronsberg Court (Ralph Scott Road) and assoicated
ROW transects the central portion of the site. Structures are not located on the site. The site is located in a
commercial/industrial area of Haw River.
3b. List the total estimated acreage of all existing wetlands on the property:
--3 acres
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
—3,000'
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. To facilitate development of the site
and construction of the proposed stream crossing, clearing and grading the site is 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 El No El Unknown
project (including all prior phases) in the past?
Comments: USACE SAW -2016-02023
4b. If the Corps made the jurisdictional determination, what type
E] Preliminary ®Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas?
Agency/Consultant Company: Headwater Enviromental,
Inc.
Name (if known): Unknown
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
SAW -2016-02023,1.23.17 & NCDEQ-DWR, 10.18.16
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
Fill
Bottomland
Hardwoods
® Yes
❑ No
® Corps
❑ DWQ
0.08
W2 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W3 []PMT
❑ 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
0.08
2h. Comments: The proposed projects solar array will permanetly impact 0.08 acres of wetlands with fill.
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
Rip-Rap/Pump
Around
UNT Back Creek
❑ PER
® INT
® Corps
❑ DWQ
4
30/50
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
30/50
3i. Comments: The proposed stream crossing will permanetly impact 30 linear feet of intermittent stream channel with rip -rap
and temporarily impact 50 linear feet of stream channel with the assoicated pump around. Areas of temporary impact will be
restored to similar pre -construction conditions.
The stream crossing will utilize an existing 40'36" CMP culvert at an existing ravel drive/crossing and culvert fill is not being
Page 5 of 12
PCN Form — Version 1.3 December 10, 2008 Version

proposed by the applicant.
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
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[IT
04 ❑P❑T
4f. 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:
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PCN Form — Version 1.3 December 10, 2008 Version

6. Buffer Impacts (for DWO)
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 ❑TarrPamlico ®Other: Jordan Lake
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
impact
required?
B1 ®P ®T
Road
Crossing
LINT Back Creek
❑ Yes
® No
3,500/1,000
2,000/0
B2 ❑P❑T
El Yes
❑ No
B3 ❑ PEI T
El Yes
❑ No
6h. Total buffer impacts
r 3,500/1,000
2,000/0
6i. Comments: The road crossing will permanently impact 3,500SF of Zone 1 and 2,000 SF of Zone 2 riparian buffer, outside
the existing road crossing location. Additionally, the road crossing will temporarily impact 1,OOOSF of Zone 1 riparian buffer.
Areas of temporary impact will be re -planted with woody tree species and seeded with native herbaceous vegetation. Due the
road crossing impacting less than 40LF of stream channel outside the existing road crossing footprint, written buffer
authorization from Haw River is not necessary for the proposed exempt activity.
D. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Due to the development and use of the site as a solar farm, an access road must be improved to provide interconnectivity of
the site during construction and long term maintenance of the site as a utility scale solar farm. The proposed access road has
been designed to utilize an existing stream crossing, thus resulting in no additional net loss of stream channel associated with
culvert fill. Additionally, the associated stream crossing buffer impact is greatly reduced by utilizing an existing impacted road
crossing. The proposed stream impact consists of the addition of rip -rap bank/bed stabilization and energy dissipater that will
be keyed into existing bed and banks thus resulting in no net loss of aquatic habitat. The rip -rap bed/bank stabilization and
energy dissipater will be beneficial compared to current existing conditions by reduction of flow velocities therefore reducing
potential down -gradient stream erosion and excess sedimentation.
The applicant evaluated several design options to avoid impact to wetlands. However, given site size, required developable
area for achievement of necessary power output and the locations of WoUS and associated surface water buffers, it was not
possible for the solar array to avoid impact to the wetland. Other evaluated options would have resulted in impact to higher
quality WoUS and associated surface water buffers located on the site. This wetland is located in an area of a former drained
pond basin and is not directly hydrologically connected to other large down -gradient WoUS. Therefore, the applicant
determined that impact to this feature would be more beneficial to the environmental than impacting other higher quality
WoUS located on the site. The remaining areas of solar array and necessary infrastructure (overhead/underground voltage
lines, inverters, etc.) have been designed to avoid impacts to jurisdictional streams, associated surface water buffers and
wetlands.
There is approximately 3 acres of wetlands and 3,000 feet of stream channel located on the site. The remaining approximate
2.99 acres of wetlands and 2,970 feet of stream channel have been avoided.
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. It water is not present in the stream during rip -rap installation,
then the work will be completed in the dry and the propose pump around will not be used. If water is present in the stream
during rip -rap installation then a pump around will be used as proposed within this application. A temporary coffer dam will be
installed up -gradient of the proposed area of rip -rap fill. During rip -rap installation, water will be pumped around the
construction footprint. Appropriate stream bank protection will be provided in the channel during construction. Upon
completion of the culvert installation, the temporary sand bag coffer dams will be removed and flow will be diverted through
the existing culvert. Following construction, disturbed banks will be restored to similar 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
ElPayment 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
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
1 a. 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.
❑ Yes ❑ No
Comments:
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project?
<10 %
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 anticipate to be 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?
Haw River
® 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
❑ HQW
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
letter.)
❑ Yes
® No
Comments: We are not aware of a NEPA or SEPA being 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?
Federally protected species are not identifed by USFWS occuring in Almanace County. List Dated 9.22.2010.
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 the proposed project as part of a state clearinghouse review of the project. SHPO Letter dated 1.29.16
(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 3710889400J
Digitally signed by Bradley S. Luckey
DN: cn=Bradley S. Luckey, o=Pilot
Bradley S. Luckey
Environmental, Inc, ou,
t % snail=[e-mail], r
i! rus
8.23.19
f; Date: 2017.08.231012:19-04'00'
Applicant/Agent's Printed Name
Date
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization letter from the applicant
isprovided.)
Page 12 of 12
PCN Form — Version 1.3 December 10, 2008 Version

DocuSign Envelope ID: 94E259FF-90AF-4661-B4BE-6CDE4B97405A
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: 150 Kronbergs Ct, Haw River, NC 27258
Applicant Information:
Name:
Address:
Bakatsias Solar Farm, LLC
3250 Ocean Park Blvd
Suite 355
Santa Monica, CA 90405
Telephone Number: (919)-368-8678
Fax Number:
E-mail Address: [e-mail]
E-"
cuSigned by:
Signature:4 4&VA*. Date: 8/18/2017

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AMOUNT
AMOUNT
AMOUNT
AMOUNT
ID
DURATION
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PROPOSED
PROPOSED
PROPOSED
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__ —` PIN #
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5500 0.126
1000 0.023
VICINITY MAP
SITE LOCATION A
SEAL GRAHAM T
i
SCALE 1"=
N
PERMIT DRAWING - NOT
RELEASED FOR CONSTRUCTION
SITE DATA
OWNER(S) OWNER(S) ADDRESS
MELVILLE PLASTICS INC 1400 N. JIM MINOR RD
BURNT SHOPS INC HAW RIVER, NC 27258
LAT/LONG JURISDICTION RIVER BASIN
36.072361-79.34747 CITY OF GRAHAM CAPE FEAR
1:145I_T. -1
Exhibit 2 of 5
Exhibit 3 of 5
Exhibit 3 of 5
Exhibit 3 of 5
Exhibit 3 of 5
Exhibit 3 of 5
Exhibit 3 of 5
SCALE
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SITE ADDRESS
150 KRONBERGS CT.
HAW RIVER, INC 27258
WATERSHED (NEAREST)
BACK CREEK
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NOTES
1. JURISDICTIONAL WETLAND DELINEATION PROVIDED BY HEADWATER ENVIRONMENTAL, INC.
2. DISTURBANCE ATTHE JURISDICTIONAL WETLAND IMPACTS SHALL BE MINIMIZED TO THE EXTENT PRACTICABLE
FOR THE PROPOSED IMPROVEMENTS.
3. THE CONSTRUCTION SHALL BE CONSTRUCTED IN ACCORDANCE WITH ALL USACE AND NCDEQ STANDARDS.
4. ALL TEMPORARY EROSION CONTROL MEASURES SHALL BE MAINTAINED IN PROPER WORKING CONDITION
THROUGHOUT CONSTRUCTION.
5. INSTALL TEMPORARY SILT FENCE STONE OUTLETS AT LOW POINTS IN SILT FENCE AS NECESSARY.
6. ADDITIONAL EROSION CONTROL MEASURES AND/OR NODIFICATIONS TO PROPOSED MEASURES MAY BE
NECESSARY BASED UPON ACTUAL FIELD CONDITIONS.
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1. JURISDICTIONAL WETLAND DELINEATION PROVIDED BY HEADWATER ENVIRONMENTAL, INC.
2. DISTURBANCE AT THE JURISDICTIONAL STREAM IMPACTS SHALL BE MINIMIZED TO THE EXTENT PRACTICABLE FOR
THE PROPOSED IMPROVEMENTS.
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4. ALL TEMPORARY EROSION CONTROL MEASURES SHALL BE MAINTAINED IN PROPER WORKING CONDITION
THROUGHOUT CONSTRUCTION.
5. INSTALL TEMPORARY SILT FENCE STONE OUTLETS AT LOW POINTS IN SILT FENCE AS NECESSARY.
6. ADDITIONAL EROSION CONTROL MEASURES AND/OR MODIFICATIONS TO PROPOSED MEASURES MAYBE
NECESSARY BASED UPON ACTUAL FIELD CONDITIONS.
LEGEND
PROPOSED ACCESS ROAD
EXISTING MAJOR CONTOURS
EXISTING MINOR CONTOURS
JURISDICTIONAL STREAM
JURISDICTIONAL BUFFER
TREELINE (PROPOSED)
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cn o 150 KRONBERGS CT. cy PRESSCREEK
p -i o HAW RIVER, ALAMANCE CO, NC 27258 RENEWABLES
�► D _0 z NO. DATE ISSUED NO. DATE I ISSUED CYPRESS CREEK EPC, LLC
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[phone] NC LICENSE: D-0383

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW -2016-02023 County: Alamance U.S.G.S. Quad: NC-MEBANE
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Owner: Mr. Henderson Scott
Address: 1400 North Jim Minor Road
Haw River, NC 27258
Size (acres) 35 Nearest Town Haw River
Nearest Waterway UT to Back Creek River Basin Caae#Fear
USGS RUC 03030002 Coordinates 36.073100 N. -79.348125 W
Location description: The oroiect area is located on the south side of Trollinewood Road and at the eastern terminus
of Raloh Scott Road. in Graham, Alamance County, North Carolina. The Proiect Area is shown as the "Site Boundary"
on the attached "Fieure 5. Wetland Delineation."
Indicate Which of the Following Apply:
A. Preliminary Determination
There are waters on the above described 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 have been
delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. 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 are wetlands on the above described 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 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 overall of the waters at the project area, which is not sufficiently accurate and
reliable to support an enforceable permit decision. We recommend that you have the waters of the U.S. on your 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 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.
X 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 recommend you have the waters of the U.S. on your 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.
X The waters of the U.S., including wetlands, on the above described project area have been delineated and the
delineation has been verified by the Corps. If you wish to have the delineation surveyed, the Corps can review and
verify the survey upon completion. Once verified, this survey will provide an accurate depiction of all areas subject
to CWA and/or RHA 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.
Page 1 of 2

_ 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 project area 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 th$ 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 David Bailey at
(919) 5544884 X 30 or David.E.8ailey2Qusace,armv.mil.
C. Basis For Determination
The prosect area exhibits water bodies with bed and banks and indicators of ordinary high water marks - including
clear, natural line impressed on the bank chances in soil character, vegetation matted down, bent, or absent, leaf litter
disturbed or washed away, sediment deposition, the presence of wrack line and sediment sorting - and wetland criteria
as defined in the "Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Eastern Mountains
and Piedmont Region (Version 2.0)." The water bodies on the site Include three unnamed tributaries (UT) to Back
Creek - all Relatively Permanent Waters (RPWs) that flow via Back Creek (RPW) to the Haw River, a Traditionally
Navigable Water— and abutting and adjacent wetlands This determination is based a site visit and verification by
David E Bailey (USACE) on 10/5/2016. The full Basis for Determination is described on the "Approved Jurisdictional
Determination Forms" in the Administrative Record.
D. Remarks
The waters of the US within the Project Area were flageed by Headwater Environmental, Inc. with changes made by
David E Bailey (USACE) and are approximated on the attached "Figure 5, Wetland Delineation."
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 del ineation/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 March 22, 2017.

**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.** Digitally
N:c=US,o=U.S. overnment,ouE ol%o =PK
736
DN:c=US,o=U ILEY. emment.ou=8373ou=PKI,
ou=USA,tn=6lULEY.DAVID.E.1379283736
Corps Regulatory Official: Date: 2017.01.2315:307 -05W
Date: January 23.2017 Expiration Date: January 23.2022
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 our Customer Satisfaction Survey, located online at
http://coMsmapu.usace.army.mil/cm apex/f?p=136:4:0.
Copy furnished:
Sue Homewood, NCDEQ-DWR, 450 W. Hanes Mill Rd, Suite 300, Winston-Salem, NC 27105
Paul Pascarosa, Headwater Environmental, Inc., 512 Sweetbay Court, Wilmington, NC 28405

This is not a survey. All locations depicted on this figure are approximate. This Wetland Delineation was conducted by Headwater
Environmental, Inc. (HEnv). The location of the streams and wetland were verified in the field by Mr. David Bailey of the U.S. Army
Corps of Engineers and Ms. Sue Homewood of the North Carolina Division of Water Resources (DWR) on October 5, 2016. USACE
The site drains to Back Creek. Back
Creek is located within the Jordan
Lake watershed. According to DWR,
a 50 -foot vegetated buffer is required
along Stream A and Stream C.
r�rtYR°-
Stream A
d "
W -E318
A
i
"'A
�JO 01-A
I LEGEND
W -P1 to W -P7"
Site Boundary Non -jurisdictional ephemeral feature Wetland
Perrenial Stream =____= Access Road 50 -foot buffer
Intermittent Stream - Culvert • DP - Data Point
Feet • WA - Weltland Flagging
0 285 570 1,140
HEADWATER ENVIRONMENTAL, INC. Source:
512 Sweetbay Court
Wilmington, North Carolina
ESRI
World Base Map Imagery
Date: 09/13/2016 Graham, NC
Rev: 10/6/2016
Prepared by: DF�p Scale 1"-300'
H
FIGURE 5
WETLAND DELINEATION
Melville -Burnt Site
Bakatsias Soalr Farm, LLC
831 Trollingwood Road
Graham, Alamance County, NC
HEnv Project #201605
Zga
A _'Gk
1.
j
y*"i
Stream B
W -D1 to
I
d
-C1 to W'Ccs
r�rtYR°-
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d "
W -E318
A
i
"'A
�JO 01-A
I LEGEND
W -P1 to W -P7"
Site Boundary Non -jurisdictional ephemeral feature Wetland
Perrenial Stream =____= Access Road 50 -foot buffer
Intermittent Stream - Culvert • DP - Data Point
Feet • WA - Weltland Flagging
0 285 570 1,140
HEADWATER ENVIRONMENTAL, INC. Source:
512 Sweetbay Court
Wilmington, North Carolina
ESRI
World Base Map Imagery
Date: 09/13/2016 Graham, NC
Rev: 10/6/2016
Prepared by: DF�p Scale 1"-300'
H
FIGURE 5
WETLAND DELINEATION
Melville -Burnt Site
Bakatsias Soalr Farm, LLC
831 Trollingwood Road
Graham, Alamance County, NC
HEnv Project #201605

October 18, 2016
Mr. C. Paul Pascarosa
Headwater Environmental Inc.
512 Sweetbay Court
Wilmington, NC 28405
PAT MCCRORY
. , Wll
DONALD R. VAN DER VAART
.L7Z1�wy
S. JAY ZIMMERMAN
Subject Property: Melville/Burnt - Bakatsias Solar Farm Site, Graham NC, Alamance County
On -Site Determination for Applicability to the Mitigation Rules (15A NCAC 2H .0500)
Dear Mr. Pascarosa:
On October 5, 2016, at your request and in your attendance, Sue Homewood conducted an on-
site determination to review features located on the subject project for stream determinations
with regards to the above noted state regulations. David Bailey with the US Army Corps of
Engineers was also present during the site visit.
The Division acknowledges the areas and boundaries identified as jurisdictional wetlands by the
USACE. The attached map accurately depicts all stream determinations conducted during the
site visit.
Please note that at the time of this letter, all perennial stream channels and jurisdictional
wetlands found on the property are subject to the mitigation rules cited above. These
regulations are subject to change in the future. In addition, the Jordan Lake Buffer Rules may
apply to some streams at this location, please be sure to contact the local government for
further information regarding the Jordan Lake Buffer Rules.
The owner (or future owners) should notify the Division (and other relevant agencies) of this
decision in any future correspondences concerning this property. This on-site determination
shall expire five (5) years from the date of this letter.
450 W. Hanes Mill Road, Suite 300, Winston-Salem, North Carolina 27105
Phone: [phone] \ FAX: [phone] \ Customer Service 1-877-623-6748
Internet: www.ncdenr.gov - www.ncwater.org

Landowners or affected parties that dispute a determination made by the Division or Delegated
Local Authority that a surface water exists and that it is subject to the buffer rule may request a
determination by the Director. A request for a determination by the Director shall be referred to
the Director in writing c/o 401 & Buffer Permitting Branch, 1650 Mail Service Center, Raleigh, NC
27699-1650. Individuals that dispute a determination by the Division or Delegated Local
Authority that "exempts" surface water from the buffer rule may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. Applicants are hereby
notified that the 60 -day statutory appeal time does not start until the affected party (including
downstream and adjacent landowners) is notified of this decision. The Division recommends
that the applicant conduct this notification in order to be certain that third party appeals are
made in a timely manner. To ask for a hearing, send a written petition, which conforms to
Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings,
6714 Mail Service Center, Raleigh, N.C. 27699-6714. This determination is final and binding
unless you ask for a hearing within 60 days.
This letter only addresses the applicability to the mitigation rules and the buffer rules and does
not approve any activity within Waters of the United States or Waters of the State or their
associated buffers. If you have any additional questions or require additional information please
contact me at 336-776-9693 or [e-mail].
Sincerely,
Sue Homewood
Winston-Salem Regional Office
Enclosures: USGS Topo Map
Headwater Environmental Maps
cc: Henderson Scott, Melville Plastics & Burnt Shops, [e-mail]
David Bailey, USACE Raleigh Regulatory Field Office (via email)
Town of Graham c/o Josh Johnson AWCD (via email)
DWR, Winston-Salem Regional Office

COUNTY: ALAMANCE
NORTH CAROLINA STATE CLEARINGHOUSE
DEPARTMENT OF ADMINISTRATION
INTERGOVERNMENTAL REVIEW d
STATE NUMBER: 16 -E -4600-019b
DATE RECEIVED: 01/11/2016 J
AGENCY RESPONSE: 02/05/2016 Q
REVIEW CLOSED: 02/10/2016 (�
LL
LL
0
H11:ENERGY RELATED
FACILITIES/ACTIVITIES
MS RENEE GLEDHILL-EARLEY
CLEARINGHOUSE COORDINATOR
DEPT OF CULTURAL RESOURCES
STATE HISTORIC PRESERVATION OFFICE
MSC 4617 - ARCHIVES BUILDING
RALEIGH NC
REVIEW DISTRIBUTION
DEPT OF AGRICULTURE
DEPT OF CULTURAL RESOURCES
DEPT OF ENVIRONMENTAL QUALITY
DEPT OF TRANSPORTATION
DPS - DIV OF EMERGENCY MANAGEMENT
PIEDMONT TRIAD REGIONAL COUNCIL
PROJECT INFORMATION
APPLICANT: N.C. Department of Commerce
r
TYPE: State Environmental Policy Act
Environmental Review
Vu_"
DESC: Application of Bakatsias Solar Farm, LLC for a Certificate to construct a
4.996 -MW Solar Facility in Alamance Co. Docket #SP -7457 Sub 0. - View document at
http://starwi.ncuc.net/NCUC/portal/ncuc/page/Dockets/portal.aspx, Type SP -7457
Sub 0 in the Docket Number search line.
Located at 150 Kronbergs Court, Haws River, 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: 9 NO COMMENT F-] COMMENTS ATTACHED
SIGNED BY: ��-�'c DATE: 1 ' ��•�(Q
i
FEB 2018
}
JAS 19 las

LEGEND
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INIINOATION BY TK 1% ANNUAL C1,ANCF HOMO
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memranm
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® COASTAL BARRJER RESOURCES SYSTEM (CBRS) AREAS
OTWRVWSE PR07KFFD AREAS (CPAs)
CORS a.ftF ald OPAd ae ("welt b Wd eprn at igdeaM f0 SPKW Flwd M Iwd NM.
i'1 [nmrl :M:e lbat•Mn lernfen
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• ArA.a,[Mmae anm Anus+ w.lra I.Ve.n tl IBB.
Vairt«saftlrvfm
City of Graham
370283
LEGEND
Centerlines
Site Boundary
RACP"y
ZONE X
EXIT 150 OFF
14u
140
ot, 9,� 285 __Z74—
HEADWATER
_ Z74
HEADWATER ENVIRONMENTAL, INC.
512 Sweetbay Court
Wilmington, North Carolina
Date
Prepared by:
Source:
FEMA
Online Flood Map Service Center
09/13/2016 Map # 3710889400J
/\ September 6, 2006
DFH " Scale 1 "-400'
F
ZONE AE
FIGURE 4
FEMA MAP
Melville -Burnt Site
Bakatsias Solar Farm, LLC
831 Trollingwood Road
Graham, Alamance County, NC
HEnv Project #201605

This is not a survey. All locations depicted on this figure are approximate. This Wetland Delineation was conducted by Headwater
Environmental, Inc. (HEnv). The location of the streams and wetland were verified in the field by Mr. David Bailey of the U.S. Army
Corps of Engineers (USACE) and Ms. Sue Homewood of the North Carolina Division of Water Resources (DWR) on October 5, 2016.
USACE Action Identification #2016-02023.
The site drains to Back Creek. Back
Creek is located within the Jordan /� ' �" � "` �•
At t ,X
Lake watershed. According to DWR,
a 50 -foot vegetated buffer is required
along Stream A and Stream C.
♦ r SCOrr
rra Ve� - Ver
M.
LEGEND
1,4
W -PI to W-P7_1�
I
eam C
l
T
006
Stream B
W-131 to W -D8 II ` �•DP-3= Ir'(""`- tom•""
W -C1 to W -C9 DP -2
\ 404 B5 0 0
W -A25
IQ
-1318
W
W-1318 -1310
i W-1315
Site Boundary Non -jurisdictional ephemeral feature Wetland
Perrenial Stream = _ Access Road ® 50 -foot buffer
— - - Intermittent Stream ® Culvert • DP - Data Point
Feet • WA - Weltland Fla In
0 285 570 1,140 gg g t
HEADWATER ENVIRONMENTAL, INC.
512 Sweetbay Court
Wilmington, North Carolina
Date: 09/13/2016
Revised: 10/6/2016
Prepared by: I DFH
Source:
ESRI
World Base Map Imagery
Graham, NC
�\ Scale 1 "-300'
FIGURE 5
WETLAND DELINEATION
Melville -Burnt Site
Bakatsias Soalr Farm, LLC
831 Trollingwood Road
Graham, Alamance County, NC
HEnv Project #201605
..._ t
Stream
7 _
NZ
150 oN
M.
LEGEND
1,4
W -PI to W-P7_1�
I
eam C
l
T
006
Stream B
W-131 to W -D8 II ` �•DP-3= Ir'(""`- tom•""
W -C1 to W -C9 DP -2
\ 404 B5 0 0
W -A25
IQ
-1318
W
W-1318 -1310
i W-1315
Site Boundary Non -jurisdictional ephemeral feature Wetland
Perrenial Stream = _ Access Road ® 50 -foot buffer
— - - Intermittent Stream ® Culvert • DP - Data Point
Feet • WA - Weltland Fla In
0 285 570 1,140 gg g t
HEADWATER ENVIRONMENTAL, INC.
512 Sweetbay Court
Wilmington, North Carolina
Date: 09/13/2016
Revised: 10/6/2016
Prepared by: I DFH
Source:
ESRI
World Base Map Imagery
Graham, NC
�\ Scale 1 "-300'
FIGURE 5
WETLAND DELINEATION
Melville -Burnt Site
Bakatsias Soalr Farm, LLC
831 Trollingwood Road
Graham, Alamance County, NC
HEnv Project #201605