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Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre -Construction Notification PCN Form
A. Applicant Information
1. Processing 2
1 a. Type(s) of approval sought from the
Corps:
®Section 404 Permit ❑Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: NWP 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
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
® No
2. Project Information
2a. Name of project:
Innovative Solar 55 (IS -55) Solar Farm
2b. County:
Robeson
2c. Nearest municipality / town:
Pembroke
2d. Subdivision name:
\
2e. NCDOT only, T.I.P. or state
project no:
3. Owner Information
3a. Name(s) on Recorded Deed:
Charles Andrews
3b. Deed Book and Page No.
01939/0456
3c. Responsible Party (for LLC if
applicable):
3d. Street address:
2700 NC Highway 72 W
3e. City, state, zip:
Lumberton, NC 28358
3f. Telephone no.:
910.618.8199
3g. Fax no.:
3h. Email address:
[e-mail]
Page 1 of 11
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. Ben Manuel
4c. Business name
(if applicable):
Innovative Solar 55, LLC
4d. Street address:
3250 Ocean Park Boulevard
4e. City, state, zip:
Santa Monica CA, 90405
4f. Telephone no.:
843.670.6013
4g. Fax no.:
828.350.3999
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 11
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):
9334446485
1 b. Site coordinates (in decimal degrees):
Latitude: 34.696072 Longitude: - 79.21673
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size:
54 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
Bear Creek (nearest). LINT to Lumber River on-site.
proposed project:
2b. Water Quality Classification of nearest receiving water:
Class B, Swamp waters (Sw)
2c. River basin:
Lumber
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 agricultural fields. Structures are not located on the site. The site is
located in a residential/rural area of Pembroke.
3b. List the total estimated acreage of all existing wetlands on the property:
—0.86 acres
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
streams=0', open waters (drainge ditches) = 3,36070.31 ac
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 provide safe access and
interconnection of the site, an access road and open water drainage ditch crossing is necessary. To facilitate
development of the site and construction of the proposed stream crossing, 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 ❑ No ❑ Unknown
project (including all prior phases) in the past?
Comments: SAW -2015-00039
4b. If the Corps made the jurisdictional determination, what type
❑ Preliminary ® Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas?
Agency/Consultant Company: Pilot Enviromental, Inc.
Name (if known): Michael Brame/David Brame
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
USACE JD=12.14.16
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 11
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 11
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
W1 ❑ P ❑ T
❑ Yes
❑ No
❑ Corps
❑ DWQ
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
2h. Comments: Wetland impacts are not proposed.
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
F1 PER
F-1Corps
❑ INT
❑ DWQ
S2 ❑ P ❑ T
❑ PER
❑ INT
❑ Corps
❑ DWQ
S3 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S4 ❑ P ❑ T
❑ PER
❑ INT
❑ Corps
❑ DWQ
S5 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S6 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
3h. Total stream and tributary impacts
3i. Comments: Stream impacts are not proposed.
Page 5 of 11
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.
4b.
4c.
4d.
4e.
Open water
Name of waterbody
impact number —
(if applicable)
Type of impact
Waterbody type
Area of impact (acres)
Permanent (P) or
Temporary T
01 ®P ®T
Unnamed
Fill/Pump Around
Ditch
0.01/0.01
02 ❑P❑T
03 ❑P❑T
04 ❑P❑T
4f. Total open water impacts
0.01/0.01
4g. Comments: The proposed access road crossing will have a cumulative permanent impact of 0.001 acres of an open water
drainage ditch associated with culvert/rip-rap fill. Additionally, 0.01 acres of temporary fill for an associated pump around is
proposed. Areas of temporary fill will be restored to similar pre -construction conditions.
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
5a.
5b.
5c.
5d.
5e.
Wetland Impacts (acres)
Stream Impacts (feet)
Upland
Pond ID
Proposed use or purpose
(acres)
number
of pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5f. Total
5g. Comments: Construction of ponds/lakes are not 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 11
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 ❑TarrPamlico ®Other: Lumber
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 ❑ PEI T
El Yes
❑ No
B2 ❑P❑T
❑Yes
❑ No
B3 ❑ P ❑ T
❑ Yes
❑ No
6h. Total buffer impacts
6i. Comments: Buffer impacts are not proposed.
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. 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, a road must be constructed to provide access to the site during
construction and long term maintenance of the site as a solar farm. The road width has been designed to the minimal width
necessary to safely accommodate heavy equipment and tractor trailers. The applicant has designed the open water crossing
to utilize approximate 4'2" head/end walls, thus, minimizing the area of impact associated with road side slope fill.
The solar array and necessary infrastructure (overhead/underground voltage lines, inverters, etc.) have been designed to
avoid impacts to jurisdictional streams, wetlands and ponds.
There are approximately 0.86 acres of wetlands and 0.31 acres of open water drainage ditches located on the site. The
wetlands and remaining 0.30 acres of open water drainage ditches are being avoided.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
The impact limits will be staked and silt fence will be used. A temporary coffer dam will be installed up -gradient of the
proposed culvert. During construction, water will be pumped around the construction footprint. Appropriate bank protection
will be provided in the channel during construction and all excess excavated material will be immediately removed from the
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 similar pre -construction conditions,
matted and seeded/live staked.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
❑ Yes ® No
impacts to Waters of the U.S. or Waters of the State?
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
❑ Mitigation bank
2c. If yes, which mitigation option will be used for this
ElPayment to in -lieu fee program
project?
❑ Permittee Responsible Mitigation
Page 7 of 11
PCN Form —Version 1.3 December 10, 2008 Version

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).
6h. Comments:
Page 8 of 11
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: There is no proposed discharge into a regulated buffer.
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 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
❑ NSW
3b. Which of the following locally -implemented stormwater management programs
❑ 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
❑ Yes ❑ No
attached?
S. 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 9 of 11
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: The applicant is applying for a USDA Rural Development funding and
has provided USDA RD a NEPA Enviromental Assessment. At this time, a FONSI
has not been issued.
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 10 of 11
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, 8.4.17 (attached)
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 6.24.14
(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 3710934400J
Digitally signed by Bradley S. Luckey
DN: cn=Bradley S. Luckey, o=Pilot
Bradley S. Luckey
Environmental, Inc., ou,
�t email=[e-mail],
- c=uS
9.12.17
Date: 2017.09.12 15:15:00 -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 11 of 11
PCN Form — Version 1.3 December 10, 2008 Version

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: 2 q 3 Sa; o f 4vtct Qoaa
peen(, -0 I /f/C 2g37Z.
Applicant Information:
Name:
Address:
Telephone Number:
Fax Number:
E-mail Address:
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<< 293 SAINT ANNA ROAD
CYPRESS C
p A PEMBROKE, ROBESON COUNTY, NC 28372 R EN E W A B LES
co0) NO. DATE ISSUED NO. DATE ISSUED CYPRESS CREEK EPC, LLC
i -i W 601-A WEST MAIN STREET CARRBORO, NORTII CAROLINA 27510
[phone] NC LICENSE: D-0383

United States Department of the Interior
Catherine Carston
Pilot Environmental Inc.
PO Box 128
Kernersville, NC 27258
FISH AND WILDLIFE SERVICE
Raleigh ES Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
August 4, 2017
Re: Innovative Solar 55 Farm — Robeson County, NC
Dear Mrs. Carston:
This letter is in response to your request for information on your proposed solar project, listed
above. Our comments are submitted pursuant to, and in accordance with, provisions of the
Endangered Species Act (the 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. We recommend maintaining natural,
vegetated buffers on all streams and creeks adjacent to the project site.
The Service recommends that solar facilities be sited in areas that are previously disturbed, or
sites that do not impact mature forest, wetlands, or streams. The North Carolina Wildlife
Resources Commission 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).
In addition, we encourage the use of natural vegetation management practices (such as sheep
grazing) and the planting or seeding of native pollinator plant species where possible on the site,
and other efforts to improve habitat for various species (such as bird houses and bat boxes).
Please note our specific recommendations, below.
Invasive Exotic Species — the Service is concerned with the introduction and spread of invasive
exotic species in association with the proposed project. Without active management, including
the revegetation of disturbed areas with native species, the project area will likely be a source for
the movement of invasive exotic plant species. Exotic species are a major contributor to species
depletion and extinction, second only to habitat loss. Exotics are a factor contributing to the
endangered or threatened status of more than 40 percent of the animals and plants on the Federal
List of Endangered and Threatened Wildlife and Plants.' It is estimated that at least 4,000 exotic
plant species and 2,300 exotic animal species are now established in the United States, costing
more than $130 billion a year to control2. Additionally, the U.S. Government has many
programs and laws in place to combat invasive species (see www.invasivespecies.gov) and thus
cannot spend money to counter these efforts. Specifically, Section 2(a)(3) of Executive Order
13112 Invasive Species (February 3, 1999) directs federal agencies to "not authorize, fund, or
carry out actions that it believes are likely to cause or promote the introduction or spread of
invasive species in the United States or elsewhere." Despite their short-term erosion control
benefits, many exotic species used in soil stabilization seed mixes are persistent once they are
established, thereby preventing the reestablishment of native vegetation. Many of these exotics
plants; are also aggressive invaders of nearby natural areas, where they are capable of displacing
already established native species. Therefore, we strongly recommend that only native plant
species be used in association with all aspects of this project.
Pollinator Recommendations — Although solar energy production is a fast-growing
Renewable energy source that can lessen overall impacts to natural resources when compared to
conventional energy sources (coal, oil, gas, etc.), we believe solar farms can adversely affect
valuable natural resources if they are not properly planned and constructed. Impacts to natural
resources from the construction, operation, and maintenance of solar farms include: the removal
of forests and riparian buffers; creation of monotypic habitat; introduction of invasive species;
use of herbicides; creation of large, clear open spaces; and barriers created from fencing.
Recent evidence indicates that pollinators, especially native bees and monarch butterflies, are in
serious decline. Habitat losses and diminished native food sources have decreased the
populations and diversity of pollinators throughout the country. For these reasons, we
recommend that solar facilities be sited in areas that are previously disturbed (fallow fields,
closed industrial sites, etc.) or sites that do not impact mature forests, streams, or wetlands. To
offset the overall impacts of solar facilities and/or to increase the habitat and species diversity
within the solar facility area, we further recommend the following measures be implemented into
project design:

Sow native seed mixes with plant species that are beneficial to pollinators throughout the
site. Taller growing pollinator plant species should be planted around the periphery of the
site and anywhere on the site where mowing can be restricted during the summer months.
Taller plants, left un -mowed during the summer, would provide benefits to pollinators,
habitat to ground nesting/feeding birds, and cover for small mammals. Low
growing/groundcover native species should be planted under the solar panels and
between the rows of solar panels. This would provide benefits to pollinators while also
minimizing the amount of maintenance such as mowing and herbicide treatment. Using a
seed mix that includes milk weed species (milk weed is an important host plant for
monarch butterflies) is especially beneficial. The following website provides a
comprehensive list of native plant species that benefit pollinators:
https://mail.google.com/mail/u/0/#advancedsearch/subj ect=pollinator&subset=all&has=a
nita&within=l d&sizeoperator=s_sl&sizeunit=s_smb/14f0366dba7d3bda?projector=l .
Additional information regarding plant species, seed mixes, and pollinator habitat
requirements can be provided upon request.
2. Create openings in fencing to allow passage for small mammals and turtles.
3. If possible, the solar field should be designed with open areas spread throughout the
project site and planted and maintained with taller/pollinator friendly plant species. This
practice would benefit pollinators, create diversity throughout the site, and provide much
needed shelter islands to aid in the movement of small mammals and birds.
4. Mitigate for the loss of forested habitat. Though the loss of forested habitat cannot be
fully mitigated when cleared for solar facilities, we believe measures should be
implemented into the design plans to offset the impacts of the project to the greatest
extent practicable. We recommend the construction and placement of bat and bird boxes
throughout the site along with perch poles that are large enough to be used by raptors.
5. Provide nesting sites for pollinator species. Different pollinators have different needs for
nesting sites. Therefore, we recommend designing the solar facility to maintain a diverse
array of habitats to accommodate varied pollinators from hummingbirds to butterflies to
bees. Hummingbirds typically nest in trees or shrubs while many butterflies lay eggs on
specific host plants. Most bees nest in the ground and in wood or dry plant stems. For
additional information and actions that can be taken to benefit pollinators please visit the
following website:
http://www.fws.gov/pollinators/pol l i natorpages/vourlielp.htmi
The Service has established an on-line project planning and consultation process which assists
developers and consultants in determining whether a federally -listed species or designated
critical habitat may be affected by a proposed project. For future projects, please visit the
Raleigh Field Office's project planning website at https://www.fws.gov/raleigh/pp.htmi. If you
are only searching for a list of species that may be present in the project's Action Area, then you
may use the Service's Information, Planning, and Consultation System (IPaQ website to
determine if any listed, proposed, or candidate species may be present in the Action Area and
generate a species list. The IPaC website may be viewed at https://ecos.fws.gov/ipac/. The

IPaC web site 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), a list of federal species of concern3 that are known to occur in each
county in North Carolina, and other resources.
If you have any questions or comments, please contact Kathy Matthews of this office at (919)
856-4520 ext. 27.
Sincerely.
�- OereBenjamin
Field Supervisor
1 Wilcove, D. S., D. Rothstein, J. Dubow, A. Phillips, and E. Losos. 1998. Quantifying threats to
imperiled species in the United States. BioScience 48:607615.
2 Pimentel, D., L. Lach, R. Zuniga, and D. Morrison. 2000. Environmental and economic costs of
nonindigenous species in the United States. BioScience 50:5365.
3 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.
4

United States Department of the Interior
Catherine Carston
Pilot Environmental Inc.
PO Box 128
Kemersville, NC 27258
FISH AND WILDLIFE SERVICE
Raleigh ES Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
August 4, 2017
Re: Innovative Solar 55 Farm — Robeson County, NC
Dear Mrs. Carston:
This letter is in response to your request for information on your proposed solar project, listed
above. Our comments are submitted pursuant to, and in accordance with, provisions of the
Endangered Species Act (the 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. We recommend maintaining natural,
vegetated buffers on all streams and creeks adjacent to the project site.
The Service recommends that solar facilities be sited in areas that are previously disturbed, or
sites that do not impact mature forest, wetlands, or streams. The North Carolina Wildlife
Resources Commission 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).
In addition, we encourage the use of natural vegetation management practices (such as sheep
grazing) and the planting or seeding of native pollinator plant species where possible on the site,
and other efforts to improve habitat for various species (such as bird houses and bat boxes).
Please note our specific recommendations, below.
Invasive Exotic Species — the Service is concerned with the introduction and spread of invasive
exotic species in association with the proposed project. Without active management, including
the revegetation of disturbed areas with native species, the project area will likely be a source for
the movement of invasive exotic plant species. Exotic species are a major contributor to species
depletion and extinction, second only to habitat loss. Exotics are a factor contributing to the
endangered or threatened status of more than 40 percent of the animals and plants on the Federal
List of Endangered and Threatened Wildlife and Plants.' It is estimated that at least 4,000 exotic
plant species and 2,300 exotic animal species are now established in the United States, costing
more than $130 billion a year to control2. Additionally, the U.S. Government has many
w
programs and laws in place to combat invasive species (see ww.invasivespecies.gov) and thus
cannot spend money to counter these efforts. Specifically, Section 2(a)(3) of Executive Order
13112 Invasive Species (February 3, 1999) directs federal agencies to "not authorize, fund, or
carry out actions that it believes are likely to cause or promote the introduction or spread of
invasive species in the United States or elsewhere." Despite their short-term erosion control
benefits, many exotic species used in soil stabilization seed mixes are persistent once they are
established, thereby preventing the reestablishment of native vegetation. Many of these exotics
plants; are also aggressive invaders of nearby natural areas, where they are capable of displacing
already established native species. Therefore, we strongly recommend that only native plant
species be used in association with all aspects of this project.
Pollinator Recommendations — Although solar energy production is a fast-growing
Renewable energy source that can lessen overall impacts to natural resources when compared to
conventional energy sources (coal, oil, gas, etc.), we believe solar farms can adversely affect
valuable natural resources if they are not properly planned and constructed. Impacts to natural
resources from the construction, operation, and maintenance of solar farms include: the removal
of forests and riparian buffers; creation of monotypic habitat; introduction of invasive species;
use of herbicides; creation of large, clear open spaces; and barriers created from fencing.
Recent evidence indicates that pollinators, especially native bees and monarch butterflies, are in
serious decline. Habitat losses and diminished native food sources have decreased the
populations and diversity of pollinators throughout the country. For these reasons, we
recommend that solar facilities be sited in areas that are previously disturbed (fallow fields,
closed industrial sites, etc.) or sites that do not impact mature forests, streams, or wetlands. To
offset the overall impacts of solar facilities and/or to increase the habitat and species diversity
within the solar facility area, we further recommend the following measures be implemented into
project design:
I

Sow native seed mixes with plant species that are beneficial to pollinators throughout the
site. Taller growing pollinator plant species should be planted around the periphery of the
site and anywhere on the site where mowing can be restricted during the summer months.
Taller plants, left un -mowed during the summer, would provide benefits to pollinators,
habitat to ground nesting/feeding birds, and cover for small mammals. Low
growing/groundcover native species should be planted under the solar panels and
between the rows of solar panels. This would provide benefits to pollinators while also
minimizing the amount of maintenance such as mowing and herbicide treatment. Using a
seed mix that includes milk weed species (milk weed is an important host plant for
monarch butterflies) is especially beneficial. The following website provides a
comprehensive list of native plant species that benefit pollinators:
https://mail.google.com/mail/u/0/#advancedsearch/subj ect=pollinator&subset=all&has=a
nita&within=l d&sizeoperator=s_sl&sizeunit=s_smb/14f0366dba7d3bda?projector=l .
Additional information regarding plant species, seed mixes, and pollinator habitat
requirements can be provided upon request.
2. Create openings in fencing to allow passage for small mammals and turtles.
3. If possible, the solar field should be designed with open areas spread throughout the
project site and planted and maintained with taller/pollinator friendly plant species. This
practice would benefit pollinators, create diversity throughout the site, and provide much
needed shelter islands to aid in the movement of small mammals and birds.
4. Mitigate for the loss of forested habitat. Though the loss of forested habitat cannot be
fully mitigated when cleared for solar facilities, we believe measures should be
implemented into the design plans to offset the impacts of the project to the greatest
extent practicable. We recommend the construction and placement of bat and bird boxes
throughout the site along with perch poles that are large enough to be used by raptors.
5. Provide nesting sites for pollinator species. Different pollinators have different needs for
nesting sites. Therefore, we recommend designing the solar facility to maintain a diverse
array of habitats to accommodate varied pollinators from hummingbirds to butterflies to
bees. Hummingbirds typically nest in trees or shrubs while many butterflies lay eggs on
specific host plants. Most bees nest in the ground and in wood or dry plant stems. For
additional information and actions that can be taken to benefit pollinators please visit the
following website:
http://www.fws. gov/pollinators/pol l inatorpages/yourlielp.htmi
The Service has established an on-line project planning and consultation process which assists
developers and consultants in determining whether a federally -listed species or designated
critical habitat may be affected by a proposed project. For future projects, please visit the
Raleigh Field Office's project planning website at https://www.fws.gov/raleigh/pp.htmi. If you
are only searching for a list of species that may be present in the project's Action Area, then you
may use the Service's Information, Planning, and Consultation System (IPaQ website to
determine if any listed, proposed, or candidate species may be present in the Action Area and
generate a species list. The IPaC website may be viewed at htti)s://ecos.fws.gov/ipac/. The

IPaC web site 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), a list of federal species of concern3 that are known to occur in each
county in North Carolina, and other resources.
If you have any questions or comments, please contact Kathy Matthews of this office at (919)
856-4520 ext. 27.
Sincerely.
r}i �, -) j
Pere Benjamin
Field Supervisor
1 Wilcove, D. S., D. Rothstein, J. Dubow, A. Phillips, and E. Losos. 1998. Quantifying threats to
imperiled species in the United States. BioScience 48:607615.
2 Pimentel, D., L. Lach, R. Zuniga, and D. Morrison. 2000. Environmental and economic costs of
nonindigenous species in the United States. BioScience 50:5365.
3 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.
91

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW -2015-00039 County: Robeson U.S.G.S. Quad:
NOTIFICATION OF JURISDICTIONAL DETERNIINATION
Property Owner/Applicant:
Address:
Agent:
Size (acres)
Nearest Waterway
USGS HUC
Location description
Charles Andrews
520 20th Avenue North
North Myrtle Beach, SC, 29582
Jason Bowman
24 Chadwick Wade Drive
Asheville, NC 28804
27.26
Bear Swamp
03040203
Nearest Town Pembroke
River Basin Lower Pee Dee
Coordinates Latitude: 34.6960718744766
Longitude: -79.2167382270935
Site is located at 401 Saint Anna Road in Pembroke, Robeson County, NC.
Indicate Which of the Following Apply:
A. Preliminary Determination
_ There are waters, including wetlands, on the above described project area, that may be subject to Section 404 of the
Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The
waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently
accurate and reliable. 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, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be
used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an
effective presumption of CWA/RHA jurisdiction overall of the waters, including wetlands, at the project area, which is
not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the
waters 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. 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.
Page 1 of 2

SAW -2015-00039
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.
_ The waters of the U.S., including wetlands, on your 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.
X 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 12/14/16. 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 the Division of Coastal Management in Morehead City, NC, at [phone] to
determine their requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit
may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material,
construction or placement of structures, or work within navigable waters of the United States without a Department of the
Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If
you have any questions regarding this determination and/or the Corps regulatory program, please contact Brennan Dooley at
910-2514694 or brennan.i.doolev(a,usace.armv.mil.
C. Basis For Determination: The subiect waterbody exhibits ordinary high water mark as
indicated by the absence of vegetation in the channel and presence of bed and bank, and is
hvdrolotrically connected to the Lumber River, which is a TNW.
D. Remarks:
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the
particular site identified in this request. The delineation/determination may not be valid for the wetland conservation
provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation
in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources
Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in
B. above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 1OM15
Atlanta, Georgia 30303-8801

SAW -2015-00039
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 2/13/17.
**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: December 14.2016 Expiration Date: December 14, 2021
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://colpsmapu.usace.army.mil/cm apex/f?p=136A0.

SAW -2015-00039
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.army.mil/Missions/CivilWorks/ReizulatoryProgramandPermits.aspxx or
Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may acceptor object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Charles Andrews
File Number: SAW -2015-00039
Date: December 14, 2016
Attached is:
See Section below
❑
INITIAL PROFFERED PERMIT (Standard Permit or Letter ofpermission)
A
❑
PROFFERED PERMIT Standard Permit or Letter ofpermission)
B
❑
PERMIT DENIAL
C
®
APPROVED JURISDICTIONAL DETERMINATION
D
❑
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at http://www.usace.army.mil/Missions/CivilWorks/ReizulatoryProgramandPermits.aspxx or
Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may acceptor object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.

SAW -2015-00039
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division,
Mr. Jason Steele, Administrative Appeal Review Officer
Attn: Brennan Dooley
CESAD-PDO
69 Darlington Avenue
U.S. Army Corps of Engineers, South Atlantic Division
Wilmington, NC 28403
60 Forsyth Street, Room 10M15
Atlanta, Georgia 30303-8801
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportuni to participate in all site investiations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Kyle Dahl,
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]

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DP -1 a Data Point
Culvert
A PORTION OF THE SITE HAS BEEN VERIFIED BY USACE JD SAW -2015-00039. THE REMAINDER OF THIS SITE HAS NOT BEEN VERIFIED BY THE
USACE AND/OR THE NCDEQ-DWR. THIS EXHIBIT INCLUDES GPS LOCATIONS OF DELINEATED FEATURES.
Drawing 5 Wetland Map
Aerial Imagery from ESRI Innovative Solar 55
and Pilot GPS Data Approximate 54 Acre Tract
Scale: 1" = 400' �7���®'�" Pembroke, Robeson County, NC
Date: 7.7.17 PILOT ENVIRONMENTAL,INC Pilot Project 2887
NWeJDA
w a
tr■■■■'gyp
O DP -1 vim' m
O DP -2
i
WA
LEGEND
Site Boundary
■ ■ ■ ■ ■ ■ Jurisdictional Ditch
— — — - Non -Jurisdictional Ditch
Wetland
DP -1 a Data Point
Culvert
A PORTION OF THE SITE HAS BEEN VERIFIED BY USACE JD SAW -2015-00039. THE REMAINDER OF THIS SITE HAS NOT BEEN VERIFIED BY THE
USACE AND/OR THE NCDEQ-DWR. THIS EXHIBIT INCLUDES GPS LOCATIONS OF DELINEATED FEATURES.
Drawing 5 Wetland Map
Aerial Imagery from ESRI Innovative Solar 55
and Pilot GPS Data Approximate 54 Acre Tract
Scale: 1" = 400' �7���®'�" Pembroke, Robeson County, NC
Date: 7.7.17 PILOT ENVIRONMENTAL,INC Pilot Project 2887