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HomeMy WebLinkAbout20171197 Ver 1_401 Application_20170920Office 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 2 0 1 7 1 1 8 1 a. Type(s) of approval sought from the Corps: ®Section 404 Permit El Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: NWP 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 ❑ Yes only for Corps Permit: ® 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 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h 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: County Home Solar 2b. County: Rockingham 2c. Nearest municipality / town: Richmond 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: See Attached Owner Information aF91 fn) 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if applicable): sF P Z 2017 3d. Street address: 3e. City, state, zip: 401& B FF RP RMI ING 3f. Telephone no.: 3g. Fax no.: 3h. Email address: Page 1 of 12 PCN Form — Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ® Other, specify: Partial Owner/Developer 4b. Name: Mr. Evan Riley 4c. Business name (if applicable): County Home Solar, 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: ben.manuel@ccrenew.com 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: bluckey@pilotenviro.com 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): 748201276633, 748201379614 & 74820256671 1 b. Site coordinates (in decimal degrees): Latitude: 34.92222 Longitude: - 79.72133 (DD.DDDDDD) (-DD.DDDDDD) 1c. Property size: 97 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to South Prong Falling Creek proposed project: 2b. Water Quality Classification of nearest receiving water: Class C 2c. River basin: Yadkin 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The site contains undeveloped wooded land. Structures are not located on the site. The site is located in a residential/commerical area of Rockingham, Richmond County, North Carolina. 3b. List the total estimated acreage of all existing wetlands on the property: 11.08 acres 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 3,600 linear feet 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 to the site, an access road and two crossings are 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 -2015-01260 (portion of site) 4b. If the Corps made the jurisdictional determination, what type El 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/Brad Luckey/Jan Gay Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. USACE JD for 45 acres (SAW -2015-01260) dated 8.17.15. USACE JD requested on remainder of site. Field visit by David Bailey on remainder of site on 8.8.17. 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 SPOT Fill/Pump Around PFO ® Yes ❑ No ® Corps ❑ DWQ 0.04/0.013 W2 SPOT Fill/Pump Around PFO ® Yes ❑ No ❑ Corps ❑ DWQ 0.04/0.010 W3 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W4 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W5 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W6 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g. Total wetland impacts 0.08/0.023 2h. Comments: Crossing 1 will permanently impact 0.04 acres of wetlands and temporarily impact 0.013 acres of wetlands. Crossing 2 will permanently impact 0.04 acres of wetlands and temporarily impact 0.010 acres of wetlands. Areas of temporary impact will be restored to similar pre -construction conditions and re -planted with native herbaceous/woody vegetation. 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 SPOT Fill/Pump Around Unnamed ® PER ❑ INT ® Corps ❑ DWQ 4 55/10 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 55/10 3i. Comments: Crossing 1 will permanently impact 55 linear feet of perennial stream channel for culvert and rip -rap fill and temporarily impact 10 linear feet of perennial stream channel for culvert pump -around. Areas of temporary impact will be Page 5 of 12 PCN Form — Version 1.3 December 10, 2008 Version restored to similair pre -construction conditions and re -planted. 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 03 ❑P 04 ❑P❑T 4f. Total open water impacts 4g. Comments: Open water impacts are not proposed. 5. Pond or Lake Construction If pond or lake construction proposed, then 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 K 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 12 PCN Form — Version 1.3 December 10, 2008 Version 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. ❑ Neuse El Tar -Pamlico ®Other: Yadkin 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 El Yes ❑ No B2 ❑P❑T El Yes ❑ No B3 ❑P❑T El Yes ❑ No 6h. Total buffer impacts 6i. Comments: Buffer impacts are not proposed. D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. 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, access roads and two WoUS crossing are necessary. The road widths have been designed to the minimal width necessary to safely accommodate heavy equipment and tractor trailers. The second crossing has been designed to cross as far up -gradient of the stream/wetland system, in an area that is just wetlands, thus, minimizing impacts to streams on the site. The solar array and necessary infrastructure (overhead/underground voltage lines, inverters, etc.) have been designed to avoid impacts to jurisdictional streams, wetlands and ponds. A proposed underground electric line which will connect the segmented solar array development areas will be installed via bore and jack methods instead of open cut excavation/back-fill. Additionally, there will not be an aboveground maintained easement for this below ground crossing. Therefore, via proposed installation and maintenance of this proposed underground electric line, the applicant has avoided temporary impacts from open cut excavation/back-fill and eliminated conversion of a forested wetland to an emergent wetland based on lack of maintained vegetative easement. There are approximately 11.08 acres of wetlands and 3,600 linear feet of perennial stream channel located on the site. The remaining approximate 11 acres of wetlands and 3,545 linear feet of perennial stream channel 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. Temporary coffer dams will be installed up -gradient of the proposed culverts. During construction, water will be pumped around the construction footprints. Appropriate bank protection will be provided in the channel during construction and all excess excavated material will be immediately removed from the crossing areas. Upon completion of the culvert installations, the temporary sand bag coffer dams will be removed and flow will be diverted through the culverts. Following construction, disturbed banks will be restored to similar pre -construction conditions, matted and seeded/live staked. Page 7of12 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 F-1Paymentto 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: State regulated buffers are not located on the site. 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 El Yes [_1 No attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 10 of 12 PCN Form — Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes ® No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ® No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ❑ Yes ® No letter.) Comments: We are not aware of a NEPA/SEPA being requried. 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 S. 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, 6.9.17 (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 12.22.14 (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 3710748200J X Digitally signed by Bradley S. Luckey DN: cn=Bradley S. Luckey, o=Pilot Environmental, Inc., ou, f emall=bluckey@pilotenviro.com, Bradley S. Luckey c --US 9.19.17 Date: 2017.09.19 09:03:34 -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: BB5DB4DB-D25B-455C-9B6C-354410822520 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: 458 County Home Road Rockingham, NC 28379 Applicant Information: Name: County Home Solar, LLC Address: 3250 Ocean Park Blvd Suite 355 Santa Monica. CA 90405 Telephone Number: 843-670-6013 Fax Number: 828-350-3997 E-mail Address: Ben.Manuel@ccrenew.com DocuSigned by: Signature: Date: 9/18/2017 Land Owner Information Responsible Name on Recorded Deed Book/Page # Party Street Address City, State, Zip Telephone Email County Home Solar, LLC 130 Roberts Asheville, NC (Owner/Applicant) 1727/162 Mr. Geoff Fallon Avenue 28801 843.670.6013 ben.manuel@ccrenew.com Bland Inc. & Mirage Enterprises Mr. Norman 151 Sneads Mill Rockingham, NC (Owner) 1667/256 Bland Road 28379 910.895.5611 nbland@carolina.rr.com Mr. Jerry 361 Ledbetter Rockingham, NC Goodman Road 28379 910.895.0850 mirageenterprise@bellsouth.net Mr. Jerry 361 Ledbetter Rockingham, NC Rustic Properties, LLC (Owner) 1744/1779 Goodman Road 28379 910.895.0850 mirageenterprise@bellsouth.net WETLAND — K IMPACT #2 \\\\���_�/ COUNTY TM NCOUNTY �� _ moi,/� NOME Rp i/TO ROCK�NGNAM HOME RD ol JURISDICTIONAL WETLAND IMPACT#2 �\� \ /^ SITE //7; ^ PROPOSED CULVERT— SEE EXHIBIT #3\\ STREAM/WETLAND #3X N, ��\ IMPACT 1 " JURISDICTIONAL STREAMIL WETLAND IMPACT #1 VICINITY MAP PROPOSED CULVERT— SEE EXHIBIT #2::f SCALE: N.T.S. 0 R IC 0 STREAM , (TYP \\\ \\\ \ / �! '�: :::�•::�� i JURISDI STREAM (TYP /l�J JURISDICITONAL WETLANDS (TYP.) �� •�. j �� // / / \ // �1 cce CYPRESSCREEK RENEWABLES LEGEND: COUNTY HOME SOLAR FARM PROJECT TOTAL WATERS OF THE US IMPACT SUMMARY: JURISDICTIONAL DITCH IMPACT: NON—JURISDICTIONAL STREAM CAyo� 1D DISTURBANCE DURATION AMOUNT PROPOSED AMOUNT AMOUNT PROPOSED S PROPOSED AC REMARKS Stream Im ct # 1 Permanent 55 313 0.007 Exhibit #2 Stream Impact # 1 Te 10 53 0.001 Wetland Impact # 1 Permanent 0 1756 0.040 Exhibit #2 WetbndImpact #I Temporary 0 578 0.013 Wetland Impact #2 Permanent 0 1758 0.040 Exhibit #3 Wetland Impact #2 Temporary 0 426 0.010 TOTAL WETLAND IMPACT: Permanent 0 3,514 0.080 Temporary 0 1004 0.023 TOTAL STREAM Permanent 55 313 0.007 IMPACT:j Temporary 10 53 0.001 cce CYPRESSCREEK RENEWABLES LEGEND: z z NON—JURISDICTIONAL STREAM CAyo� o� oD X JURISDICTIONAL STREAM L4 o ���o`�oFEssio•'2'%, 2 •,� PROJECT LIMITS (APROX.) 0 200 4W JURISDICTIONAL WETLANDS _ _ _ _ _:I OVERALL SITE PLAN GRAPHIC ScmZ ( IN FEET ) SCALE: 1" = 400' CAyo� ���o`�oFEssio•'2'%, 2 •,� '�i'9 ••, GIN7•�`Z'�� ;,,ON R. Q 0 Z Q a Z N aWxo LL W � uia3Z 0(.) W K v Q W W c O >_ I— LV N N W 0 Z oc O W W z U Jcc N Loo U O 3 N z o"tM`'Ji�wJ 13ALLENTINE ASSOCIATES, PA 221 MMOEMCE ROAD, CHAPEL HLL. N.C. 27514 (919) 929 - 0481 (919) 489 - 4789 SCALE: AS NOTED DATE: 12 SEP 17 JOB NUMBER: 114064.08 DRAWN BY: Z.H.G. REVIEWED BY: A.R.S. EXHIBIT 1 0) zI TO ROCKING SITE COUNTY HOME RD STREAM/WETLAND IMPACT #1 VICINITY MAP SCALE: N.T.S. FINISHED GRADE FILL-� EXISTING GRADE TOE OF BANK MIN 12" COVER 24" CULVERT TO BE PLACED--/ 6" BELOW THE EXISTING DITCH ELEVATION. CROSSING SECTION A -A SCALE: N.T.S. NOTES: JURISDIC ONAL �N ` JURISDICTIONAL\ WETLANDS �� STREAM (TYP.) (TYP.) Io " � \ \ 5.5' 8' SILT FENCE I I 29 9 29 � \ TEMPO ARY COFFER DAM WITH PUMP AROUND FG=?96.9"- PROPOSED 24" RCP (SEE EXHIBIT #4) ` ' 38' CULVERT 44 LF PROPbSED II20� ±4.54% WITH INVERTS ISOIL DRIVE ' I ' I PLACED 6" BELOW ' EXISTING GRADE. FG=296.1NV. IN = 293.9' INV. OUT = 291.9' KEYED IN CLASS A / RIP RAP APRON ' 8'X6'X12" THICK 17 I -,� 0) o C-) Ju> m 00 m o 2 N IM JURISDICTIONAL STREAM/WETLAND IMPACT DISTURBANCE *1 SCALE: 1" = 20' DRAWING LEGEND 77 PERMANENT JURISDICTIONAL STREAM IMPACT TEMPORARY JURISDICTIONAL STREAM IMPACT PERMANENT JURISDICTIONAL WETLAND IMPACT TEMPORARY JURISDICTIONAL WETLAND IMPACT SILT FENCE STONE OUTLET 1. JURISDICTIONAL STREAM/WETLAND DELINEATION PROVIDED BY PILOT ENVIRONMENTAL, INC. JURISDICTIONAL STREAMAETi AND IMPACT #1 SUMMARY: 2. DISTURBANCE AT THE JURISDICTIONAL STREAM CROSSING SHALL BE MINIMIZED AREA OF JURISDICTIONAL WETLAND DISTURBED: TO THE EXTENT PRACTICABLE FOR INSTALLATION OF THE CULVERT. PERMANENT = 1,756 S F (0,040 AC.) 3. ALL CONSTRUCTION SHALL BE CONDUCTED IN ACCORDANCE WITH NCDEQ TEMPORARY = 578 S F (0,013 AC) STANDARDS. AREA OF JURISDICTIONAL STREAM DISTURBED: 4. ALL TEMPORARY EROSION CONTROL MEASURES SHALL BE MAINTAINED IN PERMANENT = 313 S, F. (0.007 A PROPER WORKING CONDITION THROUGHOUT CONSTRUCTION. TEMPORARY = 53 S F (0,001 AC) 5. INSTALL TEMPORARY SILT FENCE STONE OUTLETS AT LOW POINTS IN SILT FENCE LENGTH OF JURISDICTIONAL STREAM DISTURBED: AS NECESSARY. PERMANENT = 55' TEMPORARY = 10' 6. ADDITIONAL EROSION CONTROL MEASURES AND/OR MODIFICATIONS TO PROPOSED MEASURES MAY BE NECESSARY BASED UPON ACTUAL SITE CONDITIONS. Aco �co �q 0 10 20 GRAPHIC SCALE ( IN FEET ) co CYPRESS CREEK RENEWABLES �����N. CARO����i • �2ppF Ess �o•`/�y 4 R • S�\\��� iON Q 0 m Z X Q W v a W o Z z Q W a 5 U. 3 0 Lu a z V z p oW J :)J Z = OW Oz a V Cw � L) p J o 000 U Oco) 7 z N j BALLENTINE ASSOCIATES, PA 221 PROVIDENCE ROAD, (919) 929 - 61 04 CHAPEL NIU, M.C. 27514 (919) 469 - 4789 SCALE: AS NOTED DATE: 12 SEP 17 JOB NUMBER: 114064.08 DRAWN BY: Z.H.G. REVIEWED BY: A.R.S. EXHIBIT 2 01 v N D 70 T WETLAND.._.�- IMPACT #2— " JURISDICTIONAL COUNTY HOME RD WETLANDS (TYP.) 'OCK�NGHAM \ \ TEMPORARY COFFER DAM Q- ` �/ WITH PUMP AROUND (SEE EXHIBIT #4) FINISHED GRADE SITE VICINITY MAP SCALE: N.T.S. MIN 12" COVER *"–FILL EXISTING GRADE / TOE OF BANK–/ CULVERT TO BE PLACED--/ 6" BELOW THE EXISTING DITCH ELEVATION. CROSSING SECTION A -A SCALE: N.T.S. NOTES: FG=305.0' ---30 SILT FENCE (TYP.) l\ I \ PROPOSED 24" RCP PROPOSED 20' CULVERT 88 LF ® SOIL DRIVE ±2.16% WITH INVERTS PLACED 6" BELOW ------ ---- \ EXISTING GRADE. INV. IN = 301.9' �"'— UE 30" INV. OUT = 300.0' �_6E E \� FG=304.0' 305, 306\ FG=303.8 SFS SF KEYED IN CLASS—A RIP RAP APRON 6'X8'X12" THICK "5F SF� \ 24" RCP PIPE \ \ \ 1. JURISDICTIONAL STREAM/WETLAND DELINEATION PROVIDED BY PILOT ENVIRONMENTAL, INC. 2. DISTURBANCE TO JURISDICTIONAL WETLANDS SHALL BE MINIMIZED TO THE EXTENT PRACTICABLE FOR INSTALLATION OF THE CULVERT. 3. ALL CONSTRUCTION SHALL BE CONDUCTED IN ACCORDANCE WITH 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 MODIFICATIONS TO PROPOSED MEASURES MAY BE NECESSARY BASED UPON ACTUAL SITE CONDITIONS. NON—JURISDICTIONAL \ ` ' STREAM (TYP.) 300- \ JURISDICTIONAL WETLAND IMPACT DISTURBANCE N2 SCALE: 1" = 20' DRAWING LEGEND PERMANENT JURISDICTIONAL WETLAND IMPACT TEMPORARY JURISDICTIONAL WETLAND IMPACT SILT FENCE STONE OUTLET AM �q 0 10 20 GRAPHIC SCALE ( IN FEET ) CYPR ESS CR EEccm K RENEWABLES AREA OF JURISDICTION81- WETLAND DISTUR13ED: ,101:1A--�tliteitairiwilm z°�oF�'ss�o•��?� 2 AM �q 0 10 20 GRAPHIC SCALE ( IN FEET ) CYPR ESS CR EEccm K RENEWABLES CIA,%�//// z°�oF�'ss�o•��?� 2 ; 'A 4�� .: = %ONR • S�\\��� a 0 m Z a� W —� W� z o V) �a w U) cc Z z U.3m° a Z z O H M Z Q a W W V -j t �oc J Z = OWOz V w U U J Q z V) cn00 O y co oc z Z N s.` BALLENTINE ASSOCIATES, PA 221 PROVIDENCE ROAD, (919) 929 - 0481 CHAPEL HILL. N.C. 27514 (919) 489 - 4789 SCALE: AS NOTED DATE: 12 SEP 17 JOB NUMBER: 114064.08 DRAWN BY: Z.H.G. REVIEWED BY: A.R.S. EXHIBIT 3 U ro n PLAIN VIEW approved �— dewatering device �- discharge hoses dewatering pump flow i sediment dike / -- pumps should discharge onto a stable velocity dissipator made of rip rap orsandbags intake hose clean water dike --, work area — length notio exceed that which can be completed in one day SECTION A -A stream diversion pumps P intake hose �A- Flow sump -hole —,__-_ter pool (12' to 18" deep 2' dia.) Impervious sheeting --_-- base flow + 1 foot work area p - (2 foot minimum) oross section of sandbag dke PUMP AROUND DETAIL NOTES: I . PUMP AROUND DIKES SHALL NOT BE SET OUTSIDE OF THE DISTUREBED/IMPACT LIMITS SHOWN ON THE PLANS. 2 INSTALL PUMP -AROUND DIVERISON AND DEWATER THE CONSTRUCTION ZONE THROUGH THE DEWATERING DEVICE. THE CONTRACTOR SHALL STAGE THE LIMITS OF THE PUMP-AROJND FLOW DIVERSION TO DEWATER ONLY THAT SECTION SCHEDULED FOR THAT DAY'S WORK. AT THE END OF EACH WORK DAY, THE WORK AREA SHALL BE STABILIZED, THE PUMP AROUND PRACTICE REMOVED, AND THE FLOW RESTORED TO THE CHANNEL. WORK SHALL BE COMPLETED ONLY DURING FORECAST PERIODS OF DRY WEATHER, PLAN VIEW straw bale dike or berm __ C_ 1.5 ft 6 -ft (1.8-m) (0.45 m) minimum I 6 -ft (2.8-m) 1 minimum B A ---------- 3- ft .. 0.9 mr i3 A stone outlet structure SECTION A -A 1.5 ft (0.45 m) Y. __ 2:1 (H:V) V flow +ryPm +-- filter fabric ------------- 4 __ 4 to 6 -in (10 to 15 cm) riprap SECTION B -B 2 to 3 -ft (0.6 to 0.9-m) rebar or stakes for straw bales 6 inches (15 cm) minimum minimum depth DEWATERING BASIN DETAIL DITCH RESTORATION NOTES: 1. RESTORE ANY TEMPORARY DISTURBANCE TO THE DITCH TO ITS PRE -CONSTRUCTION STATE. 2. PLANTS USED IN THE RESTORATION SHALL BE OF A NATIVE SPECIES SIMILAR TO THE PLANTS SURROUNDING THE DISTURBED AREA. CCN CYPRESSCREEK RENEWABLES N\���N CAR ��ii ESS ��ti /yam• ;�\`�O�:oF NES, %� ,y •���c •,�.2�\. sy O N R Q 0 m Z X aW v o : IL LLI IM Z z aWQM U -3m( LU a z O~�Z Z a w w RE o cn (/) �-� J: ^� z LU 4C Olt MJ Z= OW Oz C U U JO D Ln U 00 U O y Z BALLENTINE ASSOCIATES, PA 221 PROVIDENCE ROAD, (919) 929 - 0481 CHAPEL HILL, N.C. 27514 (919) 489 - 4789 SCALE: AS NOTED DATE: 12 SEP 17 JOB NUMBER: 114064.08 DRAWN BY: Z.H.G. REVIEWED BY: A.R.S EXHIBIT 4 United States Department of the Interior Michael Brame Pilot Environmental Inc. PO Box 128 Kernersville, NC 27285 FISH AND WILDLIFE SERVICE Raleigh ES Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 June 9, 2017 Re: County Home Solar Farm (Additional Area) — Richmond County, NC Dear Mr. Brame: 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. 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. If you are interested in pursuing these and other efforts to improve habitat for various species (such as bird houses and bat boxes), please feel free to contact us. In general, 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://w°wr%.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). 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 haps•//vmw.fws.g_ov/raleigh/pp.html. 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 (IPaC) 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-2ov/ipaci. 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 concern' 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, Pete Benjamin Field Supervisor ' 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. 2 COUNTY: RICHMOND NORTH CAROLINA STATE CLEARINGHOUSE DEPARTMENT OF ADMINISTRATION INTERGOVERNMENTAL REVIEW n STATE NUMBER: 15-E-4600-0329 DATE RECEIVED: 12/10/2014 J AGENCY RESPONSE: 01/05/2015 Q REVIEW CLOSED: 01/09/2015 (� LL LL a All: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 CC&PS - DIV OF EMERGENCY MANAGEMENT DENR LEGISLATIVE AFFAIRS DEPT OF AGRICULTURE DEPT OF CULTURAL RESOURCES DEPT OF TRANSPORTATION LUMBER RIVER COG PROJECT INFORMATION APPLICANT: N.C. Department of Commerce TYPE: State Environmental Policy Act Environmental Review Hui 3, rZ 014 C,kk DESC: Application of County Home Solar, LLC for Certificate to construct a 4.99 MW Solar Photovoltaic Electric Generating Facility in Richmond Co. Docket ##SP -4666, Sub 0. - View document at http://starwi.ncuc.net/NCUC/portal/ncuc/page/Dockets/portal.aspx, Type SP -4666 Sub 0 in the Docket Number search line. Located off County Home Road, Rockingham, 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 (919)807-2425. AS A RESULT OF THIS REVIEW THE FOLLOWING IS SUBMITTED: T NO COMMENT 7 COMMENTS ATTACHED SIGNED BY: DATE: Ila Ga a - F DEC I ? 2014 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW -2015-01260 County: Richmond U.S.G.S. Quad: NC -HAMLET NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner: Jerry Goodman Mirage Enterprises Inc 361 Ledbetter Road Rockingham, NC, 28379 Agent: Brad Luckey Pilot Environmental PO Box 128 Kernersville, NC 27285 Size (acres) 45 Nearest Town Rockingham Nearest Waterway South Prong Falling Creels River Basin Lower Pee Dee USGS HUC 03040201 Coordinates Latitude: 34.9228743133856 Longitude: -79.7256295577256 Location description: Site is located on the south side of Country Home Road (PIN#: 748201379614) in Rockingham, Richmond County, NC. Indicate Which of the Following Apply: A. Preliminary Determination _ Based on preliminary information, there may be waters of the U.S. including wetlands on the above described project area . We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also, you may provide new information for further consideration by the Corps to reevaluate the JD. B. Approved Determination There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. 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 strongly suggest you have the waters of the U.S. including wetlands on your project area delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. X_ The waters of the U.S. including wetlands on your project area have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. 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 the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Brennan Dooley at 910-251-4694 or Brennan.J.Doolev(a,usace.armv.mil. C. Basis For Determination: The site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual and appropriate Regional Supplement. These wetland areas are directly abutting RPWs that are UTs to South Prong Falline Creek, which flows into Falling Creek, which flows into Hitchcock Creek, which flows into the Pee Dee River, a TNW. The stream channel in the project area exhibits ordinary high water marks as indicated by the absence of vegetation in the stream channel and the presence of bed and bank. 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 10M 15 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 10/15/15. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. r Corps Regulatory Official: Date: 08/17/15 Expiration Date: 08/17/20 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://regulatory.usacesurvey.coin/. 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.ariny.mii/Missions/CivilWorks/RegulatoiyProgramandPermits.aspx or Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Jerry Goodman Mirage Enterprises Inc File Number: SAW -2015-01260 Date: 08/17/15 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 F11 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.ariny.mii/Missions/CivilWorks/RegulatoiyProgramandPermits.aspx or Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division, Mr. Jason Steele, Administrative Appeal Review Officer Attn: Brennan Dooley CESAD-PDO U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room l OM 15 Atlanta, Georgia 30303-8801 Phone: 404 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the o portuni to participate in all site investigations. Date. Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Brennan Dooley, For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook. SECTION I: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): 08/17/15 B. DISTRICT OFFICE, FILE NAME, AND NUMBER: SAW -2015-01260 (Country Home Road—Norman Bland—Jerry Goodman) C. PROJECT LOCATION AND BACKGROUND INFORMATION: State:NC County/parish/borough: Richmond City: Rockingham Center coordinates of site (lat/long in degree decimal format): Lat. 34.92279°)V, Long. -79.72549° W. Universal Transverse Mercator: Name of nearest waterbody: South Prong Falling Creek Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Pee Dee River Name of watershed or Hydrologic Unit Code (HUC): 03040201 ® Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request. 0 Check if other sites (e.g., offsite mitigation sites, disposal sites, etc... ) are associated with this action and are recorded on a different JD form. D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): El Office (Desk) Determination. Date: ® Field Determination. Date(s): 7/8/15 SECTION H: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There j4re no "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. [Required] Waters subject to the ebb and flow of the tide. Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Explain: B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There Are "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required] 1. Waters of the U.S. a. Indicate presence of waters of U.S. in review area (check all that apply): ' TNWs, including territorial seas Wetlands adjacent to TNWs ® Relatively permanent waterS2 (RPWs) that flow directly or indirectly into TNWs rj Non-RPWs that flow directly or indirectly into TNWs ® Wetlands directly abutting RPWs that flow directly or indirectly into TNWs J] Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs ❑, Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs [] Impoundments of jurisdictional waters [] Isolated (interstate or intrastate) waters, including isolated wetlands b. Identify (estimate) size of waters of the U.S. in the review area: Non -wetland waters: 9501inear feet: 4width (ft) and/or acres. Wetlands: 5 acres. c. Limits (boundaries) of jurisdiction based on::1987 Delineation Manual. Elevation of established OHWM (if known): 2. Non-regulated watershvetlands (check if applicable):3 Q Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain: 1 Boxes checked below shall be supported by completing the appropriate sections in Section III below. 2 For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally" (e.g., typically 3 months). 3 Supporting documentation is presented in Section III.F. SECTION III: CWA ANALYSIS A. TNWs AND WETLANDS ADJACENT TO TNWs The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete Section HI.A.1 and Section IH.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and and Section III.D.1.; otherwise, see Section III.B below. 1. TNW Identify TNW: Summarize rationale supporting determination: 2. Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent': B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY): This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdiction established under Rapanos have been met. The agencies will assert jurisdiction over non -navigable tributaries of TNWs where the tributaries are "relatively permanent waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3 months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round (perennial) flow, skip to Section IH.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section III.D.4. A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law. If the waterbody° is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section HI.B.1 for the tributary, Section HLB.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section III.0 below. Characteristics of non-TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: Pick List Drainage area: Pick List Average annual rainfall: inches Average annual snowfall: inches (ii) Physical Characteristics: (a) Relationship with TNW: ❑ Tributary flows directly into TNW. ❑ Tributary flows through Pick List tributaries before entering TNW. Project waters are Pick List river miles from TNW. Project waters are Pick List river miles from RPW. Project waters are Fick List aerial (straight) miles from TNW. Project waters are Pick List aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: Identify flow route to TNWS: Tributary stream order, if known: ' Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and West. Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into INW. (b) General Tributary Characteristics (check all that apply): Tributary is: ❑ Natural ❑ Artificial (man-made). Explain: ❑ Manipulated (man -altered). Explain: Tributary properties with respect to top of bank (estimate): Average width: feet Average depth: feet Average side slopes: Pick List. Primary tributary substrate composition (check all that apply): ❑ Silts ❑ Sands ❑ Cobbles ❑ Gravel ❑ Bedrock ❑ Vegetation. Type/0/6 cover: ❑ Other. Explain: ❑ Concrete ❑ Muck Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: Presence of run/riffle/pool complexes. Explain: Tributary geometry: Pick List Tributary gradient (approximate average slope): % (c) Flow: Tributary provides for: Pick List Estimate average number of flow events in review area/year: Pick List Describe flow regime: Other information on duration and volume: Surface flow is:.?ickLls . Characteristics: Subsurface flow: Pick List. Explain findings: ❑ Dye (or other) test performed: Tributary has (check all that apply): ❑ Bed and banks ❑ OHWM6 (check all indicators that apply): ❑ clear, natural line impressed on the bank ❑ the presence of litter and debris ❑ changes in the character of soil ❑ destruction of terrestrial vegetation ❑ shelving ❑ the presence of wrack line ❑ vegetation matted down, bent, or absent ❑ sediment sorting ❑ leaf litter disturbed or washed away ❑ scour ❑ sediment deposition ❑ multiple observed or predicted flow events ❑ water staining ❑ abrupt change in plant community ❑ other (list): ❑ Discontinuous OHWM.7 Explain: If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply): ❑ High Tide Line indicated by: ❑ Mean High Water Mark indicated by: ❑ oil or scum line along shore objects ❑ survey to available datum; ❑ fine shell or debris deposits (foreshore) ❑ physical markings; ❑ physical markings/characteristics ❑ vegetation lines/changes in vegetation types. ❑ tidal gauges ❑ other (list): (iii) Chemical Characteristics: Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain: Identify specific pollutants, if known: 6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break. 'Ibid. (iv) Biological Characteristics. Channel supports (check all that apply): ❑ Riparian corridor. Characteristics (type, average width): ❑ Wetland fringe. Characteristics: ❑ Habitat for: ❑ Federally Listed species. Explain findings: ❑ Fish/spawn areas. Explain findings: ❑ Other environmentally -sensitive species. Explain findings: ❑ Aquatic/wildlife diversity. Explain findings: 2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW (i) Physical Characteristics: (a) General Wetland Characteristics: Properties: Wetland size: acres Wetland type. Explain: Wetland quality. Explain: Project wetlands cross or serve as state boundaries. Explain: (b) General Flow Relationship with Non-TNW: Flow is: Pick List. Explain: Surface flow is: Pick List Characteristics: Subsurface flow: Pick List. Explain findings: ❑ Dye (or other) test performed: (c) Wetland Adjacency Determination with Non-TNW: ❑ Directly abutting ❑ Not directly abutting ❑ Discrete wetland hydrologic connection. Explain: ❑ Ecological connection. Explain: ❑ Separated by berm/barrier. Explain: (d) Proximity (Relationship) to TNW Project wetlands are Pick List river miles from TNW. Project waters are Pick List aerial (straight) miles from TNW. Flow is from: Fick List. Estimate approximate location of wetland as within the Pick Lisf floodplain. (ii) Chemical Characteristics: Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed characteristics; etc.). Explain: Identify specific pollutants, if known: (iii) Biological Characteristics. Wetland supports (check all that apply): ❑ Riparian buffer. Characteristics (type, average width): ❑ Vegetation type/percent cover. Explain: ❑ Habitat for: ❑ Federally Listed species. Explain findings: ❑ Fish/spawn areas. Explain findings: ❑ Other environmentally -sensitive species. Explain findings: ❑ Aquatic/wildlife diversity. Explain findings: 3. Characteristics of all wetlands adjacent to the tributary (if any) All wetland(s) being considered in the cumulative analysis: 30 (or more) Approximately ( ) acres in total are being considered in the cumulative analysis. For each wetland, specify the following: Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres) Summarize overall biological, chemical and physical functions being performed: C. SIGNIFICANT NEXUS DETERMINATION A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a floodplain is not solely determinative of significant nexus. Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and discussed in the Instructional Guidebook. Factors to consider include, for example: • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW? • Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW? • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that support downstream foodwebs? • Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological integrity of the TNW? Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented below: 1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D: 2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: 3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT APPLY): 1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: E] TNWs: linear feet width (ft), Or, acres. Wetlands adjacent to TNWs: acres. 2. RPWs that flow directly or indirectly into TNWs. Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that tributary is perennial: Feature SA -1 was observed during a site visit and had an OFIWM, sinuosity, bed and bank, and intercepted the water table throughout the reach. Feature SA -1 has a significant contributing watershed, and is low enough in the watershed to be considered perennial. Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows seasonally: Provide estimates for jurisdictional waters in the review area (check all that apply): ® Tributary waters: 950 linear feet4width (ft). ❑ Other non -wetland waters: acres. Identify type(s) of waters: Non-RPWss that flow directly or indirectly into TNWs. Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional waters within the review area (check all that apply): El Tributary waters: linear feet width (ft). Other non -wetland waters: acres. Identify type(s) of waters: Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: There are no barriers between the wetland and the RPW, it is abutting. Surface water flow was evident between the wetland and RPW. Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is seasonal in Section III.13 and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Provide acreage estimates for jurisdictional wetlands in the review area: 5 acres. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. [( Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this conclusion is provided at Section III.C. Provide acreage estimates for jurisdictional wetlands in the review area: acres. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs. Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a'INW are jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional wetlands in the review area: acres. 7. Impoundments of jurisdictional waters.9 As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional. ❑ Demonstrate that impoundment was created from "waters of the U.S.," or Demonstrate that water meets the criteria for one of the categories presented above (1-6), or Demonstrate that water is isolated with a nexus to commerce (see E below). E. ISOLATED [INTERSTATE OR INTRA -STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY):10 ❑ which are or could be used by interstate or foreign travelers for recreational or other purposes. from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. El which are or could be used for industrial purposes by industries in interstate commerce. Interstate isolated waters. Explain: "See Footnote # 3. 9 To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook. 10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for review consistent with the process described in the Corps/EPA Memorandum Regarding CIVA Act Jurisdiction Following Rapanos. Other factors. Explain: Identify water body and summarize rationale supporting determination: Provide estimates for jurisdictional waters in the review area (check all that apply): ❑ Tributary waters: linear feet width (ft). El Other non -wetland waters: acres. Identify type(s) of waters: Wetlands: acres. F. NON -JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): ❑ If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland Delineation Manual and/or appropriate Regional Supplements. ❑ Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce. ❑ Prior to the Jan 2001 Supreme Court decision in "S[,VANCC," the review area would have been regulated based solely on the "Migratory Bird Rule" (MBR). HWaters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain: Other: (explain, if not covered above): Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional judgment (check all that apply): ❑ Non -wetland waters (i.e., rivers, streams): linear feet width (ft). F] Lakes/ponds: acres. El Other non -wetland waters: acres. List type of aquatic resource: Wetlands: acres. Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction (check all that apply): El Non -wetland waters (i.e., rivers, streams): linear feet, width (ft). Lakes/ponds: acres. �] Other non -wetland waters: acres. List type of aquatic resource: Wetlands: acres. SECTION IV: DATA SOURCES. A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked and requested, appropriately reference sources below): Maps, plans, plots or plat submitted by or on behalf of the appl icant/consultant:P i lot Environmental. Data sheets prepared/submitted by or on behalf of the applicant/consultant. ® Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. ❑ Data sheets prepared by the Corps: �] Corps navigable waters' study: U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. U.S. Geological Survey map(s). Cite scale & quad name: 1:20000 Hamlet, NC. ® USDA Natural Resources Conservation Service Soil Survey. Citation: Web Soil Survey - Richmond County. National wetlands inventory map(s). Cite name:USFWS Wetlands Mapper. ® State/Local wetland inventory map(s): FEMA/FIRM maps:2007. 100 -year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ® Photographs: ® Aerial (Name & Date):Googe Earth 2014. or ❑ Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter: �] Applicable/supporting case law: Applicable/supporting scientific literature: Other information (please specify): B. ADDITIONAL COMMENTS TO SUPPORT JD: �+ •'_ � - � � -�; r ;� � :.r- l i q �....w- ; - 1 � E Epp ,� • • , F' ` C. ;: ...I i ,� 1 • I 4 - if ,J `r/�1�� �' y � I `1�...��, / "r' t t 11 l „ lip • �y f i R 4 •� l IN r, it • �/ ��.` _• -) % , � .•. _ y yids %,y V ly. ••c rP V � � ff • vt � N •t>�• i. �. "'.�-- •'� ten! � I ��-'l"_,s. % , pr _ � � , � Fr � � ,��,• az ,/rte � , My ,J• y �A _ P 3� r %� p � t ichlaind � • n 111 (, r ; •f •! r i t f r. E r T� a- / "-�'`_ �' �� .,�—�_- 'moi•... — '' •�% M�s �."� � `� '� I' a -+► — „� ..- �y: �, fE• K! � f �� z fes} � � i. ' _ _ t ►i a T° '�' � �'��: � `^`'`— . rf _ J _ _�., .� # _ 4 _ ..�' !p rid �_. f l •, ,��r i . • � _". r+r.� ~ • • s ~_ • • "_ �• �f,�/ � � -` ;fes}y '�� � - _ - `4 l !- - - - $ w r LEGEND ,�, r • w /,•' f Site Boundary Drawing 1 USGS Topographic Map County Home Solar USGS Topographic Map Approximate 97 acre Tract Hamlet, NC Quadrangle Rockingham, Richmond County,NC Scale: 1"=2,000' PILOT ENV IRO NMENTAL.INC Pilot Project 1480.4 N WCB oB 29 72 LEGEND Pit Site Boundary - Web Soil Map Drawing 2 County Home Solar USDA Web Soil Survey of Richmond County NC Approximate 97 Acre Tract „t�®1'_ Rockingham, Richmond County, NC Scale: 1 =600 PILOT ENVIRONMENTAL, INC Pilot Project 1480.4 �V l./ Act: , A 3 Y Poe .`� .� I/J l Drawing 2A USDA Soil Survey of Richmond County, NC Published 1999, Sheet 8 Not to Scale PI LOT ENV I RONM EN TA I.I NC LEGEND Site Boundary f .ASB Published Soil Map County Home Solar Approximate 97 Acre Tract Rockingham, Richmond County, NC Pilot Project 1480.4 �5f111 Drawing 3 USFWS NWI Wetlands Mapper Scale: 1" = 600' Published Soil Map County Home Solar Approximate 97 Acre Tract Rockingham, Richmond County, NC Pilot Project 1480.4 . PILOT EN V I RO N M E NTAL, INC ;tt6 Published Soil Map County Home Solar Approximate 97 Acre Tract Rockingham, Richmond County, NC Pilot Project 1480.4 ME 40 x1,r JA r. LEGEND 1 f II Site Boundary 1 %Annual Chance Flood Hazard R egulatory Floodvay Special Flood"ay *�' ,^• Area ofUndetermired FloodHazard +_ 0.21/.Annual Chance Flood Hazard .� If 'Faure Conditions I%Annual Chance Flood Hazard IL Ij Are2 with Reduced Risk Due to Levee Drawing 4 FEMA FIRM County Home Solar National Flood Hazard Layer Approximate 97 Acre Tract From FEMA Web Map Service .., _ "� 1.�,.�� Rockingham, Richmond County, NC Scale: 1" -1,000 PILOT ENVI RONIV ENTAL,INC Pilot Project 1480.4 ti :µ'd1 Q DP -1 O DP -2 /WC Site Boundary Perennial Stream Wetlands DP -1 O Data Point TRACT A - THE LOCATIONS OF FEATURES SHOWN ON TRACT A WERE PREVIOUSLY VERIFIED BY USACE JD SAW -2015-01260. TRACT A INCLUDES A SURVEY OF DELINEATED FEATURES. TRACT B - THE LOCATIONS OF FEATURES SHOWN ON TRACT B WERE FIELD VERIFIED BY MR. DAVID BAILEY WITH THE USACE AND MR. CHAD TURLINGTON WITH THE NCDEQ-DWR ON 8.8.17. TRACT B INCLUDES A SURVEY OF DELINEATED FEATURES. TRACT C - THE LOCATIONS OF FEATURES SHOWN ON TRACT C WERE FIELD VERIFIED BY MR. DAVID BAILEY WITH THE USACE AND MR. CHAD TURLINGTON WITH THE NCDEQ-DWR ON 8.8.17. TRACT C INCLUDES GPS LOCATION OF DELINEATED FEATURES. Drawing 5 Aerial Imagery from ESRI and Pilot GPS Data Scale: 1" = 600' Date: 8.8.17 P I LOT ENVIRO N M E NTA L. I N C Wetland Map County Home Solar Approximate 97 Acre Tract Rockingham, Richmond County, NC Pilot Project 1480.4