HomeMy WebLinkAbout20171225 Ver 1_401 Application_20170925O�0� W AT �9�G
y
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre -Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the
Corps:
®Section 404 Permit El Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: NWP 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
1e. 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
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:
Hanover Solar Farm
2b. County:
Maysville
2c. Nearest municipality / town:
Onslow
2d. Subdivision name:
2e. NCDOT only, T.I.P. or state
project no:
3. Owner Information
3a. Name(s) on Recorded Deed:
The Redd Family of North Carolina, LLC
3b. Deed Book and Page No.
3318-273 & 002-162
3c. Responsible Party (for LLC if
applicable):
Brenda Redd �F P
3d. Street address:
2200 Castle Pines Dr. - P E
RES Mt�IN
3e. City, state, zip:
Raleigh NC, 27604 401 &6
3f. Telephone no.:
919-802-4519
3g. Fax no.:
3h. Email address:
12paws.bv@gmail.com
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. Geoff Fallon
4c. Business name
(if applicable):
Hanover Solar, LLC
4d. Street address:
3250 Ocean Park Boulevard
4e. City, state, zip:
Santa Monica CA, 90405
4f. Telephone no.:
310.581.6299
4g. Fax no.:
4h. Email address:
conchilla@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 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):
533800773620 & 533800891010
1 b. Site coordinates (in decimal degrees):
Latitude: 35.80652 Longitude: - 77.20701
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size:
65 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
Grants Creek
proposed project:
2b. Water Quality Classification of nearest receiving water:
Class C
2c. River basin:
j White Oak
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 an existing paved driveway (Hampshire Lane), agricultural fields and wooded land. The site is located
in a rural area of Maysville, Onslow County, North Carolina
3b. List the total estimated acreage of all existing wetlands on the property:
—3.11 ac
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
streams= -1,640 & open water drainage ditch= -7,325'/0.85 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 to the site, access roads and five 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 [-I No El Unknown
project (including all prior phases) in the past?
Comments: SAW -2016-01353
4b. If the Corps made the jurisdictional determination, what type
®Preliminary F] 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 SAW 2016-01353 dated 9.20.17
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 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
Fill/Pump Around
PFO
® Yes
❑ No
® Corps
❑ DWQ
0.006/0.004
W2 ®P ®T
Fill/Pump Around
PFO
❑ Yes
® No
® Corps
❑ DWQ
0.003/0.002
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
❑ No
❑ Corps
❑ DWQ
2g. Total wetland impacts
0.009/0.006
2h. Comments: Crossing 1 will permanently impact 0.006 acres of wetlands and temporarily impact 0.004 acres of wetlands.
Crossing 2 will permanently impact 0.003 acres of wetlands and temporarily impact 0.002 acres of wetlands. Crossing 1
includes the removal of existing 35 liner feet of 36" RCP and Crossing 2 includes the removal of existing 22 linear feet of 15"
RCP. Areas of temporary impact will be restored to similar pre -construction conditions and re -planted with native herbaceous
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 ®P ®T
Fill/Pump Around
Unnamed
® PER
❑ INT
® Corps
❑ DWQ
14
30/15
S2 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S3 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S4 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S5 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S6 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
3h. Total stream and tributary impacts
30/15
3i. Comments: Crossing 1 will permanently impact 30 linear feet of perennial stream channel for culvert and rip -rap fill and
Page 5 of 11
PCN Form — Version 1.3 December 10, 2008 Version
temporarily impact 15 linear feet of perennial stream channel for culvert pump -around. Crossing 1 includes the removal of
existing 35 linear feet of 36" RCP. Areas of temporary impact will be 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.
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
01 ®P ®T
Unnamed
Fill/Pump Around
Ditch
0.002/0.001
02 ®P ®T
Unnamed
Fill/Pump Around
Ditch
0.004/0.003
03 ®P ®T
Unnamed
Fill/Pump Around
Ditch
0.014/0.005
04 SPOT
Unnamed
Fill/Pump Around
Ditch
0.015/0.005
4E Total open water impacts
0.035/0.0015
4g. Comments: Crossing 2 will permanently impact 0.002 acres of open water drainage ditch for culvert and rip -rap fill and
temporarily impact 0.001 acres for culvert pump -around. Crossing 3 will permanently impact 0.004 acres of open water
drainage ditch for culvert and rip -rap fill and temporarily impact 0.002 acres for culvert pump -around. Crossings 2 and 3
include the removal of existing 22 linear feet of 15" RCP from each crossing location. Crossing 4 will permanently impact
0.014 acres of open water drainage ditch for culvert and rip -rap fill and temporarily impact 0.005 acres for culvert pump -
around. Crossing 5 will permanently impact 0.015 acres of open water drainage ditch for culvert and rip -rap fill and temporarily
impact 0.005 acres for culvert pump -around. Areas of temporary impact will be restored to similar pre -construction conditions
and re -planted.
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 El Tar-Pamlico ®Other: White Oak
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
re wired?
B1 ❑P❑T
El Yes
❑ No
B2 ❑ P ❑ T
❑ 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 five WoUS crossing are necessary. The road
widths have been designed to the minimal width necessary to safely accommodate heavy equipment and tractor trailers.
Crossings 1, 2 and 3 have been designed to cross in locations of existing culverts, thus minimizing impact to streams and
open water drainage ditches located on the site. The crossings will utilize head/end walls which further minimizes impacts to
streams, wetlands and open water drainage ditches.
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 3.11 acres of wetlands, 1,640 linear feet of perennial stream channel and 0.85 acres of open water
drainage ditches located on the site. The remaining approximate 3.10 acres of wetlands, 1,610 linear feet of perennial stream
and 0.81 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. 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.
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.
Mitigation is not proposed.
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: Buffer mitigation is not proposed.
Page 8of11
PCN Form — Version 1.3 December 10, 2008 Version
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ® No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ❑ No
Comments:
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project?
<10 %
2b. Does this project require a Stormwater Management Plan?
❑ Yes ® No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why: Based on the % impervious, a
stormwater management plan is not 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?
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 9 of 11
PCN Form — Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1a. 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)?
1c. 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 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 9.6.17
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: No Rise Certification letter dated 8.4.17 (attached)
8c. What source(s) did you use to make the floodplain determination? FEMA FIRM 3720532800k and No Rise Certification
Digitally signed by Bradley S. Luckey
DN: cn=Bradley S. Luckey, o=Pilot
Environmental, lnc.,ou,
Bradley S. Luckey
emall=bluckey@pilotenviro.com,r—US
9.22.17
Date: 2017.09.22 07:34:04 -04'00'
Applicant/Agent's Printed Name
Applicant/Agent's Signature
Date
(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
DocuSign Envelope ID: A9299FD9-CE72-4DB8-A2AE-A8546DDFD699
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:
Applicant Information:
Name:
Address:
Telephone Number:
Fax Number:
E-mail Address:
238 Hampshire Lane
Maysville, NC 28555
Hanover Solar, LLC
3250 Ocean Park Blvd.
Suite 355
Santa Monica, CA 90405
(310) 581-6299
818-971-9428
DocuSigned by:
9/19/2017
Signature: Date:
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United States Department of the Interior
Catherine Carston
Pilot Environmental Inc.
PO Box 128
Kernersville, NC 27258
FISH AND WILDLIFE SERVICE
Raleigh FS Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
August 4, 2017
Re: Hanover Solar Farm (Additional Area) — Onslow 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 control. 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:
N
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:Hmail.google.com/mail/u/0/gadvancedsearch/subject=pollinator&subset=all&has=a
nita&within=l d&sizeoperator—s_sl&sizeunit=s_smb/I4f0366dba7d3bda?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/pollinatorpages/votirticip.html
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.g_ov/raleinh/py 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.yov/ipac/. The
3
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 3 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,
etc Benjamin
Field Supervisor
)7!
I 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.
2
COUNTY: ONSLOW
NORTH CAROLINA STATE CLEARINGHOUSE
DEPARTMENT OF ADMINISTRATION }-
INTERGOVERNMENTAL REVIEW 0-
U O
STATE NUMBER: 18-E-4600-0050
DATE RECEIVED: 08/21/2017 J
AGENCY RESPONSE: 09/15/201' V
REVIEW CLOSED: 09/20/2017
W
LL
0
R11: ENERGY RELATED
FACILITIES/ACTIVT_TIES
MS RENEE GLEDHILL-EARLEY
CLEARINGHOUSE COORDINATOR
DEPT OF NATURAu & CULTURAL RESOURCE
STATE HISTORIC PRESERVATION OFFICE
MSC 4617 - ARCHIVES BUILDING
RALEIGH NC
REVIEW DISTRIBUTION
DEPT OF AGRICULTURE
DEPT OF ENVIR. QUALITY - COASTAL MG
DEPT OF ENVIRONMENTAL QUALITY
DEPT OF NATURAL & CULTURAL RESOURCE
DEPT OF TRANSPORTATION
DNCR - NATURAL HERITAGE PROGRAM
DPS - DIV OF EMERGENCY MANAGEMENT
EASTERN CAROLINA COUNCIL
FAUG 2 5 2u;7
HISTORIC PRESERVATION OFFICE
PROTECT INFORMATION
APPLICANT: North Carolina Department of Commerce
TYPE: State Environmental Policy Act
Environmental Review
P� N
N
N
CL
fA
DESC: Amended Application of Hanover Solar, LLC for Certificate to construct a 5 MW
Solar Photovoltaic Electric Generating Facility in Onslow Co. Docket #SP -7921 Sub
0. - View document at
http://starwl.ncuc.net/NCUC/portal/ncuc/page/Dockets/portal.aspx, Type SP -7921
Sub 0 in the Docket Number search line.
Located off Hampshire Lane, east of Belgrade-Swansboro Road and approximately .55
miles north of the intersection of Tierce Lane and Pattie Lane in Maysville, NC
Amended due to the addition of a preexisting access road that runs along
Hampshire Lane, which will be widened.
CROSS-REFERENCE NUMBER: 16-E-4600-0404
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:rbq
NO COMMENT COMMENTS ATTACHED
SIGNED BY: DATE: Q
AUG 2 8 gni?
North Carolina Department of Public Safety
WSEmergency Management
Roy Cooper, Governor
Erik A. Hooks, Secretary
August 4, 2017
Cynthia Burley, Floodplain Administrator
Onslow County Code Enforcement
604 College Street
Jacksonville, NC 28540
Michael A. Sprayberry, Director
Subject: Hampshire Road Improvements, Onslow County, North Carolina
Dear Ms. Burley:
The North Carolina Department of Public Safety Division of Emergency Management Risk
Management National Flood Insurance Program (NCNFIP) staff has reviewed the information
provided by Lloyd A. Tyndall, P.E. in support of a No -Rise Certification for proposed road
improvements on Hampshire Road along Grants Creek in Onslow County. The certification is
dated August 3, 2017. It was received in this office on August 3, 2017.
Based on the information provided, the NCNFIP review indicates the report meets the
requirements of the Federal Emergency Management Agency's (FEMA) guidance for a no -rise
certification. The NCNFIP finds no objection to the conclusion of no increase in flood levels as
contained in the certification.
A floodplain development permit will be required prior to starting any site work.
If you have any questions or concerns with the items herein, please contact me at (919) 825-
2300, by email at dan.brubakergri dps.gov or at the address shown on the footer of this
document.
MAILING ADDRESS:
4218 Mail Service Center
Raleigh NC 27699-4218
www.ncem.org
Sincerely,
—D -ks
4n D. Brubaker, P.E., CFM
NFIP Coordinator
Risk Management
9
WEU cFy
`F to
y,
NOR 111 CARM INA
RM OFFICE LOCATION:
4105 Reedy Creek Road
Raleigh, NC 27607
Telephone: (919) 825-2341
Fax: (919) 825-0408
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW -2016-01353 County: Onslow U.S.G.S. Quad: NC -STELLA
Property Owner:
Size (acres)
Nearest Waterway
USGS RUC
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Brenda Redd
2200 Castle Pines Drive
Raleieh, NC 27604
65
Grants Creek
03020301
Agent: Michael T. Brame
PO Box 128
Kernersville. NC 27285
Nearest Town Maysville
River Basin White Oak River
Coordinates Latitude: 34.8065218931764
Longitude: -77.2070154444539
Location description: The project area is located on the west side of Hampshire Ln, aonroximately 0.65 miles
northeast of its intersection with Belerade-Swansboro Rd., MaysvMe. Onslow County North Carolina.
Indicate Which of the Following Apply:
A. Preliminary Determination
X 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 maybe 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 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.
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.
_ The waters of the U.S. including wetlands on your project area have been delineated and the delineation has been
verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be
reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to
CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be
relied upon for a period not to exceed five years.
_ The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat
signed by the Corps Regulatory Official identified below on . Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
There are no waters of the U.S., to include wetlands, present on the above described 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 Rachel Cavito at 910-251-4487 or
Rachel.A.Caoito(i)usace.armv.mil.
C. Basis For Determination: The proiect area exhibits wetland criteria as described in the 1987 Corps Wetland
Delineation Manual and appropriate Reeional Supplement. The water bodies exhibit ordinary high water marks as
indicated by the absence of veeetation in the stream channel and the presence of bed and bank, sediment deposition
and wrack lines. Site visit by Brennan Dooley 7/6/2016. Desktop review of additional property area by Rachel
Caulto 9/6/2017.
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.
Corps Regulatory Official:
Date: September 15, 2017 Expiration Date: N/A
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.com/.
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at hitp://www.usace.gM.miUMissions/CivilWorks/Re. ug latoryProgramandPermits.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 ADIIIINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Brenda Redd
File Number: SAW -2016-01353
Date: September 15, 2017
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 hitp://www.usace.gM.miUMissions/CivilWorks/Re. ug latoryProgramandPermits.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 H - 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 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 ortuni to participate in all site investi ations.
Date:
Telephone number:
Signature of appellant oragent.
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
In ■ Jurisdictional Ditch
Perennial Stream
f Wetlands
DP -10 Data Point
y
� f � �
■ Culvert
«e. ,
TRACT A - TRACT A WAS VERIFIED BY MR. BRENNAN DOOLEY WITH THE USACE ON JULY 6, 2016 (SAW 2016-01353).
TRACT B - THE LOCATIONS OF FEATURES SHOWN ON TRACT B ARE PRELIMINARY. THEY HAVE 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 ESRIg Hanover Solar
and Pilot GPS Data ; Approximate 65 Acre Tract
O'fi�..,•�_ 4
Scale: V = 500' FgLMaysville, Onslow County, NC
Date: 6.29.17 PILOT INV ■ONMINTAI.INC , Pilot Project 1965.1
■ ■ ■ ■
PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: September 15, 2017
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Brenda Redd, 2200 Castle Pines Drive,
Raleigh, NC 27604
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington, Hanover Solar Farm, SAW -2016-
01353.
PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The project area is located on the west
side of Hampshire Ln, approximately 0.65 miles northeast of its intersection with Belgrade-Swansboro Rd.,
Maysville, Onslow County, North Carolina.
D. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County/parish/borough: Onslow City: Maysville
Center coordinates of site (lat/long in degree decimal format): Lat.: 34.80652 Long.: -77.20701
Universal Transverse Mercator:
Name of nearest waterbody: Grants Creek
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
® Office (Desk) Determination. Date: 09/06/2017
® Field Determination. Date(s): 07/06/2016
TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO
REGULATORY JURISDICTION.
Site
Latitude (decimal
Longitude
Estimated amount of
Type of aquatic
Geographic authority to
Number
degrees)
(decimal degrees)
aquatic resources in
resources (i.e.,
which the aquatic resource
review area (acreage
wetland vs. non-
"may be" subject (i.e.,
and linear feet, if
wetland waters)
Section 404 or Section
applicable
10/404
SB
34.803778
-77.208992
1640 linear feet (If)
Non -wetland
Section 404
waters
DA
34.805596
-77.205179
8301f
Non -wetland
Section 404
waters
DB
34.806737
-77.205736
8281f
Non -wetland
Section 404
waters
DC
34.806697
-77.206334
4571f
Non -wetland
Section 404
waters
DD
34.806786
-77.206837
22821f
Non -wetland
Section 404
waters
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1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the
review area, and the requestor of this PJD is hereby advised of his or her option to request
and obtain an approved JD (AJD) for that review area based on an informed decision after
having discussed the various types of JDs and their characteristics and circumstances when
they may be appropriate.
2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide
General Permit (NWP) or other general permit verification requiring "pre- construction
notification" (PCN), or requests verification for a non -reporting NWP or other general permit,
and the permit applicant has not requested an AJD for the activity, the permit applicant is
hereby made aware that: (1) the permit applicant has elected to seek a permit authorization
based on a PJD, which does not make an official determination of jurisdictional aquatic
resources; (2) the applicant has the option to request an AJD before accepting the terms and
conditions of the permit authorization, and that basing a permit authorization on an AJD could
possibly result in less compensatory mitigation being required or different special conditions;
(3) the applicant has the right to request an individual permit rather than accepting the terms
and conditions of the NWP or other general permit authorization; (4) the applicant can accept
a permit authorization and thereby agree to comply with all the terms and conditions of that
permit, including whatever mitigation requirements the Corps has determined to be necessary;
(5) undertaking any activity in reliance upon the subject permit authorization without
requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a
permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in
reliance on any form of Corps permit authorization based on a PJD constitutes agreement that
all aquatic resources in the review area affected in any way by that activity will be treated as
jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial
compliance or enforcement action, or in any administrative appeal or in any Federal court;
and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed
as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and
conditions contained therein), or individual permit denial can be administratively appealed
pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to
make an official determination whether geographic jurisdiction exists over aquatic resources
in the review area, or to provide an official delineation of jurisdictional aquatic resources in
the review area, the Corps will provide an AJD to accomplish that result, as soon as is
practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be"
navigable waters of the U.S. on the subject review area, and identifies all aquatic features in
the review area that could be affected by the proposed activity, based on the following
information:
SUPPORTING DATA. Data reviewed for PJD (check all that apply)
Checked items should be included in subject file. Appropriately reference sources below where
indicated for all checked items:
® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map:
® Data sheets prepared/submitted by or on behalf of the PJD requestor.
® Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Rationale:
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data.
® USGS 8 and 12 digit HUC maps.
® U.S. Geological Survey map(s). Cite scale & quad name: USGS Stella Topographic Map
® Natural Resources Conservation Service Soil Survey. Citation:
https://websoilsurvey sc.egov.usda.gov; Onslow County
® National wetlands inventory map(s). Cite name: USFWS NWI Map
❑ State/local wetland inventory map(s):
® FEMA/FIRM maps: National Flood Hazard Layer
❑ 100 -year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
®Photographs: ®Aerial (Name & Date): 6/29/2017
or []Other (Name & Date): Site
❑ Previous determination(s). File no. and date of response letter:
❑ Other information (please specify): Field Determination. Date(s):
IMPORTANT NOTE: The information recorded on this form has not necessarily been
verified by the Corps and should not be relied upon for later jurisdictional
determinations.
Signature and date of Regulatory
staff member completing PJD
Signature and date of person
requesting PJD (REQUIRED,
unless obtaining the signature
is impracticable) '
1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the
established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing
an action.
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Site Boundary
Drawing 1 USGS Topographic Map
USGS Topographic Map Hanover Solar
Stella, NC Quadrangle
Approximate 65 Acre Tract
�,
Scale: 1" - 2 000' Maysville, Onslow County, NC
PILOT ENVIRONMENTAL INC Pilot Project 1965.1
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Drawing 2
USDA Web Soil Survey
of Onslow County NC
Scale: 1" = 500'
Mks
P I L O T E N V I R 0 N M E N T A L I N C
G3
LEGEND
Site Boundary
Web Soil Map
Hanover Solar
Approximate 65 Acre Tract
Maysville, Onslow County, NC
Pilot Project 1965.1
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NaALEGEND'
Site Boundary
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Drawing 2A Published Soil Map
USDA Soil Survey Hanover Solar
of Onslow County, NC lApproximate 65 Acre Tract
Published 1992, Sheet 21 PILOT "" Maysville, Onslow County, NC
PILOT ENVI RON M ENTAL. INC
CScale: 1I_ 400I
Pilot Project 1965.1
PF014
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Drawing 3 NWI Map
USFWS NWIHanover Solar
Wetlands Mapper
Approximate 65 Acre Tract
`:i ,�,
Scale: 1" = 500' Maysville, Onslow County, NC
PILOT ENVIR0NMENTAL.INC Pilot Project 1965.1
1
LEGEND
Site Boundary
�€
Freshwater Emergent
Freshwater Forested/Shrub
Estuarine and Marine Deepwater
Estuarine and Marine°
Freshwater Pond
Lake
10,
Riverine
Other
Drawing 3 NWI Map
USFWS NWIHanover Solar
Wetlands Mapper
Approximate 65 Acre Tract
`:i ,�,
Scale: 1" = 500' Maysville, Onslow County, NC
PILOT ENVIR0NMENTAL.INC Pilot Project 1965.1
AREArF MINIMAL FL+JC ,F
a
Drawing 4
Hanover Solar
National Flood Hazard Layer`` Approximate 65 Acre Tract
From FEMA Web Map Service ,' �,
Scale: 1" = 500' PILOENVIRONMENTAL. /�'.- INC Maysville, Onslow County, NC
Pilot Project 1965.1
s
LEGEND
&
Site Boundary
1 %Annual Chance Flood Hazard
MRegulatory Floodway
Sped al Floodway
Area of Undetermined Flood Hazard
W W,
0.2% Annual Chance Flood Hazard
4fi� `Future
filLx
1
Conditions 1%Annual Chance Flood Hazard
,Area with Reduced Risk Due to Levee
FEMA FIRM
Drawing 4
Hanover Solar
National Flood Hazard Layer`` Approximate 65 Acre Tract
From FEMA Web Map Service ,' �,
Scale: 1" = 500' PILOENVIRONMENTAL. /�'.- INC Maysville, Onslow County, NC
Pilot Project 1965.1
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Site Boundary
■ ■ ■ ■ ■ ■ Jurisdictional Ditch
Perennial Stream
Wetlands
DP -1 Q Data Point
■ Culvert
TRACT A - TRACT A WAS VERIFIED BY MR. BRENNAN DOOLEY WITH THE USACE ON JULY 6, 2016 (SAW 2016-01353).
TRACT B - THE LOCATIONS OF FEATURES SHOWN ON TRACT B ARE PRELIMINARY. THEY HAVE NOT BEEN VERIFIED BY THE USACE AND/OR
THE NCDEQ-DWR. THIS EXHIBIT INCLUDES GPS LOCATIONS OF DELINEATED FEATURES.
Drawing 5
Aerial Imagery from ESRI
and Pilot GPS Data
Scale: 1" = 500'
Date: 6.29.17
.. P I L O T E N V I R 0 N M E N T A L. I N C
Wetland Map
Hanover Solar
Approximate 65 Acre Tract
Maysville, Onslow County, NC
Pilot Project 1965.1