20170904 Ver 1_USACE Permit_20171020

Strickland, Bev
From: Barnes, Kyle W CIV USARMY CESAW (US) < [e-mail] >
Sent: Friday, October 20, 2017 1:21 PM
To: Kelly Hoyt; Matt Ingalls; Danielle Birmingham
Cc: Scarbraugh, Anthony
Subject: [External] SAW -2017-01454 Jamesville Road Solar
Attachments: SAW -2017-01454 Jameslville Road Solar_LLC.pdf
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I have attached the Nationwide Permit 14 verification to this correspondence as well as a link to the NWP 14. You will
need to download a copy of the permit and provide it to the contractor so they will be familiar with the terms and
conditions of that permit. If you have any questions you can contact me by email or at the number below.
http://saw-reg.usace.army.mil/NWP2017/2017NWP14.pdf
Kyle Barnes
Regulatory Project Manager
US Army Corps of Engineers
Wilmington District
Washington Field Office
910-251-4584
We at the U.S. Army Corps of Engineers Regulatory Branch are committed to improving service to our customers. We
would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is
located at:
http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 <http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0>
Thank you for taking the time to visit this site and complete the survey.

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW -2017-01454 County: Martin County U.S.G.S. Quad: Plymouth West
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Kelly Hoyt
Sun Energy 1
Address: 192 Raceway Drive
Mooresville, NC, 28117
Telephone Number: [phone]
Size (acres) 121 Nearest Town Plymouth
Nearest Waterway Welch Creek River Basin Roanoke
USGS HUC 03010107 Coordinates Latitude: 35.845278
Longitude: -76.799138
Location description: The project site is located on Pulp Mill Road one mile north of the intersection of US 64 approximately
4.5 miles west of the town of Plymouth in Martin County, North Carolina. The site currently contains both agriculture and
clear cut forest uses.
Description of projects area and activity: The project will involve the installation of a road to access a solar farm. The
installation shall be installed according to the plans submitted to the US Army Corps of Engineers on October 3, 2017.
(Attached)
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Sections 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number or Nationwide Permit Number: 14
SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted application and attached information dated July 7, 2017 and amended on October 3, 2017.
Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work
order, a restoration order, a Class I administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or
modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of
the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are
under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the
activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Resources (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (LAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management in Elizabeth City, NC, at [phone].
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Kyle Barnes at [phone] or Ky1e.W.Barnes(ausace.army.mil.
BARN ES.KYLEMILLIAM p„ s'so °°Vim, awp000 3p„0353
Corps Regulatory Official: .1388035397 ° °_°» °° ,,3,-0°°° 18033' Date: October 20, 2017
Expiration Date of Verification: March 18, 2022

SAW -2017-01454
Determination of Jurisdiction:
A. ® 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). 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. Please note, if work is authorized by either a general or
nationwide permit, and you wish to request an appeal of an approved JD, the appeal must be received by the Corps
and the appeal process concluded prior to the commencement of any work in waters of the United States and prior to
any work that could alter the hydrology of waters of the United States.
B. ❑ 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 (RHA) (33 USC § 403) and 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.
C. ❑ There are waters, including wetlands, within the above described project area that are 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.
D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action.
Please reference jurisdictional determination issued . Action ID: SAW -
Basis For Determination: The wetlands on the property were identified utilizing the US Army Corps of
Engineers 1987 Wetland Delineation Manual and the Atlantic and Gulf Coast Region Supplement.
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 jurisdiction determinations as indicated in B and
C above).
This correspondence constitutes an approved jurisdiction 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
Phone: [phone]

SAW -2017-01454
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 N/A.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.** BARN ES.KYLE.WI LLIA Digitally signed by BARNES.KYLE.WILLIAM.1388035397
Corps Regulatory Official:
Date of JD: October 20, 2017
Expiration Date of JD: N/A
DN. c=U5, o=U.S. Government, ou=DoD, ou=PKI,
M.1388035397 Date: 201710.2012:5 �9E04'OOAM.1388035397
Kyle Barnes
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://corpsmgpu.usace.army.mil/cm apex/Vp=136A:0.
Copy furnished:
Agent: Matt Ingalls
Hart and Hickman
Address: 2923 South Tryon Street, Suite 100
Charlotte, NC, 28203-5449
Telephone Number: [phone]

Action ID Number: SAW -2017-01454 County: Martin County
Permittee: Kelly Hoyt, Sun Energy 1
Project Name: Jamesville Road Solar, LLC/Martin
Date Verification Issued: October 20, 2017
Project Manager: Kyle Barnes
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: Kyle Barnes
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Date

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Sun Energy 1
File Number: SAW -2017-01454
Date: October 20, 2017
KeHy Hoyt
Attached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A
PROFFERED PERMIT (Standard Permit or Letter of permission) B
PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION I E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above
decision. Additional information may be found at http://www.usace.army.mil/inet/functions/cw/cecwo/reg 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 division 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:
Mr. Jason Steele, Administrative Appeal Review Officer
District Engineer, Wilmington Regulatory Division,
CESAD-PDO
Attn: Kyle Barnes
U.S. Army Corps of Engineers, South Atlantic Division
2407 West 51 Street, Washington, North Carolina
60 Forsyth Street, Room 1OM15
27889
Atlanta, Georgia 30303-8801
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity 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, Attn: Kyle Barnes, 2407 West 5" Street, Washington, North Carolina
27889
For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal
Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: [phone]