20171301 Ver 1_More Info Received_20171113

Goss, Stephanie
From:
Williams, Andrew E CIV USARMY CESAW (US) <[e-mail]>
Sent:
Friday, October 20, 2017 12:00 PM
To:
Brad Luckey
Cc:
Goss, Stephanie; Williams, Andrew E CIV USARMY CESAW (US)
Subject:
[External] USACE Action ID SAW -2016-00609 Fox Creek Solar PCN -Franklin County
INCOMPLETE NOTIFICATION (UNCLASSIFIED)
Attachments:
Fox Creek_PCN Signed BSL_10.10.17.pdf
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
verify that the attachment and content are safe. Send all suspicious email as an attachment to [e-mail].
CLASSIFICATION: UNCLASSIFIED
Brad:
The attached PCN for the Fox Creek Solar Farm (SAW -2016-00609) is incomplete.
The Nationwide Permit (NWP) condition 32(b)(4) (Contents of Pre -Construction Notification) states: The description of
the proposed activity and any proposed mitigation measures should be sufficiently detailed to allow the district engineer
to determine that the adverse environmental effects of the activity will be no more than minimal and to determine the
need for compensatory mitigation or other mitigation measures.
Additionally, NWP condition 23(i) (Mitigation) states: Where certain functions and services of waters of the United
States are permanently adversely affected by a regulated activity, such as discharges of dredged or fill material into
waters of the United States that will convert a forested or scrub -shrub wetland to a herbaceous wetland in a
permanently maintained utility line right-of-way, mitigation may be required to reduce the adverse environmental
effects of the activity to the no more than minimal level.
In order for use to continue evaluating the proposed project, please provide the following information:
1. The application indicates that bottomless arch culverts will be used for the two (2) proposed crossings. The attached
plans (EX -2) shows a cross section for both a prefabricated bridge and a bottomless arch culvert. Please specify the type
of structure at each crossing with updated plans/description.
2. Usually, bottomless arch culverts will permanently adversely affect stream channels within the footprint of the
culvert. In many cases, the stream banks under the culverts will erode after culvert installation. As such, you should:
a. indicate any plans to protect the stream banks under the bottomless arch culvert(s) or discuss project specific factors
that would cause bank protection to be unnecessary.
b. provide compensatory mitigation for the length of stream channel that will be located within the footprint of the
proposed bottomless arch culverts. Since the bottomless arch culvert may result in a permanently adverse effect, but
not a loss of waters, a 1:1 ratio would be acceptable. If you suspect that less compensatory mitigation would suffice,
please provide North.Carolina Stream Assessment Method (NCSAM) forms for those specific tributary reaches that will
be impacted.
c. if you chose not to utilize bottomless arch culverts, please provide updated plans/description.

If there will be additional impacts for stream bank protection within the footprint of the bottomless arch culverts, we
will coordinate with the US Fish and Wildlife Service regarding potential impacts to any Federally threatened and
endangered species.
Please provide the requested information within 30 days, or your application will be withdrawn. Feel free to contact me
with any questions or concerns.
Andrew Williams
Regulatory Project Manager
US Army Corps of Engineers
Wilmington District, Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
919-554-4884 ext. 26
CLASSIFICATION: UNCLASSIFIED

Goss, Stephanie
From: Brad Luckey <[e-mail]>
Sent: Monday, November 13, 2017 7:03 PM
To: Williams, Andrew E CIV USARMY CESAW (US)
Cc: Goss, Stephanie
Subject: [External] RE: USACE Action ID SAW -2016-00609 Fox Creek Solar PCN -Franklin County
INCOMPLETE NOTIFICATION (UNCLASSIFIED)
Attachments: Combined,Impact Exhbits_BSL_11,13.17.pdf; Mitigation Email -Tar River Headwaters
Bank.pdf; PCN_Stream Impact Sheet.pdf,
CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an
attachment to [e-mail].
Andy,
On behalf of the applicant, Fox Creek Farm Solar, LLC, please see attachments and responses below [RE: Applicant].
Please let me know if you require additional information to complete the NWP verification. Thanks.
Sincerely,
Bradley S. Luckey, PWS
336.708.4997 (c)
336.310.4527 (o)
PO Box 128
Kernersville, NC 27285
www.pilotenviro.com
[e-mail]
-----Original Message -----
From: Williams, Andrew E CIV USARMY CESAW (US) [mailto:[e-mail]]
Sent: Friday, October 20, 2017 12:00 PM
To: Brad Luckey <[e-mail]>
Cc: [e-mail]; Williams, Andrew E CIV USARMY CESAW (US) <[e-mail]>
Subject: USACE Action ID SAW -2016-00609 Fox Creek Solar PCN -Franklin County INCOMPLETE NOTIFICATION
(UNCLASSIFIED)
CLASSIFICATION: UNCLASSIFIED
Brad:
The attached PCN for the Fox Creek Solar Farm (SAW -2016-00609) is incomplete.
The Nationwide Permit (NWP) condition 32(b)(4) (Contents of Pre -Construction Notification) states: The description of
the proposed activity and any proposed mitigation measures should be sufficiently detailed to allow the district engineer
to determine that the adverse environmental effects of the activity will be no more than minimal and to determine the
need for compensatory mitigation or other mitigation measures.
Additionally, NWP condition 23(i) (Mitigation) states: Where certain functions and services of waters of the United
States are permanently adversely affected by a regulated activity, such as discharges of dredged or fill material into

waters of the United States that will convert a forested or scrub -shrub wetland to a herbaceous wetland in a
permanently maintained utility line right-of-way, mitigation may be required to reduce the adverse environmental
effects of the activity to the no more than minimal.level.
In order for use to continue evaluating the proposed project, please provide the following information:
1. The application indicates that bottomless arch culverts will be used for the two (2) proposed crossings. The attached
plans (EX -2) shows a cross section for both a prefabricated bridge and a bottomless arch culvert. Please specify the type
of structure at each crossing with updated plans/description. [RE: Applicant] A bridge span will be used to cross Fox
'Creek at Crossing Location 1. A bottomless arch culvert will be used to cross the LINT to Fox Creek on northern portion
of site (Crossing 2). A copy of updated plans are included as an attachment.
2. Usually, bottomless arch culverts will permanently adversely affect stream channels within the footprint of the
culvert. In many cases, the stream banks under the culverts will erode after culvert installation. As such, you should:
a. indicate any plans to protect the stream banks under the bottomless arch culvert(s) or discuss project specific factors
that would cause bank protection to be unnecessary. [RE: Applicant] The applicant has redesigned the bottomless arch
crossing at Crossing Location 2 to include rip -rap bank stabilization/protection. The bank stabilization will be 30' in
length on either side of the stream for a cumulative total of 60 linear feet of bank stabilization. The bank stabilization
has been designed to not exceed the average of one cubic yard per running foot below the plane of the OHWM. Please
find the attached updated PCN form that includes impacts associated with bank stabilization.
b. provide compensatory mitigation for the length of stream channel that will be located within the footprint of the
proposed bottomless arch culverts. Since the bottomless arch culvert may result in a permanently adverse effect, but
not a loss of waters, a 1:1 ratio would be acceptable. If you suspect that less compensatory mitigation would suffice,
please provide North Carolina Stream Assessment Method (NCSAM) forms for those specific tributary reaches that will
be impacted. [RE: Applicant] The applicant proposes to mitigate for 30 linear feet of stream channel beneath the
bottom less arch culvert at Crossing 2 at a 1:1 mitigation ratio. The applicant will satisfy mitigation requirements for
stream credits from the Tar River Headwaters mitigation bank. Please find attached email from Tar River Headwaters
Mitigation Bank. The applicant does not propose mitigation for the bridge span at Crossing Location 1.
c. if you chose not to utilize bottomless arch culverts, please provide updated plans/description. [RE: Applicant] As noted
above, the applicant will utilize a bottomless arch crossing at Crossing Location 2.
If there will be additional impacts for stream bank protection within the footprint of the bottomless arch culverts, we
will coordinate with the US Fish and Wildlife Service regarding potential impacts to any Federally threatened and
endangered species.
Please provide the requested information within 30 days, or your application will be withdrawn. Feel free to contact me
with any questions or concerns.
Andrew Williams
Regulatory Project Manager
US Army Corps of Engineers
Wilmington District, Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
919-554-4884 ext. 26
CLASSIFICATION: UNCLASSIFIED

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55

Brad Luckey
From: Daniel <Daniel@mogmitcom>
Sent: Thursday, October 26, 2017 11:51 AM
To: Brad Luckey
Cc: Rich Mogensen
Subject: RE: Mitigation Request -Stream Credit- HUC 03020101
Bradley,
As Rich mentioned, we do have stream credits available and our current pricing matches the NC DEC, which is $395 per linear foot (see link below). The Corps
agent who is processing your permit should supply you with a Mitigation Transfer Form along with your approved permit. Please send us this form once it is
received, and we will process the sale of stream credits accordingly.
If you have any questions, please feel free to tall me at [phone].
Daniel
https•//deg,nc gov/about/divisions/mitigation-services/dms-customers/fee-schedules
From: Rich Mogensen
Sent: Wednesday, October 25, 2017 9:07 AM
To: Brad Luckey <[e-mail]>; Daniel <[e-mail]>
Subject: Re: Mitigation Request - Stream Credit - HUC 03020101
Yes we have stream credits and buffer and nutrient offsets. Steam credits for 2017 are. priced the same as DMS ($394). May go up in 2018. 1 will have Daniel
contact you for details. I'm on the road today. RichMogensen
Sentfrom my Fhone
On Oct 25, 2017, at 8:05 AM, Brad Luckey <bluckeL@_p lotenviro.com> wrote:
Rich,

Do you have stream credits available in below? It's less than 300'feet needed, but I don't have an exact numberyet. If so, let me know a cost
please.
t
Norte Ter MNer Headwaters
County; Person
N � Credit types: ripaNan buffer, nuWtntoftset, warm stream
Sincerely,
Bradley S. Luckey, PWS
336.708.4997 (c)
336.310.4527 (o)
PO Box 128
Kernersville, NC 27285
wwwbilotenviro.aom
[e-mail]
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Bich Magenaert
P.C. Cox M29
Charlotte, NC MV
ofe; j356) 554.2728
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all I -3a 1
(C.C61 11 131 11
C. Proposed Impacts Inventory
1. Impacts Summary
1a. Which sections were completed below for your project (check all that apply):
N Wetlands N 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 N P ❑ T
Fill
Bottomland
N Yes
N Corps
0.19
Hardwoods
El No
E] DWQ
W2 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W3 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W4 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W5 ❑ P ❑ T
-
❑ Yes
❑ Corps
❑ No
❑ DWQ
W6 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
2g. Total wetland impacts
0.19
2h. Comments: Crossing 1 will permanently impact 0.19 acres of wetlands with fill. Temporary, impacts to wetlands are not
proposed. Mitigation for wetland impacts is proposed.
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
3b.
3c.
3d.
3e.
3f.
3g.
Stream impact
Type of impact
Stream name
Perennial
Type of jurisdiction
Average
Impact
number-
(PER) or
(Corps - 404, 10
stream
length
Permanent (P) or
intermittent
DWQ - non -404,
width
(linear
Temporary (T)
(INT)?
other)
(feet)
feet)
S1 N P ❑ T
Bank Stablization
Unnamed,
N PER
❑ INT
N Corps
El DWQ
q
60
S2 ❑ P ❑ T
❑ PER
El Corps
❑ INT
❑ DWQ
S3 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S4 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S5 ❑ P F-1 T
❑ PER
El Corps
❑ INT
❑ DWQ
S6 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
3h. Total stream and tributary impacts
3i. Comments: Crossing location 2 will permanently impact 60 linear feet of stream channel by stream bank stabiziation. The
stablziation measures will ensure stablitity of the proposed bottom less arch culvert. Rip-rap/stone will be placed to not
exceed an average of one cubic yard per running foot below the place of the OHWM.
Page 5 of 11
PCN Form - Version 1.3 December 10, 2008 Version