Loading...
HomeMy WebLinkAbout20171520 Ver 1_401 Application_20171127HEADWATER ENVIRONMENTAL, INC. It all starts here. 4 "1, 'k 2017 North Carolina Division of Water Resources 401 & Buffer Permitting Unit 1617 Mail Service Center Raleigh, North Carolina 27699 (Four Copies) Reference: PCN Permit Application Jordan Site Faison, Sampson County, North Carolina 2 0 HEnv Project #201716B 7 1 5 2 0 DWR Staff: On behalf of Ms. Elaine Spencer Jordan (site owner) and ESA Renewables, LLC (solar developer), we are pleased to submit this Pre -Construction Notification application form. PROJECT DETAILS The approximate 15 -acre site is located on the north side of Spencer Roadred 4,000 feet northwest of its intersection with Faison Highway in Faison, Dupliv L5 DCarolina. According to the Duplin County GIS, the parent parcel is 93.6 acres, i1309-496-0009, and it is owned by Elaine Spencer Jordan. 7 2017 The proposed use of the site is for a utility scale solar farm. The project area the subject site. The limits of the project area are depicted on site plans prepare Creed. The site reconnaissance was conducted on July 11, 2017. The weather during the reconnaissance was partly cloudy and in the 80s (degrees Fahrenheit). HEnv was not accompanied during the delineation. The parcel boundaries were not marked in the field at the time of our site visit. However, the parcel boundaries were discernable by landmark features such as tree lines, ditches, and fields. The project site is maintained agricultural land that was recently cleared at the time of the site visit. HEnv identified five jurisdictional ditches around the perimeter of the site. Jurisdictional Ditch #1 is located along the northern boundary. Jurisdictional Ditch #2 is located along the northeast boundary. Jurisdictional Ditch #2 is poorly maintained and appears to drain in opposite directions. Jurisdictional Ditch #3 is located along the southeastern boundary. Jurisdictional Ditch #4 is located along the southwestern boundary. An access road with an existing culvert is located within the eastern portion of Jurisdictional Ditch #4. Jurisdictional Ditch #5 is located along the northwestern boundary. All of the ditches ultimately drain to Clifton Branch. An ordinary highwater mark (OHWM) and obligate wetland vegetation was observed within the ditches. HEnv determined there was potential for the ditches to be deemed jurisdictional Waters of the U.S., pending verification with the USACE. HEnv did not observe additional surface waters or wetlands on the site. Wetland Determination Data Forms that support our findings are included as an attachment. Figure 5 shows the 1844 Sir Tyler Drive, Wilmington, North Carolina 28405 • T: 910-777-3908 • www.headwaterenvironmental.com PCN Submittal HEnv Project #201716 November 17, 2017 approximate locations of the ditches and data points. REGULATORY VERIFICATION On August 1, 2017, HEnv submitted a Preliminary Jurisdictional Determination request to the USACE. Ms. Emily Greer concurred with the location of the jurisdictional ditches. The jurisdictional ditches will be classified as Relatively Permanent Waters (RPWs) by the USACE. The signed JD is forthcoming. This site has been assigned Action Identification SAW -2017- 02023 by the USACE. Based on drawings titled "Exhibit 1 and Exhibit 2", prepared by McKim and Creed, dated November 16, 2017, there is a proposed road crossing over Jurisdictional Ditch #4. Based on the design and layout of the culverted road crossing, written approval from the USACE is not needed. However, approval is required by the DWR, as per page 2 of the Water Quality General Certification Number 4088. Jurisdictional Ditch #4 is approximately 8 feet wide. The proposed RPW impacts will be limited to a 15 -foot wide access road. A 48 -foot long culvert will be placed in the RPW, with an additional 15 feet of rip -rap for bank and flow stabilization. The total amount of RPW will be 0.012 acre (8 feet wide x 63 feet long). Refer to the attached documents for additional information. HEnv appreciates your assistance with this project. If you have questions or need additional information, please contact us at (910) 777-3908. Respectfully submitted, Headwater Envir I Inc. — -------- '_- C. Paul Pascarosa President Enclosure: Figures 1 to 5 Site Plans Owner Authorization Form Sampson County Tax Card PCN Application Form PNC Attachments cc: Mr. Kenny Draffen, McKim and Creed (via email) Ms. Kimberly Lewis, ReneSola (via email) Mr. Dave Click, ESA Renewables, LLC (via email) Ms. Emily Greer, U.S. Army Corps of Engineers (via email) 2 x a Be a.r PQcoszn 3. . j IBA 119 C. �,, ,�, yam. r ` . J POPJAR GROVE 1.3 Ml. 754 12'30" '55 756 /fA1SON) 757 535�t /! SW l } _ Bear Pocosin `.. 173 %' l rz 170 'Cem cnApe3'4 171 t��4 i p 71 � i.x"r • t SVA Mon42 'o Poplar Grove"• LEGEND 61 Feet Site Boundary ' -' . •� 800 1,600 3,200 HEADWATER ENVIRONMENTAL, INC. Source: FIGURE 1 1844 Sir Tyler Drive LOCATION MAP Wilmington, North Carolina USGS 7.5 -minute Topographic Quadrangle Jordan Site Faison, North Carolina (1997) Spencer Road Date: 7/2/2017 Dobbersville, North Carolina (1997) Faison, Sampson County Contour Interval = 5 Feet North Carolina �r.� HEnv Project #201716 ��Prepared by: DFH Scale 1"= 1600' Ln Pn GOA Ra Ln GoA Fo Wo WaB Fo Wo Fo Wo: Fo Fo GoA Fo Ln Fo Ln NoA Fo GoA Ra GoA WaB NoB LEGEND WaB GoA Site Boundary Fo Foreston loamy sand GoA Goldsboro loamy sand, 0 to 2 percent slopes WaB Wagram loamy sand, 0 to 6 percent slopes Feet Wo Woodington loamy sand BH 0 320 640 1,280 VV HEADWATER ENVIRONMENTAL, INC. Source: FIGURE 3 1844 Sir Tyler Drive SOIL MAP Wilmington, North Carolina Natural Resources Conservation Jordan Site Service (NRCS), Spencer Road Web Soil Survey (WSS). Faison, Sampson County Date: 7/2/2017 Accessed July 2017 North Carolina ,� Scale 1"= 500' HEnv Project#201716 Prepared by: DFH LEGEND [' SPFCIAL F11M WARD AREAS (sNiki) SMXCT L. INONDATMN OY ITIF M AW .01 (71*4Sf F"= Tsn Iv. annuY rAa-re 5w.1(IJJ ,ex PSGI. alu% ana,n x Ito Naas fl fid, k fM16.0 bar a 1'4 charce d L V Lq:u1e5 w ea ..{xr m tlnF 9r.ni }ea. It. Sy w /bop I ' Erns k Hn arca a�tdtlat to flondNy bl Nn I!a, Yuu�al c✓,var fbM. Anwa d `-Wsa� Fuai1 .Ltart nrJ06+>ww A Af. kll, AN, AP, A3Y, Y. an] VE. i1e &ee Fbat Ek.p a Lee raie utxP Mablm O<Itc. in. anaai M rce Il N. ZONE A Ih Pau IIooO C:evabon decmred. ZOME AFF— Frad Fl —"...0 zawE AN f k d 644 0f L G I hR (me41F een d Dw .): 5me t d Ck.Nn nRaae ZONE AO F'trA a XM .1 i fa) .Prq d4RM Ydte'. J fa awn d aNv+al fkv Aoalry, .e1w4n aM ZME AN=•01twl Fbad 14 Nee k.-" p lei (ron Ctie iW dnnusl eprr_- PRa1 M AI WYi !2 m. f.!1%94h dA'HfZM lnne AF tndURs Rat Me fans flood m@off sys:rn a Ixr{ Jrsef h pwr'Y_ p+'RR1kn Apn M {`rr aaa.d tkdAa Jr 9e+yN4r Il �C ZOFIE AM Nan to Et ReitRo6 !mn 21 annual that ME q a F A fA r wda!rn nT:Nf^'d' wr Mc1- av 5— fk dfknwae d1-- 20105 VE C—W fidd tone a .*Xky b—d jN oa4. Erie FFpd Ek.F — dReRi a4 O FLOODWAY AREAS IN ZONE AE 1lK. Oaoawy k eke Ranh of a NreMn PAs and tlt;itpIbnit. alels t1 W mu6 M 'A See aE t tirha'.hegd S) tlkf Ne 1'k dn4itd :Adne Ad <kl W. Idi»td v+Pau[ yk+try:al =n Ott n ELCOO AREAS ZOITE x A— d 0x1 •:W d— SWd; aem: d lb erewW manse Sax' .1, 4 -we"" M k v'. i A%x tt r.kP OhnA}? N(4:. kSi iF.Ns 1 S1+r�- rtdk; ad erm> FfafcSRd hI Ir•ee Marr i`u snood mane 5006 DINER AREAS :owes Nen eefmaacmx a.nxde uz+:. a,roa clvnanwgan. ZONED ® COASTAL BARRIER RESOURL'ES SYSTEM (CPRS) AREAS UIFERWLSE MOTE ED AREAS (OPAS) ,y CPS AM and OMs areaom* kraicd wdrm a 4"d dro SoeW FbW IARa.S Meas a�----,-•.•..,..-.._ CA— ..................... A wra.r .................... Oltt:»: MA An.fdrY eN•.)tln' 0'^%^9 SROM Ibad W:xd n•.a� ia''. d.d huN,+'. �`:s'A 'i aMAee SPHtl FY.a: 3tNd NWc N MRWe Part 4aYd EIW...u. yp d.dM o fbp+da'd+n --^^-•513 -�^.•- a+�fta.+Ow..�m...>w,i..ewr...a Tae' ICL DSII 51•d f4d Eba1.m u.d .f..f ulAkx .len a0.4 aauwa� �. leuf' • FknWMtJ IId lYaT aerta+vaetal Ivv.nd NBB na+ --, caw caianlN Sampson County Unincorporated Areas 370220 ZONE X v wv wv I,GVV HEADWATER ENVIRONMENTAL, INC. Source: FIGURE 4 1844 Sir Tyler Drive FEMA MAP Wilmington, North Carolina FEMA Jordan Site Online Flood Map Service Center Spencer Road Date: 7/1/2016 Map # 3720242800J Faison, Sampson County January 5, 2007 North Carolina HEnv Project #201716 Prepared by: DFH Scale 1"= 600' This is not a survey. All locations depicted on this figure are approximate. This Wetland Delineation was conducted by Headwater Environmental, Inc. (HEnv) on July 11, 2017. The ditch locations were recorded with the Trimble Geo7x GPS device. Ms. Emily Greer provided verification of the RPW location via email on September 25, 2017. The signed JD is pending. The USACE has assigned this project Action Identification # SAW -2017-02023 Watershed: The site drains to Clifton Branch. Clifton Branch is located within the Cape River Basin. Clifton Branch is classified as Class C, Swamp Waters. Riparian buffers are not implemented by the DWR along streams in this river basin. ♦ Ditch 1 ~ r n Ditch"Ok` , 'Ditch 5 DP2 /DiItch 4 4 e 7 Dpi f Ys� sA x,. Culvert LEGEND Site Boundary` Potential Jurisdictional Ditch (RPW) " ���et Culvert <; 0----150 300 HEADWATER ENVIRONMENTAL, INC. Source: FIGURE 5 1844 Sir Tyler Drive WETLAND DELINEATION Wilmington, North Carolina 28405 ESRI World Base Map Imagery (2013) Jordan Site Faison, North Carolina Spencer Road Date: 7/19/2017 Faison, Sampson County North Carolina Prepared by: DFH P Scale 1 300' HEnv Project#201716 oc PROPOSED 20' E LIZED/ACCESS ROAD (6" G GTE SHADED AREA) TRANSITIONS TO 4' D S BI IZ ESS ROAD / y EX OMWEAD U77UTYUNE / / i/ PROPOSED FENCE LINE EX PROPERTY BOUNDARY UNE/ O 4" PROPOSED VEGETATIVE NC�T (rrp.) I p 7 BUFFER (TYP.) C10- / 000 O X60 p (rSpFJ _—'ss�\ / / O�"00 0 0°0 0° I 000000000 �pAa<rF 00,0,0 .000 0 \ l � SILT FENCE ° oo°000000 °°°°° W 00 00 0 \� SILT FENCE / Q I �\ OUTLET DEVICE �lr 7S" APPROX. LOCATION OF PROPOSED 24" CLASS III RCP 1 (48 LF) OR OTHER NCDOT O �. P Li APPROVED MATERIAL / Eiji �� �� EX DRAWAC,E (MIN. SLOPE OF 0.5%) ass \ DI7rH IPROPOSED RIPRAP OUTLET PROTECTION v �40' 80' _1 MR[q I&CI= 8020 TOWER POINT DRIVE CHARLOTTE, NC 28277 704.841.2588 (Fax: 704.841.2567) JORDAN SOLAR FARM SPENCER ROAD (FAISON, NC) ESA MANAGEMENT SERVICES, PLLC Stanford, Florida 11 "=4'0'- (Horiz.) STREAM IMPACT AREA Project No. 7131-0003 Issued 11-16-17 EXHIBIT 1 Scale 1"= 40' SFdFFT 1 ni:7 a'AC or F- O U Z 170 170 EX. EDGE OF APPROX. GRADE OF PAVEMENT (EOP) PROPOSED ACCESS ROAD EX. GRADE —' APPROX. LOCATION OF PROPOSED 24" CLASS III RCP (48 LF) vJ10r e!_ _ J _ _ _ (MIN. SLOPE OF 0.5%) INV IN = 162.00' INV OUT = 161.76' 160 160 EX. C/L OF NCDOT ROADSIDE DI TCH 150 1 +00 SCALE: 1"=40' (HORIZ.) 40' 0 40' 80' 4' 0 4' 8' SCALE: 1"=4' (VERT.) V CKEEDRIVE EXHIBIT 2 JORDAN SOLAR FARM FAISON, NORTH CAROLINA ESA 8 O INT CHARLOTTE, NORTH CAROLINA 28277 Project No. 7131.0003 CROSS SECTION (T) 704.841.2588 (F) 704.841.2567 11-16-2017 Scale (H)1" = 40' (�1" = 4' PROPOSED ACCESS ROAD SHEET 2 OF 2 Ac)9- � s��J 0 IIIII��� ,\ \ MpM AVID xmOTMK�xA ipu +ry' \ / I _M1 / OLCIRM(M.1 -1 vel V LA L / ea "�� , Calle6�y°u iiu 'Me Ro+.,y • JORDAN SOLAR FARM _ M ESA MANAGEMENT SPENCER ROAD aSERVICES, PLLC FAISON. SAMPSON COUNTY. NC /e.``3 ."`(m.ki� a��ea rtr iw»u-aa, ' M••�•sm vm 1, �•�i v SITE PLANs ° MED M A FOR CONSiRUC710N jurisdictional Determination Request D. PROPER'T'Y OV 7NER CERTlk1C3TIO.K4 1, the undersign4 a duly authorized owner of record of the pmpcm,`proprrtics identified herein, do mdhori= representatives of the time ngton District U.S. Army Corp% of Engineers. (Corps) to enter upon the property herein described for the purpose of conducting on-site investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdictou under Section 404 of the Clean Water Act androT Section E 0 of the Rivers and Harbors Act of 19". fYInall-e- 5. ,1archn n Property Owncr (please print) 7- '1 Date Additionally. I authorize 7 Headwater Environmental. �jg�,.,�+ Inc. to serve as my agent in matters relating to wetland ..4�_ t /i`� Services ..-_.—. — Property O%Mcr S Lure F JURISDICTIONAL DETERNIJUNATIO\ TYPE Scicct one: I am requesting that the Corps provide ayrrliminsry JU fou the pro�rty identiCwd herein. This request docs include a delineation. ® 1 ant requesting that the Corps provide a prclirttin lU for the property identified herein. This request does NOT include a delineation. I am requesting that the Corps in mitigate the propcttyrprojert area for the presence or absence of WoUS' and provide an appco for the property identified herein_ This request dotes NOT include a tequest Cor a verified delineatiom I ane mqueming that the Corps delineate the boundaries of all WoUS on a propertylprojamt arca and provide an g eci l�3 (this may or may not include a sttt'vc} plat). 0 1 atn requesting that the Corps craluatc and approve a delineation of WoUS (conducted by others) on a property;protect area and provide an o. 1) (may or may not include a survey plat). ° For NC()OT requests #ottowing me current NCDOTJUSaCE prctoco�. skip to part t~ ' Waters of the tMited States Version: December 2013 pge 4 ConnectGIS Feature Report 6/22/17, 4:21 PM https://sampson.connectgis.com/DownloadFile.ashx?i=_ags_mapf10fd538c5ef42b7822480fe01912ea8x.htm&t=printid Page 1 of 2 ConnectGIS Feature Report 6/22/17, 4:21 PM PIN GEO_PIN GIS_APN 13094960009 2530806309 2530000076 CALC_ACRES STATUS CREATEDBY 91.7279685734217 Reviewed LAND TAX DEFERRED MODIFIEDBY PIN_1 OWNER ODESSEY\Ithomas2 13094960009 JORDAN, ELAINE SPENCER TTEE REVIEWSTATUS WOOD DECK ESJLVGTR ACREAGE TWP CODE APN 93.6 13 25304076 TAX CODE BKPG CONSIDERATION F17 1950/249 SHAPE_Length DATE RECORDED MAP SHEET SITE ADDRESS 7/25/2016 12:00:00 AM N 5 0 4 SPENCER RD SEG TYPE APPR SEG VALUE LAND TAX DEFERRED HOMES ITEICROPLANDIPASTUREl $10,5001$124,1791$10,8001$43,8321$ 129375 WOODLANDIWASTELND 95 USE DESC 4,5 REVIEWSTATUS WOOD DECK ASSESSED VALUE TOTAL TAX VALUE PARCEL CLASS 60031 60031 AGRICULTURE STYLE YEAR BUILT HEAT ROOF FOUNDATION BEDROOMS FULL BATH SHAPE_Length 12696.2421556744 SHAPE Area OBJECTID CREATEDDATE 3995654.32871178 10407 MODIFIEDDATE CHANGECOUNT ACTIONTAKEN 1/25/2011 9:41:04 AM 4,5 REVIEWSTATUS OWNER ADDRESS OWNER CITY Complete 1416 WHITTINGTON DR RALEIGH OWNER STATE OWNER ZIP APPRAISED NC 27614 $270 CONSTRUCTION STORY HEIGHT LIVING AREA TOTAL ROOMS HALF BATH DEED 19500249 We are continually editing our maps to improve accuracy of position and information. This information should not be relied upon by anyone as a determination ofthe location, ownership, or market value of property, Always refer to the recorded deed for all legal purposes. Use of this web site indicates your acceptance of these terms. https:/Isampson.connectgis.com/Download File.ashx?i=_ags_mapf10fd538c5ef42b7822480fe0l912ea8x.htm&t=printid Page 2 of 2 PCN Application Attachments Hair Solar Site HEnv Project #20171213 INTRODUCTION The approximate 15 -acre site is located on the north side of Spencer Road, approximately 4,000 feet northwest of its intersection with Faison Highway in Faison, Duplin County, North Carolina. According to the Duplin County GIS, the parent parcel is 93.6 acres, identified as PIN 1309-496-0009, and it is owned by Elaine Spencer Jordan. The proposed use of the site is for a utility scale solar farm. The project area is located within the agricultural fields. The limits of the project area are depicted on site plans prepared by McKim and Creed. In order to access the site, an access road is being constructed across a jurisdictional ditch, considered a relatively permanent water (RPW) by the USACE. ATTACHMENTS Section F.5: Review of endangered species and designated critical habitat HEnv conducted the field reconnaissance on July 10, 2017. Photographs of the site reconnaissance are enclosed with this report. The site is situated in a rural area of Sampson County, North Carolina. The site is flat and situated between 165 and 170 feet above mean sea level. The site drains to the south, in the direction of Clifton Branch. Soils observed at the site consist of a moderately well drained to poorly drained loam. The entire site is in an agricultural setting. There is a network of ditches around the perimeter of the site. The site was in a fallow state at the time of our assessment. A fallow agricultural field provides little ecological value for native flora and fauna. There are no structures located within the site boundary. The site is bounded on the south by Spencer Road. The remaining surrounding properties are comprised of agricultural land, rural residential dwellings, and wooded land. There are two species listed by the USFWS in Sampson County, North Carolina: E: Endangered T: Threatened Red -cockaded woodpecker (Picoides borealis) Red -cockaded woodpeckers (RCWs) are relatively small, adults are six to nine inches long. They are white and black, with a white cheek patch and black crown. Their breast and bellies are white to greyish -white. The difference between adult males and females is the presence of the red cockade at the upper portion of the head, behind the eyes (often not visible in the field). Suitable foraging habitat consists of large mature pines, little or no mid -story, and abundant herbaceous groundcover. The understory of these pine woodlands and savannahs are generally suppressed by regular fire (1 to 10 year intervals). Large old pines are required for roosting and nest cavities. Longleaf pine (Pinus palustris) is preferred, but the RCW is known to roost in most of southern pine species; loblolly (Pinus taeda), shortleaf (Pinus echinata), TAXONOMIC FEDERAL COMMON NAME SCIENTIFIC NAME GROUP STATUS Red -cockaded woodpecker Picoides borealis Bird E American alligator Alligator mississippiensis Reptile T E: Endangered T: Threatened Red -cockaded woodpecker (Picoides borealis) Red -cockaded woodpeckers (RCWs) are relatively small, adults are six to nine inches long. They are white and black, with a white cheek patch and black crown. Their breast and bellies are white to greyish -white. The difference between adult males and females is the presence of the red cockade at the upper portion of the head, behind the eyes (often not visible in the field). Suitable foraging habitat consists of large mature pines, little or no mid -story, and abundant herbaceous groundcover. The understory of these pine woodlands and savannahs are generally suppressed by regular fire (1 to 10 year intervals). Large old pines are required for roosting and nest cavities. Longleaf pine (Pinus palustris) is preferred, but the RCW is known to roost in most of southern pine species; loblolly (Pinus taeda), shortleaf (Pinus echinata), PCN Application Attachments Hair Solar Site HEnv Project #201712B slash (Pinus ellioti), pond pine (Pinus rigida), and even bald cypress (Taxodium disthicus). The average age of cavity trees ranges from 60 to 125 years for longleaf pine, 70-90 years for loblolly pine, 75-150 years for shortleaf pine, 50-130 years for pond pine, and greater than 70 years for slash pine. American alligator (Alligator mississippiensis) The American alligator is a large aquatic reptile with broadly rounded snout lacking conspicuous upward -protruding teeth. The maximum total length is about 19 feet, but alligators today are generally 13 feet. American alligators inhabit fresh and brackish marshes, ponds, lakes, rivers, swamps, bayous, canals, and large spring runs. These water bodies must have ample prey to serve as a food source. They often bask on partially submerged logs or on land next to the water. Alligators dig dens (i.e. gator holes) in river or lake margins or in marshes; they spend cold winter and drought periods in the den. Habitat Review Large mature pine woodlands with an open savannah understory are not present at the site. Therefore, suitable habitat for the RCW is not present. Sufficient open water habitat and feeding grounds required for the American alligator are not present at the site. On September 1, 2017, HEnv received a letter from Ms. Kathy Matthews the USFWS. According to the Ms. Matthews, there are no listed species or critical habitat within the site boundary. Based on the USFWS correspondence and our site reconnaissance, we determined that the proposed action will have no effect on federally listed species or habitat. Therefore, this assessment satisfies the criteria of the USFWS for species and habitat assessments. Section F.7: Review of historic or prehistoric cultural resources The site has been used for agricultural/silvicultural purposes since, at least, the 1950s. The surrounding properties have been in an agricultural setting, wooded, or occupied by a dwelling since the 1950s. The review of the online SHPO GIS (http://gis.ncdcr.gov/) did not reveal eligible or potentially eligible historic properties within the site boundaries. There are no archaeological or architecturally significant sites mapped within one-half mile of the site. On September 11, 2017, HEnv received a letter from Ms. Renee Gledhill -Early with the SHPO. Ms. Gledhill -Early indicated there are no historic resources which would be affected by the project. Additional historical assessment is not needed at this time. 2 OF W ATEA off. pG Office Use Only: i r Corps action ID no.5 W'zon o--LO-3 o Y DWQ project no. Form Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps: ❑X Section 404 Permit ❑ Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: NWP14 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? Q Yes ❑ No 1d. Type(s) of approval sought from the DWQ (check all that apply): Q 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 Q No For the record only for Corps Permit: Q 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 Q No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes 0 No 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes Q No 2. Project Information 2a. Name of project: Jordan Solar 2b. County: Sampson County 2c. Nearest municipality / town: Faison 2d. Subdivision name: rural land 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Ms. Elaine Spencer Jordan 3b. Deed Book and Page No. Deed Book 1950, Page 249 3c. Responsible Party (for LLC if applicable): n/a 3d. Street address: 1416 Whittington Drive 3e. City, state, zip: Raleigh, North Carolina 27614 3f. Telephone no.: 910-990-0502 3g. Fax no.: 3h. Email address: elaine.jordan4017@gmail.com Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ❑X Other, specify: solar developer 4b. Name: Dave Click 4c. Business name (if applicable): ESA Renewables, LLC 4d. Street address: 4155 Saint Johns Parkway, Suite 1100 4e. City, state, zip: Sanford, FL 32771 4f. Telephone no.: 407-268-6455 ext. 109 4g. Fax no.: 4h. Email address: dclick@esarenewables.com 5. Agent/Consultant Information (if applicable) 5a. Name: Paul Pascarosa 5b. Business name (if applicable): Headwater Environmental, Inc. 5c. Street address: 1844 Sir Tyler Drive 5d. City, state, zip: Wilmington, NC 28405 5e. Telephone no.: 910-777-3908 5f. Fax no.: 5g. Email address: paul@headwaterenvironmental.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 1309-496-0009 1b. Site coordinates (in decimal degrees): Latitude: 35.1216 Longitude: -78.2036 1c. Property size: 15 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: unnamed stream to Clifton Branch 2b. Water Quality Classification of nearest receiving water: Class C, Swamp Waters 2c. River basin: Cape Fear River 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 entire site is used for agricultural purposes. The site was recently harvested at the time of our site reconnaissance in July 2017. Jurisdictional ditches are located around the perimeter of the site. The ditches are considered relatively permanent waters (RPW) by the USACE. The site is situated in a rural area of Sampson County. refer to cover letter and attachments for additional details. 3b. List the total estimated acreage of all existing wetlands on the property: 0.4 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 0 3d. Explain the purpose of the proposed project: The applicant intends to develop an approximate ground mount solar farm. An access road is needed to cross Jurisdictional Ditch #4 (an RPW). 3e. Describe the overall project in detail, including the type of equipment to be used: Typical land clearing, grading, and construction methods will be used. Equipment/vehicles to be used include bull dozers, excavators, fork lifts, etc. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / roject includin all rior hases in the ast? 0 Yes ❑ No ❑ Unknown Comments: PJD request, August 2017. SAW -2017-02023 4b. If the Corps made the jurisdictional determination, what type of determination was made? E] Preliminary E] Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Paul Pascarosa Agency/Consultant Company: Headwater Environmental Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. site visit by USACE was not performed. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑Yes 0 No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes 0 No 6b. If yes, explain. Page 3 of 10 PCN Form - Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑X 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. Wetland impact number Permanent (P) or Temporary T 2b. 2c. 2d. 2e. Type of impact Type of wetland Forested Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f. Area of impact (acres) W1 P Culvert Headwater Wetland No Corps 0.012 W2 Choose one Choose one Yes/No W3 Choose one Choose one Yes/No W4 Choose one Choose one Yes/No W5 Choose one Choose one Yes/No W6 Choose one Choose one Yes/No 2g. Total Wetland Impacts: 0.012 2h. Comments: The jurisdictional ditch does not function as a stream. Impacts quantified for a "linear wetland" 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, Stream impact Type of impact Stream name Perennial (PER) or number intermittent (INT)? Permanent (P) or Temporary (T) 3e. 3f. Type of Average jurisdiction stream width (feet) 3g. Impact length (linear feet) S1 Choose one 32 Choose one S3 Choose one S4 Choose one S5 Choose one S6 Choose one 3h. Total stream and tributary impacts 3i. Comments: Page 4 of 10 PCN Form — Version 1.4 January 2009 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. Open water Name of waterbody impact number (if applicable) Type of impact Permanent (P) or Temporary T 4d. 4e. Waterbody Area of impact (acres) type 01 Choose one Choose O2 Choose one Choose 03 Choose one Choose O4 Choose one Choose 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below. 5a. 5b. 5c. Pond ID number Proposed use or Wetland Impacts (acres) purpose of pond Flooded Filled Excavated 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated P1 Choose one P2 Choose one 5f. Total: 5g. Comments: 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: 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. Project is in which protected basin? ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. 6c. Buffer Impact Reason for impact number— Permanent (P) or Temporary 6d. Stream name 6e. 6f. Buffer Zone 1 mitigation impact required? (square feet) 6g. Zone 2 impact (square feet 1311 YesMo B2 Yes/No B3 Yes/No B4 Yes/No B5 Yes/No B6 Yes/No 6h. Total Buffer Impacts: 6i. Comments: Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The perimeter of the site is surrounding by ditches. The only way to access the interior of the site was to install a cuiverted road crossing. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. The length of culverted stream Impacts will not exceed the access road footprint. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ❑ YesX❑ No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank El Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: n/a 3b. Credits Purchased (attach receipt and letter) Type: Choose one Type: Choose one Type: Choose one Quantity: Quantity: 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: Choose one 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. Page 6 of 10 PCN Form —Version 1.4 January 2009 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 ❑ Yes ❑ No buffer mitigation? 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. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 7 of 10 V E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ❑X No within one of the NC Riparian Buffer Protection Rules? 1b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 3 2b. Does this project require a Stormwater Management Plan? ❑ Yes Z No 2c. If this project DOES NOT require a Stormwater Management Pian, explain why: This project qualifies as low-density development. It is below the impervious surface threshold for a Stormwater Management Plan. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: 2e. Who will be responsible for the review of the Stormwater Management Plan? McKim and Creed developed the site plans 3. Certified Local Government Stormwater Review 3a. In which localgovernment's jurisdiction is thisproject? Sampson County ❑ Phase II ❑ NSW 3b. Which of the following locally -implemented stormwater management programs ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑X Other. n/a 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 ❑X Other: n/a 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑X 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 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) la. Does the project involve an expenditure of public (federal/state/local) funds or the 0 Yes nXX No use of public (federal/state) land? 1b. 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 letter.) ❑ Yes ❑ No Comments: 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 ❑X No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. is this an after -the -fact permit application? ❑X Yes 0 No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): The contractor assumed the Jurisdictional Ditch #4 was simply a roadside ditch, and permitting would not be required. Due to the presence of an ordinary highwater mark, obligate wetland vegetation, the ditch is considered to be a relatively permanent water (RPW). Based on our correspondence with the USACE, this site qualifies as a non -reporting Nationwide Permit #14. However, DWR requires notification. Therefore, we are submitting this PCN application for your records 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in El Yes ZX 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. 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. n/a Page 9 of 10 PCN Form — Version 1.4 January 2009 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 ❑X No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act Yes ❑ No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Biological Assessment completed on September 29, 2017. see attachment 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑Yes ❑X No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? 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 ❑X 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 concurrence letter received on September 11, 2017; and a review of historic resources was completed on September 29, 2017. see attchd. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain? ❑ Yes ❑ No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? FEMA Panel #3720242800J C. Paul Pascarosa 11/17/2017 Applicant/Agent's Printed Name Date Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant isprovided.) Page 10 of 10 PCN Application Attachments Hair Solar Site HEnv Project #20171213 INTRODUCTION The approximate 15 -acre site is located on the north side of Spencer Road, approximately 4,000 feet northwest of its intersection with Faison Highway in Faison, Duplin County, North Carolina. According to the Duplin County GIS, the parent parcel is 93.6 acres, identified as PIN 1309-496-0009, and it is owned by Elaine Spencer Jordan. The proposed use of the site is for a utility scale solar farm. The project area is located within the agricultural fields. The limits of the project area are depicted on site plans prepared by McKim and Creed. In order to access the site, an access road is being constructed across a jurisdictional ditch, considered a relatively permanent water (RPW) by the USACE. ATTACHMENTS Section F.5: Review of endangered species and designated critical habitat HEnv conducted the field reconnaissance on July 10, 2017. Photographs of the site reconnaissance are enclosed with this report. The site is situated in a rural area of Sampson County, North Carolina. The site is flat and situated between 165 and 170 feet above mean sea level. The site drains to the south, in the direction of Clifton Branch. Soils observed at the site consist of a moderately well drained to poorly drained loam. The entire site is in an agricultural setting. There is a network of ditches around the perimeter of the site. The site was in a fallow state at the time of our assessment. A fallow agricultural field provides little ecological value for native flora and fauna. There are no structures located within the site boundary. The site is bounded on the south by Spencer Road. The remaining surrounding properties are comprised of agricultural land, rural residential dwellings, and wooded land. There are two species listed by the USFWS in Sampson County, North Carolina: COMMON NAME SCIENTIFIC NAME TAXONOMIC FEDERAL GROUP STATUS Red -cockaded woodpecker Picoides borealis Bird E American alligator Alligator mississippiensis Reptile T E: Endangered T: Threatened Red -cockaded woodpecker (Picoides borealis) Red -cockaded woodpeckers (RCWs) are relatively small, adults are six to nine inches long. They are white and black, with a white cheek patch and black crown. Their breast and bellies are white to greyish -white. The difference between adult males and females is the presence of the red cockade at the upper portion of the head, behind the eyes (often not visible in the field). Suitable foraging habitat consists of large mature pines, little or no mid -story, and abundant herbaceous groundcover. The understory of these pine woodlands and savannahs are generally suppressed by regular fire (1 to 10 year intervals). Large old pines are required for roosting and nest cavities. Longleaf pine (Pinus palustris) is preferred, but the RCW is known to roost in most of southern pine species; loblolly (Pinus taeda), shortleaf (Pinus echinata), PCN Application Attachments Hair Solar Site HEnv Project #201712B slash (Pinus ellioti), pond pine (Pinus rigida), and even bald cypress (Taxodium disthicus). The average age of cavity trees ranges from 60 to 125 years for longleaf pine, 70-90 years for loblolly pine, 75-150 years for shortleaf pine, 50-130 years for pond pine, and greater than 70 years for slash pine. American alligator (Alligator mississippiensis) The American alligator is a large aquatic reptile with broadly rounded snout lacking conspicuous upward -protruding teeth. The maximum total length is about 19 feet, but alligators today are generally 13 feet. American alligators inhabit fresh and brackish marshes, ponds, lakes, rivers, swamps, bayous, canals, and large spring runs. These water bodies must have ample prey to serve as a food source. They often bask on partially submerged logs or on land next to the water. Alligators dig dens (i.e. gator holes) in river or lake margins or in marshes; they spend cold winter and drought periods in the den. Habitat Review Large mature pine woodlands with an open savannah understory are not present at the site. Therefore, suitable habitat for the RCW is not present. Sufficient open water habitat and feeding grounds required for the American alligator are not present at the site. On September 1, 2017, HEnv received a letter from Ms. Kathy Matthews the USFWS. According to the Ms. Matthews, there are no listed species or critical habitat within the site boundary. Based on the USFWS correspondence and our site reconnaissance, we determined that the proposed action will have no effect on federally listed species or habitat. Therefore, this assessment satisfies the criteria of the USFWS for species and habitat assessments. Section F.7: Review of historic or prehistoric cultural resources The site has been used for agricultural/silvicultural purposes since, at least, the 1950s. The surrounding properties have been in an agricultural setting, wooded, or occupied by a dwelling since the 1950s. The review of the online SHPO GIS (http://gis.ncdcr.gov/) did not reveal eligible or potentially eligible historic properties within the site boundaries. There are no archaeological or architecturally significant sites mapped within one-half mile of the site. On September 11, 2017, HEnv received a letter from Ms. Renee Gledhill -Early with the SHPO. Ms. Gledhill -Early indicated there are no historic resources which would be affected by the project. Additional historical assessment is not needed at this time. 2