20090610 Ver 1_401 Application_20090509

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Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.0 November 2008
Pre-Construction Notification (PCN) Form
A.
AT- t1k It 7?
Applicant Information
1. Processing.
1 a. Type(s) of approval sought from the
Corps:
®Section 404 Permit ? Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 39 or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps? ? Yes ® No
1 d. Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification - Regular ® Non-404 Jurisdictional General Permit
? 401 Water Quality Certification - Express ? Riparian Buffer Authorization
1 e. Is this notification solely for the record
because written approval is not required? For the record only for DWQ 401
Certification:
? Yes ® No For the record 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
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No
2. Project Information
2a. Name of project: Hertford Renewable Energy, LLC 50-MW Biomass Power Plant
2b. County: Hertford
2c. Nearest municipality / town: Millenium
2d. Subdivision name: N/A - 6-J W W 4 =
2e. NCDOT only, T.I.P. or state
project no: N/A MAY 2 S 2009
3. Owner Information DENR-WATER QUALITY
ANDS AND SMRkWXMR BRAMM
3a. Name on Recorded Deed: ELE, Inc.
3b. Deed Book and Page No. Book 424 Page 40
3c. Responsible Party (for LLC if
applicable):
3d. Street address: P.O. Box 429
3e. City, state, zip: Winton, NC 27986
3f. Telephone no.: 252-358-7801
3g. Fax no.:
3h. Email address:
Page 1 of 12
PCN Form - Version 1.0 November 2008 Version
Section A. Applicant Information, continued
4. Applicant Information (if different from owner)
4a. Applicant is: ? Agent ® Other, specify: Proposed developer
4b. Name: Marvin Burchfield
4c. Business name
(if applicable):
Decker Energy
4d. Street address: 152 Lincoln Avenue
4e. City, state, zip: Winter Park, Florida 32789
4f. Telephone no.: 407-628-8900
4g. Fax no.: 407-628-8535
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name: Jeff Harbour, PWS
5b. Business name
(if applicable):
Environmental Services, Inc.
5c. Street address: 524 S. New Hope Road
5d. City, state, zip: Raleigh, NC 27591
5e. Telephone no.: 919-212-1760
5f. Fax no.: 919-212-1707
5g. Email address: [e-mail]
Page 2 of 12
PCN Form - November 2008 Version
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): 5961-84-9065
1 b. Site coordinates (in decimal degrees): 36.2464'N - 77.0713`W
1 c. Property size: 89.7 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to Turkey Creek
proposed project:
2b. Water Quality Classification of nearest receiving water: Class C; NSW
2c. River basin: Chowan
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:
Existing site condition includes agriculture fields, hardwood and pine forest, and some pasture land. Several farm buildings
and silos are also on the site.
Land use in the vicinity of the project study area is primarily rural and agricultural. Ms. Josephine Green, with the Hertford
County Planning and Zoning Department indicated on January 29, 2008 that the property is zoned as IH, which indicated
that it is designated for Heavy Industrial.
3b. List the total estimated acreage of all existing wetlands on the property:
+/-25
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
+/-100
3d. Explain the purpose of the proposed project:
The purpose of the impacts described herein is to construct a renewable energy electric generating facility including
interior roads. This will entail both temporary and permanent impacts to jurisdictional ditches (linear wetlands) as well as
to a jurisisdictional surface water, and small segment of stream channel. An isolated surface water (excavated pond) will
also be impacted. This pond was determined to be not subject to Section 404 jurisdiction during the onsite review with
USACE.
3e. Describe the overall project in detail, including the type of equipment to be used:
Hertford Renewable Energy, LLC (HRE) proposes the construction of a 50 mega watt (MW) biomass power plant
expected to be in service in 2011. HIRE is proposing this renewable energy power plant pursuant to North Carolina's
Renewable Portfolio Standard, which was put in place by North Carolina Session Law 2007-397 (NC 397). The power
plant will burn forestry projects including mill stream waste such as chips and other undesirable biomass resulting from
forestry activities. HRE has requested financial assistance from the Rural Utilities Service (RUS), a federal agency that
administers USDA's Rural Development Utilities Program. As a result, RUS is required to comply with all applicable
NEPA regulations, and they have drafted an Environmental Assessment for this project (provided on CD). Construction
of the project will utilize typical equipment such as graders, dozers, excavators, dump trucks, etc.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property / ® Yes ? No ? Unknown
project (including all prior phases) in the past?
4b. If the Corps made the jurisdictional determination, what type
®Preliminary ? Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: ESI
Name (if known): Jeff Harbour Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
USACE AID # SAW-2008-01926 issued June 19, 2008 by Josh Pellitier.
Page 3 of 12
PCN Form - Version 1.0 November 2008 Version
B. Project Information and Prior Project History
5. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past? ? Yes ® No ? Unknown
5b. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a. Is this a phased project? ? Yes ® No
6b. If yes, explain.
Page 4 of 12
PCN Form - November 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
1a. 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 Type of wetland Forested (Corps - 404, Area of impact (acres)
Permanent (P) or impact (if known) DWQ - non404, other)
Temporary T
W1 ®P ? T culvert ditch-emergent ? Yes ® No ® Corps
® DWQ 0.0183
W2 ®P ? T culvert ditch-emergent ? Yes ® No ® Corps
® DWQ 0.0201
W3 ? P ®T fill ditch-emergent ? Yes ® No ® Corps
® DWQ 0.0878
W4 ®P ? T culvert ditch-emergent ? Yes ® No ® Corps
® DWQ 0.0228
W5 ?P?T
? Yes ? No ?Corps
? DWQ
W6 ? P ? T
? Yes ? No ? Corps
? DWQ
2g. Total wetland impacts 0.149
2h. Comments: W3 impact is temporary and is the result of relocating a section of the ditch
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.
Stream impact Type of Stream name Perennial (PER) or Average stream width (feet) Impact
number - impact intermittent (INT)? length
Permanent (P) or (linear feet)
Temporary (T)

S1 ® P ? T culvert;
dissipator UT to Turkey
? PER ® INT
7
40
pad Creek
S2 ? P ? T ? PER ? INT
S3 ? P ? T ? PER ? INT
S4 ?P?T ?PER ?INT
S5 ? P ? T ? PER ? INT
S6 ?P?T ?PER ?INT
3g. Total stream and tributary impacts 40
3h. Comments:
Page 5 of 12
PCN Form - Version 1.0 November 2008 Version
C. Proposed Impacts Inventory, continued
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
impact number waterbody Type of impact Waterbody type Area of impact (acres)
- Permanent (if
(P) or applicable)
Temporary T
01 ® P ? T NA fill excavated pond 0.088
02 ®P ? T NA fill excavated pond 0.132
03 ?P?T
04 ?P?T
4f. Total open water impacts 0.22
4g. Comments: 01 impact is to a pond determined to be isolated from other Waters of the US by USACE
Page 6 of 12
PCN Form - November 2008 Version
C. Proposed Impacts Inventory, continued
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 (acres)
number purpose of pond
Flooded Filled Excavated Flooded Filled Excavated Flooded
P1 stormwater 0 0 0 0 0 0 0.76
P2
5f. Total 0 0 0 0 0 0 0.76
5g. Comments:
5h. Is a dam high hazard permit required?
? Yes ®No If yes, permit ID no:
5i. Expected pond surface area (acres): 0.76
5j. Size of pond watershed (acres): 10.3
5k. Method of construction: excavation
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 ? Tar-Pamlico ? Other:
Project is in which protected basin? ? Catawba ? Randleman
6b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number - Reason Buffer Zone 1 impact (square Zone 2 impact
Permanent (P) for impact Stream name mitigation feet) (square feet)
or Temporary required?
T
131 ?P?T ?Yes ?No
B2 ?P?T ?Yes ?No
B3 ? P ? T ? Yes ? No
6h. Total buffer impacts
6i. Comments:
Page 7 of 12
PCN Form - November 2008 Version
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 applicant has redesigned the site to minimize jurisdictional impacts to wetlands and streams. One jurisdictional ditch
is being relocated to avoid permanent impacts. Culverts are being used at the road crossings to maintain flow and
aquatic function.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
BMPs will be strickly employed during all phases of site construction to avoid degraing downstream waters of the US. An
approced Sediment & Erosion Control Plan will also be obtained as well as the proper stormwater plan and NPDES
permit.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State? ? Yes ® No
2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps

2c.
If yes, which mitigation option will be used for this
project? ? Mitigation bank
? Payment to in-lieu fee program
? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter) Type Quantity
3c. Comments:
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ? Yes
4b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream temperature: warm, cool, cold
4d. Buffer mitigation requested (DWQ only): square feet
4e. Riparian wetland mitigation requested: acres
4f. Non-riparian wetland mitigation requested: acres
4g. Coastal (tidal) wetland mitigation requested: acres
4h.. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
The forested wetlands occuring on the site will remain undisturbed
Page 8 of 12
PCN Form - Version 1.0 November 2008 Version
D. Impact Justification and Mitigation, continued
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 Reason for impact Total impact
(square feet) Multiplier Required mitigation
(square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
Total buffer mitigation required:
6c. 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).
6d. Comments:
Page 9 of 12
PCN Form - November 2008 Version
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 ® No
within one of the NC Riparian Buffer Protection Rules?
1b. If yes, then is a diffuse flow plan included? ? Yes ? No
2. Determination if the Project Requires a Stormwater Management Plan
2a. Does the project require a Non-404 Jurisdictional General Permit? ® Yes ? No
2b. Is the project subject to General Certification 3704 or 3705? ® Yes ? No
3. Determination of Stormwater Review Jurisdiction
3a. Is this project subject to any of the following state-implemented stormwater ® Coastal counties
management programs (check all that apply)? ? HQW
E] ORW
If so, attach one copy of the approval letter from the DWQ and one copy of the ? Session Law 2006-246
approved stormwater management plan. ? Other:
3b. In which local government's jurisdiction is this project? Hertford County
3c. Is this local government certified to implement a state stormwater program? ? Yes ® No
If so, attach one copy of the approval letter from the local government and one copy
of the approved stormwater management plan (or one copy of the approved
Stormwater management plan stamped as approved).
4. Information Required for DWQ 401 Unit Stormwater Review
4a. What is the overall percent imperviousness according to the most current site plan? 22.6%
4b. Does this project contain any areas that meet the criteria for "high density" per ? Yes ? No
General Certifications 3704 and 3705?
4c. If the site is over 24% impervious and/or contains high density areas, then provide a brief narrative description of the
stormwater management plan.
Bartlett Engineering has submitted the Stormwater Plan to the Washington DWQ office for review/approval.
4d. Has a completed BMP Supplement Form with all required items been submitted ® Yes ? No
for each stormwater BMP?
Page 10 of 12
PCN Form - Version 1.0 November 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?
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: USDA-Rural Utilities Service is the lead federal agency and the
applicant has prepared an EA for USDA-RUS.
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 ac cordance 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.
Sewer will be treated either by onsite septic tank or it will be piped back to Millennium for treatment.
Page 11 of 12
PCN Form - Version 1.0 November 2008 Version
F. Supplementary Information, continued
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 concurrence letter and NCNHP element occurrence database
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?
EFH Waterbody Index database
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 and Office of State Archaeology
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? www.NCFloodmaps.com

Marvin Burchfield
z // Z71"y
X,4 Zt3
Applicant/Agent's Printed Name Applican gent's Si ature
(Agent's signature is valid only if an authorization letter from the applicant Date
is provided.)
Page 12 of 12
PCN Form - November 2008 Version
Hertford Renewable Energy, LLC
50MW Biomass Power Plant
Hertford County, NC
Supporting Information for the PCN Application (May 2009)
Purpose and Need
Hertford Renewable Energy, LLC (HRE) proposes the construction of a 50 mega watt (MW) biomass
power plant expected to be in service in 2011. HRE is proposing this renewable energy power plant
pursuant to North Carolina's Renewable Portfolio Standard, which was put in place by North
Carolina Session Law 2007-397 (NC 397). The power plant will burn forestry projects including mill
stream waste such as chips and other undesirable biomass resulting from forestry activities.
Project Location
The approximately 89.7-acre project study area is located east of the community of Millennium in
Hertford County, North Carolina. Specifically, the project study area is located on the east side of Joe
Holloman Road approximately 0.5 mile south of NC I I/NC 42 (Figure 1). The property includes
pine/hardwood forest, agriculture fields, a power line easement, and several agricultural structures
(i.e., buildings, silos, etc).
Soils
The Soil Survey of Hertford County, North Carolina prepared by the Natural Resource Conservation
Service (NRCS) was reviewed to determine soil mapping units that may occur onsite. Four soil
mapping units are mapped as possibly occurring onsite. One of these soils, Leaf loam, is considered
to be a hydric soil. Another soil mapping unit, Lenoir loam, is a non-hydric soil that can have hydric
inclusions. The remaining two mapping units (Craven fine sandy loam and Exum very fine sandy
loam) are non-hydric.
Vegetative Communities
Distribution and composition of plant communities throughout the project study area reflect
landscape-level variations in topography, soils, hydrology, and past or present land use practices.
Logging, farming, selective cutting, and natural succession have resulted in the present vegetative
patterns. Two plant communities were identified within the project study area. Agricultural land
covers approximately two-thirds of the project study area. The primary crop noted within the
project study area at the time of the delineation was cotton (Gossypium sp.). Past crops may have
included corn or grain as evidenced by the old silos onsite. Mixed pine/hardwood forest covers
approximately one-third of the project study area. This community is characterized by the co-
dominance of pines and hardwoods in the canopy. Dominant species include loblolly pine (Pinus
taeda), water oak (Quercus nigra), sweetgum (Ligui(lantbar styraciflua), red maple (Ater
rubrum), laurel oak (Q. latirifolia), and American holly (Ilex opaca). Plant communities within
the project study area have been subjected to varying amounts of anthropogenic disturbance. The
proposed project appears that it will impact primarily agricultural land that has been used for crop
production.
Water Resources
Water draining from the project study area is part of an unnamed tributary that flows into Turkey
Creek approximately 0.5 mile downstream of the project study area. Turkey Creek has a Best Usage
Location of Future Herford Renewable Energy Project Site t?Em?
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Project Boundary*
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(1973) and Aulander (1972), Quadrangles. NC,
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Classification of Class C; NSW from its source to Ahoskie Creek. Pursuant to North Carolina
Administrative Code 15A NCAC 02B .0211, Class C waters are suitable for aquatic life propagation,
wildlife, secondary recreation, agriculture and any other usage except for primary recreation or as a
source of water supply for drinking, culinary or food processing services. 15A NCAC 02B .0211 also
states that any sources of water pollution which preclude any of these Class C uses on either a short-
term or long-term basis shall be considered a violation of state water quality standards. Stormwater
discharges to Class C waters must comply with the water quality standards provided in 15A NCAC
0213.0211 (3). The NSW designation shown above indicates Nutrient Sensitive Waters, which
indicates that the waters are subject to excessive growth of microscopic or macroscopic vegetation.
15A NCAC 02B .0223 defines nutrients as phosphorus or nitrogen or any other chemical parameter
or combination of parameters that can contribute to excessive growth of microscopic or macroscopic
vegetation. In addition to the Class C water quality standards described above, the NSW designation
calls for limitations on nutrient input.
Jurisdictional Wetland & Stream Evaluation
Section 404 of the Clean Water Act (CWA) requires regulation of discharges into "Waters of the
United States." The USACE regulatory program is defined in 33 CFR 320-330. Water bodies such
as rivers, lakes, and streams are subject to jurisdictional consideration under Section 404. According
to the 1987 USACE Wetland Delineation Manual, areas must exhibit three distinct characteristics to
be considered jurisdictional wetlands: 1) a prevalence of hydrophytic (water tolerant) vegetation, 2)
hydric soils, and 3) evidence of wetland hydrology within 12 inches of the ground surface. Other
Waters of the U.S must contain significant evidence of an Ordinary High Water Mark (OHWM) as
well as other physical and biological indicators.
The delineation effort was conducted on March 11, 2008 by ESI biologists Jeff Harbour and
Christopher Mahan. Jurisdictional features are present within the project study area (Figure 2). The
wetland delineation was reviewed and approved by Josh Pelletier of USACE on 29 April 2008
(AID#SAW-2008-01926 issued June 19, 2008). The results can be summarized by the following: A
forested wetland area is located in the southeast portion of the site. Several ditches exist onsite; two
of which meet the criteria to be considered jurisdictional linear wetlands. One of these ditches does
begin to exhibit intermittent stream characteristics as it exits the site along the northeast boundary.
The remaining ditches are non jurisdictional. Figure 2 depicts the jurisdictional features as surveyed
by Bartlett Engineering & Surveying, PC. All of the ditches have been altered by excavation and
straightening in the past to promote drainage of the surrounding agriculture fields. In addition to the
ditches, there are two excavated ponds located onsite. One of the ponds is directly connected to a
jurisdictional ditch and is a water of the U.S. The remaining pond was determined to be isolated from
other waters of the U.S by USACE and is not subject to Section 404 jurisdiction per USACE.
Floodplain mapping for Hertford County obtained online at www.NCFloodmaps.com indicates that
no portion of the site lies within any flood hazard area including the 100-year flood zone.
Protected Species Evaluation
Species with the federal classifications of Endangered (E), or Threatened (T), are protected under the
Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531 et seq.). The United States Fish
and Wildlife Service (USFWS) lists one species with federal protection that has a range considered to
extend into Hertford County: red-cockaded woodpecker (Picoides borealis). ESI evaluated the
project study area for potential habitat that could support the red-cockaded woodpecker. The project
N
Note: USACE site review
conducted on April 29, 2008
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ENVIRONMENTAL Existing Site Conditions Project: ER08013.01
SERVICES, .
524 S. Nov Hopeg, Rnd P.oad
Hertford Renewable Energy, LLC. Date: Aug 2008
(919 h. 117 Carolina 27610
(91g? 2124760
50 Biomass Fewer Pleat Drwn/Chkd: EW/JH
`9'5'2'2-1707 FAX Hertford County, North Carolina
...uv enWenmentalseivicesinc.rom __ Figure: 2
study area lacks significant pine stands greater than 30 years old and would not be considered
potential foraging or nesting habitat. North Carolina Natural Heritage Program (NHP) records
indicate that the red-cockaded woodpecker has not been documented within 3 miles of the project
study area. USFWS has provided the applicant with a concurrence letter that has been attached to this
application package.
Preliminary Cultural Resource Assessment
ESI conducted research at the North Carolina Office of State Archaeology (OSA) and the North
Carolina Survey and Planning Branch (SPB) of the North Carolina State Historic Preservation Office
(SHPO) on February 1, 2008. This revealed no previously recorded archaeological sites or historic
properties listed in or eligible for listing in the National Register of Historic Places on or within 500
meters of the project location. A preliminary coordination letter was sent to the SHPO on January 31,
2008 asking for regulatory comment in the event a proposed project at this location would require
federal or state permitting. SHPO responded in a letter dated 21 February 2008 indicating that they
have no comment on the proposed project. A copy of this letter is attached. During the preliminary
site reconnaissance, a small family cemetery was noted in the northern portion of the property within
the power line right-of-way. Impacts to the cemetery are being avoided.
Avoidance and Minimization of Impacts
The applicant has developed the proposed site plan with the goal of meeting the projects stated
purpose and need while minimizing impacts to the surrounding environment. ESI has assisted the
applicant during the design phase to help avoid certain higher quality jurisdictional impacts (i.e.
forested wetlands, jurisdictional pond) while minimizing other lower quality jurisdictional impacts
(i.e. ditches). The impacts that are presented on the current site plan are the result of the required
road network necessary for the safe and efficient operation of a power generating facility of this type.
Culverts will be installed in the jurisdictional ditches in two locations and one jurisdictional ditch will
be relocated, resulting in only a temporary impact. One additional culvert will be placed in the
intermittent stream channel. All of the road crossings have been designed to minimize the impact on
the aquatic resource as much as practicable. The culverts will be installed in a way that will allow
normal water flow and also allow for aquatic life passage.
Proposed Impacts
The proposed jurisdictional impacts are fully documented in the attached PCN application.
• Permanent wetland impacts to jurisdictional ditches: 0.061 acre
• Temporary wetland impacts to jurisdictional ditch: 0.087 acre
• Permanent intermittent stream impacts: 40 linear ft
• Permanent open water (pond) impacts: 0.132 acre
• Non-Section 404 impacts to man-made pond: 0.088 acre
Mitigation
The applicant is not proposing any compensatory mitigation for this proposed project as permanent
wetland impacts are less than 0.10 acre and stream impacts are less than 150 linear feet.
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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2008-01926 County: Hertford U.S.G.S. Quad: Aulander
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Agent: Decker Energy 1Y err
Address: Attn: Tim Berrigart
152 Lincoln Avenue JUN t' C06,
Winter Park, FL
Telephone No.:
Property description:
Size (acres) 90 Nearest Town Aulander
Nearest Waterway Turkey Creek River Basin Chowan
USGS HUC 03010203 Coordinates N 36.2464 W-77.0713
Location description Property is located on the east corner of Holloman Road an Pine Drive, adjacent to Turkey
Creek, northeast of Aulander, Hertford County, North Carolina.
Indicate Which of the Following Apply,:
A. Preliminary Determination
Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have
this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a
jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action
under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331)..
B. Approved Determination
There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or
our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X There are wetlands on the above described property subiect 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 wetlands on your property delineated. Due to the size of your property and/or our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps,
X The wetland on your property have been delineated and the delineation has been verified by the Corns. 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_ tiwhich, 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 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 fi•om the date of this notification.
There are no waters of the U.S., to include wetlands, present on the above described property 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 fi-om the date of this
notification.
X The property is located in one of the 20 Coastal Counties subiect to regulation under the Coastal Area Management
Act (CAMA). You should contact the Division of Coastal Management in Washington NC, at [phone] to
determine their requirements.
Page 1 of 2
Action Id. 2008-01926
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 Josh Pelletier at 252-975-1616 ext. 34.
C. Basis For Determination
The wetlands on this site meet all three criteria as described in the 1987 wetland delineation manual and are a broad
continuum of wetlands associated with Turkey Creep, a tributary to Ahoskie Creels, a tributary to the Wiceacon River,
a navigable water of the United States.
D. Remarks
E. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in
B. above)
This correspondence constitutes an approved jurisdictional detdnnination 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:
District Engineer, Wilmington Regulatory Division
Attn:Josh Pelletier, Project Manager,
Washington Regulatory Field Office
Post Office Box 1000
Washington, North Carolina 27889
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it rneets the criteria for
appeal under 33 CFR part 331.5, and that it has been received by the District 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 August 18, 2008.
**It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this
correspondence.**
Corps Regulatory Official:
Date June 19, 2008 Expiration Date June 19, 2013
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 the Customer Satisfaction Survey located at our website at htto://re ulatory.usacesurvey.com/ to
complete the survey online.
Copy furnished:
Jeff Harbour
Environmental Services Inc
524 S. New Hope Road
Raleigh, NC 27610
Page 2 of 2

i M1
?T1S'12AT API? D t' l i l)(? Aar
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_
Applicant: Decker Energy File Number: 2008-01926 Date: June 19, 2008
Attached is:Jurisdictional Determination See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of A
permission)
PROFFERED PERMIT Standard Permit or Letter of permission) B
. PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
fllo?viitg idea#ifrc yut i iglus arid'pptiors r€
nial infor Cation iiay be lbul at htt _:/hv N-v u
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 terns 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 Il 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 rnay: (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.
13- 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 pen-nit under the Corps of Engineers Administrative Appeal Process by
completing Section if 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 11 of this form and sending the fonn 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.
SFC TI[}N IT -'IZFQLTI ST T O APPI;AI or OR f CT ONS TO,AN INfTIAI, PRO FEt?ED 1?.ERMF1'-
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.
pOIXTT ()1 CONTACT TOE QUFSTIO tS ()R: INFtORi!IA I'IOI?I - ::,'
If you have questions regarding this decision If you only have questions regarding the appeal process you
and/or the appeal process you may contact: may also contact:
Josh Pelletier Mr. Mike Bell, Administrative Appeal Review Officer
U.S. Army Corps of Engineers CESAD-ET-CO-R
Post Office Boa 1000 U.S. Army Corps of Engineers, South Atlantic Division
Washington, North Carolina 27889 60 Forsyth Street, Room 9M15
[phone] ea 34 Atlanta, Georgia 30303-8801
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 and approved Jurisdictional Determinations send this
form to:
District Engineer, Wilmington Regulatory Division, Attn:Josh Pelletier, Project Manager,
Washington Regulatory Field Office, Post Office Box 1000, Washington, North Carolina 27889
For Permit denials and Proffered Permits send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Mike Bell,
Administrative Appeal Officer, CESAD-ET-CO-R, 60 Forsyth Street, Room 9M15, Atlanta,
Georgia 30303-8801
05/23/08 FRI 14:58 FAX [phone] USM-RALEIGH,NC 0001

Jeff Harbour
Enviromnental Services, Ina.
524 S. New Hope Road
Raleigh, NC 27610
Dear Mr. Harbour:
May 23, zoos
-- --
Thank you for your April 15, 2008 fetter regarding the proposed biomass power generating
plant to be located northeast of the intersection of SR 1108 and SR 1231 in Hertford County,
Nortb Carolina. This letter provides the U.S. Fish and Wildlife Service's (Service) response
pursuant to section 7 of the Endangered Species Act, as amended (16 U.S.C.1531 et seq.)
(Act).
Based on the information provided and other information available, it appears that your
project site does not contain any federally-listed endangered or threatened species, their
I formally designated critical habitat, or species currently proposed for listing under the Act-
We believe that the requirements of section 7(a)(2) of the Act have been satisfied. We
remind you that obligations under section 7 consultation must be reconsidered if: (1) new
information reveals impacts of this identified action that way affect listed species or critical
i habitat in a manner not previously considered; (2) this action is subsequently modified in a
t manner that was not considered in this review; or, (3) a new species is listed or critical
4 habitat determined that znay be affected by the identified action.
Thank you for the opportunity to review this project. If you have any questions or comments
regarding our response, please contact Mr. Dale W. Suiter of this office at [phone],
Ext. 18 or [e-mail].
Sincerely
Pe enjamin
` Feld Supervisor
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh. North Carolina 27636.3726
as SL41p q
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North Carolina Department of Cultural Resources
State Historic Preservation Office
Peter B. Sandbeck, Administrator
Michael F. Easley, Governor Office of Archives and History
Lisbeth C. Evans, Secretary Division of Historical Resources
Jeffrey J. Crow, Deputy Secretary David Brook, Director
February 21, 2008
Scott Seibel
Environmental Services
524 S New Hope Road
Raleigh, NC 27610
Re: Fatal Flaw Analysis for 100-acre property, SR 1109, Hertford County, ER 08-0490
Dear Mr. Seibel:
Thank you for your letter of January 31, 2008, concerning the above project.
We have conducted a revie-,v of the proposed undertaking and are aware of no historic resources that would be
affected by the project. Therefore, we have no comment on the undertaking as proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR
Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill-Earley, environmental review coordinator, at 919-807-6579. In all future
communication concerning this project, please cite the above referenced tracking number.
Sincerely,
Peter Sandbeck
Location: 109 East Jones Street, Ralcigh NC 27601 Mailing Address: 4617 M2il Service Center, Raleigh NC 27699-4617 Telephone/Fax: [phone]-6599