HomeMy WebLinkAbout20180935 Ver 1_401 Application_20180718Action History (UTC -05:00) Eastern Time (US & Canada)
Submit by Anonymous User 7/5/2018 9:15:35 AM (Start Event)
Accept by Montalvo, Sheri A 7/9/2018 9:54:23 AM (Non DOT Initial Review)
• The task was assigned to Montalvo, Sheri A. The due date is: July 10, 2018 5:00 PM
7/5/2018 9:17 AM
DWR
Dfutslon of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
January 31, 2018 Ver 2.3
Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all mandatory questions are answered.
Also, if at any point you wish to print a copy of the E -PCN, all you need to do is right -click on the document and you can print a copy of the form.
Below is a link to the online help file.
https://edocs. deq. nc.gov/WaterResources/0/edoc/624704/PCN%20Help%20File%202018-1-30. pdf
A. Processing Information
County (or Counties) where the project is located:*
Brunswick
Is this project a public transportation project?*
r Yes G No
This is any publicly funded by rrunicipal,state or federal funds road, rail, airport transportation project.
1a. Type(s) of approval sought from the Corps:*
rJ Section 404 Permit (wetlands, streams and waters, Clean Water Act)
r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
1b. What type(s) of permit(s) do you wish to seek authorization?*
fJ Nationwide Permit (NWP)
r Regional General Permit (RGP)
r Standard (IP)
This form may be Corps to initiate the standard/individual permit process. Please contact your Corps representative for submittal of standard permits.
All required items that are not provided in the E -PCN and be added to the miscellaneous upload located at the bottom of this form.
Nationwide Permit (NWP) Number: 12 - Utility Lines
NWP Number Other:
List all WV nun-bers you are applying for not on the drop dow n list.
1c. Type(s) of approval sought from the DWR:*
check all that apply
r 401 Water Quality Certification - Regular fJ 401 Water Quality Certification - Express
r Non -404 Jurisdictional General Permit r- Riparian Buffer Authorization
r Individual Permit
*
1d. Is this notification solelyfor the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
b Yes b No
O Yes a No
1e. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
V so, attach the acceptance letter from mitigation bank or in -lieu fee program
r Yes r No
1f. Is the project located in anyof NC's twenty coastal counties?*
r Yes r No
1g. Is the project located within a NC DCM Area of Environmental Concern (AEC)?*
r Yes r No r Unknown
1h. Is the project located in a designated trout watershed?*
r Yes r No
Link to trout information: http://wwv.saw.usace.army.miI/Missions/Regulatory-Permit-Prograni/Agency-Coordination/Trout.aspx
B. Applicant Information
1a. Who is the Primary Contact?*
Brian Adams
1b. Primary Contact Email:*
brian@ollo.energy
1c. Primary Contact Phone:*
(XXX)XXX-XXXX
1d. Who is applying for the permit?
r Owner V Applicant (other than owner) V Agent/Consultant
(Check all that apply)
2. Owner Information
2a. Name(s) on recorded deed:
WCM Enterprises, LLC
2b. Deed book and page no.:
Deed Book 01223 Deed Page 0223
2c. Responsible party:
(for Corporations)
Bill Schoettelkotte
2d. Address
Street Address
305 Colonial Drive
Address Line 2
City
Wilmington
Postal / Zip Code
28403
2e. Telephone Number:
(XXX)XXX-XXXX
Fax Number:
(XXX)XXX-XXXX
State / Province / Flegion
North Carolina
Country
United States of America
2g. Email Address:*
bill@capefearcommercial.com
3. Applicant Information (if different from owner)
3a. Applicant is:
r Agent
C Other Lessee of property
If other please specify.
3b. Name:
Brian Adams
3c. Business Name:
(if applicable)
011o, LLC
3d. Address
Street Address
7845 Colony Road
Address Line 2
CRY State / Province / Region
Charlotte North Carolina
Postal/Zip Code Country
28226 United States of America
3e. Telephone Number:
(704)776-6057
(xxx)xxx-xxxx
3f. Fax Number:
(xxx)xxx-xxxx
Email Address:*
brian@ollo.energy
4. Agent/Consultant (if applicable)
4a. Name:
Jeffery Vereen
4b. Business Name:
(if applicable)
The Brigman Company
4c. Address
Street Address
607 Main Street
Address Line 2
P.O. Box 1532
City
State/ Province/ legion
Conway
South Carolina
Fbstal / Zip Code
Country
29528
United States of America
4d. Telephone Number:
(843)670-6844
(xxx)xxx-xxxx
4e. Fax Number:
(XXX)XXX-XXXX Email Address:*
jvereen@thebrigmancompany.com
Agent Authorization Letter*
Rease provide the Agent Authorization Letter if you are submitting this document.
Agent Authorization Letter.pdf 211.88KB
RLETYFE Nt ST BE RDF
C. Project Information and Prior Project History
1. Project Information
......................................................................................................................................
1a. Name of project:*
ATOOD Solar N, LLC
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality/ town:
Leland
1d. Driving directions*
If it is a new project and can not easily be found in a GPS rrapping system Rease provide directions.
The subject property can be accessed from Commerce Drive via Industrial Boulevard which intersects with Mt. Misery Road. The property
also directly abuts 1-140 and CSX Railroad.
2. Project Identification
2a. Property Identification Number:
(tax RN or parcel ID)
02800008 &02200009 (portions of) new parcel ID's pending
2b. Property size:
(in acres)
36.64
2c. Project Address
Street Address
2299 Commerce Drive
Address Line 2
City State / Frovince / Region
Leland North Carolina
Pbstal / Zip Code Country
28451 United States of America
2d. Site coordinates in decimal degrees
Please collect site coordinates in decimal degrees. Use between 4-6 digits (unless you are using a survey -grade GPS device) after the decimal place as
appropriate, based on howthe location was determined. (For example, most mobile phones with GPS provide locational precision in decimal degrees to
map coordinates to 5 or 6 digits after the decimal place.)
Latitude:* Longitude:*
34.27722 -78.05834
ex: 34.208504 -77.796371
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Rowel Branch
3b. Water Resources Classification of nearest receiving water:*
C; SW
Surface Water Lookup
3c. What river basin(s) is your project located in?*
Cape Fear
River Basin Lookup
4. Project Description
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:*
The site is currently a loblolly pine pine plantation that has been frequently thinned. The current average age of
the trees is appro)amately 20-30 years in age. The property is surrounded on south and east by an industrial park
and the north and west by CSX Railroad and the newly constructed 1-140.
4b. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for
DWR)
pick the upload button or drag and drop files here to attach document
ATOOD Solar IV USGS.pdf
File type crust be pdf
518.81 KB
4c. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site.
(for DWR)
Click the upload button or drag and drop files here to attach docurrent
ATOOD Solar IV NRCS Soils.pdf 771.84KB
File type rrust be pdf
4d. List the total estimated acreage of all existing wetlands on the property:
+/-3.67 acres
4e. List the total estimated linear feet of all existing streams on the property:
(intermttent and perennial)
n/a
4f. Explain the purpose of the proposed project:*
The applicant proposes to construct a solar farm project on the subject tract along with the attending overhead
utility lines for connection to the Duke Energy power grid. Duke Energy limits solar project electric generation to
5.0 MW per farm, as a result, the property is being subdivided to allow for two solar farms, each generating 4.99
MW. Because the project will have two separate owners, the applicant is requesting separate Nationwide Permits
to prevent liability of each owner should one violate conditions of the permit. A separate application will be
submitted for the adjacent solar farm. Both applicants are aware that the US Army Corps of Engineers and the
state agencies discourage splitting projects for permitting as it could lead to "piece -milling" to impact more
wetlands than allowed for Nationwide Permits. Please note that if the projects were permitted as one, the total
wetland impacts will still meet the Nationwide threshold.
The Brigman Company, acting as agent for ATOOD Solar N, is requesting confirmation that based upon
Regulatory Guidance Letter 90-08, no permit will be required for the installation of power utility poles to access the
grid or any incidental support post for the solar panels that may occur in Section 404 wetlands.
4g. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
In order to accomplish project objectives the applicant will clear-cut the existing timber on the property uplands and
within the wetlands within the proposed powerline right -of way. Direct impacts will be installing culverts for road
crossings in three locations over upland cut ditches that contain Relatively Permanent Waters of the US.
4h. Please upload project drawings for the proposed project.
Click the upload button or drag and drop files here to attach docurrent
FINAL - ATOOD Solar IV-NWP-Impact Exhibit.pdf 19.49MB
File type rrust be pdf
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes r No r Unknown
Comments:
Applicant is also concurrently requesting accurate JD for project area,
request form is uploaded under MISC.
5b. If the Corps made a jurisdictional determination, what type of determination was made?
r Preliminary r Approved r Unknown r N/A
Corps AID Number:
Exarrple: SAW2017-99999
SAW -2009-01448
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
Jeffery Ve re e n
The Brigman Company
5d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
November 27, 2017. Applicant is also requesting an Accurate Jurisdictional Determination with this PCN application. It is attached at the end
of this application in the MISC section.
5dl. Jurisdictional determination upload
Click the upload button or drag and drop files here to attach docurrent
WCM Enterprises PJD SAW-2009-01448.pdf 4.75MB
File type rrust be FDF
6. Project History
6a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past?*
C Yes r No r Unknown
7. Future Project Plans
7a. Is this a phased project?*
r Yes r No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the
proposed project or related activity? This includes other separate and distant crossing for linear projects that require Department of the
Army authorization but don't require pre -construction notification.
D. Proposed Impacts Inventory
1. Impacts Summary
Ia. Where are the impacts associated with your project? (check all that apply):
W Wetlands ❑ Streams -tributaries r Buffers
r— 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. Site # -Reason for impact*
2b. Impact type *
2c. Type of wetland*
2d. Wetland name
*2e.
2f. Type of
2g. Impact
Forested*
Jurisdicition*
area*
Impact Area 1 -Road Crossing
P
NON-NCWAM TYPES
Upland cut ditch
No
Both
0.030
Nbp label (e.g. Fbad Crossing 1 - Qilvert,
Ftxm3nent (P) or
(404, 10) or DhR (401,
(acres)
dewatering, etc)
Temporary (T)
other)
Impact Area 2 -Road Crossing
P
NON-NCWAM TYPES
Upland cut ditch
No
Both
0.030
Nbp label (e.g. Fbad Crossing 1 - Culvert,
F2rrmnent (F� or
(404, 10) or DJVR (401,
(acres)
dewatering, etc)
Temporary (T)
other)
Impact Area 3 -Road Crossing
P
NON-NCWAM TYPES
Upland cut ditch
No
Both
0.020
Nbp label (e.g. load Crossing 1 - Culvert,
Permanent (P) or
(404, 10) or DhR(401,
(acres)
dewatering, etc)
Temporary (T)
other)
Impact Area 4 -Road Crossing
P
NON-NCWAM TYPES
Jurisdictional
Yes
Both
0.050
Nbp label (e.g. Fbad Crossing 1 - Culvert,
Fbm-anent (P) or
wetland
(404, 10) or DhR(401,
(acres)
dewatering, etc)
Temporary (T)
other)
2g. Total Temporary Wetland Impact
0.000
2g. Total Permanent Wetland Impact
0.130
2g. Total Wetland Impact
0.130
2h. Comments:
Impact Areas 1-3 are required for road crossing access to the site and Impact Area 4 is required by Duke Energy
to access proposed powerline for connection to Duke's power grid. This access will be a gravel road which will
allow for water permeability.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:*
The proposed impacts are minimum required to accommodate equipment and construction vehicles for
construction of the solar farm. The two adjacent solar farms will utilize eAsting crossings and jointly use proposed
ditch impact crossings for construction of each project. By jointly using the crossings, it will minimize impacts for
each project.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:*
Applicant will limit impacts to only those associated with the approved permit and will use all state and federal
BMP's for construction activities.
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?
f Yes r No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
The impacts to jurisdictional wetland are less than the threshold for mitigation and the road crossing impacts over Relatively Permanent
Waters within upland cut ditches also typically do not require mitigation.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
*** Recent changes to the stormwater rules have required updates to this section .***
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection
Rules?
r Yes r No
For a list of options to meet the diffuse flow requirements, click here.
If no, explain why:
Applicant will be using sheet flow design per NCDEQ Stormwater Manual Guidance E-6 Recommendation 2: disconnect Runoff from Solar
Panel Arrays and Recommendation 3: Avoid Concentration of Stormwater. A copy of NCDEQ Stormwater Design Manual Section E-6 is
uploaded in the MISC. section of this application.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
r Yes r No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
r Yes
r No
To look up low density requirement click here 15A NCAC 02H .1003(2)
G. Supplementary Information
1. Environmental Documentation
1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
r Yes r No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or
DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)? *
r Yes r No
2b. Is this an after -the -fact permit application?*
r Yes r No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact
nearby downstream water quality?*
r Yes r No
3b. If you answered "no," provide a short narrative description.
The solar farm will be fenced and access by authorized personnel only.No further development will be allowed due
to the limiting factors imposed by Duke Energy. Areas disturbed by construction in the upland areas will be re-
seeded and maintained in grasses.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?
f Yes r Nor NiA
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
r Yes r No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
r Yes r No
5c. If yes, indicate the USFWS Field Office you have contacted.
Raleigh
5d. Is another Federal agency involved?*
r Yes r No r Unknown
5e. Is this a DOT project located within Division's 1-8?*
r Yes r No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
r Yes r No
5g. Does this project involve bridge maintenance or removal?
r Yes r No
Link to the NLEB SLOPES document: http://saw-reg.usace.army.mil/NLEB/1-30-17-signed_NLEB-SLOPES&apps.pdf
5h. Does this project involve the construction/installation of a wind turbine(s)?*
r Yes r No
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers,
mechanized pile drivers, etc.?
r Yes r No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
The applicant had a Threatened and Endangered Species assessment conducted for the site and received letters
of concurrence from the US Fish & Wildlife Service. Concurrence letters will be attached in MISC. section of
application.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
r Yes r No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
NOAA National Marine Fisheries website.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data: http://gis.ncdcr.gov/hpoweb/
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 status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)?*
r Yes r No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
http://gis.ncdcr.gov/hpov,,eb/
No historic trust sites are within or near subject property.
7c. Historic or Prehistoric Information Upload
Click the upload button or drag and drop files here to attach document
File rrust be FDF
8. Flood Zone Designation (Corps Requirement)
Link to the FEMA Floodplain Maps: https://msc.fema.gov/portal/search
8a. Will this project occur in a FEMA -designated 100 -year floodplain?
r Yes r No
8c. What source(s) did you use to make the floodplain determination?*
https:Hmsc.fema.gov/portal/search
Miscellaneous
Miscellaneous attachments not previously requested.
Click the upload button or drag and drop files here to attach docurrent
USF&WS Ltr. Brunswick Solar 4-13-18.pdf
1.95MB
NCDEQ Stormwater Design Manual Section E-6.pdf
1.23MB
WCM Enterprises Accurate JD Request.pdf
27.48MB
WCM Enterprises Wetland Map.pdf
1.59MB
File rrust be FDF or INR
Signature
W By checking the box and signing below, I certify that:
■ I have given true, accurate, and complete information on this form;
■ I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic
Transactions Act');
■ I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic
Transactions Act');
■ I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
■ I intend to electronically sign and submit the PCN form.
Full Name:*
Jeffery Vereen
Signature
Date Submitted:
7/5/2018
Initial Review
Is this project a public transportation project?* (')
O Yes F No
Change only if needed.
Has this project met the requirements for acceptance in to the review process?*
t: Yes
r No
BIMS # Assigned*
20180935
Version#*
Reviewing Office*
Wilmington Regional Office - (910) 796-7215
Select Project Reviewer*
Chad Coburn:eads\cccoburn
Is a payment required for this project?*
r No payment required
r Fee received
G Fee needed - send electronic notification
What amout is owed?
G $240.00
* $570.00