HomeMy WebLinkAbout20160314 Ver 2_401 Application_20181026g bl 6,-, 0 3/ � V )-
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o� qG Office Use Only:
Corps action ID no.
o DWQ project no.
Form Version 1.3 Dec 10 2008
Pre -Construction Notification PC Form
A. Applicant Information
1. Processing
1a. Type(s) of approval sought from the
Corps:
®Section 404 Permit El Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: NWP 39 or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps?
® Yes ❑ No
1d. Type(s) of approval sought from the DWQ (check all that apply):
N 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 N 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
1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes ® No
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes ® No
2. Project Information
2a. Name of project:
Tate Solar Farm
2b. County:
Nash
2c. Nearest municipality / town:
Castalia
2d. Subdivision name:
2e. NCDOT only, T.I.P. or state
project no:
�a ,
3. Owner Information
3a. Name(s) on Recorded Deed:
John Taylor n�.T
3b. Deed Book and Page No.
838/532 oURCES
3c. Responsible Party (for LLC if
applicable):
UFF RPE
4
3d. Street address:
5216 Commodore Bluff
3e. City, state, zip:
Suffolk VA, 23435
3f. Telephone no.:
757.871.9023
3g. Fax no.:
3h. Email address:
Page 1 of 12
PCN Form — Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is:
❑ Agent ® Other, specify: Developer
4b. Name:
Ms. Lorilee Mather
4c. Business name
(if applicable):
Tate Solar, LLC
4d. Street address:
One Cate Street, Suite 100
4e. City, state, zip:
Porthsmouth NH, 03801
4f. Telephone no.:
603.319.4400
4g. Fax no.:
603.546.4006
4h. Email address:
lmather@catecapitol.com
S. Agent/Consultant Information (if applicable)
5a. Name:
Bradley S. Luckey
5b. Business name
(if applicable):
Pilot Environmental Inc.
5c. Street address:
PO Box 128
5d. City, state, zip:
Kemersville, NC 27285
5e. Telephone no.:
336.708.4997
5f. Fax no.:
5g. Email address:
bluckey@pilotenviro.com
Page 2 of 12
PCN Form — Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
288400943823
1 b. Site coordinates (in decimal degrees):
Latitude: 36.06843 Longitude: - 78.01941
(DD.DDDDDD) (-DD.DDDDDD)
1c. Property size:
48 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
Pig Basket Creek
proposed project:
2b. Water Quality Classification of nearest receiving water:
Class B, NSW
2c. River basin:
Tar-Pamlico
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 site contains undeveloped wooded land. Structures are not located on the site. The site is located in a
residential/rural area of Castalia.
3b. List the total estimated acreage of all existing wetlands on the property:
0 ac
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
1,379LF
3d. Explain the purpose of the proposed project:
The purpose of the proposed project is to provide access during development and long term maintenance of the site as a
solar farm.
3e. Describe the overall project in detail, including the type of equipment to be used:
The overall project consists of proposed development of the site with a solar farm. In order to provide safe access to the
site, an access road and stream crossing are necessary. To faciltate development of the site and construction of the
proposed stream crossing, clearing and grading the site is necessary. Graders, haulers, excavators and other heavy
equipment will be used during site construction.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
® Yes [INo ElUnknown
project (including all prior phases) in the past.'
Comments: USACE/DWR site visit 10/1/15
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: Pilot Enviromental, Inc.
Name (if known): Bradley Luckey/David Brame
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
USACE JD=10/22/15. DWR-No Determination Made-Visit for 401 only
5. Project History
5a. Have permits or certifications been requested or obtained for
® Yes ❑ No ❑ Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
The proposed stream crossing impacts received written approval by the USACE in NWP 39 Verification dated April 6,
2016 (SAW-2015-02093) and by the NCDEQ-DWR 401 WQC dated April 12, 2016 (DWR#16-0314). The applicant was
not able to construct the proposed stream crossing prior to the above approvals expiring. The proposed project and
stream crossing design has not changed since receipt of the aforementioned approvals.
Page 3 of 12
PCN Form — Version 1.3 December 10, 2008 Version
6. Future Project Plans
6a. Is this a phased project? ❑ Yes ® No
6b. If yes, explain.
The project is not part of a phased project. Impacts to streamstwetlands, outside of those proposed in this appilication,
are not anticipated as a result of the proposed project.
Page 4 of 12
PCN Form — Version 1.3 December 10, 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. 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 impact
Type of wetland
Forested
(Corps - 404, 10
Area of impact
Permanent (P) or
(if known)
DWQ — non -404, other)
(acres)
Temporary
W1 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W2 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W3 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W4 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W5 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W6 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
2g. Total wetland impacts
2h. Comments: Wetland impacts are not proposed.
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
3b.
3c.
3d.
3e.
3f.
3g.
Stream impact
Type of impact
Stream name
Perennial
Type of jurisdiction
Average
Impact
number -
(PER) or
(Corps - 404, 10
stream
length
Permanent (P) or
intermittent
DWQ — non -404,
width
(linear
Temporary (T)
(INT)?
other)
(feet)
feet)
S1 ®P ®T
Culvert/Rip-
Rap/Pump Around
Unnamed
❑ PER
® INT
® Corps
❑ DWQ
4
91/30/26
S2 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S3 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S4 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S5 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S6 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
3h. Total stream and tributary impacts
121/26
3i. Comments: The proposed stream crossing will permanently impact 121 linear feet and temporarily impact 26 linear feet of
stream. Permanent impacts include 91 linear feet of stream impact by culvert fill and 30 linear feet by rip -rap dissipator fill.
Temporary impacts include 26 linear feet of stream impact by the associated pump around. Areas of temporary impact will be
restored to similar pre -construction conditions.
Page 5 of 12
PCN Form — Version 1.3 December 10, 2008 Version
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 waterbody
impact number —
(if applicable)
Type of impact
Waterbody type
Area of impact (acres)
Permanent (P) or
Temporary
01 ❑P❑T
02 ❑ PEI T
03 ❑P❑T
04 ❑P❑T
4f. Total open water impacts
4g. Comments: Open water impacts are not proposed.
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 purpose
(acres)
number
of pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5E Total
5g. Comments: Construction of pondsAakes are not proposed.
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.
❑ Neuse ®Tar -Pamlico El Other
Project is in which protected basin?
❑ Catawba ❑ Randleman
6b.
6c.
6d.
6e.
6f.
6g.
Buffer impact
number —
Reason
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P) or
for
Stream name
mitigation
(square feet)
(square feet)
Temporary
impact
required?
131 ❑P❑T
El Yes
❑ No
B2 ❑P
EI Yes
❑ No
B3 ❑ P ❑ T
❑ Yes
❑ No
6h. Total buffer impacts
6i. Comments: Buffer impacts are not proposed.
Page 6 of 12
PCN Form — Version 1.3 December 10, 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.
Due to the development and use of the site as a solar farm, a road must be constructed to provide access to the site during
construction and long term maintenance of the site as a solar farm. The road has been designed in a location as far up -
gradient as possible in an area that the intermittent stream has lower quality/function and little to no aquatic habitat. Flowing
water and/or aquatic life have not been observed within the proposed area of stream impact during multiple site visits by Pilot.
Additionally, the stream crossing location has been designed in an area of the stream that is relatively straight. Additionally,
the stream crossing has been designed to have 2:5 to 1 side slopes, thus, reducing the linear feet of stream channel impact.
Due to topographic gradient, the road has been designed at nearly a 10% grade whereas, for safety concerns, the design
cannot be at a steeper grade to accommodate construction and long term maintenance equipment. Additionally, the road
width has been reduced to the maximum extent possible, while maintaining safety concerns and considering the topographic
gradients. Head and end walls have been designed to reduce the amount of stream channel impact. The stream crossing
has been designed with 2.5 to 1 side slopes, thus, further reducing the linear feet of stream impact associated with the road
crossing compared to flatter slopes.
The solar array and necessary infrastructure (overhead/underground voltage lines, inverters, etc.) have been designed to
avoid impacts to jurisdictional streams, wetlands and ponds.
There are approximately 1,379 feet of stream channel on the site. The remaining 1,258 linear feet of stream channel are being
avoided.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
The clearing limits will be staked and silt fence will be used. A temporary coffer dam will be installed upgradient of the
proposed culvert. During construction, water will be pumped around the construction footprint. Appropriate stream bank
protection will be provided in the channel during construction and all excess excavated material will be immediately removed
from the stream bank crossing area. Upon completion of the culvert installation, the temporary sand bag coffer dams will be
removed and flow will be diverted through the culvert. Following construction, disturbed banks will be restored to similar pre -
construction conditions, matted and seeded/live staked.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
❑ Yes ® No
impacts to Waters of the U.S. or Waters of the State?
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
❑ Mitigation bank
2c. If yes, which mitigation option will be used for this
El Payment to in -lieu fee program
project?
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type
Quantity
Page 7 of 12
PCN Form — Version 1.3 December 10, 2008 Version
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.
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
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(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 8 of 12
PCN Form — Version 1.3 December 10, 2008 Version
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified
® Yes ❑ No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes No
Comments: Stormwater flow is not being concentrated
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project?
<2 %
2b. Does this project require a Stormwater Management Plan?
❑ Yes ® No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why: Based on the % impervious, a
stormwater management plan is not requried.
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
❑ Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan?
❑ DWQ Stormwater Program
❑ DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project?
❑ Phase II
3b. Which of the following locally -implemented stormwater management programs
❑ NSW
El USMP❑
apply (check all that apply):
Water Supply Watershed
❑ Other:
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
❑ Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ 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 9 of 12
PCN Form — Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
la. Does the project involve an expenditure of public (federal/state/local) funds or the
❑ Yes ® No
use of public (federal/state) land?
1 b. 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)?
1 c. 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
❑ Yes ® No
letter.)
Comments: A NEPA or SEPA is not required as part of this project.
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 accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
We are not aware of additional development that will impact nearby downstream water quality.
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.
Wastewater will not be generated by the proposed project.
Page 10 of 12
PCN Form — Version 1.3 December 10, 2008 Version
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?
Pilot consulted the NC Natural Heritage Program Database for known T/E occurences on the NC quadrangle that
contains the site, the Castalia, NC Quadrangle. The NC NHP identified the Dwarf wedgemussel as a federally listed
endangered species that has been identified on the quadrangle that contains the site. Based on our observations, the
stream and area of stream impact would not be considered suitable habitat for this species. Therefore, it is our opinion
that the proposed project would have a no effect determination for the Dwarf wedgemussel.
USFWS reviewed the project and issued comments dated 5/13/16 (attached).
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?
Based on our knowledge of the site, the site is not located in or near an area designated as essential fish habitat. Best
management practices and the use of temporary sediment and erosion control devices will prevent sediment from entering
down-gradient waterbodies which may contain fish.
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 reviewed the proposed project as part of a state clearinghouse review of the project. SHPO Letter dated 3/31/15
(attached)
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 FIRMs 3710545400J and 3710544200J
Digitally signed by Bradley S. Luckey
DN: cn=Bradley S. Luckey, o=Pilot
Bradley S. Luckey
EnAronmental, Inc, ou,
! fr. email=bluckey@pilotenviro.com,
10/22 18
c=uS
Date: 2018.10.2214:5825-04'00'
Date
licant/A enfs Printed Name
Applicant/Agent's Si nature
Page 11 of 12
PCN Form — Version 1.3 December 10, 2008 Version
,L I
�N
- EXISTING STREAM
PROPOSED EAM
.yl
CROSSING AREA
SEE SHEET zl
VICINITY MAP
i
i" = 2000'
6 � ,
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VC: 200.0'
. PVI ETA: B EL 262.331'2.331'
WPROPERTY
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26
/
/
1 0
PROPOSED PROJECT , 1
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PAVED ROADWAYROAD
ALIGNMENT
1 250vc: 100.0'
p I
mPVI
ETA: I+50.00
PVI EL.: 242.897'
, I
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./� VC: 100.0'
PVI STA: 2+77.6}
1210 '
j 24
PVI EL: 230.114'
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DEVELOPER
SURVEYOR
o
SUNLIGHT PARTNERS, LLC
THOMPSON & ASSOCIATES
oA.�
27 PEARL STREET, FLOOR 4
1149 EXECUTIVE CIRCLE, SUITE D, UNIT 2
1emr,4a: o3.ze.zole
PORTLAND, ME 04101 CARY, NC 27511
PHONE: 207-899-1123
PHONE: 919-465-1566
i
ATTN: MICHAEL WALLACE
SITE ADDRESS
'"' Ai1niX1di
OWNER
TATE SOLAR LLC
o,
JOHN TAYLOR
TAYLORS GIN RD
3
5216 COMMODORE BLUFF
CASTALP, NC 27816
d'
1
SUFFOLK, VA 23435
757-671-9023 (C)
PARCEL NUMBER
P2
ENGINEER
TAX PARCEL X1001032
�� c
MICHAEL WALLACE, P.E.
SITE SUMMARY TABLE
I
25 CARRIAGE WAY
SCARBOROUGH. ME 04074
GROSS ACREAGE: 69 ACRES
lj
I
�+
PHONE: 207-217-2216
EXISTING LAND USE: AGRICULTURAL
PROPOSED LAND USE: ENERGY GENERATING FACILITY
EXISTING S IMPERVIOUS: 30.0 AC / 69 AC = 0.0%
`I
I
IMPERVIOUS: 69 AC 1.7%
—--_•�
AREA OF PREMISE: SE30 ACRS
f
1
I '-
ZONING: Al
1
I
I O
_1 ❑
10 0 10
20
JOB ID
,l -C, ,
Heals HORIZ: 1"=10'
last
PROJECT SITE PLAN
50 0 So
too
SHEET N0.
HORIZ: 1"=50'f4•I
150 0 150
300
8LO'° HORIZ: 1"=150'
feet
1 OF 3
EXISTING STREAM ,
PROPOSED LIMITS
OF WORK IN AREA
OF CROSSING s.1
JJ
PROPOSED STREAM
�. ) i poq CROSSING BY 36" RCP I
CULVERT
i
PROPOSED FENCE LINE
OVERVIEW PLAN
1— 100'
NOTES:
STREAM CROSSING WORK, INCLUDING SEDIMENT AND EROSION
REQUIREMENTS, SHALL BE DESIGNED AND ADMINISTERED UNDER THE OVERALL
TATE SOLAR DEVELOPMENT PROJECT.
2. ALL STREAM CROSSING WORK SHALL BE PERFORMED IN ACCORDANCE WITH ALL
FEDERAL, STATE, AND LOCAL REGULATIONS AND WITHIN BEST MANAGEMENT
PRACTICES.
3. THE CULVERT HAS BEEN DESIGNED TO CARRY THE 10 -YEAR STORM WITH AN
ESTIMATED FLOW OF 34 CFS.
4. TO THE GREATEST EXTENT POSSIBLE, PIPE INSTALLATION SHALL BE COMPLETED
SO AS TO MINIMIZE THE TIME OF TEMPORARY DISTURBANCE WITHIN THE
STREAM AND ADJACENT BUFFERS.
5, TO PREVENT EROSION AND SEDIMENT RUNOFF INTO THE STREAM, ALL
DISTURBED AREAS MUST BE MAINTAINED DURING CONSTRUCTION AND RESTORED
PER DETAILS. THE WORK IS NOT COMPLETE UNTIL A PERMANENT VEGETATIVE
COVER HAS BEEN ESTABLISHED IN THE AREAS OF DISTURBANCE.
PIPE INSTALLATION
CONSTRUCTION SE
1. INSTALL TEMPORARY EROSION CONTROL MEASURES (SILT FENCE) FOR
PIPE INSTALLATION WORK.
2. CLEAR & GRUB WORK AREA.
3. INSTALL TEMPORARY DIVERSION MEASURES (PUMP -AROUND OR DIVERSION
CHANNEL). SEE SHEET 3 FOR DETAILS.
4. EXCAVATE FOR HEADWALLS, PIPE BED, AND CHANNEL IMPROVEMENTS.
5. INSTALL PIPE BEDDING AND COMPACT AS REQUIRED.
6. INSTALL PIPE AND CONSTRUCT HEADWALLS.
7. BACKFILL HEADWALLS AND PIPE TO ELEVATION 226 -FT MINIMUM.
8. INSTALL NATURAL PIPE FILL AND RIPRAP AREAS.
9. RESTORE CHANNEL AREAS PER SHEET 3 DETAILS.
10. REMOVE TEMPORARY STREAM DIVERSION MEASURES.
11. RESTORE OVERBANK AREAS PER SHEET 3 DETAILS.
12. TEMPORARY EROSION CONTROL MEASURES MAY REMAIN IN-PLACE AND
BE SHELL BE AUGMENTED FOR CONTINUED ACCESS ROAD AND SITE
CONSTRUCTION ACTIVITIES.
13. FOR COMPLETE ACCESS ROAD CONSTRUCTION DETAILS, SEE PROJECT
DESIGN PLANS AND EROSION AND SEDIMENTATION PLANS.
.�4•
START OF TEMPORARY ,
FLOW DIVERSION AREA '
(SANDBAGS, SEE DETAIL)_ �.
BANK EXTRA RIPRAP ALONG
SOUTH CHANNEL -BANK TO
DIRECT FLOW INTO CULVERT �.
RESTORE ALL BANKS AND SU
AREAS AS SHOWN IN RESTOR
STREAM CROSSING PLAN
il = 10'
;•may /�
BANK EXTRA RIPRAP_
ALONG SOUTH
-CHANNEL BANK -
23 &234,
0+00 0+2E 0+50 0+75 1+00
1+25 1+36 2
I�
A
Station
—1.
VERT: 1"=2'
roar
23
10
0 10
STREAM CROSSING PROFILE
PROPOSED 2.5H:1V GRADE
w
HORIZONTAL: 1" - 10'
WITH ENGINEERED SLOPE
VERTICAL: 1" - 2'
REINFORCING
a
�.
(TYP. BOTH SIDES)
HORIZ: 1'100'
FMI
230,
0
o
o
J.,
22
m
rn
I
I
aI
22
_ _ _
MIN. LIMIT OF CULVERT INSTALLATION BACI{FlLL EL 226.0
_______________—_,__--
HEADWALL
36" RCP CULVERT I HEADWALL
APPROX.NO IML
DEPTH OF FLOW FOR
10 -YEAR 1
TERM
224
FILL CULVERT WITH EXCAVATED
OEPTN OF FOR
�,_
NATURAL STREAM BED MATERIAL
SFILDWTORM
1D YEAR STORM
TOP FILL 221.5
( XISTING GRADE -�
6" MIN DEPTH ABOVE INVERT) J
ALONG CULVERT
[APFROX�ETHNORMAL
SZ
\
PROFILE. PROPOSED \
— —
GRADE IN
FLOW
RCP INV. 221.0I`
—
r F;j CULVERT
i
\ TOP FILL 220.5
CLASS 3 (10" IN.
RIPRAP
RCP I . 220.0
MATCH S
EAMBED
CLASS 3 (10" MIN.)
21
t _...__ _
_._.RIPRAP STREAMBED -----'
CHANNEL AT OUTLET TO
I
MATCH EXISTING CHANNEL
STREAM CROSSING IMPACTS:
PERMANENT DISTURBANCE:
STREAM: CULVERT: 485 SF ALONG 91 LF
RIPRAP AREAS: 200 SF ALONG 30 LF
(UP & DOWN STREAM)
TEMPORARY DISTURBANCE:
STREAM: 155 SF ALONG 26 LF
21
0+00 0+2E 0+50 0+75 1+00
1+25 1+36 2
0 2
A
Station
—1.
VERT: 1"=2'
roar
10
0 10
20
STREAM CROSSING PROFILE
"°"
HORR: 1"-10'
HORIZONTAL: 1" - 10'
VERTICAL: 1" - 2'
too
0 1D0
200
HORIZ: 1'100'
FMI
w
J_
LL
0
o�
Z
g
Z
O
U
Q
w
U)
^j d
JOB ID
II SHE N0. I)
2 O� 3
APPROVED
DEWATERING
DEVICE
FLOW
PUMP DISCHARGE INTO
A STABLE VELOCITY
DISSIPATER MADE OF
RIPRAP OR SANDBAGS
DISCHARGE HOSES
I 1 SANDBAG
CLEAN -WATER DIKE
I' --SANDBAG SEDIMENT DIKE
CAN BE COMPLETED IN ONE DAY
PLAN VIEW
IMPERVIOUS
SHEETING
BASE FLOW
+tft FREEBOARD
(2' MIN)
WORK AREA
FLOW
SANDBAG DIKE X—SECTION
STREAM PUMP AROUND DETAIL
N.T.S.
NOTE: PUMP AROUND DIKES SHALL NOT BE SET OUTSIDE OF THE
DISTURBED/IMPACT LIMITS SHOWN ON THE SITE PUN.
S=TR.E�AAM DIVERSION PUMPS
INTAKE HOSE
FLOW
INTAKE
x 12" TO 18" DEEP
P -HOLE OR POOL
SQUARE CUT
BUDS (FACING
UPWARD)
in
O
"
LIVE CUTTING
( } TO 2" DIA.)
30' TO 45' CUT
LIVE STAKE
inn Ic ft�flft�
. g�rnnliy! gilg�jG�lstl�u�a ul I1"1fi1n �nun�'
1T� YllsT - �1 11`3�s( 1�11��
� II nil U A tx' II al 0
t nen n=»n=n=
mllan�ll=11=II=11
OR
.D GRADE
PIANTING RAG
Dl j ptuohch -1166
Jwii � ' n .
ndlu
caet•uter t,. dryi
finI
.ea •r.e•ef—. tyl.
KbC PIANllNG X%R
rA..* b•r .J Al h— r
Mtde 'th • ti..6r
he 1T i -h- loot.
4 661- wi& ud
I ie•h du'Y u ceon�.
ROOT PWJ?M%
,U &Ab. ••••
•n..A •rte.•,
ro :a•. rr••. a.
tea td..
LIVL WA L5 SHALL BL PLAGLU APPHUXIMAILLT
4 -FEET ON -CENTER. BAREROOT PLANTING DETAIL
LIVE STAKES SHALL BE DRIVEN UNTIL APPROXIMATELY DIBBLE PLANTING METHOD
} OF LIVE STAKE IS WITHIN GROUND. USING THE KBC PLANTING BAR
PLANTING DETAILS
N Ts.
NOTES:
- TYPE I STREAMBANK REFORESTATION SHALL BE PLANTED 3 -FEET TO
5 -FEET ON -CENTER, RANDOM SPACING, AVERAGING 4 -FEET
ON -CENTER, APPROXIMATELY 2724 PLANS PER ACRE,
STREAM
STREAMBANK REFORESTATION TYPICAL
N.T.S.
EXIST!I
PROPOSED
Itair 1'Il 1'
MIXTURE, TYPE, SIZE, AND FURNISH SHALL CONFORM TO THE FOLLOWING:
TYPE I
4 DU.
BEND
SAUX NIGRA
BLACK WILLOW
2 FT - 3 FT LIVE STAKES
CORNUS AMOMUM
SILKY DOGWOOD
2 FT - 3 FT LIVE STAKES
TYPE II
LIRIODENDRON TULIPIFERA
TULIP POPLAR
12 IN - 18 IN SR
PLATANUS OCCIDENTALIS
SYCAMORE
12 IN - 18 IN BR
PRUNUS SEROTINA
BLACK CHERRY
12 IN - 18 IN BR
BETULA NIGRA
RIVER BIRCH
12 IN - 18 IN BR
ANCHOR OVTI-
COIR
P 2"X2" (NOMINAL)
MATTING IN ON 1 -FT CEANCHOR TRENCH WOODEN STAKE
TRENCH ON 1 -FT CENTERS
•••••••I� I
FIBER N
MAT N
• • I• • • ANCHORS ON
FLOW I• 3 -FT CENTERS
. • . • • • • • • • •
#10 STEEL
ANCHORS ON 8' MIN. REINFORCEMENT BAR
1 -FT CENTERS OVERLAP
RIPRAP--"" `\
`- RIPRAP TO BE BURIED
BELOW NATURAL CHANNEL
ELEVATION AND BACKFILLED
WITH ON-SITE ALLUVIUM
STREAM RESTORATION AT CROSSING
N.T.S.
STREAM RESTORATION NOTES:
I. PLANTING OF TYPE I AND TYPE 11 BUFFERS IS
TO BE PER DETAILS.
2. NO TREES TO BE PLANTED WITHIN 3 -FEET OF
CENTER OF PIPE THROUGH STREAM BANK.
3. CONTRACTOR IS RESPONSIBLE FOR ENSURING
BOX SURVIVAL OF ALL PLANTINGS AFTER 12
MONTHS FROM COMPLETION OF CONSTRUCTION.
4. NEW 12 MONTH WARRANTY BEGINS AFTER
REPLANTING.
JOB ID
SHEET NO.
3
3 OF 3
4 DU.
BEND
TYPICAL PLAN VIEW
v
18" TYP.
FROM TOP OF BANK
COIR FIBER MAT
BACKFILL
EXISTING
ANCHORS ON
GRADE
3 -FT CENTERS
ANCHORS ON
1 -FT CENTERS
MIN.
1" (NOMINAL)
APLE
—
ANCHORS ON
-LI-_t"
MATTING SHALL BE
1 -FT CENTERS
'���
PLACED IN TRENCH
IN TRENCH
AND BACKFILLED
EXTEND MATTING
U)
TO STREAMBED
�+
J
STREAMSED
Q
F
C
W
()
TYPICAL
CROSS SECTION
J z
MATTINGz
0
COIR
FIBER MATTING DETAIL
ANCHORS
=
N.T.S.
N.T.S.
C/)•�J
p
Oz
z
U
Lu U
_
Q
z
Lu
=
H
RIPRAP--"" `\
`- RIPRAP TO BE BURIED
BELOW NATURAL CHANNEL
ELEVATION AND BACKFILLED
WITH ON-SITE ALLUVIUM
STREAM RESTORATION AT CROSSING
N.T.S.
STREAM RESTORATION NOTES:
I. PLANTING OF TYPE I AND TYPE 11 BUFFERS IS
TO BE PER DETAILS.
2. NO TREES TO BE PLANTED WITHIN 3 -FEET OF
CENTER OF PIPE THROUGH STREAM BANK.
3. CONTRACTOR IS RESPONSIBLE FOR ENSURING
BOX SURVIVAL OF ALL PLANTINGS AFTER 12
MONTHS FROM COMPLETION OF CONSTRUCTION.
4. NEW 12 MONTH WARRANTY BEGINS AFTER
REPLANTING.
JOB ID
SHEET NO.
3
3 OF 3
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh ES Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
May 13, 2016
Denise Neas
Pilot Environmental Inc.
PO Box 128
Kernersville, NC 27285
Re: Tate Solar Farm — Nash County, NC
Dear Mrs. Neas:
This letter is in response to your request for information on your proposed solar project, listed
above. Our comments are submitted pursuant to, and in accordance with, provisions of the
Endangered Species Act (the Act).
Based on the information provided and other information available, it appears that the proposed
action is not likely to adversely affect any federally -listed endangered or threatened species, their
formally designated critical habitat, or species currently proposed for listing under the Act at
these sites. We believe that the requirements of section 7(a)(2) of the Act have been satisfied for
your project. Please remember that obligations under section 7 consultation must be
reconsidered if: (1) new information reveals impacts of this identified action that may affect
listed species or critical habitat in a manner not previously considered; (2) this action is
subsequently modified in a manner that was not considered in this review; or, (3) a new species
is listed or critical habitat determined that may be affected by the identified action.
However, the Service is concerned about the potential impacts the proposed action might have
on aquatic species. Aquatic resources are highly susceptible to sedimentation. Therefore, we
recommend that all practicable measures be taken to avoid adverse impacts to aquatic species,
including implementing directional boring methods and stringent sediment and erosion control
measures. An erosion and sedimentation control plan should be submitted to and approved by
the North Carolina Division of Land Resources, Land Quality Section prior to construction.
Erosion and sedimentation controls should be installed and maintained between the construction
site and any nearby down -gradient surface waters. We recommend maintaining natural,
vegetated buffers on all streams and creeks adjacent to the project site.
In addition, we encourage the use of natural vegetation management practices (such as sheep
grazing) and the planting or seeding of native pollinator plant species where possible on the site,
If you are interested in pursuing these and other efforts to improve habitat for various species
(such as bird houses and bat boxes), please feel free to contact us.
In general, the Service recommends that solar facilities be sited in areas that are previously
disturbed, or sites that do not impact mature forest, wetlands, or streams. The North Carolina
Wildlife Resources Commission has developed a Guidance Memorandum (a copy can be found
on our website at (http://www.fws.gov/raleigh) to address and mitigate secondary and
cumulative impacts to aquatic and terrestrial wildlife resources and water quality. We
recommend that you consider this document in the development of your projects and in
completing an initiation package for consultation (if necessary).
If you have any questions or comments, please contact Kathy Matthews of this office at (919)
856-4520 ext. 27.
Sincerely,
Yeteenjamin
Field Supervisor
OA
NORTH CAROLINA STATE CLEARINGHOUSE
DEPARTMENT OF ADMINISTRATION
INTERGOVERNMENTAL REVIEW
COUNTY: NASH H11: ENERGY RELATED
FACILITIES /ACTIVIT. •- _ =
j
MS RENEE GLEDHILL-EARLEY ;4
CLEARINGHOUSE COORDINATOR ( _- ...::..-.•:......--••p� ""`
DEPT OF CULTURAL RESOURCES
STATE HISTORIC PRESERVATION OFFICE
MSC 4617 - ARCHIVES BUILDING
RALEIGH NC
REVIEW DISTRIBUTION
CC&PS - DIV OF EMERGENCY MANAGEMENT
DENR LEGISLATIVE AFFAIRS
DEPT OF AGRICULTURE
DEPT OF CULTURAL RESOURCES
DEPT OF TRANSPORTATION
UPPER COASTAL PLAIN COG
PROJECT INFORMATION
APPLICANT: N.C. Department of Commerce
TYPE: State Environmental Policy Act'y
Environmental Review
p
DESC: Application of Tate Solar, LLC for Certificate to construct a 5 MW Solar
Photovoltaic Electric Generating Facility in Nash Co. Docket #SP -5045 Sub 0. -
View document at
http://starwi.ncuc.net/NCUC/portal/ncuc/page/Dockets/portal.aspx, Type SP -5045
Sub 0 in the Docket Number search line.
Located at 6800 Taylors Gin Road, Castalia, NC
The attached project has been submitted to the N. C. State Clearinghouse for
intergovernmental review. Please review and submit your response by the above
indicated date to 1301 Mail Service Center, Raleigh NC 27699-1301.
If additional review time is needed, please contact this office at (919)807-2425.
AS A RESULT OF THIS REVIEW THE FOLLOWING IS SUBMITTED: nyl® NO COMMENT F-1 COMMENTS ATTACHED
SIGNED BY: I &.A
DATE: 3. 31
APR 2Q15
7 �
MAR 1 3 2015
LCA
0
!V
C"
0
r
O
STATE NUMBER: 15 -E -4600-045f
DATE RECEIVED: 03/06/2015
J
AGENCY RESPONSE: 04/01/2015
Q
REVIEW CLOSED: 04/06/2015
V
LL
LL
O
p
DESC: Application of Tate Solar, LLC for Certificate to construct a 5 MW Solar
Photovoltaic Electric Generating Facility in Nash Co. Docket #SP -5045 Sub 0. -
View document at
http://starwi.ncuc.net/NCUC/portal/ncuc/page/Dockets/portal.aspx, Type SP -5045
Sub 0 in the Docket Number search line.
Located at 6800 Taylors Gin Road, Castalia, NC
The attached project has been submitted to the N. C. State Clearinghouse for
intergovernmental review. Please review and submit your response by the above
indicated date to 1301 Mail Service Center, Raleigh NC 27699-1301.
If additional review time is needed, please contact this office at (919)807-2425.
AS A RESULT OF THIS REVIEW THE FOLLOWING IS SUBMITTED: nyl® NO COMMENT F-1 COMMENTS ATTACHED
SIGNED BY: I &.A
DATE: 3. 31
APR 2Q15
7 �
MAR 1 3 2015
LCA
0
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AGENT AUTHORIZATION
This form authorizes PEI to act as our agent in stream/wetland matters including U.S. Army
Corps of Engineers and North Carolina Division of Water Resources field verification and
permitting.
Property Address: -T(}7 so LI/W- U -C
FA -41 njL c-) 6L-)i4V
Owner/Applicant Information:
Name: -car► -cc Md�e4-,-PE
Address: j COL -Ve q �p
loctaixy,7ftA Oba)G
Telephone Number: (D 0,5, b 19, q 4Dc-)
Fax Number:
E-mail Address:
Signature: Date: C)5. ga . 0-0
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id, SAW -2015-02093 County: Nash U.S.G.S. Quad: NC-CASTALIA
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner: John Thomas Taylor
Address: 5216 Commadore Bluff
Suffolk, VA, 23435
Telephone Number: (757) 871-9023
Size (acres) +/-48
Nearest Waterway Pie Basket Creek
USGS RUC 03020101
COPY
Nearest Town Castalia
River Basin Uimer Tar
Coordinates Latitude: 36.0684334505061
Longitude: -78.0194127297787
Location description: This +/- 48 acre tract is part of a larger 68 acre uroaerty located directly north of Taylor's Gin
Road and a oxi d Tayl_orla Gin Road, an soulb last of
the town of Castalia Nash County North Carolina. PIN: 2884009438230.
Indicate Which of the Following Apply:
A. Preliminary Determination
X Based on preliminary information, there may be waters of the U.S. including wetlands on the above described project area
. 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). 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.
B. Approved Determination
_ There are Navigable Waters of the United States within the above described project area subject to the permit requirements
of Section 10 of the Rivers and Harbors Act 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.
_ There are waters of the U.S. including wetlands on the above described project area subject to the permit requirements of
Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
_ We strongly suggest you have the waters of the U.S. including wetlands on your project area 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.
_ The waters of the U.S. including wetlands on your project area have been delineated and the delineation has been
verified by the Corps. 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 which, 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 waters of the U.S. including 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 from the date of this notification.
Page 1 of 2
There are no waters of the U.S., to include wetlands, present on the above described project area 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 from the date of this
notification.
The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to
determine their requirements.
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 Craig Brown at 919-554-4884 x35 or
Craig.J.BrownAusace.armv.mil.
C. Basis For Determination: There may be streams within the project area that may be relatively permanent
waterways exhibitine ordinary high water marks & bed and bgnkfeatures andt2r wetlands t ibit
wetland criteria as defined in the 1987 Corps Wetland Delineation Manual and appropriate Regional Supplement. The
approximate j,Qcation of possible jurisdictional Waters of the U.S. are shown on the attached aerial photo titled:
Wetland Ma - Ta — — PEI No.
1 14i
D. Remarks: Site visit on October 1, 2015
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the
particular site identified in this request. The delineation/determination may not be valid for the wetland conservation
provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation
in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources
Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in
B. above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 1OM15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for
appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP.
Should you decide to submit an RFA form, it must be received at the above address by N/A,Wreliminary JD).
**It is not necessary to submit an RFA form to the Dyyision Ice if you do not object to the determination in this
correspondence.** �/�
Corps Regulatory Official:
Date: October 22, 2015 Expiration Date: N/A (Preliminary JD)
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at
http://re ug lL atory.usacesurvey.com/.
Attachment:
Aerial Photo Titled: "Wetland Map — Tate Solar Farm — Approximate 48 Acre Tract — Castalia North Carolina — PEI
No. 1614"
Copy:
NCDWR: Michael Brame
Address: Pilot Environmental, Inc.
PO Box 128
Kernet^aville, NC 27285
Telephone: (336) 708-4620
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
T FOR" "APPEAL
Applicant: John Taylor File Number: SAW -201 5-02093
Date: October 22, 2015
Attached is:
See Section below
INITIAL
INITIAL PROFFERED PERMIT (Standard Permit or Letter of 2e —
L il—ssioq-
A
PROFFERED
0
PROFFERED PERMIT (Standard Permit or Letter of permissiLn)
PERMIT DENIAL
PERMIIT
T
C
P O'V
P JURISDICTIONAL DETERMINATION
D
PRELIMINARY
LIMI
RELIMINARY JURISDICTIONAL DETERMINATION
E
1JW1'4 I - '1'JJV"JV'tJVWJ ' Jig JUIMR1111CS your TJgn1S ana options regaraing an aciministrative appeal of the above decision,
Additional information maybe found at http,//wWw.usace.an-ny.in�l//M i ss _ions/Civi I W orksLK Litil at ory llroryramand Perrn its, )X or
Corps regulations at 33 CFR Part 331,
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section 11 of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that You accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
APPEAL: If you choose to decline the proffered permit (Standard or LOP-) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Processby
completing Section 11 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. I
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept- orappealthe approved JD or provide new
information,
0 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 tinder the Corps of Engineers
Administrative Appeal Process by completing Section 11 of this farm and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
F: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. if you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR UESTIONS OR INFORMATION:''
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division,
Mr. Jason Steele, Administrative Appeal Review Officer
Attn: Craig Brown
CESAD-PDO
Raleigh Regulatory Field Office
U.S. Army Corps of Engineers, South Atlantic Division
3331 Heritage Trade Drive, Suite 105
60 Forsyth Street, Room 1 OM 15
Wake Forest, North Carolina 27587
Atlanta, Georgia 30303-8801
Phone: 404) 562-5137
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 o
o rtunit to participate in all site investi rations.
I?P.--
Date:
_
Telephone number:
Signature of appellant oragent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Craig Brown, Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele,
Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
U.S. ARMY CORPS OF ENGINEERS
COPY
WILMINGTON DISTRICT
Action Id. SAW -2015-02093 County: Nash U.S.G.S. Quad: NC-CASTALIA
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Tate Solar, LLC
Attn: Lorilee Mather
Address: One Cate Street
Suite 100100
Porthsmouth, NH, 03801
Telephone Number: 603-3�9-4400
Size (acres) 48
Nearest Waterway -Basket Creek
USGS HUC Q�iQ�0101
Nearest Town Castalia
River Basin MyRjr Tar
Coordinates Latitude:36.0684334505061
Location description: The nroiggt site is located MASON to 1110131„liln 1W. larva 01 his ultyranisyll nrau .,uwc s a. .+. «...•.
town of Castalia, Nash County North Carolina Aquatic resources on site drain to Pitt Basket Creek In the Tar -Pamlico River
a in
Description of projects area and activity: This permit verification allows for 121 linear feet of permanent and 26 linear feet of
temporary_ stream channel impacts from the Installation of a culvert for a road crossing for the construction of the Tate solar
farm. No mitigation is required for this proposal.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 13444)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number or Nationwide Permit Number: NWP 39 Commercial and Institutional
Developments.
SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECL9L CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted application and attached information dated 03/29/2016. Any violation of the attached
conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class
I administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or
modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of
the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are
under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the
activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone 919-807-6300) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management in Morehead City, NC, at (252) 808-2808.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact James Lastinger at 919-55"M 02 or James C LastingerAusaee army mil.
Corps Regulatory OfficOVQAO�
_ Date: 04/06/2016
Expiration Date of Veri
Determination of Jurisdiction:
A. ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project
area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
( Reference 33 CFR Part 331).
B. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act 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.
C. ❑ There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of
Section 404 of the Clean Water Act (CWAx33 USC § 1344). Unless there is a change in the law or our published regulations,
this determination may be relied upon for a period not to exceed five years from the date of this notification.
D. ® The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued 10/22/2015. Action ID: SAW -2015-02093.
Basis For Determination:
Remarks:
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as Indicated in B
and C above).
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you
must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 1OM15
Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by
**It is not necessary to submit an RFA form to the D)vision Office if you do not object to the determination in this correspondence.**
Corps Regulatory
James
Date of JD: 04/06/2016
Kywb li r�%Toq
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our customer Satisfaction Survey online at http:Hre ug 1, atory.usacesurvey com/.
Copy famished:
Agent: Pilot Environmental, Inc.
Bradley Luckey
Address: P.O. Box 128
&rnersvilic NC. 27285
Telephone Number:
Action ID Number: SAW -2015-02093 County: Nash
Permittee: Tate Solar, LLC
Lorilee Mather
Project Name: Tate Solar Farm - Castalia. Nash County
Date Verification Issued: 04/06/2016
Project Manager: James Lastinger
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Raleigh Regulatory Field Office
Attn: James Lastinger, Regulatory Specialist
3331 Heritage Trade Dr., suite 105
Wake Forest, NC 27587
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee Date
NO`I`lhlC��'I"tO� t)I` tIi11i 'I'S 1'R k VI'E',t' APPI'AL 01't'1ONS AND I'MA I;` S A, N
Applicant: Tate Solar, LLC File Number: Date:
PP 04/06/2016
Lorilee Mather
Attached is: See Section below
INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission) A
PROFFERED PERMIT Standard Permit or Letter ofpermission) B
PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at or littp:H vww,usace,aniV.nul/MissionslLivilWorkslRe*ulatorvPrograinandPei iits.asTx
or the Corps re ulations at 33 CFR Part 331. T
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section 11 of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the 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.
SECTION.It -.R.E UEST FOR: APPEAL or OBJECTIONS TO AN INITIAL, PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional infonnation to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT UF'CQNTACT. FOR UESTTONS OR INFORMATION:
If you have questions regarding this decision and/or the
_
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division
Mr. Jason Steele, Administrative Appeal Review Officer
Raleigh Regulatory Field Office
CESAD-PDO
Attn: James Lastinger, Regulatory Specialist
U.S. Army Corps of Engineers, South Atlantic Division
3331 Heritage Trade Dr., suite 105
60 Forsyth Street, Room 1OM15
Wake Forest, NC 27587
Atlanta, Georgia 30303-8801
919-554-4884 ext 32
Phone: 404 562-5137
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 investiations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: James Lastinger, 69 Darlington Avenue, Wilmington, North
Carolina 28403
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal
Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
Water Resources
EMVUlOtMMW#TAL QUALITY
April 12, 2016
Tate Solar, LLC
Attn: Lorilee. Mather
One Cate St., Ste. 100
Portsmouth, NH 03801
PAT MCCRORY
clow"Wr
DONALD R. VAN DER VAART
Sectary
S. JAY ZIMMERMAN
D~or
DWR #16-0314
Nash County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Tate Solar Farm
Dear Ms. Mather:
You have our approval for the impacts listed below for the purpose described in your
application dated March 28, 2016 and received by the Division of Water Resources (Division) on
March 29, 2016. These Impacts are covered by the attached Water Quality General
Certification Number 3890 and the conditions listed below. This certification is associated with
the use of Nationwide Permit Number 39 once it is issued to you by the U.S. Army Corps of
Engineers. Please note that you should get any other federal, state or local permits before
proceeding with your project, including those required by (but not limited to) Sediment and
Erosion Control, Non -Discharge, and Water Supply Watershed regulations.
This approval requires you to follow the conditions listed in the enclosed certification and the
following additional conditions:
1. The#oilowing.impacts arae.hereby, approved, provided that all of "*cher specific and
general conditions of the Certification are met. No other impacts are approved, including
incidental Impacts. [15A NCAC 02B .0506(b)(c))
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Stream
91 (linear feet)
0 linear feet)
Road
Stream
30 (linear feet)
0 (linear feet)
Dissipater
Division of water Rmurcea, Raleigh Regional OBioe, Water Quality Operations Section httpJ/porW.ncdew.oWwcbtwq/apa
1628 Mail Sauce Center, Raleigh, NC 27699.1628 Phone: (919) 7914200
Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: (919) 788-7159
Tate Solar Farm
DWR# 16-0314
401 APPROVAL
Page 2 of 4
Stream
0 (linear feet)
26 (linear feet)
Pump Around
2. Notification of Construction
The Raleigh Regional Office shall be notified in writing once construction at the approved
Impact area has commenced. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0502 (e)]
3. No Waste, Sgoil. Solids. or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre -Construction Notification. All
construction activities, Including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, statutes, or rules occur. [15A NCAC 02H .0501
and .0502]
4. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within
these boundaries approved under this authorization shall be clearly marked with orange
warning fencing (or similar high visibility material) for the areas that have been approved to
infringe within the buffer, wetland or water prior to any land disturbing activities to ensure
compliance with 15 NCAC 02H.0500. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC
02H.0507 (c)]
S. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification. If
you change your project, you must notify the Division and you may be required to submit a
new application package with the appropriate fee. if the property is sold, the new owner
must be given a copy of this approval letter and General Certification and is responsible for
complying with all conditions. [15A NCAC 028.0507(d)(2)]
6. This approval and its conditions are final and binding unless contested. [G.S. 143-215.51
This Certification can be contested as provided in Articles 3 and 4 of General Statute 1508 by
filing a written petition for an administrative hearing to the Office of Administrative Hearings
(hereby known as OAH). A petition form may be obtained from the OAH at
htto://www.ncoah.coml or by calling the OAH Clerk's Office at (919) 431-3000 for information.
Within thirty (30) calendar days of receipt of this notice, a petition must be filed with the
OAH. A petition is considered filed when the original and one (1) copy along with any
applicable OAH filing fee is received in the OAH during normal office hours (Monday through
Friday between 8:00am and 5:00pm, excluding official state holidays).
Tate Solar Farm
DWR# 16-0314
401 APPROVAL
Page 3 of 4
The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Mailing address for the OAH:
If sending by first Class Mail
via the US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service
(e.g. UPS, FedEx):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DENR:
Sam Hayes, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
Please send one (1) copy of the petition to DWR:
If sending by First Class Mail
via the US Postal Service:
Karen Higgins
NC DENR-DWR-401 & Buffer
Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
If sending via delivery service
(e.g. UPS, FedEx):
Karen Higgins
NC DENR-DWR — 401 & Buffer
Permitting Unit
512 N. Salisbury Street
Raleigh, NC 27604
This letter completes the review of the Division under section 401 of the Clean Water Act.
Please contact Cherri Smith at 919 791-4251 or cherri.smith@ncdenr.aov if you have any
questions or concerns.
S ce ly,
Danny Smith
Supervisor, Water Quality Regional Operations Section
Tate Solar Farm
DWR# 16-0314
401 APPROVAL
Page 4 of 4
Enclosure: GC 3890
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade
Drive, Ste. 105; Wake Forest, NC 27597
John Taylor; 5216 Commodore Bluff, Suffolk, VA 23435
Bradley Luckey; Pilot Environmental Inc.; P.O. Box 128; Kernersville, NC 27285
DWR RRO 401 file
DWR 401 & Buffer Permitting Unit