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HomeMy WebLinkAbout20160314 Ver 2_401 Application_20181026g bl 6,-, 0 3/ � V )- OF 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 � , 7 0 I ` \ f LINE 0 27 VC: 200.0' . PVI ETA: B EL 262.331'2.331' WPROPERTY (TYP,) PROPOSED PCCESS ROADFCl _ PRO ' II 0 / TO AREA LEASE i I I 26 / / 1 0 PROPOSED PROJECT , 1 EDGE OF TAYLOR GIN / PROPOSED ACCESS LEASE AREA j PAVED ROADWAYROAD ALIGNMENT 1 250vc: 100.0' p I mPVI ETA: I+50.00 PVI EL.: 242.897' , I .�-' ./� VC: 100.0' PVI STA: 2+77.6} 1210 ' j 24 PVI EL: 230.114' / f 1 I W \ / U 1 I 23 / I ' EXISTING GRADE ALONG) ACCESS ROAD ALIGNMENT // \ -J o �/ 9 , PROPOSED w w i LA AN LS 1 I 22 CULVERT \ /� 21 z � 1 E 0+00 0+50 1+00 1+50 2+00 2+50 3+00 3+50 4+00 4+50 5+00 5+50 6+00 6+50 7+00 7+50 O I Station U) m 17. ACCESS ROAD PROFILE --,) 0 1 I I HORIZONTAL: 1" = 50' 1 1 m VERTICAL: 1" = 10 a = i I 1 I ' U a i 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 !V C" 0 r awn f s '[ ►Al2Y WIiA111 _-S' 111 ll1L 3NL1Lf3 a ,a»/ Y Y Y.n . w P Y Mb� »Ya.+ M h ..m»��irsl ..6 ar w�i �...✓/.nr _ .... ,..,. _ .._. Lyell pis M �hnww� yww sYi PveM w� Mua. �wrno, a+q wiw � �v„y,+t.. nuM ws..r w.,g�iwa I � S213Sf1 01 S31ON C=; aLG•n .;w'.w CSO . ... r.,..+.. r..7 MIR 1111 ) c` VNPIONVJ H1NON 7IMISMI0001! S^l Wild MK ism i+1.21�ra j fOYY'El � 8o0'f ..s 31M9 /M • `1M L v.• �1...vx «+x.a rw+tls M.hbrM+- ' o� afan .vYv mu.w�wuKxux Q n' Kra. «nsas a, x.K„Y .�tlm w,xm A.r. ��ry ++��wv Wvvr•+w azv r'�' .awQT N ♦b v NIF nMRt>tl •.n �- Y+...rm � YYN. "'gyp:: "tiAs•ir;-�"",.•^i i �, *+v n.�"a. �)W.iJ n G15 ON3031 m�V xaww i '1I nw.rwYx' N .YYa®A Yi�.a+YtlY ~iy �� MIT W w.xr ba rw� ,n•x YX� JM m�irvP c .0 rrirw. mnuwan v «`.K `unnJ ^MuJ•us wwi beF .wE «.�fy.. frwar r rwn+e. ww Wrw...r<w•M y.'r. .f..ca W EIYI+.+•i. rva..0 E.Y Yht AMW YI ♦AYl .nrw.N vwY M Y A<wWr a a+. YII a +YY MOIIMhON EIfII�Y 1 ra. Yf11r7YIC IIO1VJOt t)E/Y/ Yell/ YMfOM YIIION •Ka.r p.>.n aw.+> we,eorr w rKw+ � w�""u"o .Y a. .n�wa w�waia.». r,� a ,a»/ Y Y Y.n . w P Y Mb� »Ya.+ M h ..m»��irsl ..6 ar w�i �...✓/.nr . r ski. '.tYYf pis M �hnww� yww sYi PveM w� Mua. �wrno, a+q wiw � �v„y,+t.. nuM ws..r w.,g�iwa S213Sf1 01 S31ON m�V xaww i '1I nw.rwYx' N .YYa®A Yi�.a+YtlY ~iy �� MIT W w.xr ba rw� ,n•x YX� JM m�irvP c .0 rrirw. mnuwan v «`.K `unnJ ^MuJ•us wwi beF .wE «.�fy.. frwar r rwn+e. ww Wrw...r<w•M y.'r. .f..ca W EIYI+.+•i. rva..0 E.Y Yht AMW YI ♦AYl .nrw.N vwY M Y A<wWr a a+. YII a +YY MOIIMhON EIfII�Y 1 ra. Yf11r7YIC IIO1VJOt t)E/Y/ Yell/ YMfOM YIIION 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