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HomeMy WebLinkAbout20190114 Ver 1_401 Application_20190123?°F VYArfgP C? < Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre -Construction Notification (PCN) Form A. Applicant Information , 1. Processing 1 a. Type(s) of approval sought from the Corps: ®Section 404 Permit El Section 10 Permit IVA 1 b. Specify Nationwide Permit (NWP) number: NWP 51 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): ® 401 Water Quality Certification — Regular ❑ Non404 Jurisdictional General Per2it0 ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization j go 1 1 4 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification:a El Yes ® No For the record only for Corps Permit: El Yes J*N 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 ®N_o ~"' 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes ® No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project: Tanager Holdings Solar 2b. County: Randolph 2c. Nearest municipality / town: Asheboro 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Margaret Millikan 3b. Deed Book and Page No. 000344/000244 3c. Responsible Party (for LLC if applicable): 3d. Street address: 1940 Gold Hill Road 3e. City, state, zip: Asheboro, NC 27203 3f. Telephone no.: 3g. Fax no.: 3h. Email address: Page 1 of 11 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. Pooja Ravindran 4c. Business name (if applicable): Birdseye Renewable Energy 4d. Street address: 1125 East Morehead Street, Suite 202 4e. City, state, zip: Charlotte, North Carolina 28204 4f. Telephone no.: 704.665.5978 4g. Fax no.: 4h. Email address: pravindran@birdseyeenergy.com S. Agent/Consultant Information (if applicable) 5a. Name: Michael T. Brame 5b. Business name (if applicable): Pilot Environmental Inc. 5c. Street address: PO Box 128 5d. City, state, zip: Kemersville, NC 27285 5e. Telephone no.: 336.708.4620 5f. Fax no.: 5g. Email address: mbrame@pilotenviro.com Page 2 of 11 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): 7762798310 Latitude: 35.751380 Longitude: - 1 b. Site coordinates (in decimal degrees): 79.782377 (DD.DDDDDD) (-DD.DDDDDD) 1 c. Property size: 39 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Deep River proposed project: 2b. Water Quality Classification of nearest receiving water: Class C 2c. River basin: Cape Fear 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 fields and wooded land. Structures are not located on the site. The site is located in a residential/agricultural area of Asheboro, Randolph County, North Carolina. 3b. List the total estimated acreage of all existing wetlands on the property: 0.627 acres 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 2,930 linear feet 3d. Explain the purpose of the proposed project: The purpose of the proposed project is to provide access and interconnection 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 development of the site with a proposed solar farm. In order to provide safe access and interconnection to the site, access roads and an associated road crossing are necessary. To facilitate development of the site and construction of the proposed stream crossing, 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 ❑ No ❑ Unknown project (including all prior phases) in the past? Comments: SAW -2017-01598 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): Michael Brame/David Brame Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. USACE JD (SAW -2017-01598) dated 10.4.17. Field visit by Andrew Williams on 8.23.17. 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. Page 3 of 11 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 11 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 [-IT ❑ 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 Fill/Pump Around Unnamed ❑ PER ® INT ® Corps ❑ DWQ 4 16/30 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 16/30 3i. Comments: The crossing will permanently impact 16 linear feet of intermittent stream channel. A ford crossing is proposed to be constructed. The area of the crossing will be excavated. The excavation will be lined with a geotextile fabric, covered with a three inch layer of #57 stone and a 14 inch layer of 6" D50 rip rap. the rip rap will be placed at the grade of the existing stream bed. The slopes leading down to the stream will be laid back to accommodate crossing vehicles. The crossing will temporarily impact 30 linear feet of intermittent stream channel for culvert pump -around. Areas of temporary impact will be Page 5 of 11 PCN Form — Version 1.3 December 10, 2008 Version restored to similar pre -construction conditions. 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. Open water impact number — Permanent (P) or Temporary 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 ❑ PEI T 02 ❑P❑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. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 K 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: Page 6 of 11 PCN Form — Version 1.3 December 10, 2008 Version 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. ❑ Neuse ❑ Tar -Pamlico ® Other: Cape Fear 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 re wired? B1 ❑P❑T El Yes ❑ No B2 ❑P❑T El Yes ❑ No B3 ❑P❑T El Yes ❑ No 6h. Total buffer impacts 6i. Comments: Buffer impacts are not proposed. D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. 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, access roads and one WoUS crossing are necessary. The road width in the location of the crossing was designed to the minimal width necessary to safely accommodate heavy equipment and tractor trailers. A ford crossing was designed to further reduce the stream impacts. With a traditional culvert, the impacts would be much larger due to necessary slopes associated with bringing the road crossing to a grade that would allow for the culvert to be installed. A rip rap dissipator would be required to prevent scour at the down -gradient end of the culvert that would create additional impacts. Additionally, the ford crossing will allow the stream to remain daylighted through its entire reach, create aquatic habitat and allow aquatic inhabitants of the stream relatively easy migration through the crossing area. The nearly perpendicular crossing has been designed to cross in an area where the stream is relatively straight and there are no wetlands, thus, minimizing impacts on the site. The solar array and necessary infrastructure (overhead/underground voltage lines, inverters, etc.) have been designed to avoid additional impacts to jurisdictional streams and wetlands. There are approximately 0.627 acres of wetlands and 2,930 linear feet of stream channel on the site. The wetlands and remaining 2,884 linear feet of stream channel are being avoided. The temporary impacts to 30 linear feet of stream channel will be restored following construction. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. The impact limits will be staked and silt fence will be used. A temporary coffer dam will be installed up -gradient of the proposed culvert. During construction, water will be pumped around the construction footprint. Appropriate bank protection will be provided in the channel during construction and all excess excavated material will be immediately removed from the crossing area. Upon completion of the culvert installation, the temporary sand bag coffer dam will be removed and flow will be diverted through the culvert. Following construction, disturbed banks will be restored to similar pre -construction conditions. 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 ElPayment to in -lieu fee program project? ❑ Permittee Responsible Mitigation Page 7 of 11 PCN Form — Version 1.3 December 10, 2008 Version 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: ❑ warm ❑ cool ❑cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. 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 8of11 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: State regulated buffers are not located on the site. 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? <10 % 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 governments jurisdiction is this project? ❑ Phase II 3b. Which of the following locally -implemented stormwater management programs ❑ NSW ❑ 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 11 PCN Form — Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes ® No use of public (federal/state) land? 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: We are not aware of a NEPA/SEPA being requded. 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 11 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? USFWS Letter dated, 8.24.17 (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. The stream that is being impacted is intermittent. Fish were not observed in this stream. 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 10.12.16 (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 3710776300J & 3710776200J Michael T. Brame 7.1.16.19 Applicant/Agent's Printed Name Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant isprovided.) Page 11 of 11 PCN Form — Version 1.3 December 10, 2008 Version Jurisdictional Determination Request D. PROPERTY ACCESS CERTIFICATION'A By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on- site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am either a duly authorized owner of record of the property identified herein, or acting as the duly authorized agent of the owner of record of the property. Print Name Capacity: ❑ Owner Q Authorized Agents 2-i9-1 Date Y. MILbI Signature E. REASON FOR JD REQUEST: (Check as many as applicable) ❑ I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all aquatic resources. ❑ I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all jurisdictional aquatic resources under Corps authority. I intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps, and the JD would be used to avoid and minimize impacts to jurisdictional aquatic resources and as an initial step in a future permitting process. ❑ I intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps; this request is accompanied by my permit application and the JD is to be used in the permitting process. ❑ I intend to construct/develop a project or perform activities in a navigable water of the U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of the tide. 8 A Corps JD is required in order obtain my local/state authorization. I intend to contest jurisdiction over a particular aquatic resource and request the Corps confirm that jurisdiction does/does not exist over the aquatic resource on the parcel. I believe that the site may be comprised entirely of dry land. R/ Other: Client has requested a JD For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E. If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a continuation sheet. 5 Must provide agent authorization form/letter signed by owner(s). Version: May 2017 Page 3 rn B. AA, 110 MILLIKAN MARGARET 1930 GOLD HILL RD teorn rot - A-11-1 A—Iw T.. A— ROD 63283 PIN 7162598310 TA ED 3984 ACREAGE PROPERTY 92181A DESCRIPTION DEED BOOK & - -.—I PAGE IF PLAT BOOK I PAGE OWNER WLLIKAN MARGARET OWNER 1910 GOLD HILL RD ADDRESS Faso 0 ER 4 OWNER CITY ASHEBORO 4 OWNER STATE MC OWNER ZIP 27201 LOCATION I'llHILL RD ADDRESS A W` GCLO I —t,ocA,ioN ZIP ASHEBOR0,27203 1.44 rn I� J t : - 0'f5t1-al $r • `vrfh rYefsdbvr� ti r • ■r s ,`ASNEri )]Rt Drawing 1 USGS Topographic Map Randleman and Asheboro, NC Quadrangles Scale: 1" = 2,000' PILOT P i. 0 T 9 N Y i R 0 N Y i N T A L. i N C USGS Topographic Map Tanager Holdings Solar Approximate 39 Acre Tract Asheboro, Randolph County, NC Pilot Project 2490 Q2 Drawing 2 USDA Web Soil Survey of Randolph County, NC Scale: 1" = 300' Hr_' i i, 1 t 0 1 1 N V i R 0 N M { N T A L. I N C G-Ovi LEGEND Site Boundary Web Soil Map Tanager Holdings Solar Approximate 39 Acre Tract Asheboro, Randolph County, NC Pilot Project 2490 N11B t GeC2 E 2 '_ ,�..�u 4 Ban sag _a;C r BtB2 air , ' 4 r EtGZ i /GcE Bibi l Central _ Falls Ch Gbc r` Gel: t E 3�. j J 61E•L I G 3( r' �� L. R t B�'c Gtn .+ j �� Ban F t.tPC P1827 r *'; Bat!_. HeC 1 i RaD RIK Bae 1 - j f,tom/(• /* +` e ac = r-- t i OF, 1 i ;.GI. s t. r CaE ,LEGEND i r '' `� CdE I Site Boundary y Drawing 2A Published Soil Map USDA Soil Survey Tanager Holdings Solar of Randolph County, NC r Approximate 39 Acre Tract Published 2006, Sheets 8 and 13LpT Asheboro, Randolph County, NC Not to Scale P 0 T iNVIR0NYINIrAC 4NC Pilot Project 2490 Drawing 3 USFWS NWI Wetlands Mapper Scale: 1" = 300' fFOT E NY i RONMONTAL.INC NWI Map Tanager Holdings Solar Approximate 39 Acre Tract Asheboro, Randolph County, NC Pilot Project 2490 MiloLEGEND Site Boundary 01%.Annual Chance Flood Hazard MRegulatory Floodvay M Sped al FI ood&ay Areaof Undetemiined Flood Hazard 0.2%Annual Chance Flood Hazard Fdure Conditions 1 %Annual Chance Flood Hazard VA Areawith Reduced Risk Due to Levee m., FEMA FIRM Drawing 4 +' f Tanager Holdings Solar National Flood Hazard Layer Approximate 39 Acre Tract From FEMA Web Map Service Pi�.YT Scale: 1" = 600' 1 Asheboro, Randolph County, NC .�. ►1 LOT l N V 111 O N Y l N T A 1. 1 N C;._ Pilot Project 2490 LEGEND Site Boundary ■ ■ ■ ■ ■ ■ Intermittent Stream Perennial Stream Wetland DP 1 O Data Point a WA (0.177 ac)� DP -3 O WC (0.450 ac) DP -1 �+ YYYYYY a 4P �♦4 J a �♦ re ,a ISCA (180 Lf) SA (120 Lf) SB (1,330 Lf) THE LOCATIONS OF FEATURES SHOWN WERE VERIFIED BY MR. ANDY WILLIAMS WITH THE USACE ON AUGUST 23, 2017. THIS EXHIBIT INCLUDES GPS LOCATIONS OF JURISIDICTIONAL FEATURES. Drawing 5 Wetland Map Aerial Imagery from ESRI Tanager Holdings Solar and Pilot GPS Data ,: Approximate 39 Acre Tract Scale: 1" = 300' PILOT ^ Asheboro, Randolph County, NC Date: 8.28.17 PILOT LNVIQONMINTAI.INC Pilot Project 2490 ------------ i- - Drainage Area: 21.80AC SANDBAGS JD CHANNEL PUMP INTAKE PUMP 653.001 652.97 VEGETATED " I I ACCESS PATH I I COMPACTED ABC STONE DRIVE APPROACH _ 650. 68 Z aZ e: eC- 4~ 4� 4, 4, ------_ 650.55 49.69 - RIPRAP STONE SECTION ----=------------------ _ 649.27 _ _ _ OUTLET PROTECTION AT PUMP DISCHARGE TO PREVENT SCOUR -------------- X$e die 4- 4. ` r _ _ _ _— 652.36 COMPACTED ABC STON\- - - --------------- r - 651.82 DRIVE APPROACH ------------ VEGETATED --_ ____ _- _ ACCESS PATH ` \ -- \ ---- --------- - r - TEMPORARY IMPACT - 30LFT PERMANENT IMPACT - 16LFT Tanager Solar - Impact Area Randolph County, NC (T SCALE: 1"= 20' 0 10' 20' 40' SAND BAGS p WATER LEVEL WORK AREA 6 MIL POLYETHYLENE PLASTIC COFFERDAM SECTION Tanager Solar - Pumped Diversion Randolph County, NC TOP OF BANK TOE OF BANK ENERGY DISSIPATION ----------- I -- WORK AREA DE -WATERING PUMP '-SILT/WATER SEPARATOR DEVICE PLAN VIEW BYPASS PUMP SUCTION HOSE FLOW IMPERVIOUS DAM NOTE: MEASURES SHOWN ARE MEANT TO CONVEY THE GENERAL INTENT. CONTRACTOR SHALL DETERMINE THE SIZE AND LAYOUT FOR MEANS AND METHODS. ABC STONE APPROACH EXISTING GRADE 24' ----------- U -M------------------------------ ' Tanager Solar - Crossing Section Randolph County, NC ABC STONE 3" LAYER OF #57 STONE 14" LAYER OF 6" D50 RIPRAP COMPACTED SUBGRADE TO 90% M.P.D. 4*'9F Q 0 J _J r Q 0 �R4E RESIDUAL _ RESIDUAL _. FA �. L _ I I' 1 I I. I N /F WILLIAM E. `NAF'D D.B. 2396, P0. 1005 P.B. 140. PG. 61 I i /ry / ��FjjJJ / . .......... Manua NF = _ ELOIBA FA TINO ' W_ D.B. 1832, Pr, 2702 P.B. 1, P:. 346 N/F ROBERT D. KEYE D.B. 2467, Pt:. 1309 P.B. 1, PG. 34G. 14/F ROBERT D. 6E,l O.B. 1920, P0. 2499 P.B. 1, PO. 346 LOT 15 & 16 EIPW REB N/F WILLIAM P. BURROW D.B. 1734, PG. 1873 P.B. 1, P0. 346 LOTS 19 THRU 22 srgE L�1... I ERM/�yII FI 1'IM81111Q0.. 1RtAu 11'G{111��1 {By' PROPOSED IMPACT AREA t R� � J Tanager Solar - Overall Site Randolph County, NC N/F JAMES H. MUPP.AI D.B. 1907. PG. 2239 P.B. 97. PG, 98 ERB SCALE: 1"= 200' 0 100' 200' 400' U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW -2017-01598 County: Randolph County U.S.G.S. Quad: Randleman NOTIFICATION OF JURISDICTIONAL DETERMINATION Applicant: Michael Brame Pilot Environmental, Inc Address: PO Box 128 Kernersville, North Carolina 27285 Telephone Number: 336-3104527 Size (acres) 39 (approximately) Nearest Town Asheboro Nearest Waterway Hasketts Creek River Basin Cape Fear USGS HUC 03030003 Coordinates Latitude: 35.751501 Longitude: -79.782327 Location description: The approximate 39 acre site is located immediately east of the Gold Hill Road and immediately south of the Ward Valley Road east of Asheboro, Randolph County, North Carolina and is identified as Randolph County PIN 7762798310 (see attached map). Indicate Which of the Followine Apply: A. Preliminary Determination X There are waters, including wetlands, on the above described property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. _ There are wetlands on the above described property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction overall of the waters, including wetlands, at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in 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. Page 1 of 2 SAW -2017-01598 _ We recommend you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can 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. If you wish to have the delineation surveyed, the Corps can review and verify the survey upon completion. Once verified, this survey will provide an accurate depiction of all areas subject to CWA and/or RHA 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. _ 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, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Andrew Williams at (919) 5544884 or Andrew.E.Williams2ausace.army.mil. C. Basis For Determination: See the attached Preliminary Jurisdictional Determination Form. D. Remarks: USACE site visit was conducted on August 23, 2017. 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 10M 15 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 Not Applicable. SAW-2017-01598 **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. * * Digitally signed by WILLIAMS.ANDREW.E.1244S61655 DN: c=US, o=Government, o .6PKI, ou=USA,cn=WLLAMS.ANDREW.E.124456155 Corps Regulatory Official: Date: 2017.10.0413:45:10-"00' Date: October 4, 2017 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:Hco!psmapu.usace.army.mil/cm_apex/f?p=136:4:0. Copy Fumished: David Brame Professional Wetland Scientist Pilot Environmental, Inc. P.O. Box 128 Kernersville, NC 27285 SAW -2017-01599 NOTMCATION OFADMINIS'I'RATiVE APPEAL OPTIONS S REQUEST FOR APPEAL Applicant: Pilot Environmental, Inc File Number: SAW -2017-01598 Date: October 4, 2017 Michael Brame Attached is: See Section below INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission) A PROFFERED PERMIT Standard Permit or Letter of ermission 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 http://www.usace.gM.mil/inet/functions/cw/cecwo/reg 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 II 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 division 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 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 QUESTIONS 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: Andrew Williams CESAD-PDO 3331 Heritiage Trade Drive, Suite 105 U.S. Army Corps of Engineers, South Atlantic Division Wake Forest, North Carolina 27587 60 Forsyth Street, Room l OM IS 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 otpoortuni to participate in all site investiations. Date. Telephone number: Signature of appellant oragent. 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 WC 2(0.450 ac) DP -1 \ I' vt �I ep WA (0.177 ac)� DP -3 0 SA (120 Lf) ISC (1,300 Lf) r i 4 i a ♦ w TSCA "• . �; (180 Lf) Site Boundary ■ ■ ■ ■ ■ ■ Intermittent Stream Potential Non -wetland Waters Perennial St-rearr Potential Non -wetland Waters wetland Potential wetland Waters DP -16J Data Point SB (1,330 Lf) THE LOCATIONS OF FEATURES SHOWN ON THIS MAP ARE PRELIMINARY. THEY HAVE NOT BEEN VERIFIED BY THE USACE AND/OR THE NCDEQ-DWR. THIS EXHIBIT INCLUDES GPS LOCATIONS OF JURISIDICTIONAL FEATURES. Drawing 5 Aerial Imagery from ESRI and Pilot GPS Data Scale: 1" = 300' Date: 7.28.17 ` PIL OT i 9 T 1% V I R O M M 1 M T A , M C Wetland Map Tanager Holdings Solar Approximate 39 Acre Tract Ward Valley Drive Asheboro, Randolph County, NC Pilot Project 2490 Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM A. REPORT COMPLETION DATE FOR PJD: October 4, 2017 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: David S. Brame, Pilot Environmental, Inc., PO Box 128, Kernersville, NC 27285 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington Regulatory Field Office, Tanager Holdings, SAW -2017-01598. D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The project site is located southeast of the intersection of Gold Hill Road and Ward Valley Road in Asheboro, Randolph County, North Carolina. It is identified as Randolph PIN 7762798310. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County/parish/borough: Randolph City: Asheboro Center coordinates of site (lat/long in degree decimal format): Lat.: 35.751380 Long.: -79.782377 Universal Transverse Mercator: WGS 84 Name of nearest waterbody: Penwood Branch E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): © Office (Desk) Determination. Date: August 22, 2017 ® Field Determination. Date(s): August 23, 2017 TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Site number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resource in review area (acreage and linear feet, if applicable) Type of aquatic resource (i.e., wetland vs. non -wetland waters) Geographic authority to which the aquatic resource "may be" subject (i.e., Section 404 or Section 10/404) SA 35.75285 79.78181 120 Lf on -wetland waters Section 404 SB 35.75084 79.77979 1,330 Lf on -wetland waters Section 404 SC 35.75047 79.78206 1,300 Lf on -wetland waters Section 404 SCA 35.74990 79.78312 180 Lf on -wetland waters Section 404 A 35.75275 79.78205 .177 ac Wetland Section 404 C 35.75024 79.78312 .450 ac Wetland Section 404 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre - construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there `may be"waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: ® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: Submitted by Pilot Environmental, Inc. ® Data sheets prepared/submitted by or on behalf of the PJD requestor. ® Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ® U.S. Geological Survey map(s). Cite scale & quad name: 1 "=2,000' Randleman and Asheboro ® Natural Resources Conservation Service Soil Survey. Citation: NRCS Soil Survey of Randolph County, Published 2006, Sheets 8 and 13 ®National wetlands inventory map(s). Cite name: USFWS NWI Wetland Mapper ❑ State/local wetland inventory map(s): ® FEMA/FIRM maps: National Flood Hazard Layer From FEMA Web Map Service E1100 -year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ®Photographs: ® Aerial (Name & Date): Unnamed and undated provided with JD sketch. or ❑ Other (Name & Date): ❑Previous determination(s). File no. and date of response letter: ®Other information (please specify): August 23, 2017 site visit. IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corns and should not be relied upon for later jurisdictional determinations. Digitally signed by ,/ ' ` WILLIAMS.ANDREW.E.1244561655 /1 •N) DN:USA, o=U.S. Governm1AMSANent, ou=DoD,1244 616PKI, /! T(" ou=USA, rn=WILLIAMSANDREW.E.1244561655 Date: 2017.10.04 13:15:21 -04'00' 7.28.17 Signature and date of Signature and date of Regulatory staff member person requesting PJD completing PJD (REQUIRED, unless obtaining the signature is impracticable)' 1 Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. COUNTY: RANDOLPH NORTH CAROLINA STATE CLEARINGHOUSE DEPARTMENT OF ADMINISTRATION INTERGOVERNMENTAL REVIEW p, H11:ENERGY RELATED FACILITIES/ACTIVITIES MS RENEE GLEDHILL-EARLEY CLEARINGHOUSE COORDINATOR DEPT OF NATURAL & CULTURAL RESOURCE STATE HISTORIC PRESERVATION OFFICE MSC 4617 - ARCHIVES BUILDING RALEIGH NC REVIEW DISTRIBUTION F51 G W M4 ll 1 FSEP 3 0 E.0.6 Lq i iiIS i C RIC GORES+ FtVA HON OFFICE ._J DEPT OF AGRICULTURE DEPT OF ENVIRONMENTAL QUALITY DEPT OF NATURAL & CULTURAL RESOURCE DEPT OF TRANSPORTATION DNCR - DIV OF PARKS AND RECREATION DPS - DIV OF EMERGENCY MANAGEMENT PIEDMONT TRIAD REGIONAL COUNCIL PROJECT INFORMATION APPLICANT: North Carolina Department of Commerce TYPE: State Environmental Policy Act Environmental Review 1oltat EW' STATE NUMBER: 17-E-4600-0209 DATE RECEIVED: 09/23/2016 J AGENCY RESPONSE: 10/19/2016 'Q REVIEW CLOSED: 10/24/2016 LL LL 0 DESC: Application of Tanager Holdings, LLC for Certificate to construct a 5 MW Solar Photovoltaic Electric Generating Facility in Randolph Co. Docket #SP -8398, Sub 0. - View document at http://starwl.ncuc.net/NCUC/portal/ncuc/page/Dockets/portal.aspx, Type SP -8398 Sub 0 in the Docket Number search. line. Located at the intersection of Ward Valley Road and Gold Hill Road, Asheboro, 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: � NO COMMENT COMMENTS ATTACHED SIGNED BY: 1` i )kf- DATE: OCT 0 3 2016 United States Department of the Interior Catherine Carston Pilot Environmental Inc. PO Box 128 Kernersville, NC 27285 PISA AND WILDLIFE SERVICE Raleigh ES Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 August 24, 2017 Re: Tanager Holdings Solar Farm — Randolph County, NC Dear Mrs. Carston: 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. 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). 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, and other efforts to improve habitat for various species (such as bird houses and bat boxes). Please note our specific recommendations, below. Invasive Exotic Species — the Service is concerned with the introduction and spread of invasive exotic species in association with the proposed project. Without active management, including the revegetation of disturbed areas with native species, the project area will likely be a source for the movement of invasive exotic plant species. Exotic species are a major contributor to species depletion and extinction, second only to habitat loss. Exotics are a factor contributing to the endangered or threatened status of more than 40 percent of the animals and plants on the Federal List of Endangered and Threatened Wildlife and Plants.' It is estimated that at least 4,000 exotic plant species and 2,300 exotic animal species are now established in the United States, costing more than $130 billion a year to control2. Additionally, the U.S. Government has many programs and laws in place to combat invasive species (see www.invasivespecies.gov) and thus cannot spend money to counter these efforts. Specifically, Section 2(a)(3) of Executive Order 13112 Invasive Species (February 3, 1999) directs federal agencies to "not authorize, fund, or carry out actions that it believes are likely to cause or promote the introduction or spread of invasive species in the United States or elsewhere." Despite their short-term erosion control benefits, many exotic species used in soil stabilization seed mixes are persistent once they are established, thereby preventing the reestablishment of native vegetation. Many of these exotics plants3 are also aggressive invaders of nearby natural areas, where they are capable of displacing already established native species. Therefore, we strongly recommend that only native plant species be used in association with all aspects of this project. Pollinator Recommendations — Although solar energy production is a fast-growing Renewable energy source that can lessen overall impacts to natural resources when compared to conventional energy sources (coal, oil, gas, etc.), we believe solar farms can adversely affect valuable natural resources if they are not properly planned and constructed. Impacts to natural resources from the construction, operation, and maintenance of solar farms include: the removal of forests and riparian buffers; creation of monotypic habitat; introduction of invasive species; use of herbicides; creation of large, clear open spaces; and barriers created from fencing. Recent evidence indicates that pollinators, especially native bees and monarch butterflies, are in serious decline. Habitat losses and diminished native food sources have decreased the populations and diversity of pollinators throughout the country. For these reasons, we recommend that solar facilities be sited in areas that are previously disturbed (fallow fields, closed industrial sites, etc.) or sites that do not impact mature forests, streams, or wetlands. To offset the overall impacts of solar facilities and/or to increase the habitat and species diversity within the solar facility area, we further recommend the following measures be implemented into project design: 2 1. Sow native seed mixes with plant species that are beneficial to pollinators throughout the site. Taller growing pollinator plant species should be planted around the periphery of the site and anywhere on the site where mowing can be restricted during the summer months. Taller plants, left un -mowed during the summer, would provide benefits to pollinators, habitat to ground nesting/feeding birds, and cover for small mammals. Low growing/groundcover native species should be planted under the solar panels and between the rows of solar panels. This would provide benefits to pollinators while also minimizing the amount of maintenance such as mowing and herbicide treatment. Using a seed mix that includes milk weed species (milk weed is an important host plant for monarch butterflies) is especially beneficial. The following website provides a comprehensive list of native plant species that benefit pollinators: https://mail.google.com/mail/u/0/#advancedsearch/subject=pollinator&subset=all&has=a nita&within=l d&sizeoperator=s_sl&sizeunit=s_smb/I 4f0366dba7d3bda?projector 1. Additional information regarding plant species, seed mixes, and pollinator habitat requirements can be provided upon request. 2. Create openings in fencing to allow passage for small mammals and turtles. 3. If possible, the solar field should be designed with open areas spread throughout the project site and planted and maintained with taller/pollinator friendly plant species. This practice would benefit pollinators, create diversity throughout the site, and provide much needed shelter islands to aid in the movement of small mammals and birds. 4. Mitigate for the loss of forested habitat. Though the loss of forested habitat cannot be fully mitigated when cleared for solar facilities, we believe measures should be implemented into the design plans to offset the impacts of the project to the greatest extent practicable. We recommend the construction and placement of bat and bird boxes throughout the site along with perch poles that are large enough to be used by raptors. 5. Provide nesting sites for pollinator species. Different pollinators have different needs for nesting sites. Therefore, we recommend designing the solar facility to maintain a diverse array of habitats to accommodate varied pollinators from hummingbirds to butterflies to bees. Hummingbirds typically nest in trees or shrubs while many butterflies lay eggs on specific host plants. Most bees nest in the ground and in wood or dry plant stems. For additional information and actions that can be taken to benefit pollinators please visit the following website: http:l/www.fws.gov/pollinators/pol linatorpsigeslyourlielp.html The Service has established an on-line project planning and consultation process which assists developers and consultants in determining whether a federally -listed species or designated critical habitat may be affected by a proposed project. For future projects, please visit the Raleigh Field Office's project planning website at httl2s://www.fws.mov/raleigW-12v.html. If you are only searching for a list of species that may be present in the project's Action Area, then you may use the Service's Information, Planning, and Consultation System (IPaQ website to determine if any listed, proposed, or candidate species may be present in the Action Area and generate a species list. The IPaC website may be viewed at https•//ecos.fws.grov/igac/. The M IPaC web site contains a complete and frequently updated list of all endangered and threatened species protected by the provisions of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.)(Act), a list of federal species of concern3 that are known to occur in each county in North Carolina, and other resources. If you have any questions or comments, please contact Kathy Matthews of this office at (919) 856-4520 ext. 27. Sincerely, Pet Benjamin Field Supervisor I Wilcove, D. S., D. Rothstein, J. Dubow, A. Phillips, and E. Losos. 1998. Quantifying threats to imperiled species in the United States. BioScience 48:607615. z Pimentel, D., L. Lach, R. Zuniga, and D. Morrison. 2000. Environmental and economic costs of nonindigenous species in the United States. BioScience 50:5365. 3 The term "federal species of concern" refers to those species which the Service believes might be in need of concentrated conservation actions. Federal species of concern receive no legal protection and their designation does not necessarily imply that the species will eventually be proposed for listing as a federally endangered or threatened species. However, we recommend that all practicable measures be taken to avoid or minimize adverse impacts to federal species of concern. 4