20171301 Ver 2_401 Application_20190225

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opG Office Use Only:
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r Corps action ID no.
o DWQ project no.
Form Version 1.3 Dec 10 2008
Pre -Construction Notification PC Form
A. AppHcant Information
1. Processing
1a. Type(s) of approval sought from the
Corps:
® Section 404 Permit El Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: NWP 12 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 ❑ Non -404 Jurisdictional General Permit
[:1401 Water Quality Certification — Express ® Riparian Buffer Authorization
1 e. Is this notification solely for the record
because written approval is not required?
For the record only for DWQ 401
Certification:
❑ Yes ® No
For the record only for Corps Permit:
❑ Yes ® No
1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu
fee program.
❑ Yes
® No
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:
Fox Creek Solar Farm
2b. County:
Franklin
2c. Nearest municipality / town:
Louisburg
2d. Subdivision name:
2e. NCDOT only, T.I.P. or state
project no:
3. Owner Information
3a. Name(s) on Recorded Deed:
The Minerva Group, LLC
3b. Deed Book and Page No.
1478/596 & 1663/455
3c. Responsible Party (for LLC if
applicable):
3d. Street address:
107 Riverbend Circle
3e. City, state, zip:
Louisburg NC 27549 F
3f. Telephone no.:
919.496.900314
3g. Fax no.:
3h. Email address:
D
[e-mail]
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:
Mr. Geoff Fallon
4c. Business name
(if applicable):
Fox Creek Farm Solar, LLC
4d. Street address:
3250 Ocean Park Boulevard, Suite 355
4e. City, state, zip:
Santa Monica CA, 90405
4f. Telephone no.:
310.581.6299
4g. Fax no.:
4h. Email address:
[e-mail]
5. 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:
[e-mail]
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):
2816-24-6936 & 2816-55-8745
1 b. Site coordinates (in decimal degrees):
Latitude: 36.11761 Longitude: - 78.27082
(DD.DDDDDD) (-DD.DDDDDD)
1c. Property size:
310 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
Fox Creek
proposed project:
2b. Water Quality Classification of nearest receiving water:
C, 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 agricultural fields and wooded land. A residential structure, a partially renovated residential structure, a
storage shed and remnants of two agricultural structures are located on the site. A cemetery is located on the
southeastern portion of the site. The cemetery is not proposed to be disturbed by the project. The site is located in a rural
area of Louisburg, Franklin County, North Carolina
3b. List the total estimated acreage of all existing wetlands on the property:
--49.98 acres
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
—12,525 LF of stream and —4 Ac of open -water ponds
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. To facilitate development of the site
and construction of the proposed stream crossings, clearing and grading is necessary. Graders, haulers, excavators and
other heavy equipment will be used during site development.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past?
® Yes ❑ No ❑ Unknown
Comments: USACE SAW -2016-00609, SAW -2017-00496 &
DWR TPBRRO# 16-062
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: ECS
Name (if known): Unknown
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
SAW -2016-00609=3.18.17, SAW -2017-00496=4.6.16 & NCDWR TPBRRO# 16-062=3.29.16
Page 3 of 11
PCN Form — Version 1.3 December 10, 2008 Version

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 applicant previously received a NWP 12/14 Verification from the USACE (SAW-2016-00609v2, dated 1. 18.18) and a
401 WQC from the NCDEQ-DWR (DWR#17-1301, dated 11.16.17). The applicant did not construct Crossing #1 due to
being able to obtain a permanent easement and site access from the north of the site from Moultron Road and Ball Airport
Road. Additionally, due to field conditions and encountering rock, the applicant moved Crossing #2 further down-gradient
and did not install stream bank stablization measures.
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 streams/wetlands, outside of those proposed in this application,
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)
TemDorary T
W1 ®P ❑ T
Conversion
Bottomland
Hardwoods
® Yes
❑ No
® Corps
El
0.08
W2 ®P ❑ T
Conversion
Bottomland
Hardwoods
® Yes
❑ No
El Corps
❑DWQ
0.015
W3 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W4 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W5 ❑ P [-IT
❑ Yes
❑ Corps
❑ No
❑ DWQ
W6 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
2g. Total wetland impacts
0.095
2h. Comments: Wetland impact #1 will permanently convert 0.08 acres of forested wetland to herbaceous wetland. Wetland
Impact #2 will permanently convert 0.015 acres of forested wetland to herbaceous wetland. Net loss of wetlands is not
proposed. Mitigation is not proposed for wetland impact.
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 [-IT
❑ PER
❑ Corps
❑ INT
❑ DWQ
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
3i. Comments: Stream impacts are not proposed.
Page 5 of 11
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 T
01 ❑P❑T
02 ❑P❑T
03 ❑P❑T
04 ❑P❑T
4E Total open water impacts
4g. Comments: Open water impacts are not being proposed.
5. Pond or Lake Construction
If pond or lake construction proposed, the 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 pondsNakes 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 DWO)
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 El Tar -Pamlico ®Other: Jordan Lake
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?
B1 ®P ❑ T
Road
Crossing
UNT To Fox Creek
❑ Yes
® No
2,250
2,970
B2 ❑P❑T
El Yes
❑ No
B3 ❑P❑T
❑Yes
❑ No
6h. Total buffer impacts
2,250
2,970
6i. Comments: Mitigation for buffer impacts is not proposed.
Page 6 of 11
PCN Form — Version 1.3 December 10, 2008 Version

D. Impact Justification and Mitigation
1. Avoidance and Minimization
la. 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, an access road must be improved to provide interconnectivity of
the site during construction and long term maintenance of the site as a utility scale solar farm. The applicant utilized a pre-
fabricated bridge span to avoid impacts to the stream. The crossing location was selected in an area that avoided impact to
wetlands.
The applicant was able to avoid the previously authorized impacts associated with the former Crossing #1 (0.19 acres of
wetland fill and 3,400 SF Zone 1/2,425 SF Zone 2 of buffer impact) by obtaining permanent access from the northern portion
of the site.
The remaining areas of solar array and necessary infrastructure (overhead/underground voltage lines, inverters, etc.) have
been designed to avoid impacts to jurisdictional streams, associated surface water buffers and wetlands.
There are approximately 49.98 acres of wetlands, 12,525 feet of stream channel and 4 acres of open water ponds located on
the site. The 12,525 feet of stream channel and 4 acres of open water ponds are being avoided. The remaining approximate
49.88 acres of wetlands have been 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 and SSCF outlets will be installed. Diversion dikes will be installed to maintain
diffuse flow through buffers. The diversion dikes will tie into S&EC devices during construction and will remain following
construction to maintain diffuse flow. Following construction, disturbed areas will be immediately re -seeded and matted.
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
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:
NA linear feet
4c. If using stream mitigation, stream temperature:
❑ warm ❑ cool ❑cold
4d. Buffer mitigation requested (DWQ only):
NA square feet
4e. Riparian wetland mitigation requested:
NA acres
4f. Non -riparian wetland mitigation requested:
NA acres
4g. Coastal (tidal) wetland mitigation requested:
NA acres
4h. Comments:
5. Complete If Using a Permittee Responsible Mitigation Plan
Page 7 of 11
PCN Form —Version 1.3 December 10, 2008 Version

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 Z 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: Buffer mitigation is not proposed.
Page 8 of 11
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.
Comments: The applicant will use diversion dikes to maintain diffuse flow through
® Yes ❑ No
riparian buffers.
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 anticipate to be 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
❑ 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)?
1c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.)
❑ Yes ® No
Comments: We are not aware of a NEPA or SEPA being 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 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 9.12.17 (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. Best
management practices and the use of temporary sediment and erosion control devices will prevent sediment from entering
down -gradient waterbodies which may contain habitat.
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?
Attached SHPO coorespondence.
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 FIRM 3720281600J
Digitally signed by Bradley S. Luckey
DN: r cn=Bradle y S. Luckey o=Pilot
Bradley S. Luckey
y -- Environmental, Inc., ou,
/ rR emall=[e-mail],
2,19.19
c --US
V Date: 2019.02.19 0532:48 -05'00'
Applicant/Agent's Printed Name
Applicant/Agent's Signature
Date
(Agent's signature is valid only if an authorization letter from the applicant
is rovided.
Page 11 of 11
PCN Form — Version 1.3 December 10, 2008 Version

DocuSign Envelope ID: E91E9338-2D97-4783-A11E-0723E2CB14A2
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: 245 TK Allen Road, Louisburg, NC 27549
Applicant Information:
Name: Fox Creek Farm Solar, LLC
Address: 3250 Ocean Park Blvd
Suite 355
Santa Monica, CA 90405
Telephone Number:
Fax Number:
E-mail Address:
310 5816299
[e-mail]
Docu3igned by:
Jb4 4auht- 9/18/2017
Signature: Date:

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' EX -1

United States Department of the Interior
Brad Luckey, PWS
Pilot Environmental Inc.
P.O. Box 128
Kernersville, NC 27285
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh. North Carolina 27636-3726
September 12, 2017
Subject: Fox Creek Solar - Franklin County, NC
Dear Mr. Luckey:
This letter is in response to your August 18, 2017 request for information concerning Federally -
listed species at the Fox Creek Solar Site, located along NC Highway 561, in Louisburg,
Franklin County, North Carolina. U.S. Fish and Wildlife Service (Service) staff also discussed
this project and others with you through email and during an August 30, 2017 conference call.
Our comments are submitted pursuant to, and in accordance with, provisions of the Endangered
Species Act (the Act). The Service has reviewed the maps provided for the proposed project and
various sources of information concerning the area. According to the submitted information, the
project site is has been identified for the potential installation of a solar facility. The site consists
of agricultural and forested lands. There are several wetland areas and stream reaches of various
sizes on the property, including Fox Creek, which drains to the Tar River. There appear to be at
least five stream reaches on the project site, although the project information provided does not
discuss any of the stream reaches in detail. There are an unknown number of road crossings
proposed.
Federally Protected Species
If your project contains suitable habitat for any of the Federally -listed species known to be
present within Franklin County, the proposed action has the potential to adversely affect those
species. The Service has reviewed its Geographic Information System (GIS) database for
recorded locations of Federally -listed threatened and endangered species on or adjacent to the
proposed project site. The GIS database is a compilation of data received from several sources.
The current Federally -listed species that are known to be present in the county include
Michaux's sumac (Rhus michauxii), dwarf wedgemussel (Alasmidonta heterodon), and Tar River
spinymussel (Elliptio steinstansana). The yellow lance (Elliptio lanceolata), found in this
county, is proposed for listing. The Atlantic pigtoe (Fuscvnaia masoni) and Carolina madtom

2
(Noturus furiosus), both found in Franklin County, are currently listed by the Service as Federal
Species of Concern (FSC) and are being considered for listing as threatened or endangered.
Additional guidance concerning these species may be found on our website at
http://www.fws.gov/raleiL,h/es tes.html.
Based on information you submitted, the Service concurs with your determination of not likely
to adversely affect for Michaux's sumac.
Aquatic Species
Our data indicates that all of the aquatic species listed above (dwarf wedgemussel, Tar River
spinymussel, yellow lance, Atlantic pigtoe, and Carolina madtom) are present in Fox Creek
and/or the Tar River in the vicinity and downstream of the project site. Surveys have not been
conducted in the stream reaches on the project site. However, the project information indicates
that the reach of Fox Creek on the property appears to have suitable habitat for dwarf
wedgemussel and Tar River spinymussel. It is possible that many of the other stream reaches on
the site are occupied by one or more of the aquatic species listed above, and all of them drain to
occupied habitat.
According to emails sent to our office on September 8 and September 11, 2017, the project
developer proposes to use bottomless arch culverts for all of the stream crossings on the site and
to have an approved sediment and erosion control plan from the State. Because of these
commitments, the Service believes that the project is not likely to adversely affect the dwarf
wedgemussel, Tar River spinymussel, yellow lance, and other aquatic species listed above. We
also recommend that any wetlands on-site be preserved and that vegetated stream buffers, as
wide as possible but up to 200 feet (each side), be established and maintained for the
jurisdictional stream reaches on the site, in order to protect water quality downstream for these
aquatic species.
Other resources
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 to Address and
Mitigate Secondary and Cumulative Impacts to Aquatic and Terrestrial Wildlife Resources and
Water Quality (a copy can be found on our website at
http://www.fws.gov/raleigh/es—consultation.html).

We appreciate the opportunity to comment on this project. If you have any questions concerning
these comments, please contact Kathy Matthews at [phone], Ext. 27, or by e-mail at
<kathryn_matthews@fws. gov>.
Sincerely,
�
Pete Benjamin
Field Supervisor
cc; Gabriela Garrison, NCWRC

COUNTY. FR.7=---N
NORTH CAROLINA STATE CLEARINGHOUSE
DEPARTMB'NT OF ADMINISTRATION
INTERGOVERNMENTAL REVIEW
Ell: EN3RGY R7T�ATED
FAC ILITIES jACTIVITIES
:•IS REP -E GLEDF--_LL-EARLEY
CLE-+4PIKGHOJSE CO.ORDT-INATOR
rEFT OF C*1I,:TLIPAL RESOURCES
STATE Fi_STCRIC F ESERVRTION CFFiCS
MSC_ 461.77 - A1ZC--41775 BUT"•_,DING
P.ALEIG PiC
REVIEW DISTRIBUTION
DEPT OF AGRICULTURE
rF,PT OF CULTURAL F.. SOURCES
DEFT OF 'EMr XON` -_—NAL QUALITY
DEPT OF `:1-RANSPORTA' 'TUM
DPS - DIV OF EMERGENCY MANAGEMENT
KER , TAR REGIONAL COG
A
PROTECT INFORMATION
APP7JIC_ NT : N.C. Department OZ CO[tuuer-;v
TYPE: State Environmental Policy Act
Environmental Review
DLSC: Applieazion of Fox Creek _arm, LLC for a Ce_tifieate to construes a 50.2 -MW Solar
Facility in Franklin C.., Docket 4SF'-6050 Sub 0. - View document a?
htYp::`istarw' .ncuc.nat; hCL?C/porta'.; ncuc,'pa.ge,,Docker.E:,'portal .aspx, rrLype SP-6U5U
Stab 0 .1.n the ']ocket Number sea-^ry. lire.
Located at 925 NC Niyhv:ay 551, LouiSbL;rg, NC
The attached project has been submitted to the N. C. S -.ate Clearinghouse for
ntergovernment.al review. Please review and submit your response by the above
ina»caCed date -o 1301 mail Se:vicc Center, Raleigh NC 27699-_301.
T€ additional review time is needed., please ccnta.ct this n-fi.ce at ;919j807-2425.
AS A RESULT OF THIS R VIE►] =13E FOL',OWIN = =S SUB[[ 'ITED:El
SIGK!;! D BY: fail i a
ci
Pio =A-IRNT & I COMMEENTS ATTACHED
DATE : /Ci , ;3 ; . 7
1�. W - . ..
DEC 0 4 2015
Imp
IL
STATE NMt-MER: 16 -E -46n0-0150
DATE RECEIVEDt 11/30/2C15
J
AGENCY RESPONSE: 12/25/2015
Q
REVIEW CLOSED: 1.2;30/2015
ci
W
U.
0
ti�
A
PROTECT INFORMATION
APP7JIC_ NT : N.C. Department OZ CO[tuuer-;v
TYPE: State Environmental Policy Act
Environmental Review
DLSC: Applieazion of Fox Creek _arm, LLC for a Ce_tifieate to construes a 50.2 -MW Solar
Facility in Franklin C.., Docket 4SF'-6050 Sub 0. - View document a?
htYp::`istarw' .ncuc.nat; hCL?C/porta'.; ncuc,'pa.ge,,Docker.E:,'portal .aspx, rrLype SP-6U5U
Stab 0 .1.n the ']ocket Number sea-^ry. lire.
Located at 925 NC Niyhv:ay 551, LouiSbL;rg, NC
The attached project has been submitted to the N. C. S -.ate Clearinghouse for
ntergovernment.al review. Please review and submit your response by the above
ina»caCed date -o 1301 mail Se:vicc Center, Raleigh NC 27699-_301.
T€ additional review time is needed., please ccnta.ct this n-fi.ce at ;919j807-2425.
AS A RESULT OF THIS R VIE►] =13E FOL',OWIN = =S SUB[[ 'ITED:El
SIGK!;! D BY: fail i a
ci
Pio =A-IRNT & I COMMEENTS ATTACHED
DATE : /Ci , ;3 ; . 7
1�. W - . ..
DEC 0 4 2015
Imp

v5T^rra
North Carolina Departinent of Natural and Cultural Resources
State Historic Preservation Office
Ramon M. riarW:.. A&Tiniwatm
Gor%errxx Pat McCrory
secretary su5ar. Mules
December 22, 2015
MhMORANt L.Vt.
Office of Anhiaes and ff'srory
De rrty Sewrtary Kevir Cimary
'VO: Crystal Bast
North Carolina State Clearinghouse
Department of Administration
FRf7W Ramona .M. Hartosl2v.. „fit-
1.}
SUBJECT: Construct 50 MW Fox Creek Solar Faun, 925 NC 561, Louisburg, Franklin County,
CC7 15-2713
Thank you for your application of Novemlvr 30, 201.5, concerning the above -referenced undertaking. We
have reviewed the rnalcrials submitted and offer the following commerr.ts.
There are no known archaeological sites within the proposed project area. Based on our knowledge of the
area, it is unlikely that any archaeological resources that inay he eligible for inclusion in the National.
Register of.Historic Places will he affected by the project. We, therefore, recommend that no
archaeological investigation be conducted in connection with this prqjeut.
Carolina Solar Energy proposes construction of a 54 MW solar farm on the north side of NC Highway 561
in Louisburg. It appears, from the plans provided, that the project area significantly overlaps the boundaries
of the National Register -listed Massenhurg Plantation (FK00IS) and runs along the northern boundary of
the National Register -listed. Massenburg Plantation Boundary Expansion and Additional Doctrmcntalion
(FK0292) properly.
The Massenhurg Plantation, according to the National Register nomination, "is [considered) a.
representative and complete nineteenth century plantation complex, including a. dwelling expanded liom an
earlier house in 18398, a. cotton ¢in, smokehouse, office, barns, corncrib. acrd other outbuildings.
The installation of a solar farm within the boundaries of the vtassenburg Planation, especially the
introduction of a chain link security fence and the fields of solar panels will adversely affect the historic
property. To avoid the adverse effect of the fence and rows of pastels on the viewshed of the house and
associated outbuildings, it will. lac neccssa.ry to provide a dense evergreen builer along the fence line on the
north, cast and west side of the Massuriburg Plantation and along the. north and east side of the Massenbutg
Plantation Boundary Expansion site. Please develop plans for such a buffer and provide them to use for
review and comment. We will offer additional comments once use have had the opportunity of reviewing
the plans.
r orxdon: lir!) FM tunes Strc3, Raleigh NC 2750':

`Me above comments are made piir.,uant to Section. 106 of the Nation.a.l .Histioric Preservation Act anis the
Advisory Councif oIl Historic Preservation's Rogulat:ions for Compliance with Section 106 codified at 36
CFR Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the alive comment,
contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579 or
enti,ii;c�jzmenta�_re�ietwiattic�fcm2_v_ In all future communication concern.in;this Ixojeet, please cite the
above referenced tracking number.

FOX CREEK FARM SOLAR, LLC
400 West Main Street, Suite 503 Durham, NC 27701
919-682-6822
27 January 2016
RE: Response to NCDNCR's comments on Fox Creek Solar Farm, 925 NC 561, Louisburg, Franklin County
CH 15-2713
North Carolina Utilities Commission Docket SP -6050, Sub 0
Ramona M. Bartos
North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
4617 Mail Service Center
Raleigh NC 27699-4617
Dear Ms. Bartos:
I am writing to address the comments presented in your memorandum dated December 22, 2015 to the North
Carolina State Clearing House regarding the proposed Fox Creek Solar Farm at 925 NC 561 near Louisburg in
Franklin County, and its proximity to the National Register -listed Massenburg Plantation (FK0015).
The original application for the Massenburg Plantation to the National Register of Historic Places made by Bill
Lord in 1975 included property that he owns with his wife Susan Guerrant, as well as sections of property that
are currently owned by The Minerva Group (see attached copy of the Massenburg Plantation boundary map).
The 1975 application to the National Register of Historic Places covers 20 acres, whereas Bill Lord and Susan
Guerrant own approximately 5 acres of land where the original Massenburg Plantation home is sited. An
affiliate of Fox Creek Farm Solar, LLC has an agreement with The Minerva Group to purchase all of their
property for construction of the Fox Creek Solar Farm.
Since submission of the CPCN application for Fox Creek, we have worked together with The Minerva Group
and Bill Lord in order to preserve additional acreage of the Massenburg Plantation prior to construction of Fox
Creek Solar Farm. The Minerva Group has come to agreement with Bill Lord and his wife Susan Guerrant to sell
a section of land (approximately 2.5 acres) that lies between the Massenburg Plantation house, and the
Massenburg Plantation boundary expansion property. There are some outbuildings on these 2.5 acres that
made up part of the original Massenburg Plantation (see map attached of the section that The Minerva Group
intends to sell to Bill Lord and Susan Guerrant). The sale of this property will preserve three outbuildings, as
well as connecting Bill Lord and Susan Guerrant's existing three properties which contain various buildings
comprising the Massenburg Plantation.
Fox Creek Farm Solar, LLC is modifying our site layout in order to remove the solar panels that were located on
that 2.5 acre parcel. An excerpt of our detailed site plan is attached and shows the updated site boundary.
The site plans also depict the evergreen buffers requested in your memorandum. In accordance with the
Franklin County ordinance, the buffers will be 20 feet wide and will be planted outside the fence surrounding
the solar farm. The buffers will consist of two rows of large evergreen shrubs, set 10 feet apart. The

FOX CREEK FARM SOLAR, LLC
400 West Main Street, Suite 503 Durham, NC 27701
919-682-•6822
evergreen shrubs will be a minimum of six feet high at the time of planting and will be planted 15 feet apart. A
diagram of the buffer is attached.
To avoiding the removal of existing trees, any existing vegetation within the proposed buffer footprint will be
incorporated into the buffer. A local landscaping company will be contracted to maintain the buffer
throughout the life cycle of the solar farm to ensure the fence and panels will be shielded from the view of the
the Massenburg Plantation.
Please let me know if any additional information about the solar farm and its associated buffers would be
helpful as you continue to review our application. If you would like to see the complete set of detailed
engineering site plans, please let me know.
Thank you,
V "ILAI
Rachel Donahue
[e-mail]

Massenburg Plantation Historic Preservation Office Boundary Map.
C gis.ncdcr.gov
400-
100 0
00m1000 ft
m.jk*jIFIFIW-7M4Tm
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Latitud.:36.125068 L—git udm-78.261707 Scat. I: 9027.9
Ft:0855 H�s.
Plantation 1975
tpanskm and Additional Daamantation 2000
F

Current southern parcel boundary (in red) of Parcel Number 017965 owned by The Minerva Group LLC.
r �iaps/2.roktech.net

Franklin County GIS map with comments.
F (; maps2.roktech.net

. 11'� o1. :.:+S11W C,002
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Note: Parcels 8, 9, and 10 are currently owned by Bill Lord and the land between 9 and 10 is the land that will be sold to Bill Lord.
LARGE EVERGREEN
SCREENING SHRUB MIN. r FT.
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BUFFER YARD SCREENING DETAIL
,vT-S.

PRELIMINARY JURISDICTIONAL DETERMINATION FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD): April 6.2016
B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD:
ECS Limited
Attn• Paul Stephens
"91 Glenwood Ave
Raleigh. NC 27617
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington. Fox Creek Farms/1654 NC Hwy
39/Louh6urd1mklin County, SAW -2016-00609
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The project area L approximately 400 acres
within two existing tracts Identified by PINS 027610 and 017965. and is located adincent to Moulton Rd., near the town of
Louisburg. Franklin -County, North Carolina. Please see the attached map and waters Inventory table for approximate
size and location of waters on slte.
(USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES)
State: NC County/parish/borough: Franklin City: Franklin
Center coordinates of site (lat/long in degree decimal format): Lat. 36.1275516607030 N, Long. -78.27192529067590 W.
Universal Transverse Mercator.
Name of nearest water body: Sycamore Creek
Identify (estimate) amount of waters in the review area:
Non -wetland waters: 12,525 linear feet: 2-10 width (ft) and 4 acres (2 ponds).
Cowardin Class: Riverine and Lacustrine
Stream Flow: Intermittent and perennial
Wetlands: 49.98 acres.
Cowardin Class: Forested and emergent
Name of any water bodies on the site that have been identified as Section 10 waters:
Tidal:
Non -Tidal:
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLIES):
❑ Office (Desk) Determination. Date:
® Field Determination. Date(s): March 29, 2016
1. The Corps of Engineers believes that there may be jurisdictional waters of the United States on the subject site, and the permit
applicant or other affected party who requested this preliminary JD is hereby advised of his or her option to request and obtain an
approved jurisdictional determination (JD) for that site. Nevertheless, the permit applicant or other person who requested this
preliminary JD has declined to exercise the option to obtain an approved JD in this instance and at this time.
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 approved JD for the activity, the permit applicant is hereby
made aware of the following: (1) the permit applicant has elected to seek a permit authorization based on a preliminary JD, which
does not make an official determination of jurisdictional waters; (2) that the applicant has the option to request an approved JD
before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an approved JD
could possibly result in less compensatory mitigation being required or different special conditions; (3) that 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) that 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) that
undertaking any activity in reliance upon the subject permit authorization without requesting an approved JD constitutes the
applicant's acceptance of the use of the preliminary JD, but that either form of JD will be processed as soon as is practicable;
(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 preliminary JD constitutes agreement that all wetlands and other water bodies on
the site affected in any way by that activity are jurisdictional waters of the United States, and precludes 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 approved JD or a preliminary JD, that JD will be processed as soon as
is practicable. Further, an approved JD, 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, and that in any administrative appeal,
jurisdictional issues can be raised (ser 33 C.F.R. 331.5(ax2)). If, during that administrative appeal, it becomes necessary to make
an official determination whether CWA jurisdiction exists over a site, or to provide an official delineation of jurisdictional waters
on the site, the Corps will provide an approved JD to accomplish that result, as soon as is practicable.
This preliminary JD finds that there "may he" waters of the United States on the subject project site, and identifies all aquatic
features on the site that could be affected by the proposed activity, based on the following information:
SUPPORTING DATA. Data reviewed for preliminary JD (check all that apply - checked items should be included in case
file and, where checked and requested, appropriately reference sources below):
® Maps, plans, plots or phrt submitted by or on behalf of the applicant/consultant: ECS.
® Data sheets prepared/submitted by or on behalf of the applicant/consultant.
® Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report.
❑ 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"-1,00 feet 1984 Justice quad.
® USDA Natural Resources Conservation Service Soil Survey. Citation: 2004 Franklin county sheets 5, 10.
® National wetlands inventory map(s). Cite name: USFWS NWI mapping program.
❑ State/Local wetland inventory map(s):
® FEMA/FIRM maps: 2004 FIRM map.
❑ 100 -year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
® Photographs: ® Aerial (Name & Date):
or ❑ Other (Name & Date):
❑ Previous detcxmination(s). File no. and date of response letter.
❑ Other information (please specify):
ntJal/ftnW by
LASTINGERJAME'Ask ,s"�',,, 2'0°
MeK
S.C.13636424O0 01"OoO'°�'°-t's'
,3636,2400
tyre 2016.04.0610:23:01-04W
Signature and date of Signature aad dao of
Regulatory Project Manager person requesting preliminary JD
(REQUIRED) (REQUIRED, unless obtaining the signature is
Impracticable)

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: ECS Attn: Paul Stephens File Number. SAW -2016-00609
1 Date: April 6 2016
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
nj APPROVED JURISDICTIONAL DETERMINATION
D
01 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 bM://www.usace.army.mil/inet/functionslcwlcecwoilMg 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 1D 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 U - 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
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 l OM 15
Wake Forest, NC 27587 Atlanta, Georgia 30303-8801
919-554-4884 ext 32 Phone: [phone]
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 ortunity to participate in all site investi ations.
Date.
Telephone number:
Signature of appellant oragent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: , 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 1OM15, Atlanta, Georgia 30303-8801
Phone: [phone]

Site Number
W1/W3
W2
W4
WS
W6
W8
W9
S1/S4/Fox Creek
S2
S3
S5
S6
S7
S8
S9
upper Pond
lower pond
Latitude
36.124176° N
36.1237950 N
36.1304280 N
36.123263' N
36.129125' N
36.130301° N
36.1339480 N
36.124274° N
36.1303340 N
36.126950' N
36.1304020 N
36.1254810 N
36.121985° N
36.122370' N
36.122004° N
36.132640 N
36.1308°N
Longitude
78.267235° W
78.265307° W
78.2742340 W
78.272629° W
78.2765680 W
78.2797700 W
78.2786760 W
78.2672400 W
78.267331' W
78.266614' W
78.2702900 W
78.2742210 W
78.272795' W
78.273486° W
78.2739080 W
78.2786' W
78.2776° W
Cowardin Class
Riverine/Forested
Palustrine/Forested
Palustrine/Emergent
Riverine/Forested
Palustrine/Forested
Lacustrine/ Emergent
Lacustrine/ Emergent
Riverine/Forested
Riverine/Forested
Riverine/Forested
Riverine/Forested
Riverine/Forested
Riverine/Forested
Riverine/Forested
Riverine/Forested
Impoundment
Impoundment
Estimated amound of aquatic
resource in review area
40 acres
0.3 acres
0.3 acres
9 acres
0.05 acres
0.3 acres
0.03 acres
5,000 LF
650 LF
75 LF
1,250 LF
4,500 LF
700 LF
250 LF
100 LF
-2 acres
^2 acres
Class of aquatic resource
Non -section 10 - wetland
Non -section 10 - wetland
Non -section 10 - wetland
Non -section 10 - wetland
Non -section 10 - wetland
Non -section 10 - wetland
Non -section 10 - wetland
Non -section 10 - non -wetland
Non -section 10 - non -wetland
Non -section 10 - non -wetland
Non -section 10 - non -wetland
Non -section 10 - non -wetland
Non -section 10 - non -wetland
Non -section 10 - non -wetland
Non -section 10 - non -wetland
Non -section 10 non -wetland
Non -section 10 non -wetland

North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Pat McCrory
Secretary Susan Kluttz
February 29, 2016
Rachel Donahue
Fox Creek Farm Solar, LLC
400 West Main Street, Suite 503
Durham, NC 27701.
Office of Archives and History
Deputy Secretary Kevin Cherry
rdorkahuer�;cart:>i inaso ia.reriercgv.coni
Re: Construct 50 MW Fox Creek Solar Farm, 925 NC 561, Louisburg, Franklin County, CH 15-2713
Dear Ms. Donahue:
Thank you for your email of January 27, 2016, regarding the above -referenced undertaking. We have
reviewed the additional information you submitted and offer the following comments.
Ownership of the 2.5 acre parcel has been transferred to Bill Lord and Susan Guerrant. Also, the layout of
the solar farm has been altered to maintain three contributing elements of the National Register -listed
Massenberg Plantation (.FK0015). Therefore the installation of the solar farm will not adversely, affect the
historic property if the following conditions are met:
the new layout of the solar farm is maintained
the enclosed Buffer Yard Screening Detail plan is followed
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36
CFR Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579 or
environmental.reviewLZi. ncdcr.gov. In all future communication concerning this project, please cite the
above referenced tracking number.
Sincerely,
,-F_Ramona M. Bartos
1
cc: Clearinghouse
Enclosure: Buffer Yard Screening Detail Plan
Location: 109 East Jones Street, Raleigh NC 27601 :Nailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: [phone]!807-6599

stw ct0021%
PROPOSED
PROPOSED
PERMANENT
SITE ACCESS
A
jo
0.
"C
JI.
7�
GDERTY UNE*
Note: Parcels 8, 9, and 10 are currently owned by Bill Lord and the land between 9 and 10 is the land that will be sold to Bill Lord.
-PROPERTY
LINE
LARGE EVURGREEN
SCREENING SHRUB
-TALL AT TIME Of
�0)
-7.5'x-
MIN. 6 FT.
PLANTING
20' WIDE
LANDSCAPE 9UFFER
BUFFER YARD SCREENING DETAIL
I r-%
►"

THE SITE WAS DELINEATED AND GPS'D BY ECS ON 2/17, 2/18, 2/19, 2/22, 2/23. & 2/25/16. OUR FINDINGS HAVE BEEN
VERIFIED BY THE USACE AND THE NCDWR {3/29/160. THIS IS NOT A SURVEY. THIS MAP IS FOR PRELIMINARY PLANNING
PURPOSES. A STATE BUFFER OF 50 FEET IS REQUIRED FOR PERENNIAL AND INTERMITTENT STREAMS BASED ON THE
LATEST USGS TOPOGRAPHIC MAP AND/OR USDA-NRCS SOIL SURVEY. LOCAL BUFFERS ARE CONSISTENT WITH STATE
BUFFER REQUIREMENTS.
LEGEND
Approximate Location of Site Boundary
Approximate Location of Perennial Stream
Approximate Location of Intermittent Stream
......••• Approximate Location of Ephemeral Feature
Approximate Location of Culvert
DP -1 Q Approximate Location of Data Point
4� Approximate Location of Tar -Pamlico Buffer
Approximate Location of Wetland Area
® Approximate Location of Pond
State Buffer Requirements: 50'0
Watershed Classification = Class C; NSW
Watershed = Tar -Pamlico
Nearest Water Body = Fox Creek
Local Buffer Requirements: 50'0
twPaz "e
W991-4 W41-26
W81-14 L I
W61-16
Fqm
W51-166
SOURCE:
Franklin County NC GIS
2012 Aerial Photograph
& ECS Field Notes
Scale: 1 " = 1,250'
DP -5
FLAG NUMBERS/INFO
WETLAND/JURISDICTIONAL
TRIBUTARY FLAGS= W tl n o n ry
STREAWPOND FLAGS =
Stream Flags = 271
Pond Flags = 46
Welland Flags = 598
Total Flags = 915
�►" fDIP-4 AWf
W3 1-200
DP -1
DP -2
W1 1-143
DP -3
ice/ 3�
� � f
FIGURE 1
WETLAND FLAGGING LOCATION MAP
Fox Creek Farm
1654 NC Highway 39
Louisburg, Franklin County North Carolina
ECS Project No. 49 1479

THE SITE WAS DELINEATED AND GPS'D BY ECS ON 2/17, 2/18, 2/19. 2/22, 2123, & 2125/16. OUR FINDINGS HAVE BEEN
VERIFIED BY THE USACE AND THE NCDWR (3/29/160. THIS IS NOT A SURVEY. THIS MAP IS FOR PRELIMINARY PLANNING
PURPOSES. A STATE BUFFER OF 50 FEET IS REQUIRED FOR PERENNIAL AND INTERMITTENT STREAMS BASED ON THE
LATEST USGS TOPOGRAPHIC MAP AND/OR USDA-NRCS SOIL SURVEY. LOCAL BUFFERS ARE CONSISTENT WITH STATE
BUFFER REQUIREMENTS.
LEGEND
Approximate Location of Site Boundary
Approximate Location of Perennial Stream
Approximate Location of Intermittent Stream
••---•--• Approximate Location of Ephemeral Feature
Approximate Location of Culvert
DP -1 Q Approximate Location of Data Point
4 Approximate Location of Tar -Pamlico Buffer
Approximate Location of Wetland Area
:s� Approximate Location of Pond
State Buffer Requirements: 50'0
Watershed Classification = Class C; NSW
Watershed = Tar -Pamlico
Nearest Water Body = Fox Creek
Local Buffer Requirements: 50'0
S61-152; ,,:,-<:
SDP -5
•
FPW 01f,
tt°"r
,
S81-13;
SDP -6
SOURCE:
Franklin County NC GIS
2012 Aerial Photograph
& ECS Field Notes
Scale: 1"= 1,250'
i
FLAG NUMBERS/INFO
WETLAND/JURISDICTIONAL
TRIBUTARY FLAGS = W tL n
STREAM/POND FLAGS =
Stream Flags = 271
Pond Flags = 46
Wetland Flags = 598
Total Flags = 915
S51-58
SDP -4
A Y AN f1w a
Fox Creek;
S1 1-22, S1 100-118;
S41-14;
SDP -1
S2 1-19;
SDP -2
S31-2;
SDP -3
S91-7 1
S71-389
SDP -7
FIGURE 2
STREAM FLAGGING LOCATION MAP
Fox Creek Farm
1654 NC Highway 39
Louisburg, Franklin County. North Carolina
.Ew-mi
I I ECS Project No. 49.1479

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW -2017-00496 County: Franklin U.S.G.S. Quad: NC-LOUISBURG
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Agent/Applicant: ECS Carolinas, LLP
Cory Darnell
Address: 9001 Glenwood Avenue
Raleigh, North Carolina 27617
Telephone Number: 919-861-9859
Size (acres) 14 (approximate) Nearest Town Louisburg
Nearest Waterway Fox Creek River Basin Pamlico
USGS HUC 03020101 Coordinates Latitude: 36.117612
Longitude: -78.270819
Location description: The approximate 14 acre site is part of two parcels and is located at 197 Hugh Perry Road in
Louisburg, Franklin County, North Carolina (see attached map).
Indicate Which of the Following Apply:
A. Preliminary Determination
X There are waters, including wetlands, on the above described project area, 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.
_ 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.
Page 1 of 2

SAW -2017-00496
_ 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 [phone] 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
[phone] or Andrew.E.Williams2(a,usace.armv.mil.
C. Basis For Determination: The wetlands meet the hydrophytic vegetation, wetland hydrology, and hydric soil
criteria of the 1987 Corps of Engineers Wetland Delineation Manual and the Eastern Mountains and Piedmont
Regional Supplement. The Non -wetland waters have the following indicators of an Ordinary High Water Mark
(OHWM): Scour, sorting, absence of vegetation and bed and banks. The wetland and non -wetland waters
boundaries were verified in the field by Andy Williams, with the U.S. Army Corps of Engineers on February 28,
2017.
D. Remarks: The accurancy of the delineation map boundary data was not provided nor verified. As such, if a
Section 404 permit application is submitted to impact these identified wetland and non -wetland water areas, the actual
boundaries (marked in the field) should be surveyed.
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 1 OM 15
Atlanta, Georgia 30303-8801

SAW -2017-00496
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.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
corres ondence.** Digitally signed by
P DN: -U SA U.S. Go .12 meet, 55
Jj� 1 _ 1 (W•) DN: c=US, VAL IAMSANenq -Dol), 616551,
ousUS0. m=WILLIAMSANDREW.E.12M561655
Corps Regulatory Official: Date: 2017.03.0915:15:02-05'00
Date: March 8, 2017
Expiration Date: Does Not Expire
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://corpsmapu.usace.anny.mil/cm apex/f9p=136A0.
Copy Furnished:
Mrs. Jennifer Burdette
NCDEQ
1617 Mail Service Center,
Raleigh, NC 27699-1617

SAW -2017-004%
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.arniy.mil/MissionslCivilWorks/Re �u� latoryProgramandPermits aspx 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 fmal
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 H 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 H 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.
(lTIFICATION O ADMINISTRATIVE PE L O
QUEST FOR APPEAL,
ONS' 'PROCESS1VD
ce
Applicant: Cory Darnell File Number: SAW -2017-00496
ECS Carolinas LLP
Date: March 8, 2017
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
ZI
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.arniy.mil/MissionslCivilWorks/Re �u� latoryProgramandPermits aspx 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 fmal
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 H 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 H 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.

SAW -2017410496
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 FQRAPPEAL 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.
PQQW, ACT 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 1OM15
Atlanta, Georgia 30303-8801
Phone: [phone]
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 opportuni to participate in all site investi ations.
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: [phone]

THE SITE WAS DELINEATED BY ECS ON 10/24/16 AND 12/02/16. OUR FINDINGS HAVE BEEN VERIFIED BY THE USACE AND
THE NCDWR ON 02/28/17. THIS IS NOT A SURVEY. THIS MAP IS FOR PRELIMINARY PLANNING PURPOSES. A STATE
BUFFER OF 50 FEET IS REQUIRED FOR PERENNIAL AND INTERMITTENT STREAMS BASED ON THE LATEST USGS
TOPOGRAPHIC MAP AND/OR USDA-NRCS SOIL SURVEY. LOCAL BUFFERS ARE CONSISTENT WITH STATE BUFFER
REQUIREMENTS.
LEGEND
Approximate Location of Site Boundary
Approximate Location of Perennial Stream
•-•------ Approximate Location of Ephemeral Feature
Approximate Location of Culvert
DPA • Approximate Location of Data Point
0 Approximate Location of Wetland Area
® Approximate Location of Pond
State Buffer Requirements: 50'0
Watershed Classification = Class C; NSW
Watershed = Tar -Pamlico
Nearest Water Body = Fox Creek
Local Buffer Requirements: 50'0
SDP -1
W3:1-5
W3A: 1-6
S 1: 1-6 TT P/L •
SI:
TT P/L •
W2:1-15
TT P/L and
S1 0
SOURCE:
Google Earth, 2016
& ECS Field Notes
Scale: 1" = 850'
P1:1-6
TT P/L
DP -2
DP -3
DP -1
FLAG NUMBERS/INFO
WETLAND/JURISDICTIONAL
TRIBUTARY FLAGS = I Wetland Boundary
STREAM/POND FLAGS =
Stream Flags = 10
Pond Flags = 6
Wetland Flags = 33
Total Flags = 50
S2:11-4
TT P/L
W1:1-3
W1A: 1-4
FIGURE 5
WETLAND FLAGGING LOCATION MAP
Fox Creek Farm- Additional Area
197 Hugh Perry Road
Louisburg, Franklin County, North Carolina
ECS Project No. 49:1479-G

THE SITE WAS DELINEATED BY ECS ON 10/24/16 AND 12/02/16. OUR FINDINGS HAVE BEEN VERIFIED BY THE USACE AND
THE NCDWR ON 02/28/17. THIS IS NOT A SURVEY. THIS MAP IS FOR PRELIMINARY PLANNING PURPOSES. A STATE
BUFFER OF 50 FEET IS REQUIRED FOR PERENNIAL AND INTERMITTENT STREAMS BASED ON THE LATEST USGS
TOPOGRAPHIC MAP AND/OR USDA-NRCS SOIL SURVEY. LOCAL BUFFERS ARE CONSISTENT WITH STATE BUFFER
REQUIREMENTS.
LEGEND
Approximate Location of Site Boundary
Approximate Location of Perennial Stream
......... Approximate Location of Ephemeral Feature
Approximate Location of Culvert
DP -1 ° Approximate Location of Data Point
0 Approximate Location of Wetland Area
® Approximate Location of Pond
State Buffer Requirements: 50'0
Watershed Classification = Class C; NSW
Watershed = Tar -Pamlico
Nearest Water Body = Fox Creek
Local Buffer Requirements: 50'0
SOURCE:
Google Earth, 2016
& ECS Field Notes
Scale: 1" = 850'
FLAG NUMBERS/INFO
WETLAND/JURISDICTIONAL
TRIBUTARY FLAGS = I Wetland Boundary
STREAM/POND FLAGS =
Stream Flags = 10
Pond Flags = 6
Wetland Flags = 33
Total Flags = 50
DP -4
FIGURE 5A
WETLAND FLAGGING LOCATION MAP
Fox Creek Farm- Additional Area
197 Hugh Perry Road
Louisburg, Franklin County, North Carolina
ECS Project No. 49:1479-G

•-a
WaftrResoumvs
Ewvrow UTAL ow►ury
March 31, 2016
The Minerva Group, LLC
Tim Shearin
107 Riverbend Circle
Louisburg, NC 27549
PAT MCCRORY
DONALD R. VAN DER VAART
S—w-y
S. JAY ZIMMERMAN
Dimdor
Subject: Buffer Determination Letter
TPBRRO #16-062
Franklin County
Determination Type:
Buffer
Intermittent/Perennial
❑ Neuse (15A NCAC 21B.0233)
® Tar -Pamlico (15A NCAC 2B .0259)
❑ IntermitterWPerennial Determination (where local buffer
ordinances apply)
❑ Jordan (15A NCAC 2B .0267)
(governmental and/or intedurisdictional
projects)
Project Name:
Fox Creek Farm
Address/Location: 1654 NC Highway 39. LouisbuM NC 27549
Stream(s): Multiple Streams in the Tar -Pamlico Basin
Determination Date: 3/29/2016 Staff: Erin Deck
Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section http://portaLm:denr.org/webtwq/Vs
1628 Mail Service Center, Raleigh, NC 27699-1628 Phone: [phone]
Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: [phone]

Fox Creek Farm
Franklin County
3/31/2016
Page 2 of 3
Stream
E/I/P*
Not Subject
Subject
Start@
Stop@
Soil
Survey
USGS
To o
P1
Pond
X
X
P2
Pond
X
X
P3
Pond
X
X
Sl
p
X
Off property
throughout
X
X
S5
P
X
At road culvert
Confluence
with S 1
X
S6
P
X
Pond
Confluence
with S1
X
X
S8
I
X
Off property
Confluence
with S9
X
S9
P
X
Off property
Confluence
with S6
X
Feature A
Not Present
X
X
Feature H
Not Present
X
X
Feature C
Not Present
X
X
Feature D
Not Present
X
X
Feature E
Not Present
X
X
Feature F
Not Present
X
X
*E/I/P = Ephemeral/IntermittendPerennial
Explanation: The stream(s) listed above has been located on the most recent published NRCS Soil Survey of
Franklin County, North Carolina and/or the most recent copy of the USGS Topographic map at a 1:24,000 scale.
Each stream that is checked "Not Subject" has been determined to not be at least intermittent or is not present.
Streams that are checked "Subject" have been located on the property and possess characteristics that qualify it to be
at least an intermittent stream. There may be other streams located on the property that do not show up on the maps
referenced above but may be considered jurisdictional according to the US Army Corps of Engineers.
This on-site determination shall expire five (5) years from the date of this letter. Landowners or affected
parties that dispute a determination made by the DWR may request a determination by the Director. An
appeal request must be made within sixty (60) days of date of this letter. A request for a determination by the
Director shall be referred to the Director in writing. If sending via US Postal Service. c/o Karen Higgins;
DWR — 601 & Buffer Permin ing Uniti 1617 Mail Service Center; Rakigb, NC 27699-1617. If sending via
delivery service (UPS, FedEx, ek-): Karen Higgins, DWR — 601 & Buffer Perseli ing Univ 512 N. Salisbury
Str+eeti Rakigh, NC 27606.
This determination Is final and binding unless, as detailed above, unless an appeal Is requested within sixty
(60) days

Fox Creek Farm
Franklin County
3/31/2016
Page 3 of 3
This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be
directed to the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-5544884.
If you have questions regarding this determination, please feel free to contact Erin Deck at (919) 7914200.
S' ,
r
e7Danny Smith
Supervisor, Water Quality Regional Operations Center
cc: RRO DWR File Copy
Paul Stephens, ECS, 9001 Glenwood Avenue, Raleigh NC 27617

416-UU62: P ox Ueek P arm March 31, 20 16
-001
Ir
. ,
00
t
S6
Landing il{ --�• t,� �, = ? I9 y
Fox Creek;
S1 1-22, S1 100-118;
1`t ` S4 1-14;
SDP -1
e \Land ,
J If .'�' � f � E
7.
2`'0 r r
LEGEND
Approximate Location of Site Boundary f •.T
SOURCE:
FIGURE 1
d States Geological Survey
SITE LOCATION MAP
nute Series Topographic Map:
de, Dated: 1979; Gold Sand,
Fox Creek Farm
978, Revised: 1981; Louisburg,
1978, Revised: 1984; Justice,
1654 NC Highway 39
Louisburg, Franklin County, North Carolina
3d: 1979; NC Quadrangles
Mat) Scale: 1" - 1.000'
ECS Project No. 49: 1479