20190770 Ver 1_PCN Form Submission_20190611

DR
02*10n of Water R"Ourc"
Pre -Construction Notification (PCN) Form
September 29, 2018 Ver 3
Initial Review
Has this project met the requirements for acceptance into the review process?*
r Yes
r No
Is this project a public transportation project?*
r Yes r No
Change only if needed.
BIMS # Assigned *
Version#*
20190770
1
Is a payment required for this project?*
* No payment required
What amout is owed?*
* Fee received
r $240.00
r Fee needed - send electronic notification
r $570.00
Reviewing Office* Select Project Reviewer*
Washington Regional Office - [phone] Robert Tankard:eads\rbtankard
Information for Initial Review
1a. Name of project:
Ryland Road Solar
1a. Who is the Primary Contact?*
Nicholas Tillson
1 b. Primary Contact Email:*
[e-mail]
Date Submitted
6/11/2019
Nearest Body of Water
Stumpy Creek
Basin
Chowan
Water Classification
B;NSW
Site Coordinates
Latitude:
36.276054
A. Processing Information
County (or Counties) where the project is located:
Chowan
Is this project a public transportation project?*
r Yes r No
Longitude:
-76.653742
1a. Type(s) of approval sought from the Corps:
V Section 404 Permit (wetlands, streams and waters, Clean Water Act)
F Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
1 b. What type(s) of permit(s) do you wish to seek authorization?
P Nationwide Permit (NWP)
F- Regional General Permit (RGP)
r- Standard (IP)
1c. Primary Contact Phone:*
[phone]

1c. Has the NWP or GP number been verified by the Corps?
r Yes r No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
P 401 Water Quality Certification - Regular
F Non -404 Jurisdictional General Permit
F Individual Permit
14 - Linear transportation
1e. Is this notification solelyfor the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
F 401 Water Quality Certification - E)press
F Riparian Buffer Authorization
1f. Is this an after -the -fact permit application?*
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
19. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
Acceptance Letter Attachment
1h. Is the project located in any of NC's twenty coastal counties?
r Yes r No
1i. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
r Yes r No r Unknown
1j. Is the project located in a designated trout watershed?
r Yes r No
B. Applicant Information
1d. Who is applying for the permit?
F Owner W Applicant (other than owner)
1e. Is there an Agent/Consultant for this project?
r Yes r No
2. Owner Information
2a. Name(s) on recorded deed:
Kenny Habul
2b. Deed book and page no.:
DB 281 PG 699
2c. Responsible party:
VL Director Land Holdings, LLC
2d. Address
Street Address
192 Raceway Drive
Address Line 2
aty
Mooresville
Postal / Zip Code
28117
2e. Telephone Number:
[phone]
2g. Email Address:*
n i c k. ti I I so n @s u n e n e rg y 1. oo m
3. Applicant Information (if different from owner)
State / Rovince / Region
NC
Country
United States
2f. Fax Number:
r Yes r No
rYes rNo

3a. Name:
Kenny Habul
3b. Business Name:
Ryland Road Solar, LLC
3c.Address
Street Address
192 Raceway Drive
Address Line 2
City
Mooresville
Fbstal / Zip Code
28117
3d. Telephone Number:
[phone]
3f. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(d appropriate)
1c. Nearest municipality/ town:
Tyner
2. Project Identification
2a. Property Identification Number:
699200371881
2c. Project Address
Street Address
3440 Ryland Rd
Address Line 2
City
Tyner
Fbstal / Zip Code
27980
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Stumpy Creek
3b. Water Resources Classification of nearest receiving water:*
B;NSW
3c. What river basin(s) is your project located in?*
Chowan
3d. Please provide the 12 -digit HUC in which the project is located.
Holiday Island -Chowan River
4. Project Description and History
State / Rwince / Region
NC
Country
us
3e. Fax Number:
2b. Property size:
90.9
State / Rwince / flegion
NC
Country
us
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:*
The parcel and surrounding parcels have been engaging in agricultural processes for the last two decades.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
r Yes r No r Unknown
4d. Attach an 8 1/2 X11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR)
2019-06-03_Ryland _Topo.pdf 2.2MB
4e. Attach an 8 1/2 X11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR)

2019-06-03_Ryland_Soils.pdf 3.61 MB
20190603_15133303714_23_Ma p_Un it_Descri ption_Dog u e_fine_sa ndy_loa m_0_to_2_perce nt_slopes--
lopes--
83.88KB
83.88KB
Chowan_County_North_Carolina. pdf
20190603_15135903079_23_Map_Unit Description_Dogue_ fine loam_ 2_ to_6_percent_slopes--
_ _sandy _
83.89KB
Chowan_County_North_Carolina. pdf
20190603_15141403635_1_Map_Unit_Description_Icaria_fine _sandy _loam--Chowan_County_North_Carolina.pdf
86.79KB
20190603_15144203852_1_Map_Unit_Description_Roanoke_silt_loam-Chowan_County_North_Carolina.pdf
86.67KB
20190603_15150403697_1 Tomahawk_loamy_fine_sand--
_Map_Unit_Description_
86.61 KB
Chowan_County_North_Carolina. pdf
20190603_15151903727_23_Ma p_Un it_Descri pti on_Wah ee_fine_sa n d y_loa m_0_to_2_pe rcent_slopes--
lopes--
87.8K6
87.8KB
Chowan_County_North_Carolina. pdf
4f. List the total estimated acreage of all existing wetlands on the property:
28.87
4g. List the total estimated linear feet of all existing streams on the property:
1,135 LF
4h. Explain the purpose of the proposed project:*
Power generation
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
Minimal grading for the project will be required. Skid steers, dozers, etc. will be utilized to prep the property prior to racking
installation. Non -galvanized t posts will be pounded into the ground and the racking equipment will then be mounted. The system
will track the sun through -out the day.
Culverts will need to be installed in the RPW delineated on-site to secure the site with fencing and provide necessary lanes for
O&M crews.
4j. Please upload project drawings for the proposed project.
08321A- NCDEQ SW Application Documents.pdf 188.87KB
08321 A - Ryland Road Drawings - 2018-11-16. pdf 2.95MB
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes r No r Unknown
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
r Preliminary r Approved r Not Verified r Unknown r NIA
Corps AID Number:
SAW -2018-00454
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Wes Fryar
Agency/Consultant Company: Land Management Group
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
The site visit was conducted on 08/23/2019 and the date listed on the PJD is 11/19/2018
5d1. Jurisdictional determination upload
2018-11-19_Ryland_PJD.pdf 123.7KB
6. Future Project Plans
6a. Is this a phased project?*
r Yes r No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed projector related activity?
D. Proposed Impacts Inventory -
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
F Wetlands r Streams -tributaries r Buffers
R Open Waters r Pond Construction
4. Open Water Impacts

4a. Site # 4a1. Impact Reason 4b. Impact type 4c. Name of waterbody 4d. Activity type :114e. Waterbody type 4f. Impact area
18" Culvert
Security Fence
P
Culverts
Ditch
0.00
18" Culvert
O&M Crossing
P
Culverts
Ditch
0.00
18" Culvert
Security Fence
P
Culverts
Ditch
0.00
4g. Total temporary open water Impacts: 4g. Total permanent open water impacts:
0.00 0.00
4g. Total open water impacts:
0.00
4h. Comments:
(2) 5 LF Culvert + 20 LF Culvert = 30 LF Permanent Impacts
E. Impact Justification and Mitigation
1. Avoidance and Minimization
Ia. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The project specifically avoided all wetland areas on the project. The crossings and chain link fence are needed from a safety perspective to traverse
and secure the site.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Sediment control measures have been planned and will be installed according to approved plans to avoid any unintended impacts to the RPws
delineated on-site.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
r Yes r No
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
r Yes r No
If no, explain why:
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? *
O Yes O No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
M Yes O No
Comments:
G. Supplementary Information
1. Environmental Documentation
1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
r Yes c No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)?*
r Yes C. No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*

r Yes r No
3b. If you answered "no," provide a short narrative description.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
r Yes r No r WA
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
r Yes r No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
r Yes r No
5c. If yes, indicate the USFWS Field Office you have contacted.
Raleigh
5d. Is another Federal agency involved?*
r Yes r No
5e. Is this a DOT project located within Division's 1-8?
r Yes r No
5f. Will you cut anytrees in order to conduct the work in waters of the U.S.?
r Yes r No
5g. Does this project involve bridge maintenance or removal?
r Yes r No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
r Yes r No
r Unknown
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
r Yes r No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
USFWS IPaC database, USFWS species information page, and NC Natural Heritage databse were
utilize to investigate the project potential to impact RT&E species. A self -certification letter was
submitted to the USFWS Raleigh field office on 07/26/2018. No response was given over the 30 day response period.
Consultation Documentation Upload
2018-07-24_Ryland_Road_SelfCert_Package.pdf 4.37MB
2018-07-26_Submittal_Confirmation.pdf 59.65KB
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?
r Yes r No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
USFWS IPaC Database
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 status?*
r Yes r No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
The project has gone through the clearing house comment process and received notes from the intergovernmental review.
7c. Historic or Prehistoric Information Upload
Ryland_ClearingHouseComments.pdf 6.75MB
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 100 -year floodplain?*
r Yes r No
8c. What source(s) did you use to make the floodplain determination?*
FEMA NFHL V3.1
Miscellaneous

Comments
Miscellaneous attachments not previously requested.
08321A - Ryland Road Drawings - 2018-11-16_Redline.pdf
Signature
[j By checking the box and signing below, I certify that:
2.94MB
• I have given true, accurate, and complete information on this form;
. I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act');
. I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
. I intend to electronically sign and submit the PCN form.
Full Name:
Nicholas Tillson
Signature
«sfdlszd P-Ikflw
Date
6/11/2019

From: Raleigh, FW4 <[e-mail]>
Sent: Thursday, July 26, 2018 4:16 PM
To: Nick Tillson
Subject: Confirmation of Project Receipt Re: [EXTERNAL] online project review
certification letter

Thank you for submitting your online project package. We will review your package within 30
days of receipt. If you have submitted an online project review request letter, expect our
response within 30 days. If you have submitted an online project review certification letter,
you will typically not receive a response from us since the certification letter is our official
response. However, if we have additional questions or we do not concur with your
determinations, we will contact you during the review period.
Page 1 of 2
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT

Action Id. SAW-2018-00454 County: Chowan County U.S.G.S. Quad: Mintonsville
NOTIFICATION OF JURISDICTIONAL DETERMINATION

Property Owner/Applicant: SunEnergy 1
Nicholas Tillson
Address: 192 Raceway Drive
Mooresville, NC, 28117
Telephone Number: [phone]

Size (acres) 159 Nearest Town Edenton
Nearest Waterway Stumpy Creek River Basin Albemarle-Chowan
USGS HUC 03010203 Coordinates Latitude: 36.277418
Longitude: -76.649137
Location description: The project area is located on the east side on NC Highway 32, (Virginia Road) approximately
0.8 miles north of the intersection of Ryland Road in the community of Tyner in Chowan County, North Carolina.
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 over all 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.

SAW-2018-00454

The waters of the U.S., including wetlands, on your project area have been delineated and the delineation has been
verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be
reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to
CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be
relied upon for a period not to exceed five years.

The waters of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the plat
signed by the Corps Regulatory Official identified below on ______________. Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
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 Kyle Barnes at [phone] or [e-mail].

C. Basis For Determination: N/A. An Approved JD has not been completed.
D. Remarks: Ryland Solar Figure 8 November 16th 2018 map is attached to this document.
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 for Approved Jurisdiction Determinations (as indicated in Section B. above)

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 10M15
Atlanta, Georgia 30303-8801

In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for
appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP.
Should you decide to submit an RFA form, it must be received at the above address by N/A.
It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.

Corps Regulatory Official: ______________________________________________________

Date: November 19, 2018 Expiration Date: N/A

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.army.mil/cm_apex/f?p=136:4:0.
SAW-2018-00454

Copy Furnished:

Land Management Group
Mr. Wes Fryar
3805 Wrightsville Avenue
Wilmington, North Carolina 28403

SAW-2018-00454

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Nicholas Tillson SunEnergy 1

File Number: SAW-2018-00454 Date: November 19,
2018
Attached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A
PROFFERED PERMIT (Standard Permit or Letter of permission) 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.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.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 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.
SAW-2018-00454

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
appeal process you may contact:
District Engineer, Wilmington Regulatory Division,
Attn: Kyle Barnes
2407 West 5th Street
Washington, North Carolina 27889
If you only have questions regarding the appeal process you may
also contact:
Mr. Jason Steele, Administrative Appeal Review Officer
CESAD-PDO
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 10M15
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 opportunity to participate in all site investigations.

________________________________________
Signature of appellant or agent.
Date: Telephone number:

For appeals on Initial Proffered Permits send this form to:

District Engineer, Wilmington Regulatory Division, Attn: Kyle Barnes, 2407 West 5th Street
Washington, North Carolina 27889

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]

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& ASSOCIATES, LTD -
January 31, 2019
NCDEQ DLCl
943 Washington Square Mall
Washington, NC, 27889
ATTN: Bill Moore, PE
RE: Ryland Road Solar Farm
Stormwater Management Permit Application Response to Comments
Dear Mr. Moore:
I have received your comments sent via
email on January 23.
The following
plan revisions have
been made to address your comments:
The 50' vegetated setback line and reference to associated notes have been added to
sheets C101 and C301.
"Low Density Stormwater Permit and Vegetative Setback Notes" has been added to C301.
A "Typical Panel Section" has been added to C104
I have enclosed 2 complete copies of the plans as follows:
• C 1 0 1 — Existing Conditions Plan (dated 1/30/2019)
• C102 — Erosion and Sediment Control Plan (dated 11/16/2018)
• C103 - Notes and Details (dated 11/16/2018)
• C104 — Notes and Details (dated 1/30/2019)
• C201 — Site Plan (dated 12/10/2018)
• C301 — Stormwater and Drainage Plan (dated 1/30/2019)
If you have any questions pert
aining to this submittal, please do not hesitate to contact me.
Sincerely,
/UL,( L,( l
Michael J. MorJ�y,_PR
Engineer
cc: File 08321A (350)
Ryland Road Solar, LLC
Land Planning -Engineering -Environmental -Construction Management
P.O. Box 3989, 115 W Sainf Clair St., Kill Devil Hills, North Carolina 27948
North Carolina License No. C-1027
Phone: [phone] mmv.AlbemarleAssociates.com Fax: [phone]

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Title: Ryland Soils Map
Source: USDA NRCS Website
Spatial Data Format: Geogrpahic WGS84
Drafted By: Nicholas Tillson
Date: 06/03/2019
Chowan County, North Carolina
DgA—Dogue fine sandy loam, 0 to 2 percent slopes
Map Unit Setting
National map unit symbol: w79t
Elevation: 0 to 20 feet
Mean annual precipitation: 42 to 58 inches
Mean annual air temperature: 61 to 64 degrees F
Frost-free period: 190 to 270 days
Farmland classification: All areas are prime farmland
Map Unit Composition
Dogue and similar soils: 85 percent
Estimates are based on observations, descriptions, and transects of
the mapunit.
Description of Dogue
Setting
Landform: Ridges on marine terraces, ridges on stream terraces
Landform position (two-dimensional): Shoulder, summit
Landform position (three-dimensional): Crest
Down-slope shape: Convex
Across-slope shape: Convex
Parent material: Loamy and clayey fluviomarine deposits
Typical profile
Ap - 0 to 8 inches: fine sandy loam
Bt - 8 to 66 inches: clay loam
C - 66 to 80 inches: sandy loam
Properties and qualities
Slope: 0 to 2 percent
Depth to restrictive feature: More than 80 inches
Natural drainage class: Moderately well drained
Runoff class: Very high
Capacity of the most limiting layer to transmit water (Ksat):
Moderately high (0.20 to 0.57 in/hr)
Depth to water table: About 18 to 36 inches
Frequency of flooding: None
Frequency of ponding: None
Available water storage in profile: High (about 9.3 inches)
Interpretive groups
Land capability classification (irrigated): None specified
Land capability classification (nonirrigated): 2w
Hydrologic Soil Group: C
Map Unit Description: Dogue fine sandy loam, 0 to 2 percent slopes---Chowan County, North
Carolina
Ryland Boundary
Natural Resources
Conservation Service
Web Soil Survey
National Cooperative Soil Survey
6/3/2019
Page 1 of 2
Hydric soil rating: No
Data Source Information
Soil Survey Area: Chowan County, North Carolina
Survey Area Data: Version 18, Sep 10, 2018
Map Unit Description: Dogue fine sandy loam, 0 to 2 percent slopes---Chowan County, North
Carolina
Ryland Boundary
Natural Resources
Conservation Service
Web Soil Survey
National Cooperative Soil Survey
6/3/2019
Page 2 of 2
Chowan County, North Carolina
DgB—Dogue fine sandy loam, 2 to 6 percent slopes
Map Unit Setting
National map unit symbol: w79v
Elevation: 0 to 20 feet
Mean annual precipitation: 42 to 58 inches
Mean annual air temperature: 61 to 64 degrees F
Frost-free period: 190 to 270 days
Farmland classification: All areas are prime farmland
Map Unit Composition
Dogue and similar soils: 85 percent
Estimates are based on observations, descriptions, and transects of
the mapunit.
Description of Dogue
Setting
Landform: Ridges on stream terraces, ridges on marine terraces
Landform position (two-dimensional): Shoulder, summit
Landform position (three-dimensional): Crest
Down-slope shape: Convex
Across-slope shape: Convex
Parent material: Loamy and clayey fluviomarine deposits
Typical profile
Ap - 0 to 8 inches: fine sandy loam
Bt - 8 to 66 inches: clay loam
C - 66 to 80 inches: sandy loam
Properties and qualities
Slope: 2 to 6 percent
Depth to restrictive feature: More than 80 inches
Natural drainage class: Moderately well drained
Runoff class: Very high
Capacity of the most limiting layer to transmit water (Ksat):
Moderately high (0.20 to 0.57 in/hr)
Depth to water table: About 18 to 36 inches
Frequency of flooding: None
Frequency of ponding: None
Available water storage in profile: High (about 9.3 inches)
Interpretive groups
Land capability classification (irrigated): None specified
Land capability classification (nonirrigated): 2e
Hydrologic Soil Group: C
Map Unit Description: Dogue fine sandy loam, 2 to 6 percent slopes---Chowan County, North
Carolina
Ryland Boundary
Natural Resources
Conservation Service
Web Soil Survey
National Cooperative Soil Survey
6/3/2019
Page 1 of 2
Hydric soil rating: No
Data Source Information
Soil Survey Area: Chowan County, North Carolina
Survey Area Data: Version 18, Sep 10, 2018
Map Unit Description: Dogue fine sandy loam, 2 to 6 percent slopes---Chowan County, North
Carolina
Ryland Boundary
Natural Resources
Conservation Service
Web Soil Survey
National Cooperative Soil Survey
6/3/2019
Page 2 of 2
Chowan County, North Carolina
Ic—Icaria fine sandy loam
Map Unit Setting
National map unit symbol: w79z
Elevation: 20 to 160 feet
Mean annual precipitation: 40 to 55 inches
Mean annual air temperature: 59 to 70 degrees F
Frost-free period: 200 to 280 days
Farmland classification: Prime farmland if drained
Map Unit Composition
Icaria, drained, and similar soils: 80 percent
Icaria, undrained, and similar soils: 10 percent
Estimates are based on observations, descriptions, and transects of
the mapunit.
Description of Icaria, Drained
Setting
Landform: Depressions
Down-slope shape: Concave
Across-slope shape: Concave
Parent material: Loamy alluvium over sandy alluvium
Typical profile
Ap - 0 to 11 inches: fine sandy loam
Bgb - 11 to 25 inches: sandy clay loam
2Eb - 25 to 29 inches: loamy sand
2Bhb - 29 to 80 inches: sand
Properties and qualities
Slope: 0 to 2 percent
Depth to restrictive feature: 20 to 40 inches to strongly contrasting
textural stratification
Natural drainage class: Very poorly drained
Runoff class: Very high
Capacity of the most limiting layer to transmit water (Ksat):
Moderately high to high (0.57 to 1.98 in/hr)
Depth to water table: About 0 to 12 inches
Frequency of flooding: None
Frequency of ponding: None
Available water storage in profile: Low (about 4.1 inches)
Interpretive groups
Land capability classification (irrigated): None specified
Land capability classification (nonirrigated): 3w
Hydrologic Soil Group: B/D
Hydric soil rating: Yes
Map Unit Description: Icaria fine sandy loam---Chowan County, North Carolina Ryland Boundary
Natural Resources
Conservation Service
Web Soil Survey
National Cooperative Soil Survey
6/3/2019
Page 1 of 2
Description of Icaria, Undrained
Setting
Landform: Depressions
Down-slope shape: Concave
Across-slope shape: Concave
Parent material: Loamy alluvium over sandy alluvium
Typical profile
Ab - 0 to 11 inches: fine sandy loam
Btg - 11 to 25 inches: sandy clay loam
2Eb - 25 to 29 inches: loamy sand
2Bhb - 29 to 80 inches: sand
Properties and qualities
Slope: 0 to 2 percent
Depth to restrictive feature: 20 to 40 inches to strongly contrasting
textural stratification
Natural drainage class: Very poorly drained
Runoff class: Very high
Capacity of the most limiting layer to transmit water (Ksat):
Moderately high to high (0.57 to 1.98 in/hr)
Depth to water table: About 0 to 12 inches
Frequency of flooding: None
Frequency of ponding: None
Available water storage in profile: Low (about 4.1 inches)
Interpretive groups
Land capability classification (irrigated): None specified
Land capability classification (nonirrigated): 6w
Hydrologic Soil Group: B/D
Hydric soil rating: Yes
Data Source Information
Soil Survey Area: Chowan County, North Carolina
Survey Area Data: Version 18, Sep 10, 2018
Map Unit Description: Icaria fine sandy loam---Chowan County, North Carolina Ryland Boundary
Natural Resources
Conservation Service
Web Soil Survey
National Cooperative Soil Survey
6/3/2019
Page 2 of 2
Chowan County, North Carolina
Ro—Roanoke silt loam
Map Unit Setting
National map unit symbol: w7b5
Elevation: 0 to 20 feet
Mean annual precipitation: 42 to 58 inches
Mean annual air temperature: 61 to 64 degrees F
Frost-free period: 190 to 270 days
Farmland classification: Farmland of statewide importance
Map Unit Composition
Roanoke, drained, and similar soils: 80 percent
Roanoke, undrained, and similar soils: 10 percent
Estimates are based on observations, descriptions, and transects of
the mapunit.
Description of Roanoke, Drained
Setting
Landform: Depressions on marine terraces, flats on marine
terraces
Down-slope shape: Concave, linear
Across-slope shape: Linear
Parent material: Clayey marine deposits and/or fluviomarine
deposits
Typical profile
Ap - 0 to 8 inches: silt loam
BEg - 8 to 13 inches: clay loam
Btg - 13 to 58 inches: clay
Cg - 58 to 80 inches: fine sandy loam
Properties and qualities
Slope: 0 to 2 percent
Depth to restrictive feature: More than 80 inches
Natural drainage class: Poorly drained
Runoff class: Very high
Capacity of the most limiting layer to transmit water (Ksat): Very
low to moderately high (0.00 to 0.20 in/hr)
Depth to water table: About 0 to 12 inches
Frequency of flooding: None
Frequency of ponding: None
Available water storage in profile: High (about 9.2 inches)
Interpretive groups
Land capability classification (irrigated): None specified
Land capability classification (nonirrigated): 3w
Hydrologic Soil Group: C/D
Hydric soil rating: Yes
Map Unit Description: Roanoke silt loam---Chowan County, North Carolina Ryland Boundary
Natural Resources
Conservation Service
Web Soil Survey
National Cooperative Soil Survey
6/3/2019
Page 1 of 2
Description of Roanoke, Undrained
Setting
Landform: Depressions on marine terraces, flats on marine
terraces
Down-slope shape: Concave
Across-slope shape: Linear
Parent material: Clayey marine deposits and/or fluviomarine
deposits
Typical profile
A - 0 to 8 inches: silt loam
BEg - 8 to 13 inches: clay loam
Btg - 13 to 58 inches: clay
Cg - 58 to 80 inches: fine sandy loam
Properties and qualities
Slope: 0 to 2 percent
Depth to restrictive feature: More than 80 inches
Natural drainage class: Poorly drained
Runoff class: Very high
Capacity of the most limiting layer to transmit water (Ksat): Very
low to moderately high (0.00 to 0.20 in/hr)
Depth to water table: About 0 to 12 inches
Frequency of flooding: None
Frequency of ponding: None
Available water storage in profile: High (about 9.2 inches)
Interpretive groups
Land capability classification (irrigated): None specified
Land capability classification (nonirrigated): 4w
Hydrologic Soil Group: C/D
Hydric soil rating: Yes
Data Source Information
Soil Survey Area: Chowan County, North Carolina
Survey Area Data: Version 18, Sep 10, 2018
Map Unit Description: Roanoke silt loam---Chowan County, North Carolina Ryland Boundary
Natural Resources
Conservation Service
Web Soil Survey
National Cooperative Soil Survey
6/3/2019
Page 2 of 2
Chowan County, North Carolina
Tm—Tomahawk loamy fine sand
Map Unit Setting
National map unit symbol: w7bc
Elevation: 20 to 160 feet
Mean annual precipitation: 40 to 55 inches
Mean annual air temperature: 59 to 70 degrees F
Frost-free period: 200 to 280 days
Farmland classification: Farmland of statewide importance
Map Unit Composition
Tomahawk and similar soils: 80 percent
Minor components: 7 percent
Estimates are based on observations, descriptions, and transects of
the mapunit.
Description of Tomahawk
Setting
Landform: Broad interstream divides on marine terraces, flats on
marine terraces
Landform position (two-dimensional): Summit
Down-slope shape: Linear
Across-slope shape: Linear
Parent material: Sandy and loamy marine deposits and/or eolian
sands
Typical profile
Ap - 0 to 7 inches: loamy fine sand
E - 7 to 25 inches: loamy fine sand
Bt - 25 to 44 inches: sandy loam
2Bhb - 44 to 80 inches: loamy sand
Properties and qualities
Slope: 0 to 3 percent
Depth to restrictive feature: More than 80 inches
Natural drainage class: Moderately well drained
Runoff class: Very low
Capacity of the most limiting layer to transmit water (Ksat): High
(1.98 to 5.95 in/hr)
Depth to water table: About 18 to 36 inches
Frequency of flooding: None
Frequency of ponding: None
Available water storage in profile: Low (about 5.0 inches)
Interpretive groups
Land capability classification (irrigated): None specified
Land capability classification (nonirrigated): 2w
Hydrologic Soil Group: A
Hydric soil rating: No
Map Unit Description: Tomahawk loamy fine sand---Chowan County, North Carolina Ryland Boundary
Natural Resources
Conservation Service
Web Soil Survey
National Cooperative Soil Survey
6/3/2019
Page 1 of 2
Minor Components
Leon
Percent of map unit: 3 percent
Landform: Flats on marine terraces
Down-slope shape: Linear
Across-slope shape: Concave
Hydric soil rating: Yes
Woodington, undrained
Percent of map unit: 2 percent
Landform: Broad interstream divides on marine terraces, flats on
marine terraces, depressions on marine terraces
Down-slope shape: Linear
Across-slope shape: Concave
Hydric soil rating: Yes
Icaria, undrained
Percent of map unit: 2 percent
Landform: Depressions
Down-slope shape: Concave
Across-slope shape: Concave
Hydric soil rating: Yes
Data Source Information
Soil Survey Area: Chowan County, North Carolina
Survey Area Data: Version 18, Sep 10, 2018
Map Unit Description: Tomahawk loamy fine sand---Chowan County, North Carolina Ryland Boundary
Natural Resources
Conservation Service
Web Soil Survey
National Cooperative Soil Survey
6/3/2019
Page 2 of 2
Chowan County, North Carolina
WaA—Wahee fine sandy loam, 0 to 2 percent slopes
Map Unit Setting
National map unit symbol: w7bj
Elevation: 0 to 20 feet
Mean annual precipitation: 42 to 58 inches
Mean annual air temperature: 61 to 64 degrees F
Frost-free period: 190 to 270 days
Farmland classification: Farmland of statewide importance
Map Unit Composition
Wahee, drained, and similar soils: 80 percent
Wahee, undrained, and similar soils: 10 percent
Minor components: 5 percent
Estimates are based on observations, descriptions, and transects of
the mapunit.
Description of Wahee, Drained
Setting
Landform: Flats on stream terraces, flats on marine terraces
Down-slope shape: Concave
Across-slope shape: Linear
Parent material: Clayey fluviomarine deposits
Typical profile
A - 0 to 6 inches: fine sandy loam
Bt - 6 to 44 inches: sandy clay
Cg - 44 to 80 inches: sand
Properties and qualities
Slope: 0 to 2 percent
Depth to restrictive feature: More than 80 inches
Natural drainage class: Somewhat poorly drained
Runoff class: Very high
Capacity of the most limiting layer to transmit water (Ksat):
Moderately low to moderately high (0.06 to 0.20 in/hr)
Depth to water table: About 6 to 18 inches
Frequency of flooding: None
Frequency of ponding: None
Available water storage in profile: Moderate (about 8.8 inches)
Interpretive groups
Land capability classification (irrigated): None specified
Land capability classification (nonirrigated): 2w
Hydrologic Soil Group: C/D
Hydric soil rating: No
Map Unit Description: Wahee fine sandy loam, 0 to 2 percent slopes---Chowan County, North
Carolina
Ryland Boundary
Natural Resources
Conservation Service
Web Soil Survey
National Cooperative Soil Survey
6/3/2019
Page 1 of 2
Description of Wahee, Undrained
Setting
Landform: Flats on stream terraces, flats on marine terraces
Down-slope shape: Concave
Across-slope shape: Linear
Parent material: Clayey fluviomarine deposits
Typical profile
A - 0 to 6 inches: fine sandy loam
Bt - 6 to 44 inches: sandy clay
Cg - 44 to 80 inches: sand
Properties and qualities
Slope: 0 to 2 percent
Depth to restrictive feature: More than 80 inches
Natural drainage class: Somewhat poorly drained
Runoff class: Very high
Capacity of the most limiting layer to transmit water (Ksat):
Moderately low to moderately high (0.06 to 0.20 in/hr)
Depth to water table: About 6 to 18 inches
Frequency of flooding: None
Frequency of ponding: None
Available water storage in profile: Moderate (about 8.8 inches)
Interpretive groups
Land capability classification (irrigated): None specified
Land capability classification (nonirrigated): 3w
Hydrologic Soil Group: C/D
Hydric soil rating: No
Minor Components
Roanoke, undrained
Percent of map unit: 5 percent
Landform: Depressions on marine terraces, flats on marine
terraces
Down-slope shape: Linear
Across-slope shape: Linear
Hydric soil rating: Yes
Data Source Information
Soil Survey Area: Chowan County, North Carolina
Survey Area Data: Version 18, Sep 10, 2018
Map Unit Description: Wahee fine sandy loam, 0 to 2 percent slopes---Chowan County, North
Carolina
Ryland Boundary
Natural Resources
Conservation Service
Web Soil Survey
National Cooperative Soil Survey
6/3/2019
Page 2 of 2