20190751 Ver 1_WRC Comments_20190208

Department of Environmental Quality
Project Review Form
Project Number: 19-01.65 County: Edgecombe Date Received: 01115/2019
Due Date: 2/11/2019
Project Description: Environmental Review - Application of Fern Solar, LLC for Certificate to
construct a 100 MW Solar Facility in Edgecombe Co. Docket #EMP -104, Sub 0.
:;o to http:i/starwl.ncuc.net/NCUC/iportal. as x and enter docket number (EMP -104, Sub 0) in the docket number slot, enter and click on
:he docket number in blue, then click on document for the information. Click on the acrobat symbol to see the info - Located on
approximately 1,235 acres in Edgecombe County, North Carolina on an assortment of neighboring real estate parcels bounded by active
agricultural and forested lands. GPS Coordinates -.36.005031: -77.713117.
This Proj ect is being reviewed as indicated below:
Regional Office
Regional Office Area
to -House Review
Asheville
✓
Air
Air Quality
Coastal Management
Fayetteville
✓
DWR
Parks & Recreation
DCM-Marine Fisheries
Mooresville
DWR - Public Water
✓ Waste Mgmt
Military Affairs
✓ Raleigh
✓
DEMLR (LQ & SW)
Water Resources Mgmt
DMF -Shellfish Sanitation
Washington
�/
DWM-UST
(Public Water, Planning & Water
✓
Quality Program)
Wildlife Maria Dunn
Wilmington
DWR-Transportation Unit
Wildlife - DCYT
Winston-Salem
Manager Sign-Off/Region: Date: In -House Reviewer/Agency:
Response (check all applicable)
No objection to project as proposed. No Comment
Insufficient information to complete review it Other (specify or attach comments)
If you have any questions, please contact:
Lyn Hardison at l n.hardison ncdeanr. ov or [phone]
943 Washington Square Mall Washington NC 27889
Courier No. 16-04-01

9 North Carolina Wildlife Resources Commission U
Gordon Myers, Executive Director
MEMORANDUM
TO: Lyn Hardison Environmental Assistance Coordinator
NCDEQ Division of Environmental Assistance and Customer Service
FROM: Maria T. Dunm Coastal Habitat Coordinator
Habitat Conservation Division
DATE: February 8, 2019
SUBJECT: Fern Solar LLC, 100 MW Solar Facility, Docket #EMP -104 Sub 0, Edgecombe County,
North Carolina.
OLIA No. 19-0165
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have reviewed the subject
document and we are familiar with the habitat values of the area. Our comments are provided in
accordance with provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16
U_S.C. 661-667e), and North Carolina General Statutes (G.S. 1I3-131 et seq.).
The applicant proposes to construct a 100 MW solar facility located on approximately 1,235 acres on
several different parcels bordered by Battleboro-Leggett Road, Benson Farm Road, Morning Star Church
Road, Speights Chapel Road and NC Hwy 33 as well as several creeks including Swift Creek, Moccasin
Creek, Beech Branch, and Falling Run.
A map of the proposed project site indicates the majority of the solar facility has been sighted in open
agricultural land, outside the "FEMA Zone". In general, the NCWRC supports solar facilities located in
open areas. However, the conversion of forests and wetlands to support solar development is causing
increasing concern due to the loss of wildlife habitat, the fragmentation of wildlife habitat, and vegetative
management needed post conversion for wetland and other forested areas_ The cumulative impact from
this project as well as other developments in the vicinity may pose significant impacts to important
aquatic resources.
The project area is subject to the NCDWR's Tar -Pamlico Basin buffer rules and is adjacent to
jurisdictional features that serve that drain into the Tar River. The project area is immediately adjacent
and within several important tributaries, including Swift Creek, Moccasin Creek, Beech Branch, and
Falling Run_ The Tar River and its tributaries are known to have numerous fresh water mussel species.
Included in the USFWS Edgecombe County records are Dwarf wedgemussel (Alasmidonta heterodon),
Tar River spinymussel (Parvaspino steinstansana), Yellow lance (Elliptio lanceolata), Atlantic pigtoe
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

(Fusconaia masoni), and Green floater (Lasmigona subviridis). Several other species important to the
NCWRC and listed in the Wildlife Action flan are Eastern Elliptio (Elliptio complanata) and Creeper
(Strophitus undulates). In addition to the freshwater mussels, Carolina madtom (Noturus funosus) may
be found in the area. Therefore, NCWRC recommends a minimum 200 -foot native, forested buffer
on perennial streams and a 100 -foot forested buffer on intermittent streams, or the full extent of the
100 -year floodplain, adjacent to features that contain threatened or endangered species. This is
greater than the buffer requirements for the NCDWWs Tar f Pamlico Basin. Buffer Rules, but
maintaining undisturbed, forested buffers along these areas would reduce impacts to aquatic and
terrestrial wildlife resources and improve water quality. Grassed buffers do not provide the
necessary and highly valuable functions that forested buffers provide. Sediment and erosion control
structures should also be located outside of these buffers.
In addition to the concerns above, the following statements should be observed:
1. As mentioned above, a 200 -foot native, forested buffer on perennial streams and a 100 -foot
forested buffer on intermittent streams, or the full extent of the 100 -year floodplain, adjacent to
features that contain threatened or endangered species should be established.
2. Use bridges for all permanent roadway crossings of streams and associated wetlands to eliminate
the need to fill and culvert, where practicable. If culverts must be used, the culvert should be
designed to allow aquatic life passage. Fords may be appropriate and preferred for intermittent
stream crossings or where crossings will be used only once or twice a year. For fords, crossings in
riffles are preferred with the banks lowered upstream and downstream of the crossing. Stabilize
the stream bottom with geo-textile fabric and rock; concrete should not be used for bed
stabilization.
Avoid or minimize impacts to wetlands during construction. In addition to providing wildlife
habitat, wetland areas perform important functions of flood control and water quality protection.
US Army Corps of Engineers Section 404 permits and NCDWR Section 401 Certifications are
rewired for any impacts to jurisdictional streams or wetlands. Temporarily disturbed wetland
areas should be returned to original soils and contours and reseeded with annual small grains
appropriate for the season (e.g. oats, millet, rye, wheat, or rye grass) and should be allowed to
revert to natural wetland vegetation.
4. If additional overhead transmission lines will be installed, then measures to minimize impacts to
birds should be implemented. These can include increasing line visibility, insulating wires to
cover exposed connections, and increasing the distance between wires so no contact with ground
or other energized wire can be made. For :more information see
http://w,Arw.fws. goy/birds/documentU/powerlines.pdf.
5. Consider establishing vegetative cover on the site that is beneficial to wildlife. Plantings should
include native warm season grasses and/or wildflower seed mixes to create pollinator habitat
within the project boundary. Shade -tolerant plants that are grow between 12 to 18 inches can be
selected for planting both underneath and around solar panels. Further information and free
technical guidance from the NCWRC is available upon request.
b. If site and/or transmission line maintenance is needed, avoid mowing between April 1 and
October 1 to minimize impacts to nesting wildlife. We suggest a maintenance schedule that
incorporates a portion of the area (e.g., one-third of the area) each year. Pesticides, fertilizers,
herbicides, and other chemicals should not be used in wetland areas or near streams.

7. Pesticides or chemicals should not be used for site maintenance, especially in areas near wetlands
and water courses. If used on parts of the property, stormwater runoff from the site should be
directed to bio -retention areas prior to discharge to streams or wetlands to provide additional
protection for water quality and aquatic and terrestrial wildlife habitats.
Sediment and erosion control measures should be installed prior to any land clearing or
construction. The use of biodegradable and wildlife -friendly sediment and erosion control devices
is strongly recommended. Silt fencing, fiber rolls and/or other products should have loose -weave
netting that is made of natural fiber matcrials with movable joints between the vertical and
horizontal twines. Silt fencing or similar materials that have been reinforced with plastic or metal
mesh should be avoided as they impede the movement of terrestrial wildlife species. All sediment
and erosion control measures should be routinely inspected and properly maintained. Excessive
silt and sediment loads can have numerous detrimental effects on aquatic resources including
destruction of spawning habitat, suffocation of eggs, and clogging of gills of aquatic species.
9. A plan should be developed that identifies the party responsible for decommissioning the facility
as well as the conditions under which decommissioning will occur. In addition, the plan should
emphasize that all equipment must be removed from the sites, and the land should be restored to
pre -construction conditions.
10. Measures to mitigate secondary and cumulative impacts can be found in NCWRC's Guidance
Memorandum to Address and Mitigate Secondary and Cumulative Impacts to Aquatic and
Terrestrial Wildlife Resources and Water Quality (August 2002;
hqp://www.ncwildlife.or. ortals/0/Conservingjdocuments/2002_ GuidanceMemorandumforSeco
ndaryandCumulativeImpacts.p .
Thank you for the opportunity to comment on this project. If our agency can be of further assistance,
please contact me at [phone] or at maria.dunnApewildlife.or .