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HomeMy WebLinkAbout20191178 Ver 1_PCN Form Submission_20190830DR 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#* 20191178 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* Wilmington Regional Office - (910) 796-7215 Chad Coburn:eads\cccoburn Information for Initial Review 1a. Name of project: Buttercup Solar, LLC 1a. Who is the Primary Contact?* Kim Williams - Land Management Group 1 b. Primary Contact Email:* kWIliams@lmgroup.net Date Submitted 8/30/2019 Nearest Body of Water Reedy Branch Creek Basin Cape Fear Water Classification C;SW Site Coordinates Latitude: 34.828205 A. Processing Information County (or Counties) where the project is located: Duplin Is this project a public transportation project?* r Yes r No Longitude: -77.974734 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 venters, 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:* (910)452-0001 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): 12 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 1j. Is the project located in a designated trout watershed? r Yes r No B. Applicant Information 1d. Who is applying for the permit? Owner W Applicant (other than owner) le. Is there an Agent/Consultant for this project? C Yes r- No 2. Owner Information 2a. Name(s) on recorded deed: Wyatt Blanchard 2b. Deed book and page no.: 11 E 259 2013 2c. Responsible party: Wyatt Blanchard 2d. Address Street Address 103 Hilltop Lane Address Line 2 City Hampstead Postal / Zip Code 28443 2e. Telephone Number: (910)612-2281 2g. Email Address:* wblancha@bellsouth.net 3. Applicant Information (if different from owner) 3a. Name: Jess Ingram State / Rmnoe / Fiejion NC Country USA 2f. Fax Number: r- Yes r No r- Yes r No 3b. Business Name: Buttercup Solar, LLC 3c. Address Street Address 3402 Pico Boulevard Address Line 2 Cfty Santa Monica Postal / Zip Code 90405 3d. Telephone Number: (828)777-1057 3f. Email Address:* jess.ingram@ccrenew.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) NA 1c. Nearest municipality/ town: Rose Hill 2. Project Identification 2a. Property Identification Number: 330900736981;330900813377 2c. Project Address Street Address 1307 West Charity Road Address Line 2 4tY Rose Hill Postal / Zip (ode 28458 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Reedy Branch Creek 3b. Water Resources Classification of nearest receiving water:* C;Sw 3c. What river basin(s) is your project located in?* Cape Fear 3d. Please provide the 12 -digit HUC in which the project is located. 030300070404 4. Project Description and History State / Frmince / Region CA Country USA 3e. Fax Number: 2b. Property size: 104.5 State / Rovince / Iagron NC Country USA 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 majority of the property is currently utilized for silvicultural activities and is wooded. There is an overhead electrical easement that runs north to south in the western portion of the property. The south-central portion of the property is a cleared horse pasture and the southeastern portion of the property is a tree nursery. Two tributaries to Reedy Branch Creek run through the site. Uplands in the wooded portions of the site consist mostly of pine forest, with loblolly pine being the dominant tree species. Other tree species present include tulip poplar, sweetgum, and water oak. Common shrubs include sweetgum, wax myrtle, and red bay. Riparian floodplain wetlands are located in the southern portion of the site. These wetlands support red maple, sweet bay, tulip poplar, red bay, sweetgum, and Chinese privet. Common herbs include dog hobble and royal fern. Other wetlands are depressions located in the northern portion of the site. These wetlands support sweetgum, swamp black gum, red maple, and tulip poplar. Several jurisdictional ditches also span the property. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* r Yes r No f 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) Buttercup Topo.pdf 1.63MB 4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) Buttercup Soils.pdf 697.09KB 4f. List the total estimated acreage of all existing wetlands on the property: 13.3 4g. List the total estimated linear feet of all existing streams on the property: 3,300 4h. Explain the purpose of the proposed project:* The purpose of the project is to develop a solar facility within the site. Impacts to a non -stream jurisdictional channel and a stream are needed to provide access and utilities throughout the site and to install sedimentation and erosion control devices during construction. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The solar facility will consist of photovoltaic panels supported on driven steel piles. Solar panels will be installed on a ground -mounted, single-aps tracking system to follow the sun throughout the day. Projected structure height (AGL) is approximately 10 feet. The construction process entails steel post installation with light clearing and grading if needed (and permitted). Once the steel posts are installed, brackets and modules will be installed. Proposed impact areas consist of constructing access roads and installing utility lines across jurisdictional channels. Two new crossings will be constructed. The gravel roads well be 15 feet wide with small shoulders and 3:1 side slopes. Impact #1 is a jurisdictional ditch crossing and will have a 48" RCP culvert with flared end sections. Impact #2 is a stream crossing and well include two 48" RCP culverts, headwalls, and rip rap. Rip rap is needed for inlet and outlet protection. The outlet protection is sized to withstand full flowvelocity of the pipe during a 10 -year storm event. Additionally, a small amount of temporary impact is needed at both crossing locations for construction access. These areas will be returned to grade as near as possible, matted, and seeded once the crossings are complete. 4j. Please upload project drawings for the proposed project. Buttercup_NWP E)Mibit CCR Ex-200_08-30-19.pdf 1.71 MB Buttercup_NWP Exhibit -CCR _EX 201_08-30-19.pdf 2.06MB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes Comments: r No Sb. If the Corps made a jurisdictional determination, what type of determination was made?* r Preliminary r Approved r Not Verified r Unknown r WA Corps AID Number: SAW -2016-01847 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Corey Novak Agency/Consultant Company: Land Management Group Other: r Unknown 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR Tom Charles of the USACE issued the PJD on 10/24/16. 5dl. Jurisdictional determination upload Buttercup_USACE Lett (Prelim)_10-24-2016.pdf 812.15KB 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 project or related activity? No D. Proposed Impacts Inventory 1 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): F Wetlands R Streams -tributaries r Buffers jJ Open Waters r Pond Construction 3. Stream Impacts 3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact* 3d. S. name * 3e. Stream Type* 3f. Type of 3g. S. width * 3h. Impact F ?) Jurisdiction* length* S1 Road Crossing g Permanent Culvert UT of Reed Branch Y Perennial Both 10 Average (feet) 81 (linear feet) S2 Erosion Control Tem orar p Y Other UT of Reed Branch Y Perennial Both 10 Average (feet) 30 (linear fcet) 31. Total jurisdictional ditch impact in square feet: 31. Total permanent stream impacts: 81 3i. Total stream and ditch impacts: 111 31. Total temporary stream impacts: 30 3j. Comments: Temporary impacts are needed for equipment access and erosion control measures during road crossing construction. 4. Open Water Impacts 4a. Site # 4a1. Impact Reason 4b. Impact type 4c. Name of waterbody 4d. Activity type 4e. Wate rbody type 4f. Impact area 1a Road Crossing P WA Culverts Ditch 0.02 1b Erosion Control T NIA Other Ditch 0.01 4g. Total temporary open water Impacts: 0.01 4g. Total open water impacts: 0.03 4h. Comments: 4g. Total permanent open water impacts: 0.02 Temporary impacts are needed for equipment access and erosion control measures during road crossing construction. E. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Impacts to jurisdictional areas were minimized as much as possible in the site design. Note that streams and jurisdictional channels span the entire length of the property and impacts were needed to provide access to uplands within the site. Road widths were minimized as much as possible. Note that the existing culvert near Impact #1 could not be used because it is very close to the landowner's structures and the landowner did not want the developer to use it. Additionally, the existing culvert near the stream impact could not be used because it is located where three channels converge. Trying to widen the ebsting road in this location would not only result in more impacts than the proposed new crossing, but would also present turning radius challenges to stay within the leased boundary footprint for the equipment using the roads. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: A sedimentation and erosion control plan will be designed and implemented during construction so that sediment will not leave the site during earth work operations. 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 2b. If this project DOES NOT require Compensatory Mitigation, explain why: Total permanent impacts have been minimized to less than 0.1 acre of Waters of the US 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: Site is located within the Cape Fear River Basin 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* r Yes r No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? r Yes r 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 r 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 (15ANCAC 2B.0200)?* r Yes r 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. The project will not provide access or utilities to adjacent properties. No additional impacts are anticipated within the site. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r No r N/A 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 r Unknown 5e. Is this a DOT project located within Division's 1-8? r Yes r No 5f. Will you cut any trees 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 Si. 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 If yes, please provide details to include type of percussive activity, purpose, duration, and specific location of this activity on the property. Buttercup_ Percussive.pdf 63.43KB 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? The NC Natural Heritage Program database was reviewed to determine known occurrences of rare species. Additionally, LMG performed a habitat assessment for the site in 2016 and determined that the site does not appear to provide suitable habitat for any federally -protected species known to occur in Duplin County. LMG contacted the USFWS and they concurred with our findings. Since that time, the WNS zone of the northern long-eared bat has extended into Duplin County. However, no roost trees or hibernacula are known to occur in Duplin County. Therefore, any impacts to the bat from tree clearing is exempt per the 4(d) rule issued for the species. Consultation Documentation Upload Buttercup_USFW rec letter_9-30-2016.pdf 11 11.71<13 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?* NOAA EFH Mapper 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?* SHPO was contacted during the State Clearinghouse review of the site in 2016. They requested an archaeological survey if grading or clearing would be conducted within 100 meters of streams (ER -1634). The applicant retained ACC to perform an archaeological survey in March of 2019 within the Area of Potential Effect, which encompassed approximately 60 acres of the site. No archaeological resources were identified and ACC recommended that the project move forward without additional archaeological investigation. SHPO concurred with this assessment in a letter dated May 7, 2019. 7c. Historic or Prehistoric Information Upload Buttercup_SHPO Resp Lett _05-07-19.pdf 119.46KB 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 Flood Map Service Center website was reviewed. Miscellaneous Comments Miscellaneous attachments not previously requested. Buttercup Vicinity.pdf Signature V By checking the box and signing below, I certify that: 678.06KB • 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: Kimberlee C Williams Signature Date 8/30/2019 AGENT AUTHORIZATION FORM TO WHOM IT MAY CONCERN: I/we, the undersigned, hereby authorize Land Management Group to act as our agent in the preparation and representation of information related to the Section 404/401 permit application for Buttercup Solar, LLC; Duplin County, NC project. All questions in regards to this project should be directed to Land Management Group. Sincerely, ________________________________________ Applicant ________________________________________ Print Name ________________________________________ Date DocuSign Envelope ID: BFC115B2-2CE9-41F1-9170-FA9271957151 jess ingram 8/30/2019 Map Source: USGS Duplin County GIS Mosaic (7.5’ Charity quad) Figure 2 USGS Topographic Mapwww.lmgroup.net 3805 Wrightsville Avenue Wilmington, NC 28403 Phone: 910.452.0001 Fax: 910.452.0060 *Boundaries are approximate and are not meant to be absolute. N SCALE 1" = 800’ (when printed at 11”x17”) Esri, HERE, DeLorme, MapmyIndia, © OpenStreetMap contributors SITE Buttercup Solar, LLC Duplin County, NC August 2019 LMG19.097 Map Source: NRCS Soil Survey GIS Data Figure 3 Soils Mapwww.lmgroup.net 3805 Wrightsville Avenue Wilmington, NC 28403 Phone: 910.452.0001 Fax: 910.452.0060 *Boundaries are approximate and are not meant to be absolute. N SCALE 1" = 300’ (when printed at 11”x17”) Legend AuB: Autryville loamy fine sand, 0-6% slopes GoA: Goldsboro loamy sand, 0-2% slopes JoA: Johns fine sandy loam, 0-2% slopes McC: Marvyn & Gritney soils, 6-15% slopes MkA: Muckalee loam, 0-1% slopes NbA: Noboco loamy fine sand, 0-2% slopes NbB: Noboco loamy fine sand, 2-6% slopes WoA: Woodington loamy fine sand, 0-1% slopes AuB GoA NbA WoA MkA AuB NbA AuB McC McC Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community SITE Buttercup Solar, LLC Duplin County, NC August 2019 LMG19.097 SCALE: NTSNVICINITY MAP(TOWNSHIP INDIAN CREEKCITY OF ROSE HILL)NC-1140W CHARITY RD(SR 1102)WELL BROTHERS ROADROSEMARY ROAD(SR 1148)4040TO ROSE HILLTO GRENEVERSNOW OR FORMERLY WYATT E. BLANCHARD & CATHERINE B. REGISTER DEED BOOK 436, PAGE 624 PIN# 330900736981 AREA: 4,440,198 S.F. OR 101.933 ACRES NOW OR FORMERLY CATHERINE B. REGISTER PIN# 330900627473 NOW OR FORMERLY MARVIN GRAHAM DEED BOOK 968, PAGE 474 PIN# 330900635028 NOW OR FORMERLY GEORGE ANDREW DIXON, SR. AND HEIRS.DEED BOOK 439, PAGE 302PIN# 330900645099 NOW OR FORMERLY JAMES DOBSON HEIRSPIN# 330900854351 NOW OR FORMERLY DUPLIN COUNTY BOARD OF EDUCATION DEED BOOK 457, PAGE 502 PIN# 330900942146 NOW OR FORMERLYNOW OR FORMERLYNOW OR FORMERLY MCCALLOP, WILLIAM, JR.DEED BOOK 961, PAGE 512PIN# 330900727357NOW OR FORMERLY NOW OR FORMERLY WYATT E. BLANCHARD & CATHERINE B. REGISTER DEED BOOK 11E, PAGE 259NORTHNGRAPHIC SCALE200'01" = 200'200'100'ELECTRONIC FILES ARE INSTRUMENTSOF SERVICE PROVIDED BY CYPRESS CREEKRENEWABLES, LLC FOR THE CONVENIENCEOF THE INTENDED RECIPIENT(S), AND NOWARRANTY IS EITHER EXPRESSED ORIMPLIED.  ANY REUSE OR REDISTRIBUTION OFTHIS DOCUMENT IN WHOLE OR PARTWITHOUT THE WRITTEN AUTHORIZATION OFCYPRESS CREEK RENEWABLES, LLC, WILL BEAT THE SOLE RISK OF THE RECIPIENT.  IFTHERE IS A DISCREPANCY BETWEEN THEELECTRONIC FILES AND THE SIGNED ANDSEALED HARD COPIES, THE HARD COPIESSHALL GOVERN.  USE OF  ANY ELECTRONICFILES GENERATED OR PROVIDED BYCYPRESS CREEK RENEWABLES, LLC,CONSTITUTES AN ACCEPTANCE OF THESETERMS AND CONDITIONS.ABCDEFGHSEALPROJECTCHECKED BY:DRAWN BY:DATE:PLT STAMP REVISIONS DATE DESCRIPTIONNO. CONNORBOYLE 8/30/2019 12:49 PM BUTTERCUP_NWP EXHIBIT.DWG543216789010 543216789010ACDEFGHBCYPRESS CREEK EPC, LLC 5310 SOUTH ALSTON AVE. BDG 300 DURHAM, NORTH CAROLINA 27713 (919) 240-4815 NC LICENSE: D-0383 445 BUSH ST :: 8TH FLOOR :: SAN FRANCISCO, CA 94108 5310 SOUTH ALSTON AVE :: BLDG 300 :: DURHAM, NC 27713 770 L ST :: SUITE 950 :: SACRAMENTO, CA 95814 BUTTERCUP SOLAR, LLC 08/27/2019GCMCRBPERMIT DRAWING - NOTRELEASED FOR CONSTRUCTION1303 W CHARITY ROAD DUPLIN COUNTY, NC 28458 3402 PICO BLVD, SANTA MONICA, CA 90405 OVERALL SITE PLANEX-20015' GRAVELACCESS ROADBUTTERCUPSOLAR SITEDELINEATEDWETLANDDELINEATEDNON-STREAMRELATIVELY PERMANENTWATER (RWP)IMPACT 1IMPACT 2EXISTINGCULVERTNOTES:WETLANDS DELINEATED BY LAND MANAGEMENT GROUP, INCAND CONFIRMED BY USACE ON OCTOBER 24, 2016.TEMPORARY MEASURES INCLUDE BUT ARE NOT LIMITED TO:TEMP EC MEASURES AND MECHANIZED LAND CLEARING.TEMPORARY WETLAND IMPACTS WILL BE RESTORED TOSIMILAR PRE-CONSTRUCTION CONTOURS, MATTED ANDSEEDED.WETLAND 12.38 ACRES1050' ALONG RPWCENTERLINE TO IMPACT1WETLAND 24.37 ACRESDELINEATEDSTREAM1390' ALONG STREAMCENTERLINE TO IMPACT2WETLAND 31.44 ACRESWETLAND 40.46 ACRESWETLAND 50.95 ACRESWETLAND 63.57 ACRESDELINEATED NON-STREAMRELATIVELY PERMANENTWATERSEXISTINGCULVERTEXISTINGCULVERT30' BUFFER(TYP.)30' BUFFER(TYP.)DELINEATED NON-STREAMRELATIVELY PERMANENT WATERS1931' ALONG RELATIVELY PERMANENTWATERS CENTERLINE TO IMPACT 1APPROX.SOLAR ARRAYAREA (TYP.)TEMPORARY GRAVELLAYDOWN AREAELECTRICAL CONDUIT NORTHNELECTRONIC FILES ARE INSTRUMENTSOF SERVICE PROVIDED BY CYPRESS CREEKRENEWABLES, LLC FOR THE CONVENIENCEOF THE INTENDED RECIPIENT(S), AND NOWARRANTY IS EITHER EXPRESSED ORIMPLIED.  ANY REUSE OR REDISTRIBUTION OFTHIS DOCUMENT IN WHOLE OR PARTWITHOUT THE WRITTEN AUTHORIZATION OFCYPRESS CREEK RENEWABLES, LLC, WILL BEAT THE SOLE RISK OF THE RECIPIENT.  IFTHERE IS A DISCREPANCY BETWEEN THEELECTRONIC FILES AND THE SIGNED ANDSEALED HARD COPIES, THE HARD COPIESSHALL GOVERN.  USE OF  ANY ELECTRONICFILES GENERATED OR PROVIDED BYCYPRESS CREEK RENEWABLES, LLC,CONSTITUTES AN ACCEPTANCE OF THESETERMS AND CONDITIONS.ABCDEFGHSEALPROJECTCHECKED BY:DRAWN BY:DATE:PLT STAMP REVISIONS DATE DESCRIPTIONNO. CONNORBOYLE 8/29/2019 2:20 PM BUTTERCUP_NWP EXHIBIT.DWG543216789010 543216789010ACDEFGHBCYPRESS CREEK EPC, LLC 5310 SOUTH ALSTON AVE. BDG 300 DURHAM, NORTH CAROLINA 27713 (919) 240-4815 NC LICENSE: D-0383 445 BUSH ST :: 8TH FLOOR :: SAN FRANCISCO, CA 94108 5310 SOUTH ALSTON AVE :: BLDG 300 :: DURHAM, NC 27713 770 L ST :: SUITE 950 :: SACRAMENTO, CA 95814 BUTTERCUP SOLAR, LLC 08/27/2019GCMCRBPERMIT DRAWING - NOTRELEASED FOR CONSTRUCTION1303 W CHARITY ROAD DUPLIN COUNTY, NC 28458 3402 PICO BLVD, SANTA MONICA, CA 90405 OVERALL SITE PLANEX-20130' CCR BUFFERDELINEATED RPWCENTERLINE15' GRAVELACCESS ROADIMPACT 1 PLAN VIEWSCALE: 1" = 50'PROPOSED AREA OFPERMANENT IMPACTPROJECT LIMITS OFDISTURBANCEEXISTING TREEDRIP LINE (TYP.)PROPOSED AREA OF TEMPORARYIMPACT DUE TO CONSTRUCTION48" RCP CLASS IV CULVERT50' IN LENGTHFLARED END SECTIONFLARED END SECTIONDELINEATED STREAM CENTERLINE15' GRAVEL ACCESSROAD30' CCR BUFFERPROPOSED AREA OFPERMANENT IMPACTPROJECT LIMITS OF DISTURBANCEEXISTING TREE DRIP LINE(TYP.)TWO 48" RCP CLASS IV CULVERTS 50' IN LENGTHSTRAIGHT HEADWALLSTRAIGHT HEADWALLIMPACT 2 PLAN VIEWSCALE: 1" = 50'APPROX.SOLAR ARRAYAREA (TYP.)EXISTING CULVERTSTREAM IMPACT 2 SUMMARYPERMANENT IMPACT(LF)TEMPORARY IMPACT(LF)IMPACT 2CULVERT SIZINGLENGTH (LF)DIAMETER (INCHES)MATERIALIMPACT 1 - ONECULVERTRCP CLASS IV, SQUARE HEADWALLIMPACT 2 - TWOCULVERTSRCP CLASS IV, SQUARE HEADWALL, RIP RAPNOTES:ALL TEMPORARY IMPACT AREAS (AREAS CLEARED FOR INSTALLATIONPURPOSES) WILL BE RETURNED TO NATURAL VEGETATION ANDPRE-EXISTING TOPOGRAPHY AS CLOSELY AS PRACTICAL.IF WATER IS FLOWING THROUGH THE STREAM [RPW] AT THE TIME OFCONSTRUCTION, WATER WILL BE PUMPED AROUND THE CULVERTINSTALLATION THROUGH A HOSE WITH AN INTAKE SCREEN TO PREVENTAQUATIC SPECIES FROM GETTING TRAPPED. SEE DETAIL THIS SHEET.CULVERT DIAMETER WAS SELECTED TO FACILITATE ANTICIPATED WATERFLOW WITHIN THE FEATURE. DIAMETER OF THE CULVERT WILL MEET OREXCEED THE DIMENSIONS OF NEARBY CULVERTS UPSTREAM OF THESECROSSINGS .ALL PROPOSED ELECTRICAL TO BE INSTALLED IN PVC CONDUIT ROUTEDOVER THE TOP OF THE CULVERT, AS SHOWN.RPW IMPACTS 1 SUMMARYPERMANENT IMPACT(SF)TEMPORARY IMPACT(SF)IMPACT 110" ELECTRICAL CONDUITINSTALLED OVER CULVERT15' GRAVEL ACCESSROAD (TYP.)FLARED END SECTION8' IN LENGTH (TYP.)3:1 MAX3:1 MAX48" RCP CULVERT50' IN LENGTH (TYP.)15' TEMP DISTURBANCE15' TEMP DISTURBANCEGRASS STABILIZATION (TYP.)STRAIGHT HEADWALL2-48" RCP CULVERTS50' IN LENGTH12' PERMANENT DOWNSTREAMDISTURBANCE15' GRAVEL ACCESS ROAD3:1 MAX3:1 MAX12' PERMAMENT UPSTREAMDISTURBANCEGRASS STABILIZATION (TYP.)81' PERMANENT IMPACTTEMPORARY MATERIALLAYDOWN YARD68' PERMANENT IMPACTGRAVEL ACCESS ROADLIMITS OF DISTURBANCESILT FENCEPRO MAJOR CONTOURPRO MINOR CONTOURPERMANENT IMPACTPROPERTY LINEJURISDICTIONAL STREAMEX. MAJOR CONTOUREX. MINOR CONTOURJURISDICTIONAL WETLANDEXISTINGLEGENDPROPOSEDPROPOSED AREA OF TEMPORARYIMPACT DUE TO CONSTRUCTIONPROPOSED AREA OF TEMPORARYIMPACT DUE TO CONSTRUCTIONPROPOSED AREA OF TEMPORARYIMPACT DUE TO CONSTRUCTIONRIP RAP STABILIZATIONRIP RAP STABILIZATIONRIP RAP STABILIZATIONRIP RAP STABILIZATIONIMPACT 1 CROSS-SECTION(NOT TO SCALE)IMPACT 2 CROSS-SECTION(NOT TO SCALE) U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW -2016-01847 County: Duplin U.S.G.S. Quad: NC -CHARITY NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner: Wyatt Blanchard 103 Hilltop Lane Hampstead, North Carolina 28443 Agent: Corey Novak- LMG, Inc. 3805 Wrightsville Ave, Suite 15 Wilmington, North Carolina 28403 Size (acres) 104.5 Nearest Town Rose Hill Nearest Waterway Reedy Branch River Basin Northeast Cave Fear USGS HUC 03030007 Coordinates Latitude: 34.828205 N Longitude: -77.974734 W Location description: The property is located at East of Rose Hill West Charity Road (Property No. 330900736981 & 330900813377) in Rose Hill, Duplin County, North Carolina. The proiect site consists of 104.5 -acres of agricultural land and undeveloped, forested land. The project area is bordered by forested land to the North, West and East and agricultural land & forested to the south. Indicate Which of the Following Apply: A. Preliminary Determination X There appear to be waters, including wetlands, on the above described property, as depicted on the attached exhibit, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344). This preliminary jurisdictional determination may be used in the permit evaluation process, including determining compensatory mitigation. 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. 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 and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. There are waters of the U.S. including wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ We strongly suggest you have the waters of the U.S. including wetlands on your project area delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. _ The waters of the U.S. including wetlands on your project area have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. _ The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat identified below. 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 property 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 Wilmington, NC, at (910) 796-7215 to determine their requirements. Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Tom Charles at 910- 251-4101 or Thomas.p.charles(&usace.army.mil. C. Basis for Determination: Portions of this site may exhibit wetland criteria as described in the 1987 Corps Wetland Delineation Manual and the Atlantic and Gulf Coastal Plain ReEional Supplement. This determination is based on a site visit conducted by Tom Charles of the Corps on 9/20/2016. The enclosed figure titled, "Fieure 7 Wetland Delineation Map, Buttercup Solar, LLC Duplin County, NC, Dated June 2016. LMG # 01-16-I14W Approximate 104.5 Acre Tract, accurately depicts the approximate extent of on-site waters of the U.S., includine wetlands, that may be jurisdictional under Section 404 of the Clean Water Act. D. Remarks: E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 10M 15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by NA. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. Digitally signed 6y CHARLES.THOMAS.P.1288547196 CHARLES.THOMAS.P.1288547196 ccn=.CHARLESTH MAS.P. 288547�96oD, ou=PKl, ou=USA, Corps Regulatory Official: Date: 2016.11.0916:25:17-05'00' Date: 10/24/2016 Expiration Date: NA The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at http://re ug latory.usacesurvey.com/. Figure 7 Wetland Delineation Mapwww.lmgroup.net 3805 Wrightsville Avenue Wilmington, NC 28403 Phone: 910.452.0001 Fax: 910.452.0060 N SCALE 1" = 300’ (when printed at 11”x17”) Buttercup Solar, LLC Duplin County, NC June 2016 LMG # 01-16-114W RECENTLY REPLACED CULVERT REQUIRES STABILIZATION A A A A A A A A A A A A A A A A AA A A A A A A A A RR RR R R W C h a r ity R d Map Source: 2013 NC OneMap Aerial Photography Legend Streams ~3,300 l.f. Relatively Permanent Waters (WoUS) ~5,000 l.f. Buttercup Solar Project Area ~104.5 acres Uplands ~91.2 ac (87.3%) Wetlands ~13.3 ac (12.7%) R R A Flagged Wetlands outside of tax parcel Non-jurisdictional Ditches ~1,200 l.f. Geo-referenced Photo Stations Data Form Locations Stream Form Locations A1 A46 A62 A151 NOTE: This is not a survey. All boundaries and distances are considered approximate. This represents a preliminary sketch prepared from field notes. A survey of delineated areas and review and approval by the US Army Corps of Engineers is recommended prior to specific site planning. The jurisdictional verification has not been performed onsite with USACE and/or DENR at this time. B1 B13 C1 C43 D1-4 E1 E22 F1 F12 N174 N200 G19 N1 N15 G5 N137 G1 SF1 DP1 SF2 DP2 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1819 20 21 22 23 24 25 26 27 A C C C17 C2 C C C Culvert Locations BUTTERCUP SOLAR, LLC Duplin County, NC The project involves the construction of a solar facility. A pile driver will be used to install the steel posts, which may be considered a percussive activity. This work will be conducted as quickly as possible and will occur within the hours allowed by the authority having jurisdiction. North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Office of Archives and History Secretary Susi H. Hamilton Deputy Secretary Kevin Cherry Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 807-6570/807-6599 May 7, 2019 Michael Keith O’Neal Archaeological Consultants of the Carolinas, Inc. 121 East First Street Clayton, NC 27520 Re: Draft Report: Archaeological Survey of the Buttercup Solar, LLC Tract; Duplin County, ER 16-1334 Dear Mr. O’Neal: We have received the draft archaeological survey report prepared by Archaeological Consultants of the Carolinas, Inc. (ACC) pertaining to the proposed Buttercup Solar, LLC solar power generation site adjacent to 1307 Charity Road near Rose Hill in Duplin County. Approximately 8 acres of the 100-acre tract were considered close enough to a permanent water source to have been used for habitation by prehistoric aboriginal inhabitants. The archaeological survey was designed to intensively test for features and artifacts that would indicate the presence of the sites. No artifacts or archaeological features were identified during the course of the survey. Due to this ACC recommended that the project be cleared to go forward without further archaeological investigation. We concur with this recommendation since the project will not involve significant archaeological resources. The above comments are made pursuant to Section 106 and 110 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 919-814-6579 or environmental.review@ncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, Ramona M. Bartos cc: Kim Williams, Land Management Group, Inc. (c) OpenStreetMap and contributors, Creative Commons-Share Alike License (CC-BY-SA), Esri, HERE, DeLorme, MapmyIndia, © OpenStreetMap contributors Figure 1 Vicinity Map Map Source: ArcGIS Open Street Map SITE N SCALE 1" = 1 mile www.lmgroup.net 3805 Wrightsville Avenue Wilmington, NC 28403 Phone: 910.452.0001 Fax: 910.452.0060 *Boundaries are approximate and are not meant to be absolute.(when printed at 11”x17”) Buttercup Solar, LLC Duplin County, NC August 2019 LMG19.097 SITE United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh ES Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 September 30, 2016 Kim Williams Land Management Group, Inc. 3805 Wrightsville Ave., Suite 15 Wilmington, NC 28403 Re: Buttercup Solar Site — Duplin County, NC Dear Mrs. Williams: This letter is in response to your request for information on your proposed solar project, listed above. Our comments are submitted pursuant to, and in accordance with, provisions of the Endangered Species Act (the Act). Based on the information provided and other information available, it appears that the proposed action is not likely to adversely affect any federally -listed endangered or threatened species, their formally designated critical habitat, or species currently proposed for listing under the Act at these sites. We believe that the requirements of section 7(a)(2) of the Act have been satisfied for your project. Please remember that obligations under section 7 consultation must be reconsidered if. (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered; (2) this action is subsequently modified in a manner that was not considered in this review; or, (3) a new species is listed or critical habitat determined that may be affected by the identified action. However, the Service is concerned about the potential impacts the proposed action might have on aquatic species. Aquatic resources are highly susceptible to sedimentation. Therefore, we recommend that all practicable measures be taken to avoid adverse impacts to aquatic species, including implementing directional boring methods and stringent sediment and erosion control measures. An erosion and sedimentation control plan should be submitted to and approved by the North Carolina Division of Land Resources, Land Quality Section prior to construction. Erosion and sedimentation controls should be installed and maintained between the construction site and any nearby down -gradient surface waters. We recommend maintaining natural, vegetated buffers on all streams and creeks adjacent to the project site. In addition, we encourage the use of natural vegetation management practices (such as sheep grazing) and the planting or seeding of native pollinator plant species where possible on the site. If you are interested in pursuing these and other efforts to improve habitat for various species (such as bird houses and bat boxes), please feel free to contact us. In general, the Service recommends that solar facilities be sited in areas that are previously disturbed, or sites that do not impact mature forest, wetlands, or streams. The North Carolina Wildlife Resources Commission has developed a Guidance Memorandum (a copy can be found on our website at (http://www.fws.gov/raleigh) to address and mitigate secondary and cumulative impacts to aquatic and terrestrial wildlife resources and water quality. We recommend that you consider this document in the development of your projects and in completing an initiation package for consultation (if necessary). If you have any questions or comments, please contact Kathy Matthews of this office at (919) 856-4520 ext. 27. Sincerely, ?IKAKL6L� r,Z e Benjamin '� '"- Field Supervisor 2