SW3210403_Wetland Determination/Report (1)_20210722

Preliminary ORM Data Entry Fields for New Actions
ACTION ID #: SAW- 2014-02265
Prepare file folder ❑
1. Project Name [PCN Form A2a]: Cape Fear Solar
Begin Date (Date Received):
Assign Action ID Number in ORM ❑
2. Work Type: ❑Private ❑Institutional ❑Government ❑✓ Commercial
3. Project Description / Purpose [PCN Form B3d and B3e]:
The Project Study Area (PSA) is located at 2200 Southern Drive in Shelby, Cleveland County, North Carolina (Figure 1). The PSA
consists of one parcel totaling approximately 25 acres. According to the Cleveland County GIS Database website, the Parcel
Identification Number (PIN) is 51544. The PSA consists of dense wooded land. Surrounding areas consists of single-family residences
wooded land, and industrial facilities.
4. Property Owner / Applicant [PCN Form A3 or A4]: Heelstone Land Holdings LLC
5. Agent / Consultant [PNC Form A5 — or ORM Consultant ID Number]:
Michelle Measday / ECS
6. Related Action ID Number(s) [PCN Form B5b]:
7. Project Location —Coordinates, Street Address, and/or Location Description [PCN Form Blb]:
2200 Southern Drive, Shelby, Cleveland County, NC (35.31244,-81.59217)
8. Project Location —Tax Parcel ID [PCN Form B 1 a] : 51544
9. Project Location — County [PCN Form A2b]: Cleveland
10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Shelby
11. Project Information —Nearest Waterbody [PCN Form 132a]: Brushy Creek
12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: Broad River
Authorization: Section 10 ❑ Section 404 ✓❑
Regulatory Action Type:
❑ Standard Permit
✓ Nationwide Permit # #39
Regional General Permit #
✓ Jurisdictional Determination Request
Section 10 and 404 ❑
❑ Pre -Application Request
❑ Unauthorized Activity
❑ Compliance
❑ No Permit Required
Revised 20150602

ECS SOUTHEAST, LLP
Geotechnical *Construction Materials ! Environmental
9001 Glenwood Avenue
Raleigh, North Carolina 27617
Telephone [phone] Fax [phone]
To: U.S. Army Corps of Engineers
Asheville & Charlotte Regulatory Field Office
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, North Carolina 28801
We are sending you the following items via:
LETTER OF TRANSMITTAL
Date: December 7, Project No. 49: 6780-D
2020
COPIES
DATED
DESCRIPTION
1
December 07,
2020
Preliminary JD Request, Approved JD Request and PCN for Nationwide Permit 39 - Cape
Fear Solar Site
These are transmitted as checked below:
X For your use
As requested
REMARKS
Please find the attached request for the Cape Fear Solar Site in Shelby, Cleveland County, North Carolina. The
Preliminary Jurisdictional Determination request pertains to additional project area that are outside of the approved JD
issued in 2015.
If you have any questions, please contact Michelle Measday at [phone] or at [e-mail].
COPY TO: Michelle Measdav 12-07-2020 SIGNED:
H6"V, Fv'& t

ECS SOUTHEAST, LLP "Setting the Standard for Service"
©� Geotechnical • Construction Materials • Environmental • Facilities NC Registered Engineering Firm F-1078
NC Registered Geologists Firm C-406
SG Registered Engineering Firm 3239
December 3, 2020
U.S. Army Corps of Engineers
Charlotte Regulatory Office
Wilmington District
151 Patton Avenue, Room 208
Asheville, North Carolina 28801
Reference: Pre -Construction Notification Application
Request for Nationwide Permit 39 — Commercial and Institutional Developments
Request of Jurisdicational Determination
Cape Fear Solar Site — SAW-2014-02265
2200 Southern Drive
Shelby, Cleveland County, North Carolina
ECS Project No.: 49:6780-D
To whom it may concern,
Please find the attached Request for Pre -Construction Notification (PCN) Nationwide Permit 39
for the Cape Fear Solar Project. The purpose of the project is to construct a solar array with
associated access drive. In addition, we are also requesting a Preliminary Jurisdictional
Determination (JD) on acreage not previously included in the approved JD issued in 2014.
Background
The project site is located at 2200 Southern Drive in Shelby, Cleveland County, North Carolina.
The site is identified as Cleveland County Parcel Identification Number (PIN) is 252768872 (parcel
51544), consists of approximately 25 acres. Based on the information available, the site consists
of undeveloped, wooded land with railroad right-of-way located along on the southern portions of
the site. Multiple streams are located on the eastern and western portions of the site. The site
historically consisted of agricultural and wooded land in the 1960's and wooded land in the 1990's.
Surrounding site consist of transportation uses, industrial properties and residences. Based upon
the United States Geological Survey (USGS) Topographic Map, surface waters are not depicted
on the subject site.
For the PCN, the proposed project includes the construction of a solar array with an associated
access road. The enclosed development plan proposes 0.010 acres of permanent fill impacts of
jurisdictional wetlands and 466 SF (146-LF) of permanent impacts to streams.
Site Reconnaissance
ECS conducted the site reconnaissance on August 13 and September 24, 2015 (eastern portion
of the property), November 1, 2017 (western portion of the property), and October 2, 2020 (re -
flagging of features). During the reconnaissance, the site was observed for evidence of ponds,
streams, and wetlands.
ECS Capitol Services, PLLC • ECS Florida, LLC • ECS Mid -Atlantic, LLC • ECS Midwest, LLC • ECS Southeast, LLP • ECS Texas, LLP
www.ecslimited.com

ECS observed two wetland areas on the northern (WA: 1-8) and southern (WA: 1-14) portions of
the site. The wetland areas exhibited wetland indicators of hydrophytic vegetation, wetland
hydrology, and hydric soils during the site reconnaissance.
ECS did observe potentially jurisdictional waters of the U.S. on site. Figures 6 & 7 show the
approximate GPS location of the site boundary and delineated areas.
Closing
On behalf of 233 Randolph 74 Solar I, LLC, ECS respectfully requests the use of NWP 39 to
authorize the permanent fill impacts of less than 0.010 acres of jurisdictional wetlands and 146-
LF (466-SF) of stream. The attached permit application and associated attachments provide
details pertaining to the proposed project impacts.
ECS looks forward to your attention to this request. Please contact me at [phone] or
bfulton(a)ecslimited.com with questions or if additional information is required.
Sincerely,
Michelle Measday, PWS, CFM
Environmental Senior Project Manager
mmeasday(a-)-ecslimited.com
[phone]
W. Brandon Fulton, LSS, PSC, PWS
Environmental Principal
bfulton ecslimited.com
(704) 525 — 5152
Attachments: Preliminary ORM Data Entry Fields for New Actions Form
Pre -Construction Notification Form
Appendices
PJD Form
Agent Authorization
Cape Fear Solar (WETLAND IMPACT EXHIBITS)
DP-1 Upland
Figures 1-7
Jurisdictional Determination SAW-2014-02265
USFWS Official Species List
USFWS Final 4(d) Rule for NLEB Verification Letter
NCSHPO GIS
Cleveland County Parcels Info
FWS Resource List
2

a`'pF wA rE�Q�
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Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
Pre -Construction Notification (PCN) Form
A.
Applicant Information
1.
Processing
1 a.
Type(s) of approval sought from the Corps:
❑X Section 404 Permit ❑ Section 10 Permit
1 b.
Specify Nationwide Permit (NWP) number: or General Permit (GP) number:
1 c.
Has the NWP or GP number been verified by the Corps?
❑ Yes ❑ No
1 d.
Type(s) of approval sought from the DWQ (check all that apply):
❑ 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
❑X Yes ❑ No
For the record only for Corps Permit:
❑ Yes ❑X No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank
or in -lieu fee program.
❑ Yes ❑X No
1 g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 In
below.
❑ Yes ❑X No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes ❑X No
2.
Project Information
2a.
Name of project:
Cape Fear Solar Project
2b.
County:
Cleveland
2c.
Nearest municipality / town:
Shelby
2d.
Subdivision name:
N/A
2e.
NCDOT only, T.I.P. or state project no:
N/A
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Heelstone Land Holdings, LLC
3b.
Deed Book and Page No.
1695 and 0871
3c.
Responsible Party (for LLC if
applicable):
Dustin Guinn/Sammons Infrastructure (Owner of Heelstone Land Holdings, LLC)
3d.
Street address:
236 Third Street
3e.
City, state, zip:
Baton Route, LA 70804
3f.
Telephone no.:
217-210-5016
3g.
Fax no.:
N/A
3h.
Email address:
[e-mail]
Page 1 of 10
PCN Form — Version 1.4 January 2009

4.
Applicant Information (if different from owner)
4a.
Applicant is:
❑ Agent ❑ Other, specify:
4b.
Name:
Greg Peterson
4c.
Business name
(if applicable):
233 Randolph 74 Solar, LLC
4d.
Street address:
11330 Vanstory Drive, Suite 101
4e.
City, state, zip:
Huntersville, NC 28078
4f.
Telephone no.:
4g.
Fax no.:
N/A
4h.
Email address:
[e-mail]
5.
Agent/Consultant Information (if applicable)
5a.
Name:
Michelle Measday
5b.
Business name
(if applicable):
ECS Limited
5c.
Street address:
9001 Glenwood Drive
5d.
City, state, zip:
Raleigh, NC
5e.
Telephone no.:
919-861-9910
5f.
Fax no.:
5g.
Email address:
[e-mail]
Page 2 of 10

B.
Project Information and Prior Project History
1.
Property Identification
1a.
Property identification no. (tax PIN or parcel ID):
51544
1b.
Site coordinates (in decimal degrees):
Latitude: 35.31244 Longitude:-81.59217
1 c.
Property size:
25 acres
2.
Surface Waters
2a.
Name of nearest body of water to proposed project:
Brushy Creek
2b.
Water Quality Classification of nearest receiving water:
Class C
2c.
River basin:
Broad River
3.
Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The project study area (PSA) is located at 2200 Southern Drive in Shelby. The PSA consists of approximately 25 acres. The PSA consists of dense
wooded land. Surrounding areas consists of single-family residential, wooded land and industrial facilities.
3b.
List the total estimated acreage of all existing wetlands on the property:
3c.
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
3d. Explain the purpose of the proposed project:
See Appendices.
3e. Describe the overall project in detail, including the type of equipment to be used:
See Appendices.
4.
Jurisdictional Determinations
4a.
Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (includingall prior phases)in the past?
❑X Yes ❑ No ❑ Unknown
Comments:
4b.
If the Corps made the jurisdictional determination, what type
of determination was made?
❑X preliminary ❑ Final
4c.
If yes, who delineated the jurisdictional areas?
Name (If known): David Valentine and Jenn Dew
Agency/Consultant Company: ECS Limited
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
SAW-2014-02265 (Issued April 3, 2015); Additional parcel areas added to previously issued JD are part of this application.
5.
Project History
5a.
Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
❑Yes ❑X No ❑ Unknown
5b.
NA
If yes, explain in detail according to "help file" instructions.
6.
Future Project Plans
6a.
Is this a phased project?
❑ Yes ❑X No
6b.
If yes, explain.
Page 3 of 10
PCN Form — Version 1.4 January 2009

C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑X Wetlands ❑X Streams — tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
Wetland impact
number
Permanent (P) or
Temporary T
2b.
Type of impact
2c.
Type of wetland
2d.
Forested
2e.
Type of jurisdiction
Corps (404,10) or
DWQ (401, other)
2f.
Area of
impact
(acres)
W1 P
Fill
Headwater Wetland
Yes
Corps
0.01
W2
Choose one
Choose one
Yes/No
W3
Choose one
Choose one
Yes/No
W4
Choose one
Choose one
Yes/No
W5
Choose one
Choose one
Yes/No
W6
Choose one
Choose one
Yes/No
2g. Total Wetland Impacts:
0.01
2h. Comments:
<0.01 Acres
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
Stream impact
number
Permanent (P) or
Temporary (T)
3b.
Type of impact
3c.
Stream name
3d.
Perennial (PER) or
intermittent (INT)?
3e.
Type of
jurisdiction
3f.
Average
stream
width
(feet)
3g.
Impact
length
(linear
feet)
S1
Culvert
Brushy Creek Trib
PER
Corps
3
146
S2
Choose one
S3
Choose one
S4
Choose one
S5
Choose one
S6
Choose one
3h. Total stream and tributary impacts
146
3i. Comments:
Page 4 of 10
PCN Form — Version 1.4 January 2009

4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then indivi ually list all open water impacts below.
4a.
Open water
impact number
Permanent (P) or
Temporary T
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
01
Choose one
Choose
O2
Choose one
Choose
03
Choose one
Choose
04
Choose one
Choose
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, the complete the chart below.
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
p1
Choose one
P2
Choose one
5f. Total:
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes 0 No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a. Project is in which protected basin?
❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other:
6b.
Buffer Impact
number —
Permanent (P) or
Temporary (T)
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet)
6g.
Zone 2
impact
(square
feet)
B1
Yes/No
B2
Yes/No
B3
Yes/No
B4
Yes/No
B5
Yes/No
B6
Yes/No
6h. Total Buffer Impacts:
6i. Comments:
Page 5 of 10

D.
Impact Justification and Mitigation
1.
Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
See appendices.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
See appendices.
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?
❑ Yes ❑X No
2b.
If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
2c.
If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
El Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3.
Complete if Using a Mitigation Bank
3a.
Name of Mitigation Bank:
3b.
Credits Purchased (attach receipt and letter)
Type: Choose one
Type: Choose one
Type: Choose one
Quantity:
Quantity:
Quantity:
3c. Comments:
4.
Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b.
Stream mitigation requested:
linear feet
4c.
If using stream mitigation, stream temperature:
Choose one
4d.
Buffer mitigation requested (DWQ only):
square feet
4e.
Riparian wetland mitigation requested:
acres
4f.
Non -riparian wetland mitigation requested:
acres
4g.
Coastal (tidal) wetland mitigation requested:
acres
4h.
Comments:
5.
Complete if Using a Permittee Responsible Mitigation Plan
5a.
If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
PCN Form — Version 1.4 January 2009

6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
Yes X No
buffer mitigation?
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
6c.
6d.
6e.
Zone
Reason for impact
Total impact
Multiplier
Required mitigation
(square feet)
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 7 of 10

E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1 a.
Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ❑X No
within one of the NC Riparian Buffer Protection Rules?
1 b.
If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ❑X No
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
5.6 %
2b.
Does this project require a Stormwater Management Plan?
❑X Yes ❑ No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why:
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
The City of Shelby will review under Phase II delegation. Project proposes approximately 5.6% increase in
impervious surface cover.
2e.
Who will be responsible for the review of the Stormwater Management Plan?
City of Shelby
3.
Certified Local Government Stormwater Review
3a.
In which localgovernment's jurisdiction is thisproject?
City of Shelby
❑X Phase II
❑ NSW
3b.
Which of the following locally -implemented stormwater management programs
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other:
3c.
Has the approved Stormwater Management Plan with proof of approval been
❑Yes ❑X No
attached?
4.
DWQ Stormwater Program Review
❑Coastal counties
❑HQW
4a.
Which of the following state -implemented stormwater management programs apply
❑ORW
(check all that apply):
❑X Session Law 2006-246
❑Other:
4b.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑X No
attached?
5.
DWQ 401 Unit Stormwater Review
5a.
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b.
Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 8 of 10
PCN Form — Version 1.4 January 2009

F.
Supplementary Information
1.
Environmental Documentation (DWQ Requirement)
1 a.
Does the project involve an expenditure of public (federal/state/local) funds or the
❑ Yes ❑X No
use of public (federal/state) land?
1 b.
If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
El Yes ❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c.
If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
❑ Yes ❑ No
letter.)
Comments:
2.
Violations (DWQ Requirement)
2a.
Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
❑Yes ❑X No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b.
Is this an after -the -fact permit application?
El Yes ❑X No
2c.
If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3.
Cumulative Impacts (DWQ Requirement)
3a.
Will this project (based on past and reasonably anticipated future impacts) result in
❑Yes ❑X No
additional development, which could impact nearby downstream water quality?
3b.
If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4.
Sewage Disposal (DWQ Requirement)
4a.
Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
No
wastewater is anticipated to be generated with this project.
Page 9 of 10
PCN Form — Version 1.4 January 2009

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
❑X Yes ❑ No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑X Yes ❑ No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
See the attached USGWS species list. FWS identified Hexastylis as potentially occurring along the channel corridor in correspondence from 2014
(included). We are continuing to coordinate with FWS for possible locations along the corridor and further guidance.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ❑X No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
NOAA Essential Fish Habitat 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
❑ Yes ❑X No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
See the attached NCSHPO GIs imagery.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?
❑ Yes ❑X No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination?
FEMA FIRM Map Service Center GIs viewer and attached figures.
Michelle Measday
K6"
12/07/2020
Applicant/Agent's Printed Name
Date
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization
letter from the applicant isprovided.)
Page 10 of 10

ECS SOUTHEAST, LLP
"Setting the Standard for Service"
Geotechnical • Construction Materials • Environmental • Facilities NC Registered Engineering Firm F-1078
NC Registered Geologists Firm C-406
SC Registered Engineering Firm 3239
APPENDICIES:
B. Project Information and Prior Project History
3d. Explain the purpose of the project:
This development includes the construction of a solar array with an associated access road.
The development plan proposes <0.01 acre of permanent fill impacts of jurisdictional wetlands
and approximately 146-LF (466-SF) of permanent fill impacts of a jurisdictional stream.
3e. Describe the overall project in detail, including the type of equipment to be used:
The 233 Randolph 74 Solar I project is a ground mounted photovoltaic system of less than two
megawatts, the output of which will be sold to Duke Energy Carolinas in support of North
Carolina's Renewables Portfolio Standard. The requested impacts are necessary in order to
construct an access road into the site.
Standard construction equipment such as cranes, excavators, dump trucks, and similar vehicles
would be used for the project. Proper erosion and sedimentation control measures would be
employed throughout the project. Typical materials and machinery will be used on -site during
the construction process.
D. Impact Justification and Mitigation
la. Specifically describe measures taken to avoid or minimize the proposed impacts in
designing project:
The proposed solar array is located within an upland area that is currently inaccessible due to
being land -locked between an existing railroad right-of-way to the south, Route 74 Bypass right-
of-way to the north and an industrial use to the east. An access road from Southern Drive is the
only feasible option to access the proposed project area. The alignment for the access road was
designed as close to perpendicular to the regulated features as was feasibly possible to
minimize impacts. However, the grade change from the access roadway approach to cross the
regulated area changes from approximately elevation 817-ft at the top of the crossing to
elevation 801-ft at the stream channel. In addition, the profile of the stream channel ranges from
approximately elevation 800-ft to 794-ft. In order to maintain stability of the stream and stability
of adjacent slopes to allow for the crossing, approximately 133-LF of stream channel will be
placed within a culvert with proposed headwall construction at each end resulting in 146-LF of
stream impacted with the access road construction. To allow access to the upland site for
construction of the solar array, the impacts associated with the access road construction are
unavoidable due to the land -locked nature of the site, steep stream profile slope and adjacent
steep topographic slope to the stream. A small pocket of wetlands will also be impacted by
grading associated with construction of the access road.
Construction of the access road on a structure or utilizing retaining walls to minimize grading
impacts to the stream, adjacent slopes and wetlands were explored in lieu of
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grading/replacement of the stream with a culvert, however, this option was determined to be
unfeasible due to the overall cost of the potential structures.
Avoidance and minimization of proposed impacts were performed to the greatest extent
practicable with respect to the upstream and downstream waters and adjacent wetland areas,
while balancing stability of the stream and adjacent side slopes.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through
construction techniques:
Disturbance of the stream and wetlands shall be minimized to the extent practicable in order for
the proper installation of the access roadway. The construction techniques shall be conducted in
accordance with NCDENR standards. Temporary and additional erosion control measures shall
be maintained throughout the construction process. Silt fencing will be placed at the bottom of
the slopes to deter sediment and erosion control during roadway development activities.
Temporary erosion, sedimentation, and pollution controls will be installed prior to and
maintained during the entire construction duration and until final stabilization is established.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
Due to the small quantity of wetland impacts, it is the opinion of the applicant the proposed
activities result in minimal adverse environmental effects. No compensatory mitigation is
proposed.
F. Supplementary Information
5d. The USFWS identified suitable habitat for Hexastylis naniflora within the PSA. The plant was
last observed on site in 2010. We are continuing to coordinate with the USFWS on exact
locations and any further guidance with regard to project impacts. A copy of the USFWS letter
from November 13, 2014 has been included with this submission.
2

PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD:
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: M Measday, ECS, 9001
Glenwood Avenue, Raleigh, NC 27617
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington, Cape Fear Solar
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES
AND/OR AQUATIC RESOURCES AT DIFFERENT SITES)
State: North Carolina County: Cleveland City: Shelby
Center coordinates of site (lat/long in degree decimal format):
Latitude: 35.31244 Longitude:-81.59217
Universal Transverse Mercator:
Name of nearest waterbody: Brushy Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
❑ Field Determination. Date(s)-
TABLE OF AQUATIC RESOURCES IN REVIEWAREA WHICH "MAY BE" SUBJECT TO
REGULATORY JURISDICTION.
Estimated amount
Geographic authority to
Latitude
of aquatic
Type of aquatic
which the aquatic resource
Site
(decimal
Longitude (decimal
resources in review
resources (i.e.,
"may be" subject (i.e.,
Number
degrees)
degrees)
area (acreage and
wetland vs. non-
Section 404 or Section
linear feet, if
wetland waters)
10/404)
applicable
SAA
35.311009
-81.590495
—138 LF
Non -wetland
Section 404
SA
35.312135
_81.590164
—1,516 LF
Non -wetland
Section 404
SB
35.312168
-81.594349
—482 LF
Non -wetland
Section 404
Sc
35.312269
-81.593898
—76 LF
Non -wetland
Section 404
SD
35.311774
-81.595161
—75 LF
Non -wetland
Section 404
WA
35.313109
-81.590516
—0.0286 Ac
Wetland
Section 404
WA
35.210951
-81.590229
—0.1 Ac
Wetland
Section 404

1) The Corps of Engineers believes that there may be jurisdictional aquatic resources
in the review area, and the requestor of this PJD is hereby advised of his or her option
to request and obtain an approved JD (AJD) for that review area based on an
informed decision after having discussed the various types of JDs and their
characteristics and circumstances when they may be appropriate.
2) In any circumstance where a permit applicant obtains an individual permit, or a
Nationwide General Permit (NWP) or other general permit verification requiring "pre -
construction notification" (PCN), or requests verification for a non -reporting NWP or
other general permit, and the permit applicant has not requested an AJD for the
activity, the permit applicant is hereby made aware that: (1) the permit applicant has
elected to seek a permit authorization based on a PJD, which does not make an
official determination of jurisdictional aquatic resources; (2) the applicant has the
option to request an AJD before accepting the terms and conditions of the permit
authorization, and that basing a permit authorization on an AJD could possibly result
in less compensatory mitigation being required or different special conditions; (3) the
applicant has the right to request an individual permit rather than accepting the terms
and conditions of the NWP or other general permit authorization; (4) the applicant can
accept a permit authorization and thereby agree to comply with all the terms and
conditions of that permit, including whatever mitigation requirements the Corps has
determined to be necessary; (5) undertaking any activity in reliance upon the subject
permit authorization without requesting an AJD constitutes the applicant's acceptance
of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered
individual permit) or undertaking any activity in reliance on any form of Corps permit
authorization based on a PJD constitutes agreement that all aquatic resources in the
review area affected in any way by that activity will be treated as jurisdictional, and
waives any challenge to such jurisdiction in any administrative orjudicial compliance
or enforcement action, or in any administrative appeal or in any Federal court; and (7)
whether the applicant elects to use either an AJD or a PJD, the JD will be processed
as soon as practicable. Further, an AJD, a proffered individual permit (and all terms
and conditions contained therein), or individual permit denial can be administratively
appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it
becomes appropriate to make an official determination whether geographic jurisdiction
exists over aquatic resources in the review area, or to provide an official delineation of
jurisdictional aquatic resources in the review area, the Corps will provide an AJD to
accomplish that result, as soon as is practicable. This PJD finds that there "maybe"
waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the
subject review area, and identifies all aquatic features in the review area that could be
affected by the proposed activity, based on the following information:

SUPPORTING DATA. Data reviewed for PJD (check all that apply)
Checked items should be included in subject file. Appropriately reference sources below
where indicated for all checked items:
® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map: ECS Figures 1-7
® Data sheets prepared/submitted by or on behalf of the PJD requestor.
❑ Office concurs with data sheets/delineation report.
❑ Office does not concurwith data sheets/delineation report. Rationale:
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
® U.S. Geological Survey map(s). Cite scale & quad name: 1:24000; Shelby NC
® Natural Resources Conservation Service Soil Survey. Citation: Figure 3
® National wetlands inventory map(s). Cite name: Figure 5
❑ State/local wetland inventory map(s):
® FEMA/FIRM maps: Figure 4
❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
® Photographs: ®Aerial (Name & Date): Figure 6 and 7
or ®Other (Name & Date): ECS Photolog
❑ Previous determination(s). File no. and date of response letter: SAW 2014-02265, 4/3/2015
❑ Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily
been verified by the Corps and should not be relied upon for later jurisdictional
determinations.
Signature and date of Regulatory
staff member completing PJD
DATE
12-7-2020
K,4� s t�
Signature and date of
person requesting PJD
(REQUIRED, unless obtaining
the signature is impracticable)
1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within
the established time frame, the district may presume concurrence and no additional follow up is necessary prior to
finalizing an action.

urisdictional Determination Reauest
US Army Corps
of Engineers.
Wilmington District
This form is intended for use by anyone requesting a jurisdictional determination (JD) from the
U.S. Army Corps of Engineers, Wilmington District (Corps). Please include all supporting
information, as described within each category, with your request. You may submit your request
via mail, electronic mail, or facsimile. Requests should be sent to the appropriate project
manager of the county in which the property is located. A current list of project managers by
assigned counties can be found on-line at:
http://www.saw.usace.aimy.mil/Missions/Re ul�atoiyPermitProgram/Contact/CountyLocator.aspx,
by calling 910-251-4633, or by contacting any of the field offices listed below. Once your
request is received you will be contacted by a Corps project manager.
ASHEVILLE & CHARLOTTE REGULATORY
FIELD OFFICES
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
General Number: [phone]
Fax Number: [phone]
RALEIGH REGULATORY FIELD OFFICE
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
General Number: [phone]
Fax Number: [phone]
INSTRUCTIONS:
WASHINGTON REGULATORY FIELD OFFICE
US Army Corps of Engineers
2407 West Fifth Street
Washington, North Carolina 27889
General Number: [phone]
Fax Number: [phone]
WILMINGTON REGULATORY FIELD OFFICE
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403
General Number: 910-251-4633
Fax Number: [phone]
All requestors must complete Parts A, B, C, D, E, F and G.
NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a
paying client or your agency, please note the specific submittal requirements in Part H.
NOTE ON PART D — PROPERTY OWNER AUTHORIZATION: Please be aware that
all JD requests must include the current property owner authorization for the Corps to
proceed with the determination, which may include inspection of the property when
necessary. This form must be signed by the current property owner(s) or the owner(s)
authorized agent to be considered a complete request.
NOTE ON PART D - NCDOT REQUESTS: Property owner authorization/notification for
JD requests associated with North Carolina Department of Transportation (NCDOT)
projects will be conducted according to the current NCDOT/USACE protocols.
NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD
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 also request a certified wetland determination from the local
office of the Natural Resources Conservation Service, prior to starting work.
Version: May 2017 Page 1

Jurisdictional Determination Request
A. PARCEL INFORMATION
Street Address: 2200 Southern Drive
City, State: Shelby, North Carolina
County: Cleveland
Parcel Index Number(s) (PIN): 51544
B. REQUESTOR INFORMATION
Name: Michelle Measda
Mailing Address: 9001 Glenwood Avenue
Telephone Number:
Raleigh, NC 27617
[phone]
Electronic Mail Address: [e-mail]
Select one:
❑ I am the current property owner.
❑ I am an Authorized Agent or Environmental Consultanti
❑ Interested Buyer or Under Contract to Purchase
❑ Other, please explain.
C. PROPERTY OWNER INFORMATION
Name: Sammons Infrastr. c/o Dustin Guinn
Mailing Address: 5949 Sherry Lane, Suite 550
Dallas, TX 75225
Telephone Number: 214-210-5016
Electronic Mail Address: [e-mail]
1 Must provide completed Agent Authorization Form/Letter.
2 Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/Parcel/Tax Record).
Version: May 2017 Page 2

Jurisdictional Determination Request
D. PROPERTY ACCESS CERTIFICATION',4
By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of
Engineers (Corps) to enter upon the property herein described for the purpose of conducting on -
site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section
404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the
undersigned, am either a duly authorized owner of record of the property identified herein, or
acting as the duly authorized agent of the owner of record of the property.
See Attached Agent Authorization
Print Name
Capacity: ❑ Owner Z Authorized Agents
12/07/2020
Date
Michelle Measday
Signature
E. REASON FOR JD REQUEST: (Check as many as applicable)
❑ I intend to construct/develop a projector perform activities on this parcel which would be
designed to avoid all aquatic resources.
❑ I intend to construct/develop a projector perform activities on this parcel which would be
designed to avoid all jurisdictional aquatic resources under Corps authority.
I intend to construct/develop a projector perform activities on this parcel which may
require authorization from the Corps, and the JD would be used to avoid and minimize
impacts to jurisdictional aquatic resources and as an initial step in a future permitting
process.
❑✓ I intend to construct/develop a projector perform activities on this parcel which may
require authorization from the Corps; this request is accompanied by my permit application
and the JD is to be used in the permitting process.
❑ I intend to construct/develop a project or perform activities in a navigable water of the
U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of
the tide.
A Corps JD is required in order obtain my local/state authorization.
I intend to contest jurisdiction over a particular aquatic resource and request the Corps
confirm that jurisdiction does/does not exist over the aquatic resource on the parcel.
❑ I believe that the site may be comprised entirely of dry land.
❑✓ Other:
s For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E.
a If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a
continuation sheet.
s Must provide agent authorization form/letter signed by owner(s).
Version: May 2017 Page 3

Jurisdictional Determination Request
F. JURISDICTIONAL DETERNIINATION (JD) TYPE (Select One)
❑ I am requesting that the Corps provide a preliminM JD for the property identified herein.
A Preliminary Jurisdictional Determination (PJD) provides an indication that there may
be "waters of the United States" or "navigable waters of the United States"on a property.
PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all
waters and wetlands on the property will be treated as if they are jurisdictional "waters of
the United States". PJDs cannot be appealed (33 C.F.R. 331.2); however, a PJD is
"preliminary" in the sense that an approved JD can be requested at any time. PJDs do
not expire.
✓❑ I am requesting that the Corps provide an approved JD for the property identified herein.
An Approved Jurisdictional Determination (AJD) is a determination that
jurisdictional "waters of the United States" or "navigable waters of the United
States" are either present or absent on a site. An approved JD identifies the limits of
waters on a site determined to be jurisdictional under the Clean Water Act and/or
Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit
decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be
posted on the Corps website. A landowner, permit applicant, or other "affected
party" (33 C.F.R. 331.2) who receives an AJD may rely upon the AJD for five years
(subject to certain limited exceptions explained in Regulatory Guidance Letter 05-
02).
❑ I am unclear as to which JD I would like to request and require additional information
to inform my decision.
G. ALL REQUESTS
Map of Property or Project Area. This Map must clearly depict the boundaries of the
review area.
✓� Size of Property or Review Area — 25 acres.
❑✓ The property boundary (or review area boundary) is clearly physically marked on the site.
Version: May 2017 Page 4

Jurisdictional Determination Request
H. REQUESTS FROM CONSULTANTS
Project Coordinates (Decimal Degrees): Latitude:
35.31244
Longitude:-81.59217
A legible delineation map depicting the aquatic resources and the property/review area.
Delineation maps must be no larger than 1 Ix 17 and should contain the following: (Corps
signature of submitted survey plats will occur after the submitted delineation map has been
reviewed and approved).6
■ North Arrow
■ Graphical Scale
■ Boundary of Review Area
■ Date
■ Location of data points for each Wetland Determination Data Form or tributary
assessment reach.
For Approved Jurisdictional Determinations:
■ Jurisdictional wetland features should be labeled as Wetland Waters of the US, 404
wetlands, etc. Please include the acreage of these features.
■ Jurisdictional non -wetland features (i.e. tidal/navigable waters, tributaries,
impoundments) should be labeled as Non -Wetland Waters of the US, stream, tributary,
open water, relatively permanent water, pond, etc. Please include the acreage or linear
length of each of these features as appropriate.
■ Isolated waters, waters that lack a significant nexus to navigable waters, or non -
jurisdictional upland features should be identified as Non -Jurisdictional. Please
include a justification in the label regarding why the feature is non jurisdictional (i.e.
"Isolated", "No Significant Nexus", or "Upland Feature"). Please include the acreage
or linear length of these features as appropriate.
For Preliminary Jurisdictional Determinations:
Wetland and non -wetland features should not be identified as Jurisdictional, 404,
Waters of the United States, or anything that implies jurisdiction. These features can be
identified as Potential Waters of the United States, Potential Non -wetland Waters of
the United States, wetland, stream, open water, etc. Please include the acreage and
linear length of these features as appropriate.
Completed Wetland Determination Data Forms for appropriate region
(at least one wetland and one upland form needs to be completed for each wetland type)
6 Please refer to the guidance document titled "Survey Standards for Jurisdictional Determinations" to ensure that the
supplied map meets the necessary mapping standards. hM2://www.saw.usace.4rmy.mil/Missions/Regulatoly-Permit-
Pro gram/Jurisdiction/
Version: May 2017 Page 5

Jurisdictional Determination Request
F4Completed appropriate Jurisdictional Determination form
• PJDs, please complete a Preliminary Jurisdictional Determination Form' and include the
Aquatic Resource Table
• AJDS• please complete an Approved Jurisdictional Determination Form'.
Vicinity Map
Aerial Photograph
USGS Topographic Map
Soil Survey Map
Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site
Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps)
Landscape Photos (if taken)
NCSAM and/or NCWAM Assessment Forms and Rating Sheets
NC Division of Water Resources Stream Identification Forms
hJ Other Assessment Forms
' www.saw.usace.army.mil/Portals/59/docs/regulatory/readocs/JD/RGL 08-02_App A Prelim JD Form fillable.pdf
8 Please see hM2://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Jurisdiction/
Principal Purpose: The information that you provide will be used in evaluating your request to determine
whether there are any aquatic resources within the project area subject to federaljurisdiction under the regulatory
authorities referenced above.
Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local
government agencies, and the public, and may be made available as part of a public notice as required by federal
law. Your name and property location where federal jurisdiction is to be determined will be included in the
approved jurisdictional determination (AJD), which will be made available to the public on the District's website
and on the Headquarters USAGE website.
Disclosure: Submission of requested information is voluntary; however, if information is not provided, the
request for an AJD cannot be evaluated nor can an AJD be issued.
Version: May 2017 Page 6

U.S. Army Corps of Engineers OMB Control #: 0710-xxxx, Exp: Pending
WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region Requirement Control Symbol EXEMPT:
See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R (Authority: AR 335-15, paragraph 5-2a)
Project/Site: Cape Fear Solar City/County: Shelby/Cleveland Sampling Date: 10/02/20
Applicant/Owner: Heelstone Land Holdings LLC State: NC Sampling Point: DP-1
Investigator(s): Dew Section, Township, Range: Shelby
Landform (hillside, terrace, etc.): Flat Local relief (concave, convex, none): None Slope (%): 2
Subregion (LRR or MLRA): LRR P, MLRA 136 Lat: 35.31244 Long:-81.59217 Datum: NAD83
Soil Map Unit Name: Pacolet-Bethlehem complex (PbB2) NWI classification: None
Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.)
Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No
Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.)
SUMMARY OF FINDINGS —Attach site map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present? Yes X No Is the Sampled Area
Hydric Soil Present? Yes No X within a Wetland? Yes No X
Wetland Hydrology Present? Yes No X
Remarks:
Data Point is located in an upland area
HYDROLOGY
Wetland Hydrology Indicators:
Secondary Indicators (minimum of two required)
Primary Indicators (minimum of one is required: check all that apply)
—Surface Soil Cracks (136)
_Surface Water (Al) _True
Aquatic Plants (1314)
_Sparsely Vegetated Concave Surface (138)
—High Water Table (A2) —Hydrogen
Sulfide Odor (Cl)
—Drainage Patterns (1310)
_Saturation (A3) _Oxidized
Rhizospheres on Living Roots (C3)
_Moss Trim Lines (1316)
—Water Marks (131) —Presence
of Reduced Iron (C4)
_ Dry -Season Water Table (C2)
_Sediment Deposits (132) _Recent
Iron Reduction in Tilled Soils (C6)
_Crayfish Burrows (C8)
_Drift Deposits (133) _Thin
Muck Surface (C7)
_Saturation Visible on Aerial Imagery (C9)
_Algal Mat or Crust (134) _Other
(Explain in Remarks)
_Stunted or Stressed Plants (D1)
_Iron Deposits (135)
_Geomorphic Position (D2)
—Inundation Visible on Aerial Imagery (137)
_Shallow Aquitard (D3)
—Water-Stained Leaves (139)
_ Microtopographic Relief (D4)
Aquatic Fauna (1313)
FAC-Neutral Test (D5)
Field Observations:
Surface Water Present? Yes No
X Depth (inches):
Water Table Present? Yes No
X Depth (inches): 18
Saturation Present? Yes No
X Depth (inches): 18
Wetland Hydrology Present? Yes No X
(includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
Remarks:
ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont —Version 2.0

VEGETATION (Four Strata) - Use scientific names of plants.
Sampling Point: DP-1
Absolute
Dominant
Indicator
Tree Stratum (Plot size: 30' )
% Cover
Species?
Status
Dominance Test worksheet:
1.
Liquidambarstyraciflua
25
Yes
FAC
Number of Dominant Species
2.
Liriodendron tulipifera
25
Yes
FACU
That Are OBL, FACW, or FAC: 6 (A)
3.
Acerrubrum
20
Yes
FAC
Total Number of Dominant
4.
Species Across All Strata: 8 (B)
5.
Percent of Dominant Species
6.
That Are OBL, FACW, or FAC: 75.0% (A/B)
7.
Prevalence Index worksheet:
70
=Total Cover
Total % Cover of: Multiply by:
50% of total cover:
35 20% of total cover:
14
OBL species 0 x 1 = 0
Sapling/Shrub Stratum (Plot size: 15,
)
FACW species 0 x 2 = 0
1.
Liriodendron tulipifera
10
Yes
FACU
FAC species 85 x 3 = 255
2.
Liquidambar styraciflua
10
Yes
FAC
FACU species 35 x 4 = 140
3.
Acerrubrum
10
Yes
FAC
UPL species 0 x 5 = 0
4.
Column Totals: 120 (A) 395 (B)
5.
Prevalence Index = B/A = 3.29
6.
Hydrophytic Vegetation Indicators:
7.
_ 1 - Rapid Test for Hydrophytic Vegetation
8.
X 2 - Dominance Test is >50%
9.
3 - Prevalence Index is <-3.0'
30
=Total Cover
4 - Morphological Adaptations' (Provide supporting
50% of total cover:
15 20% of total cover:
6
data in Remarks or on a separate sheet)
Herb Stratum (Plot size: 5' )
-Problematic Hydrophytic Vegetation' (Explain)
1 .
'Indicators of hydric soil and wetland hydrology must be
2.
present, unless disturbed or problematic.
Definitions of Four Vegetation Strata:
3.
4.
Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or
5.
more in diameter at breast height (DBH), regardless of
6
height.
7.
Sapling/Shrub - Woody plants, excluding vines, less
8.
than 3 in. DBH and greater than or equal to 3.28 ft
9
(1 m) tall.
10.
Herb - All herbaceous (non -woody) plants, regardless
11.
of size, and woody plants less than 3.28 ft tall.
=Total Cover
Woody Vine - All woody vines greater than 3.28 ft in
50% of total cover:
20% of total cover:
height.
Woody Vine Stratum (Plot size: 30' )
1.
Smilax rotundifolia
10
Yes
FAC
2.
Vitis rotundifolia
10
Yes
FAC
3.
4.
5
Hydrophytic
20
=Total Cover
Vegetation
50% of total cover:
10 20% of total cover:
4
Present? Yes X No
Remarks: (Include photo numbers here or on a separate sheet.)
ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont -Version 2.0

SOIL Sampling Point: DP-1
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Depth Matrix Redox Features
(inches) Color (moist) % Color (moist) % Type' Loc2 Texture Remarks
0-24 2.5Y 5/4 100 Loamy/Clayey
'Type: C=Concentration, D=Depletion,
Hydric Soil Indicators:
_ Histosol (Al)
_ Histic Epipedon (A2)
—Black Histic (A3)
—Hydrogen Sulfide (A4)
_Stratified Layers (A5)
2 cm Muck (A10) (LRR N)
_Depleted Below Dark Surface (A11)
_Thick Dark Surface (Al2)
_Sandy Mucky Mineral (S1)
_Sandy Gleyed Matrix (S4)
_Sandy Redox (S5)
_Stripped Matrix (S6)
Dark Surface (S7)
Restrictive Layer (if observed):
Type:
Depth (inches):
Remarks:
RM=Reduced Matrix, MS=Masked Sand Grains.
_ Polyvalue Below Surface (S8) (MLRA 147, 148)
_Thin Dark Surface (S9) (MLRA 147, 148)
_Loamy Mucky Mineral (F1) (MLRA 136)
—Loamy Gleyed Matrix (F2)
—Depleted Matrix (F3)
_ Redox Dark Surface (F6)
—Depleted Dark Surface (F7)
_ Redox Depressions (F8)
_Iron -Manganese Masses (F12) (LRR N,
MLRA 136)
_ Umbric Surface (F13) (MLRA 122, 136)
—Piedmont Floodplain Soils (F19) (MLRA 148)
Red Parent Material (F21) (MLRA 127, 147, 148)
2Location: PL=Pore Lining, M=Matrix
Indicators for Problematic Hydric Soils3:
_2 cm Muck (A10) (MLRA 147)
_Coast Prairie Redox (A16)
(MLRA 147, 148)
_Piedmont Floodplain Soils (F19)
(MLRA 136, 147)
—Red Parent Material (F21)
(outside MLRA 127, 147, 148)
_Very Shallow Dark Surface (F22)
Other (Explain in Remarks)
3Indicators of hydrophytic vegetation and
wetland hydrology must be present,
unless disturbed or problematic.
Hydric Soil Present? Yes No X
ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont —Version 2.0

U.S. Army Corps of Engineers OMB Control #: 0710-xxxx, Exp: Pending
WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region Requirement Control Symbol EXEMPT:
See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R (Authority: AR 335-15, paragraph 5-2a)
Project/Site: Cape Fear Solar City/County: Shelby/Cleveland Sampling Date: 10/02/20
Applicant/Owner: Heelstone Land Holdings LLC State: NC Sampling Point: DP-2
Investigator(s): Dew Section, Township, Range: Shelby
Landform (hillside, terrace, etc.): Flat Local relief (concave, convex, none): None Slope (%): 2
Subregion (LRR or MLRA): LRR P, MLRA 136 Lat: 35.31244 Long:-81.59217 Datum: NAD83
Soil Map Unit Name: Pacolet-Bethlehem complex (PbB2) NWI classification: None
Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.)
Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No
Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.)
SUMMARY OF FINDINGS —Attach site map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present? Yes X No Is the Sampled Area
Hydric Soil Present? Yes X No within a Wetland? Yes X No
Wetland Hydrology Present? Yes X No
Remarks:
Data Point is located in a wetland area
HYDROLOGY
Wetland Hydrology Indicators:
Secondary Indicators (minimum of two required)
Primary Indicators (minimum of one is required: check all that apply)
—Surface Soil Cracks (136)
_Surface Water (Al) _True
Aquatic Plants (1314)
_Sparsely Vegetated Concave Surface (138)
—High Water Table (A2) —Hydrogen
Sulfide Odor (Cl)
—Drainage Patterns (1310)
_Saturation (A3) _Oxidized
Rhizospheres on Living Roots (C3)
_Moss Trim Lines (1316)
—Water Marks (131) —Presence
of Reduced Iron (C4)
_ Dry -Season Water Table (C2)
_Sediment Deposits (132) _Recent
Iron Reduction in Tilled Soils (C6)
_Crayfish Burrows (C8)
X Drift Deposits (133) _Thin
Muck Surface (C7)
_Saturation Visible on Aerial Imagery (C9)
_Algal Mat or Crust (134) _Other
(Explain in Remarks)
_Stunted or Stressed Plants (D1)
X Iron Deposits (135)
_Geomorphic Position (D2)
—Inundation Visible on Aerial Imagery (137)
_Shallow Aquitard (D3)
—Water-Stained Leaves (139)
_ Microtopographic Relief (D4)
Aquatic Fauna (1313)
FAC-Neutral Test (D5)
Field Observations:
Surface Water Present? Yes No
X Depth (inches):
Water Table Present? Yes No
X Depth (inches): 12
Saturation Present? Yes X No
Depth (inches): 10
Wetland Hydrology Present? Yes X No
(includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
Remarks:
ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont —Version 2.0

VEGETATION (Four Strata) - Use scientific names of plants.
Sampling Point: DP-2
Tree Stratum (Plot size: 30' )
1. Liquidambar styraciflua
2. Acer rubrum
3.
4.
5.
6.
7.
Absolute
Dominant
Indicator
% Cover
Species?
Status
30
Yes
FAC
30
Yes
FAC
60
=Total Cover
50% of total cover:
30
20% of total cover:
Sapling/Shrub Stratum (Plot size: 15,
)
1. Acer rubrum
25
Yes
2. Liquidambar styraciflua
10
Yes
3.
4.
5.
6.
7.
8.
9.
35
=Total Cover
50% of total cover:
18
20% of total cover:
Herb Stratum (Plot size: 5' )
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
=Total Cover
50% of total cover:
20% of total cover:
Woody Vine Stratum (Plot size: 30'
)
1. Smilax rotundifolia
10
Yes
2. Vitis rotundifolia
10
Yes
3.
4.
5.
12
FAC
FAC
7
FAC
FAC
20 =Total Cover
50% of total cover: 10 20% of total cover: 4
Remarks: (Include photo numbers here or on a separate sheet.)
Dominance Test worksheet:
Number of Dominant Species
That Are OBL, FACW, or FAC: 6 (A)
Total Number of Dominant
Species Across All Strata: 6 (B)
Percent of Dominant Species
That Are OBL, FACW, or FAC: 100.0% (A/B)
Prevalence Index worksheet:
Total % Cover of: Multiply by:
OBL species 0 x 1 = 0
FACW species 0 x 2 = 0
FAC species 115 x 3 = 345
FACU species 0 x 4 = 0
UPL species 0 x 5 = 0
Column Totals: 115 (A) 345 (B)
Prevalence Index = B/A = 3.00
Hydrophytic Vegetation Indicators:
_ 1 - Rapid Test for Hydrophytic Vegetation
X 2 - Dominance Test is >50%
X 3 - Prevalence Index is <-3.0'
4 - Morphological Adaptations' (Provide supporting
data in Remarks or on a separate sheet)
Problematic Hydrophytic Vegetation' (Explain)
'Indicators of hydric soil and wetland hydrology must be
present, unless disturbed or problematic.
Definitions of Four Vegetation Strata:
Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or
more in diameter at breast height (DBH), regardless of
height.
Sapling/Shrub - Woody plants, excluding vines, less
than 3 in. DBH and greater than or equal to 3.28 ft
(1 m) tall.
Herb - All herbaceous (non -woody) plants, regardless
of size, and woody plants less than 3.28 ft tall.
Woody Vine - All woody vines greater than 3.28 ft in
height.
Hydrophytic
Vegetation
Present? Yes X No
ENG FORM 6116-4-SG, JUL 2018
Eastern Mountains and Piedmont -Version 2.0

SOIL Sampling Point: DP-2
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Depth Matrix Redox Features
(inches) Color (moist) % Color (moist) % Type' Loc2 Texture Remarks
0-7 2.5YR 5/4 100 Loamy/Clayey
7-18 2.5YR 3/2 85 2.5YR 5/6 15 C M Prominent redox concentrations
'Type: C=Concentration, D=Depletion,
Hydric Soil Indicators:
_ Histosol (Al)
_ Histic Epipedon (A2)
—Black Histic (A3)
—Hydrogen Sulfide (A4)
_Stratified Layers (A5)
2 cm Muck (A10) (LRR N)
_Depleted Below Dark Surface (A11)
_Thick Dark Surface (Al2)
_Sandy Mucky Mineral (S1)
_Sandy Gleyed Matrix (S4)
_Sandy Redox (S5)
_Stripped Matrix (S6)
Dark Surface (S7)
Restrictive Layer (if observed):
Type:
Depth (inches):
Remarks:
RM=Reduced Matrix, MS=Masked Sand Grains.
_ Polyvalue Below Surface (S8) (MLRA 147, 148)
_Thin Dark Surface (S9) (MLRA 147, 148)
_Loamy Mucky Mineral (F1) (MLRA 136)
—Loamy Gleyed Matrix (F2)
—Depleted Matrix (F3)
X Redox Dark Surface (F6)
—Depleted Dark Surface (F7)
_ Redox Depressions (F8)
_Iron -Manganese Masses (F12) (LRR N,
MLRA 136)
_ Umbric Surface (F13) (MLRA 122, 136)
—Piedmont Floodplain Soils (F19) (MLRA 148)
Red Parent Material (F21) (MLRA 127, 147, 148)
2Location: PL=Pore Lining, M=Matrix
Indicators for Problematic Hydric Soils3:
_2 cm Muck (A10) (MLRA 147)
_Coast Prairie Redox (A16)
(MLRA 147, 148)
_Piedmont Floodplain Soils (F19)
(MLRA 136, 147)
—Red Parent Material (F21)
(outside MLRA 127, 147, 148)
_Very Shallow Dark Surface (F22)
Other (Explain in Remarks)
3Indicators of hydrophytic vegetation and
wetland hydrology must be present,
unless disturbed or problematic.
Hydric Soil Present? Yes X No
ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont —Version 2.0

I �a
J / PROPOSED LOCATION OF NC HIGHWAY #74 BY-PASS
PER PRELIMINARY PLANS BY HNTB NORTH CAROLINA, P.C.
PROJECT NO. R-2707B, SHEETS 7-9
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PER HNTB NORTH CAROLINA, PC
NOW OR FORMERLY PROJECT NO. R-2707B SHEET 8
/ 1 DEPARTMENT OF TRANSPORTATION DB 1674 PG 45
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DB 1033 PG 759 �I PID #42627 a = Ir
200' 100' I 0 �001 400'
1 "=200'
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8020 Tower Point Drive
Charlotte, North Carolina 28227
Phone: [phone], Fax: [phone]
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DB 1359 PG 1800
TRACT A
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PID #28316
PROPOSED IMPACT AREA
(SEE TABLE AND ENLARGED PLAN)
VICINITY MAP NTS
SITE
SITE
ENTRANCE
RAILROAD
�
SOUTHERN DR J
ii RTEE ROAD
RANDOLPH R AD (SR-1433) S
(SR-1314) i
(SR-1308 J
W
a
N '0
�Z
0
0
W. DIXON BLVD
(US-74)
LINE
BEARING
DISTANCE
L1
N88"07'23"W
52.51'
L2
NOO'57'55"E
55.83'
L3
N86'25'30"W
42.14'
L4
N87'59'38"W
50.07'
L5
N89'41'49"W
50.03'
L6
S88"36'02"W
50.01'
L7
S86'53'56"W
50.00,
L8
S83'25'15"W
80.78'
L9
S83"47'00"W
95.84'
L10
S83-55'09"W
1 94.68'
L11
S83"49'18"W
153.65'
L12
S83'34'27"W
163.86'
L13
S86'35'53"W
142.52'
L14
N85'50'10"W
110.63'
L15
N81'25'51W
116.88'
L16
N72'14'21W
295.60'
L17
N57`02'31W
50.00'
L18
N57'02'31W
50.00'
L19
N55'47'02"W
50.01'
L20
N51'23'38"W
L21
N54'47'53"W
EX. WETLANDS EX. GRAVEL ROAD
\ q4 \
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\ RUBY LLOYD
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WETLAND IMPACT EXHIBIT
EXISTING CONDITIONS
36.22' EX. WALMART
61.00' PARKING AREA
IIIIIIIIIIII IIIIIIII
M/8
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NOW OR FORME
M/ a
TEENA LLOYD cKEE
DB P52628409452 OUTHERN DRIVE
(S.R.1433)
DATE: NOVEMBER 2020
MCE PROJ. #
06836-0005
DRAWN
JPM
DESIGNED
JPM
CHECKED
PMN
PROJ. MGR.
DKD
SCALE
REVISION
HORIZONTAL:
DRAWING NO.
1" = 200'
VERTICAL:
1
NIA
9 TATUS: PRELIMINARY DESIGN
NOT FOR CONSTRUCTION

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PROJECT NO. R-2707B, SHEETS 7-9
�a TEMPORARY CONSTRUCTION EASEMENT
PER HNTB NORTH CAROLINA, PC
NOW OR FORMERLY PROJECT NO. R-2707B SHEET 8
DEPARTMENT OF TRANSPORTATION DB 1674 PG 45
DB 1637 PG 532 2963.45 SQ.FT.±
PROJECT ID #R-27078 (WBS#34497.2.8) 0.0680 ACRES±1
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8020 Tower Point Drive
Charlotte, North Carolina 28227
Phone: [phone], Fax: [phone]
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PID #62260
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JURISDICTIONAL PERMANENT IMPACT TABLE
TOTAL LENGTH (LF)
TOTAL AREA (SF)
TOTAL AREA (AC)
STREAM IMPACT
146
466
WETLAND IMPACT
137
<0.01
THERE ARE NO PROPOSED TEMPORARY IMPACTS TO THE WETLAND OR STREAM
�I I
NOW OR FORMERLY
WAL—MART STORES EAST, LP
DB 1359
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PB 23 PG 75
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\ �� PROPOSED LIMITS OF
DISTURBANCE (TYP)
PROPOSED CLEARING
J LIMITS (TYP)
EX. STREAM
PROPOSED IMPACT AREA
(SEE TABLE AND ENLARGED PLAN)
PROPOSED 42" RCP
PARKING AREA
EX. TLANDS
viEX. GRAVEL ROAD
PROPOSED 21
ACCESS ROAD
CAPE FEAR SOLAR
WETLAND IMPACT EXHIBITS
SITE PLAN
DATE: NOVEMBER 2020
MCE PROJ. #
06836-0005
DRAWN
JPM
DESIGNED
JPM
CHECKED
PMN
PROJ. MGR.
DKD
SCALE
REVISION
HORIZONTAL:
DRAWING NO.
1" = 200'
VERTICAL:
2
N/A
9 TATUS: PRELIMINARY DESIGN
NOT FOR CONSTRUCTION

±14E
PERMANENT
WETLAND IMPACT
<0.01 ACRES
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8020 Tower Point Drive
Charlotte, North Carolina 28227
Phone: [phone], Fax: [phone]
NC License# F-1222
www.mckimcreed.com
PROPERTY BOUNDARY
APPROX. STREAM C/L
PROPOSED HEADWALL
3:1 MAX PROPOSED SLOP
(TYP)
PbC2
HYDRO
GROUP:B/C
I�li�i��l!1lII�
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HEADWA
PROPOSED 133.55LF OF
42" RCP PIPE
20' ACCESS ROAD
WITH 2' SHOULDERS
(TYP)
PROPOSED HEADWALL
LIMITS OF DISTURBANCE
V=50' (HORIZ.)
50' 0 50' 100'
10' 0 10' 20'
V=10' (VERT.)
CAPE FEAR SOLAR
WETLAND IMPACT EXHIBITS
ENLARGED IMPACT AREA &
PIPE CROSS SECTION
DATE: NOVEMBER 2020
MCE PROJ. #
06836-0005
DRAWN
JPM
DESIGNED
JPM
CHECKED
PMN
PROJ. MGR.
DKD
BE
1'
REVISION
SCALE
HORIZONTAL:
DRAWING NO.
V. = 50'
VERTICAL:
3
9 TATUS: PRELIMINARY DESIGN
NOT FOR CONSTRUCTION

e UFKE &CREED
v
8020 Tower Point Drive
Charlotte, North Carolina 28227
Phone: [phone], Fax: [phone]
NC License# F-1222
www.mckimcreed.com
V=50' (HORIZ.)
50' 0 50' 100,
10, 0 10, 20'
V=10' (VERT.)
CAPE FEAR SOLAR
WETLAND IMPACT EXHIBITS
ACCESS ROAD C/L
PROFILE
DATE: NOVEMBER 2020
MCE PROJ.#
06836-0005
DRAWN
JPM
DESIGNED
JPM
CHECKED
PMN
PROJ. MGR.
DKD
REVISION
SCALE
HORIZONTAL:
DRAWING NO.
ill =50'
VERTICAL:
4
STATUS: PRELIMINARY DESIGN
NOT FOR CONSTRUCTION

0
ECS SOUTHEAST, LLP "Setting the Standard for Service"
Geotechnical • Construction Materials • Environmental • Facilities NC Registered Engineering Firm F-1078
NC Registered Geologists Firm 0-406
SC Registered Engineering Firm 3239
Agent Authorization
Property/Site: Parcel ID 51544
Address of Site: 2200 Southern Drive, Shelby, NC 28150
Parcel Identification Number (PIN): 2527688742
Owner Information:
Name:
Address: Sammons Infrastructure (owner of Heelstone Land Holding)
5949 Sherry Lane, Suite 550
Dallas, TX 752225
Telephone Number: 214 210-5016
Fax Number:
E-mail Address: dquinn(aD-sammonsinfrastructure.com
Property Owner Certification:
I, the undersigned, a duly authorized owner of record of the property/properties identified herein,
do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (USACE)
and/ or the North Carolina Division of Water Resources (NCDWR) to enter upon the property
herein described for the purpose of conducting on -site investigations and issuing a
determination associated with Waters of the U.S. subject to Federal/State jurisdiction under
Section 404 and 401 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of
1899. 1 also authorize ECS to act in my behalf in the processing of this request and to furnish
supplemental information in support of this request, including stream/wetland matters in
coordination with the USACE and
Property Owner Signature: _4
field verification and permit application:
Date: November 6, 2020
ECS Capitol Services, PLLC • ECS Florida, LLC • ECS Mid -Atlantic, LLC • ECS Midwest, LLC • ECS Southeast, LLP • ECS Texas, LLP
www.ecslimited.com

.
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19 Modern Densifying
Tara
10 2200 Southern Drive
T aC8
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Shelby City Parks
Td 74
1T5B
1T51
Client:
hep Petra
Project:
CAPE FEAR SOLAR
2200 Southern Drive
Shelby, Cleveland County,
North Carolina
Title:
SITE LOCATION MAP
GOOGLE STREET MAP
CLEVELAND COUNTY,
NC
Drawn By: Scale:
JND DEV
Approved By: Date:
WBF 10/15/2020
ECS Project No:
49:6780-C
Lowe's Ho
lmprovem FIGURE 1

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Client:
hep Petra
Project:
CAPE FEAR SOLAR
2200 Southern Drive
Shelby, Cleveland County,
North Carolina
Title:
USGS TOPOGRAPHIC
MAP
SHELBY,
DATED 2014-1
NC QUADRANGLE
a
G
ry CLEVELAND COUNTY,
• NC
' Drawn By: Scale:
JND DEV
Approved By: Date:
AA�KIN
WBF 10/15/2020
ECS Project No:
49:6780-C
- FIGURE 2

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Client:
hep Petra
Project:
_- CAPE FEAR SOLAR
" 2200 Southern Drive
Shelby, Cleveland County,
North Carolina
t _ lT�•i _ Title:
r
USFWS
` NATIONAL WETLANDS
? INVENTORY MAP
a
CLEVELAND COUNTY,
+ NC
4 ■�- Drawn By: Scale:
JND DEV
•
Approved By: Date:
+ • WBF 10/15/2020
f ECS Project No:
49:6780-C
`� FIGURE 4

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Client:
help Petra
Project:
CAPE FEAR SOLAR
2200 Southern Drive
low Shelby, Cleveland County,
North Carolina
r Title:
FEMA FIRM
MAP NUMBER:
3710252700j
DATED: 2/20/2008
,C
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■ •' ;,
CLEVELAND COUNTY,
NC
Drawn By: Scale:
r JND DEV
Approved By: Da10/15/2020
ECS Project No:
49:6780-C
r � r
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SB-34
TT
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SA-47
Client:
hep Petra
Project:
CAPE FEAR SOLAR
2200 Southern Drive
Shelby, Cleveland County,
North Carolina
Title:
GPS FLAGGING
LOCATION MAP
CLEVELAND COUNTY,
NC
Drawn By: Scale:
JND DEV
Approved By: Date:
WBF 10/15/2020
ECS Project No:
49:6780-C
FIGURE 6

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Sol
Action I.D.: SAW-2014-02265 County: Cleveland U.S.G.S. Quad: NC-SHELBY
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Agent: Shelby Development Partners, LLC; Josh Holmes
Address: 38 Carl Roberts Road Alexander, North Carolina 28701
Telephone No.: 828 337 8906
Property description:
Size (acres): 33 Nearest Town: Shelby
Nearest Waterway: Brushy Creek River Basin: Upper Broad
Coordinates: ' ) 5.311183, -81.591407 Hydrologic Unit Code: 3050105
Location Description: The site is located at 2204 Randolph Road, Shelby, Cleveland County, NC Coordinate: -
81.591407W. 35.3111831
LED= #
Based on preliminary information, there may be waters and wetlands on the above described property. We strongly
suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be
considered final, ajurisdictional determination must be verified by the Corps. This preliminary determination is not an
appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). ). 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.
B. Approved Determination
There are Navigable Waters of the United States within the above described property subject to the pen -nit 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.
X I There are waters and 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 and wetlands on your property delineated. Due to the size of your property
and/or our present workload, the Corps may not be able to accomplish thiswetland 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.
X The waters and wetlands on your property 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 and 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 property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 13144). 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.

Action Id.: SAW-2014-02265
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 § 1.311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact William Elliott at 828-271-7980.
C. Basis For Determination
The site contains wetlands as determined by the 7987 Corps of Engineers Wetland Delineation Manual and the Interim
Regional Supplement to the Corps of Engineers Wetlands Delineation Manual: Eastern Mountain and Piedmont Region. These
wetlands are adjacent to stream channels located on the property that exhibit indicators of ordinary high water marks. The
stream channel on the property is an unnamed tributary to Brushy Creek which flows into the Upper Broad River. The Broad
River becomes a Section 10 water in South Carolina then flows to the Congaree River and the Santee River, before flowing
into the Atlantic Ocean.
D. Remarks: Jurisdictional waters, Wetland, RPW
E. Attention USDA Program Participants
This del ineation/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)
Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that approved
jurisdictional determination, you can make an administrative appeal under 33 CFR 33l . Enclosed you will find a 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 within 60 days of the issue date below.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.** / r- /j
Corps Regulatory Official: William Elliott 1.I
Issue Date: Apr 3, 2015 Expiration Date: Apr 2, 2020
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 the Customer Satisfaction Survey located at our website at http://per2.nwp.usace.army.mil/survey.htmi
to complete the survey online.
CF: David Valentine, 1812 Center Park Drive, Charlotte, NC 28217
2

Applicant: Shelby Development Partners, LLC, Josh. File Number: SAW-2014- Date: Apr 3, 2015
Holmes 02265
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
X APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTIQN i -The, follo my g identifies y our runts an ipiici s regar�ang;arr administrative' ap meat of the above
,decision., dditionat', rinatio'n ma ,bebind' at
-http://www.usace.army. 1ICEC IPageslreg ateri ts. s brC6rp§reg is vns t :31CFR:'Part l .
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 jurisdictionaldeterminations 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 terns 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 11 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 1.1 of this form and sending the form to the division engineer. This form must be received by the division
en-ineer 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 11 of this form and sending the form to the division engineer. This form must be received
by the division engineer within 60 days of the date of this notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an
approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may
provide new information for further consideration by the Corps to reevaluate the JD.
SECTION II'=REQUEST FOR APPEAL or OBJECTIONS TO AN INITIALTROFFERED PERMIT-`
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an
initial proffered pen -nit 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
If you only have questions regarding the appeal process you may
process you may contact:
also contact:
William Elliott, Project Manager
Mr. Jason Steele, Administrative Appeal Review Officer
USACE, Asheville Regulatory Field Office
CESAD-PDO
151 Patton Ave
U.S. Army Corps of Engineers, South Atlantic Division
RM 208
60 Forsyth Street, Room I OM15
Asheville, NC 28801
Atlanta, Georgia 30303-8801
828-271-7980
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.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: William Elliott, 69 Darlington Avenue, Wilmington,
North Carolina 28403
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele,
Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: [phone]
0

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
Phone: [phone] Fax: [phone]
http://www.fws.gov/nc-es/es/couMfr.html
PLGH&wIM,pe
3�154'N"6
t
In Reply Refer To: November 17, 2020
Consultation Code: 04EN1000-2021-SLI-0105
Event Code: 04EN1000-2021-E-00228
Project Name: Cape Fear Solar
Subject: List of threatened and endangered species that may occur in your proposed project
location, and/or may be affected by your proposed project
To Whom It May Concern:
The attached species list identifies threatened, endangered, proposed and candidate species, as
well as proposed and final designated critical habitat, that may occur within the boundary of your
proposed project and/or may be affected by your proposed project. Although not required by
section 7, many agencies request species lists to start the informal consultation process and begin
their fulfillment of the requirements under section 7(c) of the Endangered Species Act (Act) of
1973, as amended (16 U.S.C. 1531 et seq.).
This list, along with other helpful resources, is also available on the U.S. Fish and Wildlife
Service (Service) Asheville Field Office's (AFO) website: https://www.fws.gov/raleigh/species/
cntylist/nc counties.html. The AFO website list includes "species of concern" species that could
potentially be placed on the federal list of threatened and endangered species in the future. Also
available are:
Design and Construction Recommendations
https://www.fws.gov/asheville/htmis/project review/Recommendations.html
Optimal Survey Times for Federally Listed Plants
https://www.fws.gov/nc-es/plant/plant survey.html
Northern long-eared bat Guidance
https://www.fws.gov/asheville/htmis/project review/NLEB in WNC.html
Predictive Habitat Model for Aquatic Species
https://www.fws.gov/asheville/htmls/Maxent/Maxent.html

11/17/2020 Event Code: 04EN1000-2021-E-00228
New information based on updated surveys, changes in the abundance and distribution of
species, changed habitat conditions, or other factors could require modifications of these lists.
Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act,
the accuracy of the species lists should be verified after 90 days. This verification can be
completed formally or informally as desired. The Service recommends that verification be
completed by visiting the ECOS-IPaC website or the AFO website (the AFO website dates each
county list with the day of the most recent update/change) at regular intervals during project
planning and implementation for updates to species lists and information. An updated list may be
requested through the ECOS-IPaC system by completing the same process used to receive the
enclosed list or by going to the AFO website.
The purpose of the Act is to provide a means whereby threatened and endangered species and the
ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the
Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to
utilize their authorities to carry out programs for the conservation of threatened and endangered
species and to determine whether projects may affect threatened and endangered species and/or
designated critical habitat.
A Biological Assessment is required for construction projects (or other undertakings having
similar physical impacts) that are major Federal actions significantly affecting the quality of the
human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2)
(c)). For projects other than major construction activities, the Service suggests that a Biological
Evaluation similar to a Biological Assessment be prepared to determine whether the project may
affect listed or proposed species and/or designated or proposed critical habitat. Recommended
contents of a Biological Assessment are described at 50 CFR 402.12 and on our office's website
at https://www.fws.gov/asheville/htmis/project review/assessment guidance.html.
If a Federal agency (or their non-federal representative) determines, based on the Biological
Assessment or Biological Evaluation, that listed species and/or designated critical habitat may be
affected by the proposed project, the agency is required to consult with the Service pursuant to
50 CFR 402. In addition, the Service recommends that candidate species, proposed species, and
proposed critical habitat be addressed within the consultation. More information on the
regulations and procedures for section 7 consultation, including the role of permit or license
applicants, can be found in the "Endangered Species Consultation Handbook" at: http://
www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF.
Though the bald eagle is no longer protected under the Endangered Species Act, please be aware
that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16
U.S.C. 668 et seq.), and projects affecting these species may require additional consultation (see
https://www.fws.gov/southeast/our-services/permits/eagles/). Wind energy projects should follow
the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to
migratory birds (including bald and golden eagles) and bats.
Guidance for minimizing impacts to migratory birds for projects including communications
towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http://
www. fws . gov/migratorybirds/CurrentBirdlssues/Hazards/towers/towers.htm;

11/17/2020 Event Code: 04EN1000-2021-E-00228
http://www.towerkill.com; and http://www.fws.gov/migratorybirds/CurrentBirdlssues/Hazards/
towers/comtow.html.
We appreciate your concern for threatened and endangered species. The Service encourages
Federal agencies to include conservation of threatened and endangered species into their project
planning to further the purposes of the Act. Please include the Consultation Tracking Number in
the header of this letter with any request for consultation or correspondence about your project
that you submit to our office.
Attachment(s):
• Official Species List
• Migratory Birds
• Wetlands

11/17/2020 Event Code: 04EN1000-2021-E-00228
Official Species List
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior information whether
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
[phone]

11/17/2020 Event Code: 04EN1000-2021-E-00228 2
Project Summary
Consultation Code: 04EN1000-2021-SLI-0105
Event Code: 04EN1000-2021-E-00228
Project Name: Cape Fear Solar
Project Type: ** OTHER **
Project Description: Solar Farm with access road
Project Location:
Approximate location of the project can be viewed in Google Maps: https:
www.google.com/maps/place/35.31203176166596N81.59203704916337W
rS
Counties: Cleveland, NC

11/17/2020 Event Code: 04EN1000-2021-E-00228 3
Endangered Species Act Species
There is a total of 2 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
Mammals
NAM L STATUS
Northern Long-eared Bat Myotis septentrionalis Threatened
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/9045
Flowering Plants
NAME STATUS
Dwarf -flowered Heartleaf Hexastylis nani flora Threatened
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/2458
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECTAREA UNDER THIS OFFICE'S
JURISDICTION.

11/17/2020 Event Code: 04EN1000-2021-E-00228
Migratory Birds
Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle
Protection Actz.
Any person or organization who plans or conducts activities that may result in impacts to
migratory birds, eagles, and their habitats should follow appropriate regulations and consider
implementing appropriate conservation measures, as described below.
1. The Migratory Birds Treaty Act of 1918.
2. The Bald and Golden Eagle Protection Act of 1940.
3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
The birds listed below are birds of particular concern either because they occur on the USFWS
Birds of Conservation Concern (BCC) list or warrant special attention in your project location.
To learn more about the levels of concern for birds on your list and how this list is generated, see
the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that
every bird on this list will be found in your project area. To see exact locations of where birders
and the general public have sighted birds in and around your project area, visit the E-bird data
mapping tool (Tip: enter your location, desired date range and a species on your list). For
projects that occur off the Atlantic Coast, additional maps and models detailing the relative
occurrence and abundance of bird species on your list are available. Links to additional
information about Atlantic Coast birds, and other important information about your migratory
bird list, including how to properly interpret and use your migratory bird report, can be found
below.
For guidance on when to schedule activities or implement avoidance and minimization measures
to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE
SUMMARY at the top of your list to see when these birds are most likely to be present and
breeding in your project area.
BREEDING SEASON
Rusty Blackbird Euphagus carolinus Breeds elsewhere
This is a Bird of Conservation Concern (BCC) throughout its range in the continental
USA and Alaska.
Probability Of Presence Summary
The graphs below provide our best understanding of when birds of concern are most likely to be
present in your project area. This information can be used to tailor and schedule your project
activities to avoid or minimize impacts to birds. Please make sure you read and understand the

11/17/2020 Event Code: 04EN1000-2021-E-00228
FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting
to interpret this report.
Probability of Presence (.J)
Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your
project overlaps during a particular week of the year. (A year is represented as 12 4-week
months.) A taller bar indicates a higher probability of species presence. The survey effort (see
below) can be used to establish a level of confidence in the presence score. One can have higher
confidence in the presence score if the corresponding survey effort is also high.
How is the probability of presence score calculated? The calculation is done in three steps:
The probability of presence for each week is calculated as the number of survey events in
the week where the species was detected divided by the total number of survey events for
that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee
was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is
0.25.
2. To properly present the pattern of presence across the year, the relative probability of
presence is calculated. This is the probability of presence divided by the maximum
probability of presence across all weeks. For example, imagine the probability of presence
in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12
(0.25) is the maximum of any week of the year. The relative probability of presence on
week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2.
3. The relative probability of presence calculated in the previous step undergoes a statistical
conversion so that all possible values fall between 0 and 10, inclusive. This is the
probability of presence score.
Breeding Season( )
Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across
its entire range. If there are no yellow bars shown for a bird, it does not breed in your project
area.
Survey Effort (1)
Vertical black lines superimposed on probability of presence bars indicate the number of surveys
performed for that species in the 10km grid cell(s) your project area overlaps. The number of
surveys is expressed as a range, for example, 33 to 64 surveys.
No Data (—)
A week is marked as having no data if there were no survey events for that week.
Survey Timeframe
Surveys from only the last 10 years are used in order to ensure delivery of currently relevant
information. The exception to this is areas off the Atlantic coast, where bird returns are based on
all years of available data, since data in these areas is currently much more sparse.

11/17/2020 Event Code: 04EN1000-2021-E-00228 3
■ probability of presence breeding season I survey effort — no data
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Rusty Blackbird +--- —++— -4-- - — . --- ---- ---- -- — 1 1 1
BCC Rangewide (CON)
Additional information can be found using the following links:
• Birds of Conservation Concern http://www.fws.gov/birds/management/managed-species/
birds-of-conservation-concern.php
• Measures for avoiding and minimizing impacts to birds http://www.fws.gov/birds/
management/project-assessment-tools-and-guidance
conservation-measures.php
• Nationwide conservation measures for birds http://www.fws.gov/migrator3Lbirds/pdf/
management/nationwidestandardconservationmeasures. pdf
Migratory Birds FAQ
Tell me more about conservation measures I can implement to avoid or minimize impacts
to migratory birds.
Nationwide Conservation Measures describes measures that can help avoid and minimize
impacts to all birds at any location year round. Implementation of these measures is particularly
important when birds are most likely to occur in the project area. When birds may be breeding in
the area, identifying the locations of any active nests and avoiding their destruction is a very
helpful impact minimization measure. To see when birds are most likely to occur and be breeding
in your project area, view the Probability of Presence Summary. Additional measures and/or
permits may be advisable depending on the type of activity you are conducting and the type of
infrastructure or bird species present on your project site.
What does IPaC use to generate the migratory birds potentially occurring in my specified
location?
The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern
(BCQ and other species that may warrant special attention in your project location.
The migratory bird list generated for your project is derived from data provided by the Avian
Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding_,
and citizen science datasets and is queried and filtered to return a list of those birds reported as
occurring in the 10km grid cell(s) which your project intersects, and that have been identified as
warranting special attention because they are a BCC species in that area, an eagle (Eagle Act
requirements may apply), or a species that has a particular vulnerability to offshore activities or
development.

11/17/2020 Event Code: 04EN1000-2021-E-00228
4
Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your
project area. It is not representative of all birds that may occur in your project area. To get a list
of all birds potentially present in your project area, please visit the AKN Phenology Tool.
What does IPaC use to generate the probability of presence graphs for the migratory birds
potentially occurring in my specified location?
The probability of presence graphs associated with your migratory bird list are based on data
provided by the Avian Knowledge Network (AKN). This data is derived from a growing
collection of survey, banding, and citizen science datasets .
Probability of presence data is continuously being updated as new and better information
becomes available. To learn more about how the probability of presence graphs are produced and
how to interpret them, go the Probability of Presence Summary and then click on the "Tell me
about these graphs" link.
How do I know if a bird is breeding, wintering, migrating or present year-round in my
project area?
To see what part of a particular bird's range your project area falls within (i.e. breeding,
wintering, migrating or year-round), you may refer to the following resources: The Cornell Lab
of Ornithology All About Birds Bird Guide, or (if you are unsuccessful in locating the bird of
interest there), the Cornell Lab of Ornithology Neotropical Birds guide. If a bird on your
migratory bird species list has a breeding season associated with it, if that bird does occur in your
project area, there may be nests present at some point within the timeframe specified. If "Breeds
elsewhere" is indicated, then the bird likely does not breed in your project area.
What are the levels of concern for migratory birds?
Migratory birds delivered through IPaC fall into the following distinct categories of concern:
1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern
throughout their range anywhere within the USA (including Hawaii, the Pacific Islands,
Puerto Rico, and the Virgin Islands);
2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation
Regions (BCRs) in the continental USA; and
3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on
your list either because of the Eagle Act requirements (for eagles) or (for non -eagles)
potential susceptibilities in offshore areas from certain types of development or activities
(e.g. offshore energy development or longline fishing).
Although it is important to try to avoid and minimize impacts to all birds, efforts should be made,
in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC
species of rangewide concern. For more information on conservation measures you can
implement to help avoid and minimize migratory bird impacts and requirements for eagles,
please see the FAQs for these topics.
Details about birds that are potentially affected by offshore projects

11/17/2020 Event Code: 04EN1000-2021-E-00228 5
For additional details about the relative occurrence and abundance of both individual bird species
and groups of bird species within your project area off the Atlantic Coast, please visit the
Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides
birds that may be helpful to you in your project review. Alternately, you may download the bird
model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical
Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic
Outer Continental Shelf project webpage.
Bird tracking data can also provide additional details about occurrence and habitat use
throughout the year, including migration. Models relying on survey data may not include this
information. For additional information on marine bird tracking data, see the Diving Bird Study
and the nanotag studies or contact Caleb Spiegel or Pam Lorin.
What if I have eagles on my list?
If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid
violating the Eagle Act should such impacts occur.
Proper Interpretation and Use of Your Migratory Bird Report
The migratory bird list generated is not a list of all birds in your project area, only a subset of
birds of priority concern. To learn more about how your list is generated, and see options for
identifying what other birds may be in your project area, please see the FAQ "What does IPaC
use to generate the migratory birds potentially occurring in my specified location". Please be
aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that
overlap your project; not your exact project footprint. On the graphs provided, please also look
carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no
data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey
effort is high, then the probability of presence score can be viewed as more dependable. In
contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of
certainty about presence of the species. This list is not perfect; it is simply a starting point for
identifying what birds of concern have the potential to be in your project area, when they might
be there, and if they might be breeding (which means nests might be present). The list helps you
know what to look for to confirm presence, and helps guide you in knowing when to implement
conservation measures to avoid or minimize potential impacts from your project activities,
should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell
me about conservation measures I can implement to avoid or minimize impacts to migratory
birds" at the bottom of your migratory bird trust resources page.

11/17/2020 Event Code: 04EN1000-2021-E-00228
Wetlands
Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section
404 of the Clean Water Act, or other State/Federal statutes.
For more information please contact the Regulatory Program of the local U.S. Army Corps of
Engineers District.
Please note that the NWI data being shown may be out of date. We are currently working to
update our NWI data set. We recommend you verify these results with a site visit to determine
the actual extent of wetlands on site.
THERE ARE NO WETLANDS WITHIN YOUR PROJECT AREA.

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
Phone: [phone] Fax: [phone]
http://www.fws.gov/nc-es/es/couMfr.html
IPaC Record Locator: 379-24308069
7,.
PIGH&wIUN,pe
3�154'N"6
t
November 17, 2020
Subject: Consistency letter for the 'Cape Fear Solar' project indicating that any take of the
northern long-eared bat that may occur as a result of the Action is not prohibited
under the ESA Section 4(d) rule adopted for this species at 50 CFR §17.40(o).
Dear Michelle Measday:
The U.S. Fish and Wildlife Service (Service) received on November 17, 2020 your effects
determination for the 'Cape Fear Solar' (the Action) using the northern long-eared bat (Myotis
septentrionalis) key within the Information for Planning and Consultation (IPaC) system. You
indicated that no Federal agencies are involved in funding or authorizing this Action. This IPaC
key assists users in determining whether a non -Federal action may cause "take"M of the northern
long-eared bat that is prohibited under the Endangered Species Act of 1973 (ESA) (87 Stat.884,
as amended; 16 U.S.C. 1531 et seq.).
Based upon your IPaC submission, any take of the northern long-eared bat that may occur as a
result of the Action is not prohibited under the ESA Section 4(d) rule adopted for this species at
50 CFR §17.40(o). Unless the Service advises you within 30 days of the date of this letter that
your IPaC-assisted determination was incorrect, this letter verifies that the Action is not likely to
result in unauthorized take of the northern long-eared bat.
Please report to our office any changes to the information about the Action that you entered into
IPaC, the results of any bat surveys conducted in the Action area, and any dead, injured, or sick
northern long-eared bats that are found during Action implementation.
If your Action proceeds as described and no additional information about the Action's effects on
species protected under the ESA becomes available, no further coordination with the Service is
required with respect to the northern long-eared bat.
The IPaC-assisted determination for the northern long-eared bat does not apply to the following
ESA -protected species that also may occur in your Action area:
• Dwarf -flowered Heartleaf, Hexastylis nani flora (Threatened)

11/17/2020 IPaC Record Locator: 379-24308069
You may coordinate with our Office to determine whether the Action may cause prohibited take
of the animal species listed above.
[1]Take means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to
attempt to engage in any such conduct [ESA Section 3(19)].

11/17/2020 IPaC Record Locator: 379-24308069 3
Action Description
You provided to IPaC the following name and description for the subject Action.
1. Name
Cape Fear Solar
2. Description
The following description was provided for the project'Cape Fear Solar':
Solar Farm with access road
Approximate location of the project can be viewed in Google Maps: https://www.google.com/
maps/place/35.31203176166596N81.59203704916337W
Determination Key Result
This non -Federal Action may affect the northern long-eared bat; however, any take of this
species that may occur incidental to this Action is not prohibited under the final 4(d) rule at 50
CFR §17.40(o).
Determination Key Description: Northern Long-eared Bat 4(d) Rule
This key was last updated in IPaC on May 15, 2017. Keys are subject to periodic revision.
This key is intended for actions that may affect the threatened northern long-eared bat.
The purpose of the key for non -Federal actions is to assist determinations as to whether proposed
actions are excepted from take prohibitions under the northern long-eared bat 4(d) rule.

11/17/2020 IPaC Record Locator: 379-24308069 4
If a non -Federal action may cause prohibited take of northern long-eared bats or other ESA -listed
animal species, we recommend that you coordinate with the Service.

11/17/2020 IPaC Record Locator: 379-24308069
5
Determination Key Result
Based upon your IPaC submission, any take of the northern long-eared bat that may occur as a
result of the Action is not prohibited under the ESA Section 4(d) rule adopted for this species at
50 CFR §17.40(o).
Qualification Interview
1. Is the action authorized, funded, or being carried out by a Federal agency?
No
2. Will your activity purposefully Take northern long-eared bats?
No
3. [Semantic] Is the project action area located wholly outside the White -nose Syndrome
Zone?
Automatically answered
No
4. Have you contacted the appropriate agency to determine if your project is near a known
hibernaculum or maternity roost tree?
Location information for northern long-eared bat hibernacula is generally kept in state
Natural Heritage Inventory databases — the availability of this data varies state -by -state.
Many states provide online access to their data, either directly by providing maps or by
providing the opportunity to make a data request. In some cases, to protect those resources,
access to the information may be limited. A web page with links to state Natural Heritage
Inventory databases and other sources of information on the locations of northern long-
eared bat roost trees and hibernacula is available at www.fws.gov/midwest/endangered/
mammals/nleb/nhisites.html.
Yes
Will the action affect a cave or mine where northern long-eared bats are known to
hibernate (i.e., hibernaculum) or could it alter the entrance or the environment (physical or
other alteration) of a hibernaculum?
No
6. Will the action involve Tree Removal?
Yes

11/17/2020 IPaC Record Locator: 379-24308069
H.
7. Will the action only remove hazardous trees for the protection of human life or property?
No
8. Will the action remove trees within 0.25 miles of a known northern long-eared bat
hibernaculum at any time of year?
No
9. Will the action remove a known occupied northern long-eared bat maternity roost tree or
any trees within 150 feet of a known occupied maternity roost tree from June 1 through
July 31?
No

11/17/2020 IPaC Record Locator: 379-24308069
Project Questionnaire
If the project includes forest conversion, report the appropriate acreages below.
Otherwise, type Win questions 1-3.
1. Estimated total acres of forest conversion:
24
2. If known, estimated acres of forest conversion from April 1 to October 31
0
3. If known, estimated acres of forest conversion from June 1 to July 31
0
If the project includes timber harvest, report the appropriate acreages below.
Otherwise, type Win questions 4-6.
4. Estimated total acres of timber harvest
U
5. If known, estimated acres of timber harvest from April 1 to October 31
0
6. If known, estimated acres of timber harvest from June 1 to July 31
0
If the project includes prescribed fire, report the appropriate acreages below.
Otherwise, type Win questions 7-9.
7. Estimated total acres of prescribed fire
0
8. If known, estimated acres of prescribed fire from April 1 to October 31
0
9. If known, estimated acres of prescribed fire from June 1 to July 31
0
If the project includes new wind turbines, report the megawatts of wind capacity
below. Otherwise, type Win question 10.

11/17/2020 IPaC Record Locator: 379-24308069
10. What is the estimated wind capacity (in megawatts) of the new turbine(s)?

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litsyMsyMe➢fit
USER MATTCAPPS
Cleveland County NC Property Card
FOR YEAR 2020
HEELSTONE LAND
HOLDINGS LLC PARCEL ID.. 51544
PIN... 6-90 1 16R
LOCATION... 2200 SOUTHERN DR
SHELBY ET7
DEED YEAR/BOOK/PAGE.. 2015 1695 0871
ASSESSMENT NONE
236 THIRD STREET
PLAT BOOK/PAGE.. PB33 138
OWNER ID.. 1307136
LEGAL DESC:23.544 AC OFF RD 1308
DISTRICT.. 1 COUNTY SCHOOL DIST
TOWNSHIP... 6 SHELBY
BATON ROUGE
LA 70801-
NBRHOOD... 84 6 MAPS #06
DESCRIPTION
RESIDENTIAL
MAINTAINED..
4/04/2019
BY MAYES VALUED.. 4/10/2019 BY MAYES
VISITED.....
12/02/2008
BY 7P PREV PARCEL 28318
ROUTING#..
PARCEL STATUS...
ACTIVE
CATEGORY.. GROUP 100
--------------------------------------------
SALES HISTORY ----------------------------------------------------
DEED BK/PAGE
SALE DATE
SALES INSTRUMENT DISQUALIFIED SALE AMOUNT
STAMP AMOUNT DEED NAME
1695 0871
4/10/2015
DEED ADDITION PARCEL 230,500
461.00 HEELSTONE LAND HOLDINGS LLC
1687 2339
11/24/2014
DEED ADDITION PARCEL
DOGWOOD CREEK LAND
HOLDINGS LL
1674 0055
3/11/2014
PARENT PARCEL PARENT PARCEL
SHELBY DEVELOPMENT
PARTNERS LL
1546 2390
3/11/2014
PARENT PARCEL PARENT PARCEL
SHELBY DEVELOPMENT
PARTNERS LL
1546 2390
10/28/2013
PARENT PARCEL PARENT PARCEL
SHELBY DEVELOPMENT
PARTNERS LL
1546 2390
3/12/2008
DEED ADDITION PARCEL
SHELBY DEVELOPMENT
PARTNERS LL
1286 1166
1/03/2001
DEED NO STAMPS ON DE
SNIDER SIDNEY
1239 2297
1/19/1999
DEED ADDITION PARCEL 1205000
240.00 SNIDER SIDNEY & W/
LOYCE
17W 471
12/31/1997
ANNEXATION NO STAMPS ON DE
RAMSEY ROBERT L & EUNICE,BRADL
--------------------------------------------
LAND SEGMENTS ----------------------------------------------------
LND
STRAT
LAND
TOT
CURRENT
# ZONE
CODE TYPE/CODE
LAND QTY LAND RATE DPT% SHP%
LOC% SIZ% OTH% TOP% AD]
FMV
2
13 AC
WOODS 23.544 55000.00 .00 .00
.00 64.00 .00 .00 64.00
755340
TOTAL
ACRES..
23.544
TOTAL LAND FMV..
755340
TOTAL PARCEL VALUES----
LAND / OVR IMPROVEMENTS / OVR
TOTAL LAND/IMPROVE 2019 VALUE
FMV......
755340 0
755340
755340
APV......
755340 0
755340
755340
-------------------------------------------- COMMENTS - ----------------------------------------------------
USER MATTCAPPS FOR YEAR 2020
HEELSTONE LAND
HOLDINGS LLC PARCEL ID.. 51544
PIN... 6-90 1 16R
LOCATION... 2200 SOUTHERN DR
SHELBY ET7
DEED YEAR/BOOK/PAGE.. 2015 1695 0871
ASSESSMENT NONE
236 THIRD STREET
PLAT BOOK/PAGE.. PB33 138
OWNER ID.. 1307136
LEGAL DESC:23.544 AC OFF RD 1308
DISTRICT.. 1 COUNTY SCHOOL DIST
TOWNSHIP... 6 SHELBY
BATON ROUGE
LA 70801-
NBRHOOD... 84 6 MAPS #06
DESCRIPTION
RESIDENTIAL
MAINTAINED..
4/04/2019
BY MAYES VALUED.. 4/10/2019 BY MAYES
VISITED.....
12/02/2008
BY 7P PREV PARCEL 28318
ROUTING#..
PARCEL STATUS...
ACTIVE
CATEGORY.. GROUP 100
--------------------------------------------
SALES HISTORY ----------------------------------------------------
DEED BK/PAGE
SALE DATE
SALES INSTRUMENT DISQUALIFIED SALE AMOUNT
STAMP AMOUNT DEED NAME
1695 0871
4/10/2015
DEED ADDITION PARCEL 230,500
461.00 HEELSTONE LAND HOLDINGS LLC
1687 2339
11/24/2014
DEED ADDITION PARCEL
DOGWOOD CREEK LAND
HOLDINGS LL
1674 0055
3/11/2014
PARENT PARCEL PARENT PARCEL
SHELBY DEVELOPMENT
PARTNERS LL
1546 2390
3/11/2014
PARENT PARCEL PARENT PARCEL
SHELBY DEVELOPMENT
PARTNERS LL
1546 2390
10/28/2013
PARENT PARCEL PARENT PARCEL
SHELBY DEVELOPMENT
PARTNERS LL
1546 2390
3/12/2008
DEED ADDITION PARCEL
SHELBY DEVELOPMENT
PARTNERS LL
1286 1166
1/03/2001
DEED NO STAMPS ON DE
SNIDER SIDNEY
1239 2297
1/19/1999
DEED ADDITION PARCEL 1205000
240.00 SNIDER SIDNEY & W/
LOYCE
17W 471
12/31/1997
ANNEXATION NO STAMPS ON DE
RAMSEY ROBERT L & EUNICE,BRADL
--------------------------------------------
LAND SEGMENTS ----------------------------------------------------
LND
STRAT
LAND
TOT
CURRENT
# ZONE
CODE TYPE/CODE
LAND QTY LAND RATE DPT% SHP%
LOC% SIZ% OTH% TOP% AD]
FMV
2
13 AC
WOODS 23.544 55000.00 .00 .00
.00 64.00 .00 .00 64.00
755340
TOTAL
ACRES..
23.544
TOTAL LAND FMV..
755340
TOTAL PARCEL VALUES----
LAND / OVR IMPROVEMENTS / OVR
TOTAL LAND/IMPROVE 2019 VALUE
FMV......
755340 0
755340
755340
APV......
755340 0
755340
755340
--------------------------------------------
COMMENTS -----------------------------------------------------
https://www.webgis.net/nc/cleveland/Property Card.php?pid=51544 1 /1

"FIVIAKIN11
IPaC
IPaC: Resources
U.S. Fish & Wildlife Service
IPaC resource list
Last login November 17, 2020 07:50 AM MST
This report is an automatically generated list of species and other resources such as critical habitat
(collectively referred to as trustresources) under the U.S. Fish and Wildlife Service's (USFWS)
jurisdiction that are known or expected to be on or near the project area referenced below. The list
may also include trust resources that occur outside of the project area, but that could potentially be
directly or indirectly affected by activities in the project area. However, determining the likelihood and
extent of effects a project may have on trust resources typically requires gathering additional site -
specific (e.g., vegetation/species surveys) and project -specific (e.g., magnitude and timing of prop ed
activities) information.
Below is a summaryof the project information you provided and contact information fo(h USFWS
P J Y
office(s) with jurisdiction in the defined project area. Please read the introduction to each section that
follows (Endangered Species, Migratory Birds, USFWS Facilities, and NW etlnds) for additional
information applicable to the trust resources addressed in that sectipm
Project information 11
NAME
Cape Fear Solar
LOCATION
Cleveland County, North n
'1V
,f
DESCRIPTION
Solar Farm with access road
Local office
Asheville Ecological Services Field Office
https://ecos.fws.gov/ipac/project/TFGAINSY7NH7TAOGL241 RQD2VY/resources 1 /9

"FIVIAKINII
IPaC: Resources
t. [phone]
JEJ [phone]
160 Zillicoa Street
Asheville, NC 28801-1082
http://www.fws.gov/nc-es/es/countyfr.htmI
�o�
I01?4*A-
https://ecos.fws.gov/ipac/project/TFGAINSY7NH7TAOGL241RQD2VY/resources 2/9

11/17/2020 IPaC: Resources
Endangered species
This resource list is for informational purposes only and does not constitute an analysis of project
level impacts.
The primary information used to generate this list is the known or expected range of each species.
Additional areas of influence (AOI) for species are also considered. An AOI includes areas outside of
the species range if the species could be indirectly affected by activities in that area (e.g., placing a
dam upstream of a fish population, even if that fish does not occur at the dam site, may indirectly
impact the species by reducing or eliminating water flow downstream). Because species can move,
and site conditions can change, the species on this list are not guaranteed to be found on or near the
project area. To fully determine any potential effects to species, additional site -specific and project
specific information is often required.
1
Section 7 of the Endangered Species Act requires Federal agencies to "request of the Secretary
information whether any species which is listed or proposed to be listed may be present in the area of
such proposed action" for any project that is conducted, permitted, funded, or licensed by any Federal
agency. A letter from the local office and a species list which fulfills this requirement can only be
obtained by requesting an official species list from either the Regulatory Review section in IPaC (see
directions below) or from the local field office directly. ,, A.w%
For project evaluations that require USFWS concurrence/review, please return to the IPaC website and
request an official species list by doing the following:
1. Log in to IPaC.
2. Go to your My Projects list.
3. Click PROJECT HOME for this project.
4. Click REQUEST SPECIES LIST.
Listed speciesi and their critical habitats are managed by the Ecological Services Program of the U.S.
Fish and Wildlife Service (USFWS) and the fisheries division of the National Oceanic and Atmospheric
Administration (NOAA Fisheries).
Species and critical habitats under the sole responsibility of NOAA Fisheries are not shown on this list.
Please contact NOAA Fisheries for species under their jurisdiction.
Species listed under the Endangered Species Act are threatened or endangered; IPaC also shows
species that are candidates, or proposed, for listing. See the listing status page for more
information.
2. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the
National Oceanic and Atmospheric Administration within the Department of Commerce.
The following species are potentially affected by activities in this location:
Mammals
NAME STATUS
https://ecos.fws.gov/ipac/project/TFGAINSY7NH7TAOGL241RQD2VY/resources 3/9

MINNOW
IPaC: Resources
Northern Long-eared Bat Myotis septentrionalis Threatened
No critical habitat has been designated for this species.
https.//ecos.fws.gov/ecp/species/9045
Flowering Plants
NAME STATUS
Dwarf -flowered Heartleaf Hexastylis naniflora Threatened
No critical habitat has been designated for this species.
httpL.//ecos.fws.gov/ecp/species/2458
Critical habitats
Potential effects to critical habitat(s) in this location must be analyzed along with the e ng
species themselves.
THERE ARE NO CRITICAL HABITATS AT THIS LOCATION.
Migratory birds kco\)
Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle
Protection ActZ.
Any person or organization who plans or conducts activities that may result in impacts to migratory
birds, eagles, and their habitats should follow appropriate regulations and consider implementing
appropriate co ervation measures, as described below.
1. The Migra o Birds Treaty Act of 1918.
J,T Bald Jnd Golden Eagle Protection Act of 1940.
Adtional information can be found using the following links:
Birds of Conservation Concern http://www.fws.gov/birds/management/managed-species/
birds-of-conservation-concern.php
Measures for avoiding and minimizing impacts to birds
http://www.fws.gov/birds/management/project-assessment-tools-and-guidance/
conservation-measures.php
Nationwide conservation measures for birds
http://www.fws.gov/migratorybirds/pdf/management/nationwidestandardconservationmeasures.pdf
The birds listed below are birds of particular concern either because they occur on the USFWS Birds of
Conservation Concern (BCC) list or warrant special attention in your project location. To learn more
about the levels of concern for birds on your list and how this list is generated, see the FAQ below.
This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list
will be found in your project area. To see exact locations of where birders and the general public have
https://ecos.fws.gov/ipac/project/TFGAINSY7NH7TAOGL241RQD2VY/resources 4/9

"FIVIAKIN11
IPaC: Resources
sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your
location, desired date range and a species on your list). For projects that occur off the Atlantic Coast,
additional maps and models detailing the relative occurrence and abundance of bird species on your
list are available. Links to additional information about Atlantic Coast birds, and other important
information about your migratory bird list, including how to properly interpret and use your migratory
bird report, can be found below.
For guidance on when to schedule activities or implement avoidance and minimization measures to
reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at
the top of your list to see when these birds are most likely to be present and breeding in your project
area.
NAME
Rusty Blackbird Euphagus carolinus
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
Probability of Presence Summary
BREEDING SEASON (IFA
BREEDING SEASON IS INDICATED
............................................................................................................
FOR A BIRD ON YOUR LIST THL
.................................................................................... !E
BIRD MAY BREED IN YOUR
....................................................................................
PROJECTAREASOMETIMEWI HIN
..............................................................................................................
THE TIMENOAME SPECIFIED,
..................................................................................
WHICH IS A VERY LI RAL
..................................................... w ............................
ESTIMATE OF THE DATES INSIDE
........................................................................................................
WHICH T'IE BIRD BREEDS ACROSS
.............................................................................................................
ITENTIRE RANGE. "BREEDS
ELSEWHERE" INDICATES THAT THE
................................................................................................................
BIRD DOES NOT LIKELY BREED IN
............................................................................................................
YOUR PROJECT AREA.)
.......................................................................
Breeds elsewhere
The graphs below provide our best understanding of when birds of concern are most likely to be
present in your project area. This information can be used to tailor and schedule your project activities
to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ "Proper
Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this
report.
Probability of Presence ( )
Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your
project overlaps during a particular week of the year. (A year is represented as 12 4-week months.) A
taller bar indicates a higher probability of species presence. The survey effort (see below) can be used
to establish a level of confidence in the presence score. One can have higher confidence in the
presence score if the corresponding survey effort is also high.
How is the probability of presence score calculated? The calculation is done in three steps:
1. The probability of presence for each week is calculated as the number of survey events in the week
where the species was detected divided by the total number of survey events for that week. For
https://ecos.fws.gov/ipac/project/TFGAINSY7NH7TAOGL241RQD2VY/resources 5/9

IPaC: Resources
example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of
them, the probability of presence of the Spotted Towhee in week 12 is 0.25.
2. To properly present the pattern of presence across the year, the relative probability of presence is
calculated. This is the probability of presence divided by the maximum probability of presence
across all weeks. For example, imagine the probability of presence in week 20 for the Spotted
Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week
of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is
0.05/0.25 = 0.2.
3. The relative probability of presence calculated in the previous step undergoes a statistical
conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of
presence score.
To see a bar's probability of presence score, simply hover your mouse cursor over the bar.
Breeding Season ( ) A -
Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across its
entire range. If there are no yellow bars shown for a bird, it does not breed in your project area.
Survey Effort (1)
Vertical black lines superimposed on probability of presence bars indicate the number of surveys
performed for that species in the 10km grid cell(s) your project area verlaps. The number of surveys
is expressed as a range, for example, 33 to 64 surveys. 11
To see a bar's survey effort range, simply hover your mouse cursor over the bar.
No Data( )
A week is marked as having no data if th re were no survey events for that week.
Survey Timeframe
Surveys from only the last 10 years are used in order to ensure delivery of currently relevant
information. The exception to this is areas off the Atlantic coast, where bird returns are based on all
years of available data, since data in these areas is currently much more sparse.
probability of presence
SPECIE JAN FFB MAR APR MAY JUN JUL
Rusty Blackbird
BCC Ppngewide (CON)
..................................0 ................
(This is a Bird of
.......................................
Conservation Concern
......................................................
(BCC) throughout its
.................................................
range in the
.............................
continental USA and
..................................................
Alaska.)
...................
+--- —++— +—.-
breeding season I survey effort no data
AU SEP OCT NOV DEC
Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds.
Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any
location year round. Implementation of these measures is particularly important when birds are most likely to occur
in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding
their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be
breeding in your project area, view the Probability of Presence Summary. Additional measures and/or permits may be
advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present
on your project site.
https://ecos.fws.gov/ipac/project/TFGAINSY7NH7TAOGL241RQD2VY/resources 6/9

"FIVIAKIN11
IPaC: Resources
What does IPaC use to generate the migratory birds potentially occurring in my specified location?
The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC) and other species that
may warrant special attention in your project location.
The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network
(AKN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried
and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects,
and that have been identified as warranting special attention because they are a BCC species in that area, an eagle
(Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or
development.
Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not
representative of all birds that may occur in your project area. To get a list of all birds potentially present in your
project area, please visit the AKN Phenology Tool.
What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring
in my specified location?
The probability of presence graphs associated with your migratory bird list are based on data rovided by the Avian
Knowledge Network (AKN). This data is derived from a growing collection of survey, band citizen science
datasets . I
Probability of presence data is continuously being updated as new and better information becomes available. To
learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability
of Presence Summary and then click on the "Tell me about these graphs" J
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How do I know if a bird is breeding, wintering, migrating or present year-round in my project area?
To see what part of a particular bird's range your project areNalls within (i.e. breeding, wintering, migrating or year-
round), you may refer to the following resources: The Cornell Lab of Ornithology All About Birds Bird Guide, or (if you
are unsuccessful in locating the bird of interest there), the Cornell Lab of Ornithology Neotropical Birds guide. If a bird
on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project
area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated,
then the bird likely does not breed in your project area.
What are the levels of concern for migratory birds?
Migratory birds delivered through IPaC fall into the following distinct categories of concern:
1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range
anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands);
2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the
continental USA; and
3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of
the Eagle Act requirements (for eagles) or (for non -eagles) potential susceptibilities in offshore areas from certain
types of development or activities (e.g. offshore energy development or longline fishing).
Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to
avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For
more information on conservation measures you can implement to help avoid and minimize migratory bird impacts
and requirements for eagles, please see the FAQs for these topics.
Details about birds that are potentially affected by offshore projects
https://ecos.fws.gov/ipac/project/TFGAINSY7NH7TAOGL241RQD2VY/resources 7/9

"FIVIAKIN11
IPaC: Resources
For additional details about the relative occurrence and abundance of both individual bird species and groups of bird
species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also
offers data and information about other taxa besides birds that may be helpful to you in your project review.
Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS
Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic
Outer Continental Shelf project webpage.
Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including
migration. Models relying on survey data may not include this information. For additional information on marine bird
tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Loring.
What if I have eagles on my list?
If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle
Act should such impacts occur.
Proper Interpretation and Use of Your Migratory Bird Report 4MA
The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priorit concern.
To learn more about how your list is generated, and see options for identifying what other birds may belTour
project area, please see the FAQ "What does IPaC use to generate the migratory bird.5#oTentiallyVc6'rring in my
specified location". Please be aware this report provides the "probability of preserrte" of birds within the 10 km grid
cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at
the survey effort (indicated by the black vertical bar) and for the existence of the "ng data" indicator (a red horizontal
bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can
be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and,
therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for
identifying what birds of concern have the potential to be in k urproject area, when they might be there, and if they
might be breeding (which means nests might be present) he list helps you know what to look for to confirm
presence, and helps guide you in knowing when to imp ement conservation measures to avoid or minimize potential
impacts from your project activities, should presence be confirmed. To learn more about conservation measures, visit
the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds" at
the bottom of your migrattry bird trust resources page.
Fad (,I7tNis
National Wildlife Refuge lands
Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a
'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to
discuss any questions or concerns.
THERE ARE NO REFUGE LANDS AT THIS LOCATION.
Fish hatcheries
https://ecos.fws.gov/ipac/project/TFGAINSY7NH7TAOGL241RQD2VY/resources 8/9

MUMA IN11
THERE ARE NO FISH HATCHERIES AT THIS LOCATION.
IPaC: Resources
Wetlands in the National Wetlands Inventory
Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of
the Clean Water Act, or other State/Federal statutes.
For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers
District.
THERE ARE NO KNOWN WETLANDS AT THIS LOCATION.
Data limitations
The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level information
on the location, type and size of these resources. The maps are prepared from the analysis of high altitude imagery.
Wetlands are identified based on vegetation, visible hydrology and geography. A margin of error is inherent in the use
of imagery; thus, detailed on -the -ground inspection of any particular site may result in revision of the wetland
boundaries or classification established through image analysis.
The accuracy of image interpretation depends on the quality of the imagery, the rlence of the image analysts, the
amount and quality of the collateral data and the amount of ground truth verifica ion work conducted. Metadata
should be consulted to determine the date of the source ir&agerused and any mapping problems.
%WOF
Wetlands or other mapped features may have changed since the date of the imagery or field work. There may be
occasional differences in polygon boundaries or classifications between the information depicted on the map and the
actual conditions on site.
Data exclusions
Certain wetland habitats are e d from the National mapping program because of the limitations of aerial
imagery as the primary data source used to detect wetlands. These habitats include seagrasses or submerged aquatic
vegetation that ar found in the intertidal and subtidal zones of estuaries and nearshore coastal waters. Some
deepwater reeficounities (coral or tuberficid worm reefs) have also been excluded from the inventory. These
habitats, lose of their depth, go undetected by aerial imagery.
Data precautions
Federal, state, and local regulatory agencies with jurisdiction over wetlands may define and describe wetlands in a
different manner than that used in this inventory. There is no attempt, in either the design or products of this
inventory, to define the limits of proprietary jurisdiction of any Federal, state, or local government or to establish the
geographical scope of the regulatory programs of government agencies. Persons intending to engage in activities
involving modifications within or adjacent to wetland areas should seek the advice of appropriate federal, state, or
local agencies concerning specified agency regulatory programs and proprietary jurisdictions that may affect such
activities.
https://ecos.fws.gov/ipac/project/TFGAINSY7NH7TAOGL241RQD2VY/resources 9/9

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801
November 13, 2014
Mr. David Valentine
ECS Carolinas, LLP
1812 Center Park Drive, Suite D
Charlotte, North Carolina 28217
Dear Mr. Valentine:
Subject: Listed Species Assessment, for Proposed 32-Acre Solar Array Site (Cape Fear Solar I),
located at 2204 Randolph Road, in Shelby, Cleveland County, North Carolina (ECS Project
#08-10319-C)
On October 22, 2014, we received your letter (via e-mail) requesting our comments on the subject
project. We have reviewed the information that you presented and the following comments are
provided in accordance with the provisions of the National Environmental Policy Act (42 U.S.C.§
4321 et seq.); the Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661-667e); the
Migratory Bird Treaty Act, as amended (16 U.S.C. 703); and section 7 of the Endangered Species
Act of 1973, as amended (16 U.S.C. 1531-1543) (Act).
Project Description
According to the information presented, your client is proposing to construct a solar array on a 32-
acre site comprised of two parcels. The site consists primarily of undeveloped forested land with
mature and immature hard wood and pine trees. Several streams occur in the northeastern and
northwestern portions of the site. Your letter did not include any information regarding specific
project plans or proposed/potential impacts to aquatic resources.
Federally Listed Endangered and Threatened Species
There appears to be suitable habitat for the federally threatened dwarf -flowered heartleaf (Hexastylis
naniflora) on the project site. We have multiple occurrence records for this plant on the proposed
project site. Though your letter indicates that no Hexastylis species was observed during the site
reconnaisasance, we have records that the plant was last observed on the site in 2010. We
recommend that a formal survey for dwarf -flowered heartleaf be conducted at the project site to
ensure that this species is not inadvertently lost. In accordance with the Act, it is the responsibility of
the appropriate federal agency or its designated representative to review its activities or programs and
to identify any such activities or programs that may affect endangered or threatened species or their
habitats. If it is determined that the proposed activity may adversely affect any species federally
listed as endangered or threatened, formal consultation with this office must be initiated.

We also believe there is suitable habitat on the site for the northern long-eared bat (Myotis
septentrionalis). On October 2, 2013, the northern long-eared bat was proposed for listing as an
endangered species and the project site occurs within its published range (per the USFWS — Northern
Long -Eared Bat Interim Conference Planning Guidance). I During the summer, northern long-eared
bats typically roost singly or in colonies in a wide -variety of forested habitats, underneath bark or in
cavities/crevices of both live trees and snags. Northern long-eared bats have also been documented
roosting in man-made structures (i.e., buildings, barns, etc.) during the summer. Northern long-eared
bats predominately winter in hibernacula that include caves and abandoned mine portals. It should
be noted that the general habitat types described above may not be all-inclusive, and additional
habitat types may be identified as new information is obtained.
Section 7(a)(4) of the ESA of 1973 states that "Each Federal agency shall confer with the Secretary
on any agency action which is likely to jeopardize the continued existence of any species proposed to
be listed ... or result in the destruction or adverse modification of critical habitat proposed to be
designated for such species (please note that, at this time, no designated critical habitat has been
proposed for the northern long-eared bat). This paragraph does not require a limitation on the
commitment of resources as described in subsection (d)." Section 7(a)(4) was added to the ESA to
provide a mechanism for identifying and resolving potential conflicts between a proposed action and
proposed species or proposed critical habitat at an early planning stage. While consultations are
required when the proposed action may affect listed species, a conference is required only when the
proposed action is likely to jeopardize the continued existence of a proposed species or destroy or
adversely modify proposed critical habitat. However, Federal action agencies may request a
conference on any proposed action that may affect proposed species or proposed critical habitat. The
Service also can request a conference after reviewing available information suggesting a proposed
action is likely to jeopardize proposed species or destroy or adversely modify proposed critical
habitat. To minimize potential impacts to the northern long-eared we recommend all tree felling
occur between October 15 and April 15 (after the species is placed on the Endangered Species List —
after October 2, 2014). By doing so, we believe the northern long-eared bat will be protected from
direct impacts and thus it is unlikely that the proposed action will jeopardize the species or that a
formal conference is necessary. Similarly, if all tree clearing is conducted before the species is
placed on the endangered species list, the action is not likely to jeopardize the species existence and
no further consultation is necessary.
Please be aware that while the lead federal agency for this project is not prohibited from jeopardizing
the continued existence of a proposed species until the species becomes listed, as soon as the listing
becomes effective, the prohibition against jeopardy applies, as does the prohibition against taking a
listed species under section 9 of the ESA, regardless of the proposed action's stage of completion.
We anticipate a final listing decision for the northern long-eared bat by April 1, 2015.
Riparian Buffers
Because aquatic resources occur along the project site, we recommend that forested riparian buffers
be preserved and/or restored. Natural, forested riparian buffers are critical to the health of aquatic
ecosystems. We generally recommend that forested riparian buffers (a minimum 50 feet wide along
intermittent streams and 100 feet wide along perennial streams [or the full extent of the 100-year
floodplain, whichever is greater]) should be created and/or maintained along all aquatic areas.
' Information for this guidance can be found at the following web site:
http: //www. fws. go v/northeast/virginiafie ld/pdf/NLEB interimGuidance 6Jan20 l 4. pdf

Within the watersheds of streams supporting endangered aquatic species, we recommend
undisturbed, forested buffers that are naturally vegetated with trees, shrubs, and herbaceous
vegetation and extend a minimum of 200 feet from the banks of all perennial streams and a
minimum of 100 feet from the banks of all intermittent streams, or the full extent of the 100-year
floodplain, whichever is greater.)
Stream Crossings - Roads
We recommend avoiding and minimizing the number of stream/wetland crossings and that bridges
(sized so as not to constrict the active channel and in consideration of flood flows) be used for all
permanent roadway crossings of streams and associated wetlands. We recommend the use of
spanning structures because they minimize impacts to aquatic resources, allow for the movement of
aquatic organisms, and eliminate the need to fill and install culverts. All stream crossings should be
made perpendicular to the stream in areas where banks are stable (i.e., riffle reaches). If culverts are
the only option, we suggest using bottomless culverts, or squash pipes, embedded within the channel
substrate. Any type of culvert that is used should be designed to allow for the passage of fish and
other aquatic life. Culverts should be sized to accommodate the movement of debris and bed
material within a channel during a bank -full event. We recommend the use of multiple barrels (other
than the base -flow barrel), placed on or near stream bank -full or floodplain bench elevation in order
to accommodate floodwaters within the stream corridor. These should be reconnected to floodplain
benches as appropriate. This may be accomplished by using sills on the upstream end to restrict or
divert flow to the base -flow barrel(s). Sufficient water depth should be maintained in the base -flow
barrel during low flows to accommodate fish movement. Culvert length should be minimized to the
extent possible.
During both utility and road construction activities, equipment should be kept out of streams by
operating from the banks in a fashion that minimizes disturbance to woody vegetation. Equipment
should be inspected daily and should be maintained in order to prevent the contamination of surface
waters from leaking fuels, lubricants, hydraulic fluids, or other toxic materials. All fuels, lubricants,
and other toxic materials should be stored outside the riparian area of the stream, in a location where
the material can be contained. Equipment should be checked for leaks of hydraulic fluids, cooling
system liquids, and fuel and should be cleaned before fording any stream. In addition, all fueling
operations should be accomplished at least 200 feet away from streams and wetlands or outside the
100-year floodplain (whichever is greater).
Thank you for allowing us to comment on this project. Please contact Mr. Bryan Tompkins of our
staff at 828/258-3939, Ext. 240, if you have any questions. In any future correspondence concerning
this project, please reference our Log Number 4-2-15-035.
Sincerely,
- - original signed - -
Janet Mizzi
Field Supervisor

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