HomeMy WebLinkAboutAgenda - 02-06-2018 5-a - Class A Special Use Permit – Solar Array off US Highway 70 in Cheeks Township1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: February 6, 2018
Action Agenda
Item No. 5 -a
SUBJECT: Class A Special Use Permit — Solar Array off US Highway 70 in Cheeks
Township
DEPARTMENT: Planning and Inspections
ATTACHMENTS:
1. Vicinity Map and Application
2. Site Plan
3. Site Assessment
4. Findings of Fact with Staff and Planning
Board Recommendations
5. Staff Review Comments
6. Neighborhood Information Meeting (NIM)
Materials
7. Public Hearing Mailing Certification
8. Excerpt from Draft Planning Board
Minutes from January 10, 2018 Meeting
9. BOCC Findings of Fact
10. Legal Advertisement
Under Separate Cover — 11 X1 7 Copy of
Site Plan
INFORMATION CONTACT:
Patrick Mallett, Planner II, (919) 245 -2577
Michael D. Harvey, Planner III, (919) 245 -2597
Craig Benedict, Director, (919) 245 -2592
PURPOSE: To hold a public hearing, review, and make a determination on a Class A Special
Use Permit (hereafter `SUP') application proposing the development of a solar array in
accordance with Section 2.7 Special Use Permits and Section 5.9.6 (C) Solar Array - Public Utility
of the Orange County Unified Development Ordinance (UDO).
As a reminder, the review of this item by the BOCC is carried out in a quasi-judicial format.
Decisions relating to the ultimate approval or denial of SUP applications are based solely on the
sworn testimony of all parties involved with the case, both those for and against, as well as the
review of competent material and substantial evidence submitted during the public hearing.
Hearsay or unsubstantiated opinions are not sufficient testimony.
BACKGROUND: This Class A SUP application was previously reviewed and approved by the
BOCC at its September 12, 2016 meeting. The Class A SUP expired on September 13, 2017,
and therefore needs re- approval for the project to move forward. According to the applicant,
market as well as Federal and State regulatory changes prevented action from proceeding with
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the development prior to the expiration of the original approval. These issues have since been
resolved, and the applicant has resubmitted the project for consideration.
CADENCE OF REVIEW: The review of a SUP is as follows:
• STEP ONE — NEIGHBORHOOD INFORMATION MEETING (NIM): The first step in the
review of an SUP application is a holding of a NIM to allow the applicant to meet with
local property owners to review the project.
STAFF COMMENT: The required NIM was held on December 13, 2017, from
6:30 p.m. to 7:30 p.m. in accordance with the UDO. Please refer to Attachment 6
for additional information.
• STEP TWO — PLANNING BOARD REVIEW: The Planning Board reviews the request
and makes a recommendation to the BOCC on the project's compliance with specific
development standards (Section 5.9.6 (C)) and the general standards (Section 5.3.2
Special Uses) of the UDO. Staff prepares a script to aid the Board in making a
recommendation.
STAFF COMMENT: The Planning Board reviewed this item at its January 10,
2018 regular meeting and unanimously recommended approval. Please refer to
Attachment 8 for additional information. Attachment 4 contains the findings of fact
for the project as recommended by the Planning Board and staff.
• STEP THREE — PUBLIC HEARING: The BOCC holds a public hearing to allow the
applicant and other parties with legal standing to provide sworn testimony related to the
proposal.
STAFF COMMENT: The required public hearing will be held at the February 6,
2018 BOCC regular meeting. Please refer to Attachments 7 and 10 for a copy of
the public hearing notice and the mailing certification.
• STEP FOUR — DECISION: The BOCC will review the Planning Board recommendation
as well as any other evidence presented at the hearing, deliberate as necessary, certify
the record, close the public hearing, and then render a final decision.
The applicant is proposing to develop a solar facility on a +/ -27.3 acre leased portion of the 52.1 acre
subject property with the remaining 24.8 acres being undeveloped. Please refer to Attachments 1
and 2 for additional information.
Proposed individual arrays shall be approximately 7 to 9 feet in height, with approximately 2 to 3 feet
of ground clearance, and approximately 50 feet in length. A gated 6 foot high chain link security
fence, topped with 3 feet of strand barbed wire, shall enclose the perimeter of the array to prevent
access. This fenced area shall be further surrounded by a Type D 50 foot wide landscaped buffer.
There shall be no business or other occupied office located on the property. Vehicular access is
proposed via a 30 to 50 foot wide access easement through Orange County PIN 9835 -10 -3858 to
an existing driveway onto US Highway 70. This parcel is also owned by the family leasing the
subject areas to Oakwood Solar Farm LLC / ESA Renewables.
The site contains floodplain, numerous stream buffers, and connected water body features in the
northeastern and eastern portions of the subject parcel. With the exception of installing allowed
public and /or private utilities (e.g. water and sewer), these areas will remain undisturbed and provide
the required 65 and 80 foot wide stream buffers along the floodplain and top of bank. The area in the
3
northeastern corner of the site will contain a Natural Buffer Area along the 100 -year floodplain and
stream buffers. This Natural Buffer Area shall also be noted on a recorded plat.
Analysis: As required under Section 2.7.4 of the UDO, the Planning Director is required to:
`cause an analysis to be made of the application' and pass that analysis on to the reviewing
body. In analyzing this request, the Planning Director offers the following:
a. Application submittal requirements detailed within Section 2.7 of the UDO have been
satisfied.
b. The applicant has demonstrated compliance with respect to landscaping and buffering
requirements as detailed within Section 6.8 of the UDO.
c. Staff has made the determination that a formal Environmental Impact Statement would
not be required per Section 6.16 of the UDO.
d. The applicant has complied with specific development standards associated with the
development of a solar facility as detailed within Section 5.9.6 (C) of the UDO.
e. Comments received from various County agencies (e.g. Sheriff, Fire Marshal, DEAPR,
Orange County Health) indicate there are no concerns associated with the request.
f. When this project was first acted upon, staff recommended the imposition of a condition
requiring a conservation easement be placed on the portion of the property encumbered
by floodplain.
The applicant agreed to the imposition of this condition and began moving forward with
compliance. Unfortunately, issues arose relating to the imposition of this conservation
easement. Specifically, the applicant faced difficulty in establishing the easement and
complying with applicable local and State regulations /guidelines.
After lengthy discussion and review of this matter, it was determined that the easement
would be difficult to establish while maintaining compliance with applicable provisions of
State law. Also, the granting of the easement would not necessarily be within the
interests of the County, property owners, or the applicant.
The new application proposes to preserve the same area via a Natural Buffer Area that
would be recorded on the plat and stipulated as a Condition of Approval for this Class A
SUP.
Staff supports the revised condition as detailed herein.
g. Staff finds the proposal is consistent with the various goals outlined within the
Comprehensive Plan concerning development, including:
1. Natural and Cultural Systems Goal 1: Energy conservation, sustainable use of
non - polluting renewable energy resources, efficient use of non - renewable energy
resources and clean air.
2. Objective AE -15: Foster participation in green energy programs such as
installation incentives for solar hot water /solar generation /solar tempering in
residential or commercial construction. The County should develop programs that
will link citizens and businesses with options for alternative and sustainable energy
sources.
3. Objective AG -8: Encourage the use and production of natural fuel alternatives to
petroleum based products and pursue new types of energy sources.
M
Planning Director's Recommendation: In accordance with the provisions of Section 2.7.4 of the
UDO, the Planning Director recommends approval of the application subject to:
• Approval of the recommended Findings of Fact, and imposition of recommended
conditions, as detailed within Attachment 9, and
• The BOCC's ability to make an affirmative finding on the general standards outlined
within Section 5.3.2 of the UDO.
Planning Board Recommendation: At its January 10, 2018 meeting the Board voted
unanimously to recommend approval of the SUP application. An excerpt from the draft
minutes from this meeting is included in Attachment 8. The Board's recommended findings of
fact are contained within Attachment 4.
Agenda materials from the January Planning Board meeting can be viewed at:
http:// www. orangecountync .gov /JanuaryAgendaPacket2.pdf.
FINANCIAL IMPACT: Consideration and approval will not create the need for additional funding
for the provision of County services. Costs for the required legal advertisement (Attachment 10)
were paid from FY2017 -18 Departmental funds budgeted for this purpose. Existing Planning
staff included in the Departmental staffing budget will accomplish the work required to process
this amendment.
SOCIAL JUSTICE IMPACT: There is no specific Orange County Social Justice Goal impact
associated with this item. Please note, the review and required findings of fact associated with
special use permits is detailed within State law and the UDO. A finding that a project supports
or in some way contributes to the concept of Social Justice is not a required finding, and cannot
be a basis of approval or denial.
RECOMMENDATION(S): The Administration recommends the Board:
1. Receive the application;
2. Conduct the Public Hearing and receive sworn testimony and evidence as well as the
Planning Board and staff recommendation (s) on the application;
3. Close the public hearing; and
4. Review and make a decision on the Findings of Fact and Conditions of Approval as
contained in Attachment 9.
Please note once the public hearing is closed there can be no further questions asked /answered
by the staff, the applicant, or other party and no additional evidence can be placed into the
record. If additional information is needed, the BOCC should continue the public hearing to a
date /time certain in order to hear the information in a quasi - judicial setting.
Attachment 1 - Vicinity Map Oakwood Solar Site'
n.
uacbment 1
APPLICANT INFORM ATI OBI:
Date: FA October 3; 2017
Applicant: d- otar F�m LLG
Address: 4150 St. Johns ParkM Sulu 100;0
Sanford, FL 32771
Pbarle'. fit= 3391_ 15
`ell Phone: AM 301-367-9131
E-mail: t{ t
bdan calvertenergy.corn
Agq:nl: Parker Poe Adams & Berstein, LLP Phone: 919.828.0264
Addre�4s; 301 Fayatlev111e lree1 Sidle 1404 Cell Phone: same
Ralehgh, N C 27801 ti-mall; katherInerm parkerpoe.com
Address of subject properiy: 8517 US Highway 70 Mebane, NC 27302
Parcel identification Number (PIN): 9336 - 02-9317 Lot Size;
Zoning Designation: Rural Residenlial (RI) Watershed overtily: Back Creek Protected Watershed
Mer Overlay Zoning 13istricts, . Efland- Cheeks kitty 70
Request (in lode detid led descripiiDn of proposed lend use.): Please see altached.
SUBMITTAL IN!VORMATJON Per $udon 23,3 of the Vnifletl D'trvctaapment Qrdinnnce WDO)p all
Class A Special Use Perauit appllcrations are required to fubnilt the £ollolvinpa
1) 26 coplea of a sites plan prepared by a registereal North Ctuolina land survoyor, land5c,02e Mhitco, atchltect, or
cnglnce; cuni ed ding all reT lied int"6madon dCtelledMIN Section 2.5 of tho iDD. 'gals site plan tvllt aalao nL-cd 10
c9roln all mlovsm lta'forr noun darau►nstrating iiaat lha proposed speelnl use Compliance Wilk loll general and atp,pclflo
standards govenil tag the proposed spDdal tasa as detalled wllhin Ardele(s) 5 wd 6 of the UDD.
2) A detailed narrialivo outilaing oho proposed land uaa lucludfng apes$ local requireimnte, thajocauon of faacllity.
Appen fflxa, elo.,
3) Documentation eslabllshing compll ante with Section 5.3.2Imiusive of1ho uDo.
43 The m ams end sddreLsses of the owners Involved wills lha ,project,
5) A lie of propoly owners �xlthln 540 .feet of tba eubjcat pascal slid tho name raid address of on,eh properly own4r, ata
clarrrr3lly llsled In the OMngo Coup ty tax recorels,
6) Blovalions of all structures prop oscd In his used In the davalopmeni,
7) 26 coplos of 111c tinvirtaratxtenlal As5msinanl adWorRllvlronmFntlol ltantpa0t StMeM013t ifrcgtalmd by SeellQn 6,16 of tho
V130. .
B) S901= 011t outilning the nnticlgaled &vol!eap=nt. schedule fear tho rompidon of thtr fu0ject,
*o NOTE: It should ho remembered that the revle►w of all Wtlal WRe p0rrralt aa:ppl# Hondniadificallaarts
nova carrled out in a quast-judlef al Tonuat meoidng that daIsloats rely tug to that eapprvval or denW of aria
appl Iestlon are based golely on the sveorn Wtittt04 Of all laartleu tuvelvaed with the caa% birth those for
"Rd r,galrt,st alto apg11004101t, as irsit as the arevlow of cnnitpetent materikil rand sobstaratlnl aavirfenco
submitted alurIng the pubtic henring.
Further The appllmnt has the burden of eaiatbllshingr by lbe strbmi'salran of compatent n terlal and
nubstantial evldera , t1le ex[stence of facts Gaud conditivars that demvnstratto the projects coutpl innce with
the various requixr neanIs and kendilyds detaalieal vttlidn 1110 Ujljnw I70velopnJent Ordlunnee, **
I (wry), the u11d&4 ;Ig11ad, lanwe been made swam of tho process for dtc review and action nssociated %via, s
Ciiuss A Specir<l Ust Permit application and udd0rstaatd Ilrart only completed applloations, conlaining tail
In formatiistt required by tho Change County UDO sbail bo reviewed and acted upon > y tine County,
I (we) understand 1h at It sbstl he my (oaar) rosp4nsiiriiity 10 prosent evldcltco to tho Cowgy In Ilse forrrt of
slvtrrn t0sUtnony, exhiblls, d0cumemo, models, salads, and the 1ikc support the requast for approval of t1t0
Class A Spieled Uso Penn It.
Farther I (eve) understand that any assistance I (tvc) anaay recelva from County staff In preparing this
applf cation in no wily ,gatMM&A a favombl a recotaamt�ladillion by staff on 1'he inerils of rill $ proposal Mara- dares
'Wan"' te'e rt approval of th0 r ques l by Ott Qwiity.
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7
September 18, 2017
Craig Benedict
Director, Planning & Inspections Department
Orange County, NC
131 W. Margaret Lane
Suite 201
Hillshorough, NC 27278
Dear Craig.,
Oakwood Solar Farm, LLC had discussed with staff a 6 -month extension: to the Class A Special Use Permit
issued on September 19, 2016. However, there was a conditlon in the Permit requiring a Conservation
Easement to be created for the area encumbered by the SFHA Overlay District on the site. After working
very closely with the County to create the easement, i t was m Attu a Ily ag reed that It wou Id he rnore efficient
and meet the intent to amend the condition to create an undisturbed area on the property encumbered
by the SFHA Overlay District. As a result, this change in a condition would be a modification to the Permit
under UDO Section 2.7.15 and prevent us from extending the Permit. With that said, we would like to
request a modification to the Special Use Permit to change condition 1 of the Permit to read as follows:
The applicant shall coordinate with the landowner to create an undisturbed area on the property
encumbered by the SFHA Overlay District. The applicant shall cause the landowner to submit a letter to
the Orange County Planning Department agreeing to the establishment of the undisturbed area within
180 days approval of the rnodiflcation.
if you have any questions, please feel free to contact me. I appreciate your consideration and look forward
to hearing from you.
Sincerely,
Brian Quinlan
Manager
Oakwood 'Solar Farm, LLC
brian@caiver-teriergy.com
(301) 208 -0153
E
APPLICATION FOR PN VJR[7NMEN L ASSMENT
ProJect Name Itwood soar Farm, LLC
Applicant .W*A Brian Quinlan
;��tlt �+1 anac� er
D=KN%MWXX9 Oakwood Solar Farm, LLC
Phone 407- 915,5436 ext IDB
Owner HeIanicad dace
Address 6 7 US HI hWff 70
Mebane, NC 27302
Phone 252.745.3352
Locutiort of Proporiy 6517 US Highway 70
6517 US Alqhway 70
MebaTia-NC 27302
Acreags 521, Township
Tax Map Reference PIN(e) 91535 -02-9317 arcef
9636103858 (easement)
FOR DEPARTMENT USE ONLY
Date received -- RwIle wed by
Hate acoeptadlrojected
Summary Comments;
10
I. GENERAL SITE INFORMATION
TO BE COMPLETED BY APPLICANT. tl'IiITH ASSISTANCE: FROM
PLANNING DEPARTMENT AS NEEDED
A� Zan Ing and tree of adjac ant property.
North R1 � Sot1th R1
East EC5, NC2, R1 West R1
B. Topography
1-119Etest E fsvallDn 705 +1-
Lowest ElevMatlon 675+1-
General direction of slope Norlh and South
Esllmated % of property with
0 — 6% slope _0 %
5 15% slope 100% {2 to 6 % slopes -per USDA Sails map
15 — 26% slope 0 %
more than 2611/o slope 0
(Required only for the portlon of the site assoclated with or
Impaclad by the proposed activity)
C. Drainage
Are there any streams or drainage easements located on the
property?
Is any of the site located wil>nln a:
atersupply Watershed jjadLCftk2.mLerte
Wa,tor Quality Critical Area NA
Eloodplsin
Desarlbe
V
11
D. Dries the Property contain any of the following Inventory of
Natural or Cultural Resor :rc097 (As ldentifled In the "Inventory
Of Sites of Cultural, Historical, Recreatlonal, Biological, and
(3eoiogIcal 819nlllcance In tiro Unlncotporated Portions of Grange
County" or the 'Inventory of Natural areas and Wildlife Habitats of
Grange County, Norlh Carollrin°,)
B9
o. cemeteries
K archaeological sites
C, historic sites T "
d. areas of geological signiflca,nce —T-
e. d'eslgnated natural areas x
f. designated habitat ^.�
g. other -T-
For each "yes" answer above, please Indicate file local[on on site plait and
cornplete the following, with the asslstance of the Orange County
Env] ronrnental Planner, Also complete Attachment A.
(1) Type of resource
Inventory reference no. or page
Description of ]resource --
(2) Type of resource
Inventory reference no, or gaga
Description of Resource
(,Attach additional sheets If needed)
12
TO BE COMPLETED 13Y APPLICANT
A. PROJECT DESCRIPTfON
1. DOscribe propDsed use of property:
Iimu! vent Solar Farm. see attached).
. Number of lots: 0
3. Ntimbar of slructures: 0
4. Eslfmated square footage of area to be graded for development
of attached residenlfaf unit (excluding roads, Iaut Includ(ng
parking areas) n
6. EsUrnaled square footage of area to be graded for non -
resfdenttal Use (excluding roads) 1200 sq fl.
g. Estimated area to be graded for roads +f- 85,OOD sq ft.
7. Road Type: Public NA� Private —�
Class A
Class B NA
Total road fengIh <a7,000 sq it,
#. 'Hours of operation for ccatrrrr,ercfat or Industrlal rrse:
The solar faun Is a 24X7 operatirm with minimal site visits for maintenance per year.
13
E, STATE PERMITS REQUIRED
11. Does the proJoct Involve the mining of earth products? RSA l
If so, how many cable teed of materlal are expected to be
excavated? NA
Has an applpcall ❑n for a N4lning Permit been submitted 10
NODRCD? -NA
Haase rtilach map Indicating expected extent of proposed activity.
2.. Does the proJect Involve generation or storage of hazardous or
tOx ?e wastes, as Ideritii ed by the Environmental Protectioxl
Agency? (A listing of all hazardous materials Is a;vallable from [he
Planning Department)
Describe the wastes to be generated, No ernlsslons or hazardous
3 [dslg fs generated or emaited from the farm,
How much materlal Is expected to be genorated per month?
NA
Will any material be treated onslie? NA
Volume? NA
Will any rnaterleI be store (I onside? NA �
Volurna7 NA _
Where will disposal of the rnaterlal tale place?
How wJJI materlals be tratisperted to the disposal slle?
What measures are proposed to protect water quailty and alr
quallty In case of SPANS?
NA
r�
I
j�
I I
14
WIII the project IrlVolve a land application systsm for txe+etrnor�t
of wastewater? fill
If yes, descrIhe
Has an nppftailon for a Aon- discharge parmlt been submitted to
the NC Department of Environmental Management or Orange
County Depadmentof Env] ronrnerrtal Heal tw
4. Is u so,pttc tank system proposed which as a design capacity
of more than 3000 gallons per day? NA
B.
If yes, describe
Has an application for a non - discharge permit been submitted to
the NC Uepad ment of Environmental Management or Orange
County Department of Environmental Heallh?
Coos the acthvltY Involve sttrdga dlsposal? NA
If yes, where Is the source of the sludge?
Describe where and Itiow the aludge Is being dlsposed.
NA
Has a NPOES parmlt froNn the NO Dlvislon of Environmontal
Management been Issued NA
f. Water Usage
a, Estimated no. of oMploynns x 25 gpd gpd
1>. Estimated water use for cilrrate control � � gpd
c. Process water
% dfacharged to s opt lc systenI
% discharged to surface (Including storm
sewers) (deeorlha:
% evaporated �
% re da hinedire used
"A other
TO O °I$
I
I
15
d. Water used for cooling, heating, etc., in associa #fan wiih
Production or manufacturing
% reused
% consumed
z '/a discharged
100% describe, �
gpd
Total Water Usage
e. Describe source of water
NA
16
ATTACH ENT A
TO 13E COMPLETED ONLY IF INVENTORY SITES ARE IDENTIFIED IN I.E.
(ATTACK ADITIONAL SHEETS IF NE ESSARY1
(1 Impact on Resoorce fram Proposed Developnjent
b. Proposed N1111gal[on
(2) Impact ion Resource from Proposed Development
b. PrWsotl Mfllgallon
EI
I
I ;
r
k
17
RE: Per Orange Caunt Planning & In tions Department Application for Special use Permit
Detailed description of proposed land use:
The Special Use permit request Is for a ground mount solar generating plant. Oakwood Solar
Farm, LLC Is located on US Highway Iii in Mebane, NC. The PIN to the parcel of the Solar farm
proposed Is 9835 -02- 9317. The PIN to the site access agreed upon VAth the landowner is 9835-
10 -3858. The existing soils consisted In the project area are "GeBA" Georgeville silt loam and
"GeC" GeorgewiIle silt loam, The rn ajorlty of the site is comprised of scrub /shrub vegetation.
The site was cleared for timber purposes 3 -5 years ago. The southeast portion of the site Is
used as staging for Glace Grading Company, Inc. Two Jurisdictional man-made open water
ponds with a 65 foot buffer are located on the southern and northwestern portions of the
boundary, respectively. A stream Is located on the northeast portion of the boundary with an
80 foot buffer. The site will meet and exceed the buffer regulations (depicted on the site plan).
No buildings are Located within the site boundary. FIRM panel 9835 Indtcates the projects limits
are not within a .special flood hazard area (attached). The site is located within the Back Creek
Protected Watershed {overlay District and Efland- Cheeks Hwy 70 Overlay'District (pre-
designated commercial area). Project will use no groundwater or have Impact on water table
or groundwater. Project constructlon and operation has nD Impact an wetlands. Project site
Latitude is 36° 5`27.08"N and Longitude is 79014'0.07 "W.
The proposed ground -mount solar farm will consist of fixed' solar parcels, racking arrays with
driven posts, pad mounted Inverter /and transformer areas (as depicted on the site plan) and a
chain fink fond wv barbed wire to keep safe and secure the site. Land Is not ,pawed and is left
virtually undisturbed.
A Type D Landscaping buffer will be planted where existing natural vegetation is not consistent
with the County requirements (depicted on site plans). Site access will be through PIN 9835 -
103 -558 which has been agreed with the landowner. During construction It is estimated that a
maximum of 40 workers will be on site each day with less than 100 trips In /out of the site to
occur approximately 4 months of construction until completion (attached Trip Generation
report) The site will be odorless, un- manned, produce no waste, and create a tax (case for the
County. Remote monitoring will be In place for energy productfon reasons.
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( 19) 245-2507
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Orange County NC Property Zoning Report
PIN# 9835029137
Jurisdiction
County
vestunattoans
E - Existing Commercial
The district is used only during the application of zoning to previously unzoned
townships to accon nodate existing non- residential land uses. EC -5 zoning districts
cam.ot be expanded or moved nor can adjacent property be rezoned. to EC-5 to
accommodate additional non- residential activities.
R1 - Dural Residential
The purpose of the distract is to provide locations for residential development, at low
intensities, in areas where the short and long - leer, solutions to domestic water supply
and sewage disposal shall be individual wells and ground absorption system,
Development(s) within this district may qualify for higher densities based on the land
use and availability of utilities (i.e. waiterlsewer) and established approval processes,
Inquiries should be made with the Planning office at (919) 245 -2575.
Overlay Districts
Watershed Zoning Overlay Designations Back Creek Protected
Efland- Cheeks Highway 70 Overlay District
Liland- Cheeks Highway Iii Overlay District (Pre-Designated Conimereial Area)
Special Flood Ha rd Area (100 Year FloodZone)
Additional Info
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Orange County NC Property Zoning Report
PIN# 9835103858
Jurisdiction
ECS - Existing Commercial
The district is used only during the application of Toning to previously tinzoned
townships to accommodate existing, non- residential land uses. EC-5 zoning districts
cannot be expanded or moved nor can adjacent property be rezoned to EC-5 to
accommodate additional non- residential activities.
NC2 - Neighborhood Commercial
The purpose of the district is to provide sites for limited commercial uses designed to
serve the local population with convenience goods and personal services.
RI - Rural Residential
The purpose of the district is to provide locations for residential development, at low
intensities, in areas where the short and long -term solutions to domestic water supply
and sewage disposal shall be individual wells and ground absorption system.
Development(s) within this district may qualify for higher densities based on the land
use and availability of utilities (i.c, waterisewer) and established approval processes.
inquiries should be made with the Planning office at (9 i ) 245 -2575.
Overlay Districts
Watershed Zoning Overlay Designation: Rack Creek Protected
Efland- Cheeks Highway 70 Overlay District
E17and- Cheeks 1-iigh vay 70 Overlay District (Pre - Designated !Commercial Area)
Additional Info
hilp#fserver2,w -vry ge.m.uVG15W@bSerwi tzaringlydoemallon pxipkF- SB35td3&% 112
22
ORANGE COUNTY
RE: Oakwood Sear Farm, LLC
Orange County PIN: (parcel) 9EI35 -02 -9317 (easement) 9835 -10 -3558
Address: 6517 US Highway 70 Mebatie, NC 27302
STATEW E NT OF JUSTIFJCATION IN SUPPORT 0 F-TW SPECIAL USE Ph9 M IT APPLICATION
I. Introductivn
Oakwood Solar Farm, LLC proposes to construct a solar array- pub] fc utlIILy on 35 +/- acres of land owned
by Carl and Helen Mato. The property Is locates! on US Highway 7011ear the Intersection of buckhorn
Road. Thee property Is iwrrently zoned Rur81 Residential (H). The majorlty of the properties adjacent
the site are also Htiral Residential (R1.), The easement with site access Is Tamed f:C5 (Existing
Commercla1) wlth one adjoIn.Ing parcel zoned NC2 (Nelghborhood Commercla1).
The solar array proposed meets the needs of the present generation without compromising the abllfty
of future generations In meeting their needs as required In the Grange County Cc rn p rehen s Iva Flan. The
proposed solar array fulfills the County and the State of North Carolina's goal to reduce dependence on
fosslI fuels and nuclear power and moue to a more sustainable form of generation.
in recent years, across the US we have seen solar energy becoMne competitive with fossil fuel
generation. The benefits of solar energy productlon go far beyond its price cortlpetitiveness compared
to Its fossli fuel Counterparts Including tax base, no ernl5slons, Increased electrical grid stability, local
economic impact and lour l rite nslty development,
It, Statement In Support of Applicatton
This Class A Special Use Perrntlt application for a Solar Array-PublIc Utility meets all general standards for
approval as required by Section 5.3.7 (A), those specific standards required by Section 5, 3.2 (a), and the
requirements of 5,9 (C) . This StatemPnt addresses both general and specific stariclards as requlred by
Grange County Lirdlnance.
A. Tea se w}I! rnaintaln cr r}romote thepubliG he_stt#I, Saf9tV ernd �teneral welfare. If locateri where
pro.0o.sed and devej a ed and operated arcardlne to the plan as submitted.
The proposed solar array- public utlilty will not affect the public health or safety. Access to the site will
be from US Highway 70 and formally agreed upon with the landowners. The Solar Array configuration
contains no moving parts. The electric components will have an Underwriters Laboratories listing and
the SolarArray wlll comply with the edition of the National Electrical Code adopted at the time of
constrocOn. The Solar Array will he surrounded by a wire mesh fence with three strand barbed wire an
top. The solar array wl11 not have any lighting, and no harardous substances will be utiIlzed on the site,
23
The access Is adequate for the proposed Luse and emergency services. The site will be mafntalned
periodically and through scheduled maintenance and fandscaping perforated as netessary. Parking
spaces will be avallable for niafntenance on site.
Sall er -51on and sedirmentatlnn w111 be Mltlgated prior constructlon. During construction, erosion
control measures will be taken as required in accordance with the County regulations. The solar array-
public utllfty will comply with COUnty storm water regulations. All environmental buffers will also be In
tomplfance.
D. Tile use will alataln and enhance the value o _cc�ntf u,aus_pr� ert. unless t s use Is a pub lc
e ces s1tv. I n Wh lch case the use need not I ntoin or e c the value of anti uo s pro arty.
The site for the solar array Is hidden front the neighboring residences and the roadway. The nearest
residence Is 410' from the site. rho site has significant natural trues, shrubs and other vegetation, The
ue,getetion surrounding the site will be left undisturbed to provdde a natural buffer. The solar fartn-
public utility will meet the requirements of a Type D evergreen landscape buffer Intended to obstruct
views of the solar farm and preserve the appearance of the area. The solar farm produces no harmful
etnfsslons, no noise, and requlres no llghting, An hidependent study has Keen performed by an
appraiser that Indicates that the contiguous pro,piMles wlII r'naintaIn their value wit the Insta [fat Ion of a
Solar Array. The solar faun will Increase the tax base of the County w1thout adding any burdens c
existing lrefrastructuresuch as schools, water, and /or waste systems. Furthermore, the Solar Array
Installation has recelved a Certificate of public Convenience and Necessity from the ttilorth Carvllna
Utiil tie s Corn wI'sslon on February 2, 2035.
C. The location and character pf 14a use, If developed accord[ to the igian I-OmIttud, will he In
armony with the area In which t s to P I ocated and Jbfi use is In corn fence with t t+ Plan for tha
physic-all davelooment of tha County as embodied Irs tense regplatlartis or In t e Comprehensive Plan,
or P orlon tinerso ado . d la the t#oard ca ficrunt Cannrrolsslanars,
Throughout the Orange County Lanni Use Plan references are made to the County's desire to encourage
locally- generated alternative energy resources and to prornote alternative and s�istalnable Fuels. The
Greenhouse bas Emission Inventio ry and Heductlon Action Plan Initlated by Orange County In 2006
suggested that private alternative energy produttlon be encourged In the County, The Grange County
Comprehensive Plan designates Ibis as a ]D Year Transrd'ov a'r'ea. Allowing the subject property to
develop as a solar array- pubilc utility provides an opporturilty for locally generated energy resources in
Orange County and creates Income for the property owners acrd tax base for the County,
The Installation will he 61 harmony and malntaln fhie character of the area. The majority of the
surrounding propextles are Rural Resfdentfal with the abutting property to the south Existing
commerd ail, The Solar Farm Is a low Intensity use which will, not disturb the existing wetiand areas acrd
streams end ponds on site. The Installatlon will mafntaln existing trees and shrubs on site as a natural
buffer which will be suppfernented as necessary to meet Type D buffer requirements, The Solar Array
presents no potential hazardous waste and the production of electricity Is virtually silent with any noise
from the Inverters dlssIpating to background levels at the fence line of the Solar Array. The traffic for
the use will ha Tess than that of a single famlly home,
24
D. The m$t -one# provIsian of setiv o dts nsa fa lls es so x $ke anti WaWrMdequ ,
There w[II be nob ul I d Ings or employees on the property after cc nst ruct Ion, so there Is no need For
sewage or waste disposal on slue, The Soler Array does not use any water. Any refuse generated by
Ian+dscapIng maintenance will be contrrrlled and disposed by the professional serulce providers using
approved and safe methods.
E. Wtrlica fire and esey uad Pir otact !go issuifdclent #atborsite,
The faclllty will be unmanned whit no buildings. As a result, there will be little to no demand for police,
fire., or rescue squad pratectton at this locatlon.
F. VehkyIar access #a ft3 site and traffic ccQ dltlon arolirid the ri #e a o3 oa ce t blo.
Tfad'fic con ddtlons around the site are acceptable. The proposed Solar Array -PublIc utility will generate
less trafiflc tharo one (1) single family lto,-ne after construction.
G, The proposed Class A SpcidaI use Permit Is for a Solar Array- Pub 11C NJlty subject to the
requiremants of Suctian 5.9.5 (C) (2) and (3) as follows-
(a) Al oil site utlllly� tra s ssla id s i�alM be at ed a er ray t d o the eaten ea e
placed underground.
Afffrrroed. Utility and T'ransmisslon acres shall be placed underground to the extent feersrbloa.
The el ,kit Lf.Lroroosed arrays srnti sr�o tr� d 4s e3 e0 fee
Affirmed. Helgfrt of proposed arrays and support structures rvlY be approxim ately a feet.
(t lIl L�rrayslsalar oaroels s11a11 lae clesd reed an Jacatet! Iq order t rye q rj[gc:tke glare
hmard any inhabited bulidings on ail lartnt pporaerliigs nweil as adlacent street rlihts -of -way,
Affirmed. The Solar panels are man with anti- {glare caa #large w1ptch rrrralrrolzes nary gflrrre.
The roadway Is approx1ma tely 1030 feet front then s1te and the ra varest residence Is 410 feast from Ma
site an tloese dlsfunces will prevent arty More. Forth ermere, the sour array wllr be screened by
nofraral vegetation supplemented as required to meet Type D buffers tandarA The screening will
Pre Vent any potential grarajrd to adf oxcen t propertles.
{d � A clearly i Ifs ming sign c2mming volts e t be laded at the lease o fa all dad -an o t d
Iro ns'farmers and subsjatlons,
25
Affirmed. firmed. The slorn will be clearly Marked per Coopty requirements and standards,
(e) All equipment q( priiM al solar e ste S nclud uctUre fasr batterfas
or storagg_cells, shall he cornpfetely epc[Dse _g by a mlraimunn e Igltit t81 foot fence w #h a self- !ne]ala�e
Rate, Provided w t eenln 1n accordance 1 he-provisions cf Sag ion 6.$, -
Affirmed. The site will be In enclosed pnd fn tua yi r.tlujrce a ,vJt rj this sectlon.
M The a ilea t Ita a m!t of l It Insu aatice toyerling bodlly ln[ury Arad raroperty
daanapedenlonst rating aminlmum e rag e_1fM1t0f 5(Q,tlw0Q,GQpernccrrrrencej
Affirmed. Approprlute Instijrance coverage MYbeprovided
191A TYPe D Law Use .4, fte rshaII bag 11 r—OyWed alone any p pEllop Df the Perini e te r raft the pa rcel
easement. or lonehold area locAUeV 'rd.ace t to property zoned, or otliSrwise ut[[Ized for,
resldentlal use exce t w lyere sucta —narh ho is owned leased 4r lads #s of other utility easements
Mjrrqnt I y use d for Ole Ctrlcal dis r Icythin or transn�is�!€x ur ses. �xistlr ue�etatlD11 , ay be used
Ig satisfy landsca p[ng re a reagents.
Affirmed. rmed. A Type D Land Use Buffer wlfl be used cis d0ctymeated on the site playas.
(h) Decommission Ing
The eppIIcant and owners, as approprlate, agree to that following as conditions In case that utility is
to be abandoned;
(1) The owner /operator of the facility Is requIred to notify the Orange County Plaalnlne Director
In writing 60 bays prior to than planned cessation or aibandonnien# of the facility for any
reason. This notice shall provide the axact date when the use of the facility will Cease.
Agreed,
(11) Documentation shall be provided IWlcoting that the ,public utility purchasing the power
has been made aviare of the decision. Agreed,
(iii) The fad IIty shall be removed within 12 months from the date a pp] fcant ceases use of the
iadlfty. Agreed.
KET
(iv) once the infrastructure is removed from the property, owner shall obtain the necessary
Erosion Control permits to re- stabilize the property. The time frame for completion shall be
determined by the Orange County Erosion Control Officer. Agreed.
(v) Upon removal of the facility, the Department shall cause a notice to be recorded within
the Orange County Registrar of Deeds office indicating the Class A Special Use Permit has been
revoked. Agreed
Ili. Anticipated Development Schedule for Completion of the Project
Construction is expected to begin within 4 months of receipt of the Interconnection Agreement and
associated Power Purchase Agreement from Duke Energy. Construction is expected to take around 4
months. The site is expected to be operational by the end of 2018.
27
W;
Phase I Environmental Site Assessment
for the
Oakwood Solar Farm
at the
Mace Site
6517 U.S. Highway 70
Mebane, Orange County, North Carolina
HEnv Project #201603
Prepared for:
Oakwood Solar Farm, LLC
4150 Saint Johns Parkway, Suite 1000
Sanford, Florida 32771
Prepared try:
Headwater Environmental, Inc.
512 Sweetbay Court
Wilmington, North Carolina 28405
Report Dated: March 1, 201 6
29
PHASE I ENVIRONMENTAL SITE ASSESSMENT
Oakwood Solar Farm
Mace Site
65f7U-S. Highway 70
Mebane, Orange County, North Carolina
HEnv Project #Z01G83
TABLE OF CONTENTS
Section
i
Executive Summary ................................................................. ...................... 1
U.
Professional Statement ............................................................ ........ .............
3
Ui|nbmaducUon-
..................................................................................... .............
4
1. Purpose and Scope ........... ........................................................... ...... _-4
2. General Limiting Conditions ........ ........... .. .............................................
4
K/.
Site Description ......................... . ..... .................. ......................................... 5
1. Site Location and Legal Description,... ...................................................... 5
3. Current Use tfthe Site and Vkelnitv. ......................................................... 5
3, Physiog naohvon dHvd rolgeology, ............................................................. 6
V.
User Provided Information .... ........... ....... - ..................................................... 6
ViRecords
Revkew_ ........ .. ......................... ............... - ..................................... 7
1. Standard Database Review ............................... ........................................ T
2. Addltlonal Environmental Records ........................................... ...............
12
VU,
Site Reconnaissance .....................................................................................
13
1. Methodology ............... ........................ ................. ....... .. ....................
13
3. Physical and Visual Limitations ............................... ...............................
14
3. Site Observations ...... ............................................................................
14
4. Adjoining Proper-ties ............................. . .......... ....................................
14
VUiHistorical
Revew... ......... ---- .................................................................
15
1. Sanborn Mapping ... .... ......... .... ...... ........................... -........ ........
15
2, City Directories .... ............... .-~........ ..^.,.,'........ --- --------------- ............
15
3. Aer[aJ Photography .............. --...... ............. ....................... ........ ........
15
4, Historical TopographIc Mapn-- .................. ...................... ^................
16
5. Add ition$|Histodca I RexsoWyneo.-- ......... ..............................................
16
#L
Interviews ......................................... -........................................................
16
X.
No Services ...... ........................... .......... ........................................
17
0.
Findings and Conclusion ......................... ................ . ..... ,..................... ...17
XU.
References ..... - ....... ........................ ........... . ..... ....................................
19
Appendices
Appendix/\ - FigUres
Appendix B- User Provided Information
Appendix C- Records Review
Appendix D- Site Photos
Appendix E - Historicm]Referenceo
Appendix F-Qualifications
30
HEnv Project #201603
March 1, 2016
EXECUTIVE SUMMARY
The approximate 53 -acre site is located at 6517 U.S. Highway 70 in Mebane, Grange
County, North Carolina. According to the Orange County GIS, the site is identified as
Parcel Identification Number (Pled) 9835 -02- 9137. The parcel is owned by Mr. Carl J.
Mace, A legal description of the parcel is included in feed Book 1313, Page 319_
The subject site (or site) is comprised of the entire legal parcel. The project area,
includes the limits of a proposed solar farm. The project area is, located within the
subject site. The approximate 25 -acre project area is to be defined by Oakwood Solar
Farm, t-LC, their successors, and/or assigns. Recognized environmental conditions
(RECs) were not identified within the current project area.
The majority of the site is comprised of scrub /shrub vegetation. The site was cleared for
timber purposes 3 to 5 years ago. The southeast portion of the site is used as staging
for Mace Grading Company, Inc. Two man -made ponds are located on the southern
and northwestern portions of the site, respectively. A stream is located on the northeast
portion of the site. No buildings are located within the site boundary-
The site has been used for agricultural, pastoral, and silvicultural purposes since at least
1938. A man -made pond has been located on the southern portion of the site since the
1960s- Two roan -made ponds on the northeastern and northwestern portions of the site
have been successively filled and drained on different occasions since the 19700980s_
Mace Grading Company, Inc, has utilized the southeast portion of the site as a staging
area since 201112012. HEnv was unable to determine the date of first developed use of
the subject site_ The inability to determine the date of first developed use represents a
data gap. However, based on the past use of the site for agricultural, pastoral. and
silv[cultural purposes, this data gap does not represent a recognized environmental
condition (REC) of the site,
The site is bounded on the north and east by wooded land and residential dwellings, to
the southeast by Mace Grading Company, Inc -; to the south by residential dwellings; and
to the west by residential dwellings, two ponds, wooded land, and pasture land. The
surrounding lands were historically used for agricultural purposes or otherwise wooded
and undeveloped. Residential development began to increase on the 'lands to south in
the 1950s, and on the lands to the east and west in the 1970s, Mace Grading Company,
Inc. was established on the adjoining property to the southeast in the 1970s,
We have performed a Phase i Environmental Site Assessment in conformance with the
scope and limitations of ASTM Practice E1527 -13 of the site located at 6517 U.S.
Highway 70 in Mebane, Orange County, North Carolina. Any ezc:eplions to, or deletions
from, this practice are described in Section III of this report. This assessment has
revealed no evidence of recognized environmental conditions in connection with the site,
except for the fallowing:
HEnv observed three empty ASTs. (varying between 250- gallon and 1,000-
gallons in volume), six 55- gallon drums (contents unknown), and seven empty 5-
gallon motor oil buckets on the southeast portion of the site. Petroleum stained
sail was observed around the perimeter of the ASTs, drums. and buckets_ The
area of stained soil represents a REC of the site. Presuming the area of stained
soil is outside the project area, further assessment may not be warranted.
HEnv Project #2D1603
March 1, 2D16
31
Piles of rniscelianeous solid waste were observed on the southeast portion of the
site. The solid waste piles are substantial and include asphalt, timber, gravel,
concrete /construction rubble, 12 -inch corrugated plastic piping, cardboard,
aluminum cans, plastic bottles, and other assorted trash, The miscellaneous
solid waste falls within the limits of the proposed project area. Proper removal of
the miscellaneous solid waste represents a 13PR of the site.
F
HEnv Frofcot #207603
March t, 2015
PROFESSIONAL STATEMENT
In conducting this Phase I Environmental Site Assessment (ESA), I, Carmen Paul
Pascarosa, Jr., of Headwater Environmental. Inc. (HEnv) have the specific qualifications
based can education, training, and experience to assess a property of the nature, history,
and setting of the subject site. I have developed and performed the all appropriate
Inquiries in conformance with the standards and practices set forth in 40 CFR Part 312,
Carmen Paul Pascarosa, Jr.
Headwater Envlronmentai, Inc.
President
3
March 1, 2016
32
HEnv Project #201603
~/march 1, 2016
33
Ill. INTRODUCTION
111.1. Purpose and Scope
On February 8, 2016, HEnv was authorized by Oakwood Solar Farm, LLC to conduct a
Phase I Environmental Site Assessment (ESA) for the site located at 6517 U,S. Highway
70 in Mebane, Orange County, North Carolina.
The purpose of this Phase I ESA, was to identify on -site or riff -site recognized
environmental conditions (R.ECs) that may adversely affect the subject site. The
environmental assessment was conducted in accordance with ASTM E 1527 -13 and
EPA Standards and Practices for All Appropriate Inquiries. The environmental
assessment was conducted under the supervision or responsible charge of an individual
that qualifies as an enuironmentaI professional. as def ined in 40 CFR §312.
This report is provided 'for Oakwood Solar Farm, LLC; ESA Renowab €es, LLCF their
successors, and/or assigns. This report is not intended to be used or relied upon in
connection with other projects or by other unidentified third parties. The use of this report
by any undesignated third party or parties will be at such party's sole risk and HEnv
disclaims €iabifity for any such third party use or reliance.
111.2. General t- Imiting Conditions
This report involves a site reconnaissance, review of regulatory information, any
historical summary in accordance with the ASTIV standard. In conducting this Phase i
ESA, HEnv used and assumed accuracy and completeness in Information obtained from
the North Carolina Department of Environmental Quality (NCDEQ) and/or the Orange
County government. Additionally, HEnv used information obtained from a database
search prepared by Environmental Data Resources, Inc. (IsDR).
It should be noted that a Phase I ESA does not Include subsurface exploration or
chemical screening of soil and groundwater. Therefore, no statement of scientific
certainty can be made regarding subsurface conditions that may be the result of on -site
or off site sources. The findings and conclusions of this report are based on
professional judgment regarding the data gathered during the course of this assessment.
The findings of this Phase I ESA are based on the conversations, data reviews, and field
observations noted in this report. The findings could change, based on other information
that could become available in the future. HEnv is not liable for the discovery or
elimination of hazards that may potentially cause damage, accidents, or injury.
ASTM E- 1527 -13 defines a "recognized environmental condition" (ICE) as: "the
presence or likely presence of any hazardous substances or petroleum products on a
property under conditions that indicate an existing release, a past release, or a material
threat of a release of any hazardous substances or petroleum products into structures
on the property or into the ground, groundwater, or surface water of the property. The
term includes hazardous substances or petroleum products even under conditions in
compliance with laws. The term is not intended to include de minim €s conditions that
generally do not present a threat to human health or the environment and that generally
would not be the subject of an enforcement action If Drought to the attention of
appropriate governmental agencies."
4
HEnv Project U01603
March 1, 2018
34
ASTM E 1527 -13 defines a `controlled recognized environmental condition" (CREC) as:
a recognized environmental condition resulting from a past release of hazardous
substances or petroleum products that has been addressed to the satisfaction of the
applicable regulatory authority (for example, as evidenced by the issuance of a no
further action letter or equivalent, or meeting risk -based criteria established by regulatory
authority), with hazardous substances or petroleum products allowed to remain in place
subject to the implementation of required controls_
ASTM E 9517 -13 defines a "historical recognized environmental condition" (I-IREC) as: a
past release of any hazardous substances or petroleum products that has occurred in
connection with the {property and has been addressees to the satisfaction of the
applicable regulatory authority or meeting unrestricted use criteria established by a
regulatory authority, without subjecting the property to any required controls.
ASTM E- 1527 -13 defines a "business environmental rids (BER) as "a risk which can
have a material environmental or environmentally - driven impact on the business
associated with the currant or planned use of a parcel of commercial real estate ".
ASTM E 1527 -13 defines a °data: gap" as a lade of or inability to obtain information
required by this practice despite good faith efforts by the environmental professional to
gather such information. Data daps may result from incompleteness in any of the
activities required by this practice, including, but not limited to site reconnaissance,
historical review, database review, and interviews.
,Additional limiting conditions irnpc)sed by the client. or hindrances encountered during
the site visit are explained in further detail in Section VII of this report.
IV. SITE DESCRIPTION
IVA . Site Location and Legal Description
The approximate 53 -acre site is located at 61517 U.S. Highway 70 in Mebane, North
Carolina. According to the Grange County GIS, the site is Identified as Parcel
Identification Number (PIN) 9835 -02 -9137. The parcel is owned by Mr_ Carl J. Mace. Ak
legal description of the parcel is included in Deed Boar 1313. Page 319_
An existing access road +extends north from Highway 70 to the subject site. The access
read traverses land also awned by Mr. Mace, The project area includes the limits of a
proposed solar farm. The proposed solar farm is located on than central portion of the
site, The approximate 25 -acre project area is to be defined by Oakwood Solar Farm,
LL C, their successors, or assigns.
IV.2. Current Use of the Site and Vicinity
The site is undeveloped scruWshrub land. The southeast portion of the site is used a
staging area by Mace Grading Company, Inc, The site is currently zoned R1
(residential).
R
HEnv Project #201603
March 1. 2016
35
The site is bounded on the north and east by wooded land and residential dwellings, to
[lie southeast by Mace Grading and Contracting, to the south by residential dwellings;
and to the west by residential dwellings, two ponds, wooded land, and pasture land_
The surrounding residential and commercial properties utilize septic systems for
wastewater, and OrangefAlamance Water Systems, Inc. provides potable water.
IV.3. Physiography and tdydrogeology
The subject site is located in the Piedmont physiographic region of North Carolina. The
Piedmont is characterized by irregular plains and rolling hills. Elevations generally range
from about 90 feet to 350 feet above mean sea level (M L), but rise to about 1,300 feet
at the interface with the Eastern Mountains. Numerous rivers and streams comprise a
major feature of the landscape_
HEnv reviewed the 7.5- Minute series, united Status Geological Survey (USES), Efland,
North Carolina Quadrangle (Figure 1), dated 2502. According to the topographic map,
the site is situated between 660 and 710 feet above mean sea level (MSL)e The site
slopes downgradient towards the east, north, and west. Two unnamed streams (dashed
blue lines) are mapped on the northeast portion of the site and along the western
boundary of the site, respectively. Several impoundments are mapped along the
western strearn_ The two streams flow north towards Lake Michael. The confluence of
the two streams is located approximately 450 feet north of the site. Lake Michael drains
to Lower Back Creek (via Mill Creek), which is in the Cape Fear Diver basin.
Lands to the north. east, and west are downgradlent of the site. Lands to the south are
slightly upgradient. The direction of groundwater flow generally follows surface
topography. As such, the overall direction of groundwater flow would be expected to
flow radially to the north. east, and west from the central portion of the site. The actual
groundwater flow direction cannot be determined without site - specific groundwater
information obtained through the installation of groundwater monitoring wells_
V. USER PROVIDED INFORMATION
The User Is defined by A TM as the party seeking to use Practice E1527 -13 to complete
an environmental site assessment of the site_ A user may include, without limitation, a
potential purchaser of site, a potential tenant of site, an owner of site. a lender, a.
property manager, or developer_
The completed user Questionnaire was provided by Mr. Kyle Campbell of ESA
Rene abler, LLC, on February 8, 2016 (Appendix B). Mr. Campbell indicated the
reason for completing this 'Phase I ESA is for development of a ground mount solar faun.
The following information was obtained from the User Questionnaire:
The User indicated they are not aware of activity and land use limitations
associated with the site.
• The User indicated they do not have specialized knowledge pertaining to the site
or surrounding properties.
N.
HEnv Project #201603
March 1, 2016
MET
The User did not provide commonly known or reasonably ascertainable
information.
The User Indicated the purchase price represents the fair market value.
The User indicated they area not aware of obvious indicators that point to the
presence of likely presence of contamination at the site.
iii. RECORDS REVIEW
The purpose of the records review Is to obtain and review records that will help Identify
I ECs in connection with the subject site. The ASTM standard regulatory databases and
additional databases was conducted by EDR. EDR searched databases maintained by
the Environmental Protection Agency (EPA) and the NGD EQ. The EDR database
results are included in Appendix C.
If deemed necessary, HEnv will utilize the Freedom of Information Act (FOIA), in order to
review additional information on file NCDEQ, ERA, or local municipality.
VIA. Standard Database Review
The regulatory records search Involves searching a series of databases for facilities that
are located within a specified distance from the subject site. The ASTM standard
specifies an approximate rnlnimum search distance from the subject site for each
database. The following table indicates the standard environmental record sources and
the approximate rninimum search distances for each.
Standard Environmental Record Sources
Approximate Alllnfrnum Search Distance Per
ASTM mites
1.0
Federal NPL
Federal Dellsted NPL
0 5
Federal CERCLIS
0.5
Fedwal CERCLIS NFRAP
Q.5
Foderal RCRA CORRACTS
1.0
Federal RCRA non- CORRACTS TSa
D's
Faderal RCRA Generators
Subject Site and Adjoining Pre erties
Federal I C #EC
Subject Site Only
Federal ERNS
Su ect Site Only
State and Tribal hazardovs Waste Sites
NPL Equivalent)
1 0
State and Tribal Hazardous Waste Sites
CERCLIS E ulvalent
0.5
State and Tribal Landfill and /or solid wart$
film oral sites
0.5
State and Tribal LUST
ti.5
State and Tribal Registered UST
Sub ect Site and Ad otnin Ptapartles
State and Tribal VEC
Subject Site Only
0.5 -
0.5
Mate and Tribal Voluntary Cleanup r^P Sites
State and Tribal Brownfleld Sites
While this attempt at verification is rnade with dine diligence, HEnv cannot guarantee the
accuracy of the record(s) search beyond that of information provided by [lie regulatory
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37
report(s). HEnv makes no warranty regarding the accuracy of the database report
information included within the regulatory report(s).
Distances recommended by ASTM Practice E1527 -13 were maintained for the
databases reviewed.
Federal National Priority List (NPL)
The NPL is the list of national priorities among ther known releases or threatened
releases of hazardous substances, pollutants, or contaminants throughout the United
States and its territories.
The site is not listed on the NPL. There are no properties on the NPL within one mile of
the site,
Federal Delisted NPL
The National Oil and Hazardous Substances Pollution Contingency Plan (NCCP)
establishes the criteria that the EPA uses to delete sites from the NPL. In accordance
with 40 CFR 300.425.(e), sites may be deleted from the NPL where no further response
is appropriate.
The site is not Included on the Delisted NPL. There are no properties on the Delisted
NPL within 0.5 mile of the site.
Federal Comprehensive Environmental Response, Compensation, and Liability
Information System (CERCLIS)
CERCLIS contains data on potentially hazardous waste sites that have been reported to
the EPA by states. municipalities, private companies and private persons, pursuant to
Section 103 of the Comprehensive Environmental Response, Compensation, and
Liability Act ( CERCLA). CERCLIS contains sites which are either proposed to or on the
NPL and sites which are In the screening and assessment phase for passible inclusion
on the NPL. This review includes properties on the CERCLIS No Further Action
Planned (NFRAP) database. The CERCLIS NFR,AP include sites that, to the best of
EPA's knowledge, assessment at a site has been completed and that EPA has
determined no further steps will be taken to list this site on the National Priorities List
(NPL), unless information indicates this decision was not appropriate or other
oonsiderations require a recommendation for listing at a later time-
The slue is not listed on the CERCLIS databases. There are no properties on the
CERCLIS database within 0.5 toile of the site.
Federal resource Conservation and Recovery (RCRA) Lists:
RCRA Corrective Action Report (CORRACTS)
CORRACTS identifies hazardous waste handlers with RCRA corrective action
activity-
RCRA Treatment, Storage, and Disposal (TSD)
EPA's comprehensive information system, provid`rri.g access to data supporting the
RCRA of 1976 and the Hazardous and Solid Waste Amendments (HSWA) of 1984.
The database includes selective information on sites which generate, transport,
stare. treat and/or dispose of hazardous waste as defined by the RCRA,
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Transporters are individuals or entities that move hazardous waste from the
generator offsite to a facility that can recycle, treat, store, or dispose of the waste_
TSDFs treat, stare, or dispose of the waste,
Federal 'RCRA Generators
The database includes selective information on sites which generate, transport,
stare, treat andlor dispose of hazardous waste as defined by the RCRA. Large
quantity generators (LQGs) generate over 1,000 kilograms (kg) of hazardous waste,
or over 1 kg of acutely hazardous waste per rronth. Small quantity generators
(SQGs) generate between 100 kg and 1,000 kg of hazardous waste per month.
Conditionally exempt small quantity generators (CESO s) generate less thara 100 kg
of hazardous waste, or less than 1 kg of acutely hazardous waste per month.
The site Is not listed on the RCRA CQRRACTS or TSD databases. There are no
properties on the RCRA CORRACTS or TSD databases within one mile of the site_
neither the site, nor adjoining properties, are ilsted on RCRA Generators list.
Federal and State Engineering Controls (FCC)
The EC is a listing of sites with engineering controls in place. Engineering controls
include various forms of raps, building foundations, liners, and treatment methods to
create pathway elimination for regulated substances to enter environmental media or
effect human health.
The State of North Carolina currently does not maintain an EC database,
Federal and State Institutional Controls (IC)
The IC Is a fisting of sites with institutional controls in place. Institutional controls include
administrative measures, such as groundwater use restrictions, construction restrictions,
property use restrictions, and post remedriation care requirements intended to prevent
exposure to contaminants remaining on site_ [deed restrictions are generally required as
part of the institutional controls.
The subject site is not included on the IC database.
Federal Emergency Responso Notification System (lERNIS)
ERNS records and stores Information can reported releases of oil and hazardous
substances_
The subject site is not included on the ERNS database_
State hazardous Substance Disposai Site (RSD )
The State HSDS records are locations of uncontrolled and unregulated hazardous waste
sites. The records include sites on the NPL as well as those on the state priority list.
The site is not listed on the HSID . There is one property can the HSIDS database within
one mile of the site.
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• General Electric Co,, Mebane operation, State Route 1374 -This property is
located approximately 2.200 south - southwest and downgradient of the site.
Based on the distance From the site, this HSDS Iisling does riot represent a REC
of the site.
Slate and Tribal Hazardous Waste Sites (SHWS)
Locations of uncontrolled and unregulated hazardous waste sites.
The site is not listed on the SHWS. Thee is one property on the SHWS database within
one mile of the sits:
Pak -Lila, 6568 East Washington Street - This property Is located
approximately 1,CO04eet south- southeast and slightly iupgradient of the site.
Based on the distance from the subject site, this incident does not represent a
REC of the site.
State and Tribal Landfill andlor Solid Waste Disposal Sites,
Solid Waste FacititieslLandfills ( WLILF)
:SVlFILF type records typically contain an inventory of solid waste disposal facilities
or landfills in a particular state. [depending on the state, these may be active or
inactive facilities or open dumps that failed to meet IRCRA Subtitle D Section 4004
criteria for solid waste landfills or dispos5al cites.
Old Landfill Inventory (OLI)
Old landfill inventory location information. Does not include no further action sites
and other agency lead sites).
The site is not listed as a solid waste disposal site. No properties are listed on the
SWLILF databases within 0.5 mile of the site.
State and Tribal Leaking Underground Storage Tank (LUST) database
This database contains information obtained from the nlCDEQ. It provides an
expianation of current and historic activity for individual sites. as well as what was
previously found in the Incident Management Database_ Sites in this database with
Incident Numbers are considered LUSTS.
The site is not listed on the LUST database. Four properties and three incidents are on
the LUST database are mapped with 0.5 miles of the site,
Mace Grading Company, Inc., 6517 Highway 70 - The property is located
southeast and adjoining the site. There are two incidents associated with this
facilily;
Incident 20432
Mace Grading Company, Inc. installed one 7,500 - gallon diesel UST in 1975 and
an 5,000- gallon diesel UST in 1985. The 'UST basin was located approximately
375 feet southeast and crass- gradient of the site_ According to the "LIST Closure
Report" prepared by Omega Services, Inc_ on January 1, 9999, petroleum
contaminated soil was encountered during UST removal. Free product was not
observed during removal, and the approximate depth to groundwater was
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measured to be 35 below ground surface (bgs). Approximately 15 tons of
contaminated soil were removed from the UST basin down to 10 feet bgs_ The
fuel pump was located above the USTs. and was also removed. After
excavation, laboratory analysis of the soil for petroleum hydrocarbons was below
detectable Levels (BDL), ,A groundwater sample was not deemed unwarranted.
On August 18, 1999, the NCDEQ issued a "No Further Action" letter. Based on
the distance from the subject site and lack of reported groundwater
contamination, this incident does not represent a REC of the site.
Incident 22369
Mace Grading Company, Inc. installed one 2,000-gallon diesel UST in May 1984,
The UST basin was located approximately 3501 feet southeast of the site.
According to the "Tank Closure Report" prepared by Environmark, P.A, on July 7,
1997, laboratory analysis of the soil detected diesel ravage organics at 26 parts
per million (pprn). At the time, 26 ppm of DRO was below the NCDEQ action
level of 40 ppm (Nate: The DRO action level was reduced to 10 ppm in the early
2000s).
Neither groundwater, nor free product. was detected during UST removal. In
October 2000, the NGDEQ requested additional information regarding the
product line and pump island. Foust Coil Company, Inc. confirmed the product
line and pump island was located above the UST and removed with the USTs.
On ,January 18, 2001, the NCDEQ issued a "No Further Action" letter_ Based on
Vie distance from the subject site and lack of reported groundwater
contarr7ination, this incident does not represent a REC of the site,
• Bernell Company (Cassell Company), 6600 East Washington Street - This
Incident occurred approximately 800 feet south and upgradient of the site. Upon
removal of a 1 .000- gallon gasoline UST, sail and groundwater contamination was
detected. Based on the distance from the site, this LUST does not represent a
REC of the site,
• Sams Bart, 6321 Highway 70 This incident occurred approximately 1,500 Feet
southeast and upgradient of the site. In November 2008, one 8,000 - gallon
gasoline UST, 8,000- gallon gasoline UST, and one 4,000- gallon gasoline UST
were removed. Groundwater contamination was not reported. Based on the
distance from the site, this incident does not represent a REC of the site_
LUST Trust Fund Database (LUST TRUST)
This database contains information about claims against the State: Trust Funds for
reimbursements for expenses incurred while remediating LUSTS.
The site is not listed can the LUST TRUST database_ There is one property on the LUST
TRUST database within 0,5 mile of the site:
• Cassell Company, 6600 East Washington Street - This incident occurred
approximately 800 feet south and upgradient of the site. Upon removal of a
1,000- gallon gasoline LIST, sail and groundwater contamination was detected.
Rased on the distance from the site, this LUST incident does not represent a
REC of the site,
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41
State and Tribal Underground Storage Tank (UST) database
UST's are regulated under Subtitle I of the Resource Conservation and Recovery Act
(RCRA) and must be registered with the state department .responsible for administering
the UST program, Availab €e information varies by state program.
The site is not listed on the UST database. The adjoining property to the southeast is
included can the UST database:
• Mace Grading Company, Inc., 6517 Highway 70 — In May 1984, Mace Grading
Company, Inc. installed one 2,000 - gallon diesel UST. The UST basin was
located approximately 350 feet southeast of the site. The UST was removed in
July 1997.
Mace Grading Company, lnc. Installed one 7.500- gallon diesel UST In 1975 and
an 8,000- gallon diesel UST in 1985. The UST basin was located approximately
875 feet southeast and cross - gradient of the site, The U Ts were removed in
January 1999_ These USTs are no longer located at the adjoining property to
the southeast and do not represent a REC of the site.
LAST (Leaking Above Ground Storage Tanks)
This database includes a listing of leaking aboveground storage tank locations.
The site is not listed on the LAST database. There is one property on the LAST
database mapped within 0.5 mile of the site:
• NC DMV, Interstate 40/Interstate 85 Scale Facility — This incident occurred
over one mile southeast of the site and is improperly mapped on the EDR report.
Based on the distance from the site, this Incident does not represent a REC of
the site.
State and Tribal Voluntary Cleanup (VCP) sites
Responsible Party Voluntary Action site locatlons_
Th,e site is not listen on the 'VCP database. There are no propertles on the 'VCP
database within 0.5 mile of the site.
State and Tribal Brownfield Sites
A brownfield site is an abandoned, idled, or underused property where the threat of
environmental contamination has hindered its redevelopment, All of the sites in the
inventory are working toward a brownfeld agreement for cleanup and liability con(rol.
The site is not listed on the Brownfield database, There are no properties on the
Brownfield database within 0_5 mile of the site.
V1.2. Additional Environmental Records
Incident Management Database (IMD)
A record of sail or groundwater contamination incidents.
The site is not listed on the IUD. There are four properties within one mile of the site
that are listed can the IMD:
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• Mace Grading Company, Inc., 0517 Highway 70
NC DIVIV, Interstate 401interstate 85 Scale Facility
Pak -Lice, 6:508 East Washington Street
• Bernell Company (Cassell Company), 6600 East Washington Street
Each of the properties on the IUD are included can either the, DUST, LUST TRUST,
LAST, or SHWS databases and previously discussed. used on the distance and /or
elevation relative to the site, the ,properties on the IMD do not represent a REC of the
site.
Dry Cleaners Databases
A list of former and active dry cleaning facilities are compiled on multiple data sets
provided by EDR.
The site is not listed on a dry cleaners database. There are no properties within 0.6 mile
of the site that are listed on the Dry Cleaners database.
Historical Automotive Stations
EDR has searched selected national collections of business directories and has
collected listings of potential gas station /filling stationfservice station sites that were
available to EDR researchers.
The site is not listed as a Historical Automotive Station. No properties on the Historical
Automotive Stations database are mapped within 0.5 mile of the site.
US Brownfields
The US Brownfield$ Identifies Brownfield properties inventoried with the EPA. The
properties in the lasting are addressed by Cooperative Agreement Recipients and
Targeted Brownfields Assessments,-
Neither the site, nor the properties located within one mile of the site, are identified on
the US Brownfieids database-
EDR Orphan Summary
The Orphan Summary lists Incidents that are not included can the Radius Map due to
Inadequate address information and poor geospatial data.
Neither the sate, nor the properties located within one mile of the site are identified on the
Orphan Summary-
VII. SITE RECONNAISSANCE
VIIA1 Methodology
Ur. Paul Pascarosa of HEnv conducted the site reconnaissance on February 11, 2016,
Ur. Pascarosa rnet with Mr. Carl Mace prior to conducting the reconnaissance. The
weather at the time of the site visit was sunny and in the high -30s (degrees Fahrenheit).
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HEnv Project #201603
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Mr. Pascarosa entered the site from a paved access road extending north from Highway
70, The interlor and perimeter of the site was walked and visually assessed.
Photographs taken during the site reconnaissance are provided in Appendix D-
The adjacent properties were visually observed from the limits of the subject site and
public right -of -ways,
V111.2. Physical and Visual Limitations
The site was assessed to the extent feasible and reasonable. Dense vegetation is
located throughout the site. The dense vegetation creates a visual limitation to the site
visit, Additional physical and visual limitations were not encountered during the site visit.
V11.3. Site Observations
The majority of the site is comprised of scrublshrub vegetation. The site was cleared for
timber purposes 3 to 5 years ago.. The southeast portion of the site is used as a staging
for Dace Grading Company, Inc. Two roan -made ponds are located on the southern
and northwestern portions of the site, respectively. A stream is located on the northeast
portion of the site, No buildings are located within the site boundary -
Piles of miscellaneous salld waste were observed on the southeast portion of the site.
The solid waste piles are substantial and include asphalt, timber, gravel,
concretelconstruction rubble, 12 -inch corrugated plastic piping, cardboard, aluminum
cans, plastic bottles, and other assorted trash- The miscellaneous solid waste appears
to be surficial. Proper removal of the miscellaneous solid waste represents a BBR of the
site.
HEnv observed three empty ASTs (varying between 250- gallon and 1,000- gallons in
volume), six 55 gallon drums (contents unknown), and seven empty 5- gallon mentor oil
buckets. Petroleum stained soil was observed around the perimeter of the ASTs, drums,
and buckets, The area of stained soil represents a REC of the site,
Additionally, HEnv observed an approximate 10,000 - gallon empty AST on the southern
portion of the site, north of the pond. Neither stained soil, nor evidence of a leak was
observed around the empty AST, The approximate 10,000- gallon AST does not
represent a REC of the site.
Refer to Figure 2, Appendix A, for a depiction of the site and surrounding properties,
VIIIIA. Adjoining Properties
The site is bounded on the north and east by wooded land and residential dwellings.
The residential dwellings and wooded land extend over 1,000 feet to the north and east.
The site Is bounded on the southeast by Make Grading Company. Inc, Numerous
vehicles, storage buildings, construction equipment, and miscellaneous solid waste were
observed throughout the adjoining property to the southeast. Two -- 10,004- gallon dlesel
ASTs are located approximately 500 feet south of the site. Mace Grading Company, Inc.
uses the ASTs for fueling fleet vehicles. An above grourGd fuel line and pump system
are iocated adjacent to the ASTs, Based on the distance from the subject site, the
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March 1, 2018
diesel fuel ASTs do not represent a REC of the site. Three former ASTs have been cut
in half and are utilized as a covered storage area. This covered storage area resembles
active ASTs when viewed can aerial photography. The covered storage area does not
represent a REC of the site.
The site is bounded on the south by residential dwallings, followed by Highway 70.
,Additional residential dwellings are located on the south side of Highway 70.
The site is bounded on the west by residential dwellings, two ponds, wooded land, and
pasture land. Residential dwellings and pasture land extend over 1,004 feet west.
Vill. HISTORICAL REVIEW
`V'111.1. Sanborn Mapping
The Sanborn Library includes more than 1.2 million fire insurance maps from Sanborn.
Bromley, Perris & Browne, Hopkin ,5, Barlow and others which track historical property
usage in approximately 12,000 American cities and towns. The site is located in an area
that was not mapped by the Sanborn company (Appendix E).
V111.2.. City Directories
The Orange County Public Library In Hillsborough, forth Carolina does not have city
directories available for review, HEnv reviewed the Haines and Polk City Directories at
the Chapel Hill Public Library. Directories for the years 1980 to 2016 are available for
review and include listings for Orange County. However, the directories do not include
listings for Mebane, North Carolina.
The site is located in a historically rural area with no coverage available in the city
directories. Based on the information obtained from other historical resources, the lack
of city directory data does not represent a data gap.
il1111.3. Aerial Photography
We have reviewed aerial photographs of the site and surrounding properties for
evidence of farmer usage which may constitute a potential for environmental concern.
HEnv obtained the historic aerial photographs from the Orange Counter Snail and Water
Conservation District and the NC One Pap online mapping resource. The aerial
photographs reviewed were dated 1930. 1942, 1955, 1966, 1982, 1993, 2008. and 2013
(Appendix E).
1938 and 1955 Aerial Photographs - The central portion of the site is mapped as
agricultural land. Wooded land is located on the northeastern, southern, and
northwestern portions of the site. Wooded land, agricultural land, and residential
dwellings are mapped throughout the site vicinity. Highway 70 is located approximately
450 feet south of the site.
1965 Aerial Photograph - A man -made pond is visible on the southern portion of the
site. The remainder of the site and surrounding properties appear similar to the 1955
photograph.
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1972 Aerial Photograph - Cleared land and a man -made pond are visible on the
southern portion of the site. Residential development is underway on lands east of the
site, The remainder of the site and surrounding properties appear similar to the 1966
photograph_
1982 Aerial Photograph - A man -made ponds is visible on the northeast portion of the
site. The majority of the site appears to be in a pastoral setting, mace Grading
Company, Inc. appears to occupy the adjoining property to the southeast. Increased
residential development is visible along Highway 70. The surrounding properties appear
similar to the 1972 pliatograph_
1993 Aerial Photograph - The site is Brooded. Mace Grading Company, Inc. appears
to have encompassed additional land to the southeast. Industrial buildings are visible on
lands located south of Highway 70. Surrounding properties to the north, east, and west
appear similar to the 1982 photograph,
2008 Aerial Photograph - The site is wooded. A man-made pond is visible on the
northwest portion of the site. The pond on the northeast portion of the site has been
drainer!. The pond on the southern portion of the site has been ,partially drained. The
surrounding properties appear similar to the 1993 photograph,
2013 Aerial Photograph -= The site is cleared (trees rernoved for silvicul.tural purposes).
The southeastern portion of the site appears to be utilized as a ataging area for dace
Grading Company, Inc. The ponds on the southern and northwestern portions of the site
are bank full_ The surrounding properties appear similar to the 2008 photograph_
VIIIA. Historical Topographic gaps
Topographic wraps prepared by USGS utilize asserted mapping symbols and shapes to
help determine the Iocatlon of past and present buildings and land use types (Appendix
E), Historical topographlc maps were reviewed to help ascertain the past use of the site.
A review of the site physiography is discussed in Section 1113 of this report.
U GS, Efland, North Carolina, 7.5- Minute Topographic Quadrangle, dated 1968
The central portion of the site is mapped as cleared land, Wooded land is located on the
northeastern, southern, and northwestern portions of the site. A man-made pond is
depicted on the southern portion of the site. Wooded land, agricultural land, and
residential dwellings are mapped throughout the site vicinity_ Highway 70 is located
approximately 450 feet south of the site.
VIII.5. Additional Historical Resource
AdditionaE historical records were not reviewed during the scope of this report,
Ix. INTERVIEWS
On February 26, 2016, HEnv conducted a telephone interview with Mr. Carl Mace, the
current owner of the site. Mr. Mace has over 50 years knowledge of the site and
surrounding properties. Mr. Mace acquired the property from his paternal family in the
early 1970s. Mr. Mace indicated the site was planted with soy beans during his youth,
and was 'later used as caw pasture until the 1980s. The site was used for silvicultural
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purposes from the 1980s until 2012. when it was cleared. Mr. Mace established Mace
Grading Company on the adjoining property to the south in the 1970s,
Mr. Mace (indicated he is not aware' of (1) any pending, threatened, or past litigation
relevant to hazardous substances or petroleum products in, on, or from the site; (2) any
pending, threatened or past administrative proceedings relevant to hazardous
substances or petroleum products in, on or from the site. and (3) any notices from any
governmental entity regarding any possible violation of environmental laws or possible
liability relating to hazardous substances or petroleum products.
According to Mr. Masan Sheppard with the Orange County Fire Marshall's Office, there is
no record of spill response or hazardous waste recovery at the site, r_ Sheppard was
not aware of the UST removal activity at the adjoining property to the southeast.
On February 24, 2016, HEnv contacted Moan with the Grange County department of
Environmental Health, According to ,loan, there is no record of well or septic permits
associated with the site.
On February 24, 2016, HEnv contacted OrangeJAlamance Water Systerns, Inc.
According to availabte personnel, the surrounding properties are connected to public
water services, and utilize septic systems for waste water-
X. NON - SCOPE SERVICES
HEriv was conducted a Wetland Delineation at the subject site. HEnv identified two
wetland areas and two ponds within the site boundary. It is estimated that jurisdictional
wetlands occupy 3 to 5 acres of the site. The ponds encompass approximately 5 to 8
acres. Detailed findings of that report are provided under a separate cover.
X1. FINDINGS AND CONCLUSION
The approximate 53 -acre site is located at 6517 U.S. Highway 70 in Mebane, North
Carolina_ According to the Orange County CIS, the site is identified as Parcel
Identification Number (PIN) 0835 -02 -9137. The majority of the site is comprised of
scrub/shrub vegetation. The southeast portion of the site is used as staging for Mace
Grading Company, Inc. Two roan -made ponds are located on the southern and
northwestern portions of the site, respectively. A stream is located on the northeast
portion of the site. No buildings are located within the site boundary.
We have performed a Phase I Environmental Site Assessment in conformance with the
scope and limitations of ASTPui Practice E1527 -13 of the site located at 6517 U.S.
Highway 70 in Mebane, Orange County, North Carolina. Any exceptions to, or deletions
from, this practice are described in Section III of this report. This assessment has
revealed evidence of recognized environmental conditions in connection with the site:
HEnv observed three empty ASTs (varying between 50- gallons and 1,000 -
gallons in volume), six 55- gallon drums (contents unknown), and seven empty 5-
gation motor oil buckets on the southeast portion of the site. Petroleum stained
soil was observed around the perimeter of the ASTs, drums, and buckets. The
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47
area of stained soil represents a REC of the site. Presuming the area of shined
soil is outside the project area, further assessment may not be warranted.
Piles of miscellaneous solid waste were observed on the southeast portion of (tie
site. The solid waste piles are substarntial and include asphalt, timber, gravel,
concretekon truction rubble, 12 -inch corrugated plastic piping. cardboard,
aluminium cars, plastic bottles, and other asserted trash. The miscellaneous
solid waste falls within the limits of the proposed project area. Proper removal of
the miscellaneous solid waste represents a BER of the site.
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X11. REFERENCES
ASTM Designation E 1527-13, Standard Practice for Environmental 84e Assessments., Phase I
Environmental Site Assessment Process
Enviromark, P.A., "Tank Closure Report" for Mace Grading Company, Inc., dated July 21, 1997
Environmental Data Resources, Inc-, Certified Sanborn Map Report, dated February 8, 2016
Environmental Data Resources, Inc.. The EDR Radius Map Report, dated February 26. 2016
NC One Map, http:llwvrw.ncoflemao.com, histoHc aerial photography dated 1993. 2008, and
2013
North Carolina Geological Survey, Division of Land Resources, Physiography of North Carolina,
2004
North Carolina Department of Environmental Quality (Formerly North Carolina Department of
Environment and Natural Resources), Notice of No further Action Required, Incident 20432,
Facility ID 0-020510. dated August 18, 1999
North Carolina Department of Environmental Quality (Formerly North Carolina Department of
Environment and Natural Resources), Notice of No further Action RequIred, Incident 22369,
Facility ID M25200. dated January 18, 2001
Omega Environmental Services. Inc., 'UST Closure Reporr' for Mace, Grading Company, Inc-,
dated January 18, 1999
OraRgo County GIS service, htio:lfserver2-Ct).Dratici.enc.us/OrangeNCGISIdefaullesp
accessed in February 2016 (includes parcel data, aerial photography, and tax information)
Orange County 'Planning and Inspections. -Site Assessment', email from Ms. Molly Boyle, dated
February 11, 2016
Orange County Register of Deeds, Deed Book 1313. Page 319
Orange County Soil and Water Conservatlon Service, historic aerial photography dated 1938.
1955, 1966, 1972 and 1982
Site Reconnaissance, Mr, Paul PasGarosa, Headwater Environmental, Inc.. February 11, 2016
Telephone interview, Mr. Cad Mace, current owner of the site, February 24, 2016
Telephone Interview. Ms. Joan (last name not provided). Orange County Department of
Environmental Health, February 24. 2016
User Questionnaire, Mr. Kyle Campbell, ESA Renewables, LLC, February B., 2016
USGS, Efland, North Carolina Quadrangles (7.5-minute series), dated 1968 and 2002
Voicernall, Mr. Jason Sheppard, Orange County Fire Marshall's Office, February 25, 2016
Wetland Delineation, prepared by Headwater Environmental, Inc., dated February 16. 2016
fftl�jl
we
APPENDIX A
50
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7.
LEGEND
J 0.
. M .r
Site 1 O41nC r r-.— �' f k r' ti '"t F_ sT 'x �• k J r `�,'.
A. _ ':a '�0.�' -,. � 5 ,.- r '�� r�, • t Yom:?• °��,,�4 �• , ',. � 0.'W r ,h`�. ����+�. 1r'`„ I
HEADWATER ENVIRONMENTAL, INC. Source: PHASE I ESA - FIGURE 1
512 Sweethay Court U GS LOCATION MAP
[Imin ton, North Carolina 7.5-minute Topographic Quadrangle Oakwood Bahr Farm, LLC
Efland, NC Mace Site
dated 2002 6517 U -S. Highway 70
Date-, 0211512016 Contour Interval = 10 feet Mebane, Orange County, NC
Env Project #201503
Prepared is : DFH Scale V -2000'
P Y
. - 1 1. -1 - - , - � � ..;, I - r 1t
Aoprx. Plrfect Are;-,,
At a of raise. solld asto
RES
AST
A
R 5'S
RE B
S
RES
C
LEGEND
I Site Boundary A Mace Grading and Coritfacting D Pak-Lite
m w • Access. Road B Automotive repair facility E Forma-Fab Metals
AST Two - 10.000 -gal diesel ASTs C Down Home Garden Center RE S Residential
REG Area of stained soil, empty ASTs, 5-gallon motor oil buckets, and partially full 55-gallon drums (contents unk.)
HEADWATER ENVIRONMENTAL, INC, Source: PHASE I ESA - FIGURE 2
512 Sweetbay Court SITE MAP
VW111mington, North Carolina Site Reconnaissance and ESRI i Oakwood Solar Farm, LLC
World Base Map Imagey Mace Site
Date, 02/1512016 Mebane, NC 6517 U.S. Highway 70
006� Mebane, Orange County, NC
Prepared by: DFH Scale 1'1 -500' Env Project #201603
ly INC. I
52
APPENDIX B
53
rive sJtes
Various locations tlarokighout North Carolina
FfEnv PropGsal #1E-'l03
Januvary 22, 2016
Environmental QuestlonnalrG for User
PLEASE COMPLETE ONE PER SITE
Completion required for conformance with ASTM E 1527.13, Failure to provide this
Information may preclude CERCLA liability protections for the property purchaser.
Please return answered form to HEnv.
Site Name, Oakwood Solar Farm, LLC
Lame and Title of Person Completing Questionnaire (Atease Print):
- - I�rC Ip Calnp�bell Prcrje�t Mar�a��r
Signature of Person Completing Questionnaire:
Date;
Name of Your Company and Your Contact Number (please Print):
ASTM E 1527 -13 Ind1cates that, "Either the user shall make known to tha anvlronmental
professional the reason why the user wants to have the phase 1 Environmental Site
Assessment performed or, if the user4oas not identify the purpose of the Phase I
Environmental Site Assessment, the environmental professional shall sssurne the
purpose Is to quality for anti LLP to CERCLA liability and state this In the report." As the
user of this ESA. what Is the reason for conducting the Phase I ESA? If this question Is
unanswered, HEnv wlll assume that the user's reason for the FSA Is to gLiaiify for landowner
1I;ablilly protections to CERCLA liability.
Please state reason for having ESA perfDrmed. Ground Mount Scalar Farris,
Will you piou.fde Property Title Records and a Legal Description to HEnv?
Please select ono, NO U YES ❑ �
Will you provide a 50 -year chain of title abstract to HENV7
Please selacl cane: NO q YES 11 l
(19.) Envlronmental liens that are filed or recorded against the site (40 CFR 312.26).
ASTM E 152713 status that me usar should perform a reuiew of recorded land title
records and judlcral records for environmental lions or activity and use limitations for the
slto. Please forward the results of the land iltle record and judicial record review. If you
would prefer. HEnv can obtain this Informatlan from a 1hlyd party provider for and
additional fee. Please let HEnv knpw If you would IJ ce to contract HEnv for this service.
Please select One: Client to Peovid4e HEnv to ProvIda for Addition aI Fee of $200
N.
54
fivo 51tes
Various locatiolte throughout Ndr1h Crarollpet
HEnv Proposal {498 -903
January 22, 2016
(1 b.) Activlty and land use Ilmltettons that are In place on the site or that have been
filed or recorded In a registry (40 CFR 312.26). Are you aware of any activity use
lim9tations (AULs), such as englrteering controls, land use restrlclions or Institutional
controls that are In glace at Vie site andlor have been fled or recorders In a registry
under federal, Iflba1, state or iocraI law?
PlO asa select one, NO OX YES
It yes, please explain.
(2.) Specialized knowledge - As tha user of this ESA do you have any speclalized
knowledge or oxperience related to the property or nearby propartles? I=or example, are
you involved In the same line of business as the current or former occupants of the
property or an adjoining property so that you would havo specialized knowledge of the
chemicals and processes used by this type of buslness?
Please select one: NIs1 � YES
If yes, please explain:,
(3.) Commonly known or reasonably ascertainable Information about the property (40
CPR. 312.30). Are you aware of commonly knowri or reasonably ascertainable
Informalion about the property that would help the environmental professlorral to Identify
condllfons Indicative of releases or threatened releases? For example:
(a.) Do you know the past uses of the properly?
Please aslect one: NO � YES
If yes, please state uses:
(b.) Do you know of specIlic chemicals (lieu are present or once were present at the properly"?
Please select cane: NO YES n
If yes, please explaim- —
(c.) Do you know of spills or other chemleal releases that have taken place at the property? �
Please soleot one: N€] Q YES
If yes, please explain_
(d.) Leo you know of any environmental cleanups that have taken place at the property?
Please select one; NC FX] YES
9
55
Five Situ
Vartous locations throughout North Car4:ifna
HEnv Proposal #16 -103
January 22, 2010
If yes, please explain:, — —
(4.) Relationship of the purchase price to the fair market value of the property If It
were not contaminated (40 CFR 312.29). Does the purchase prlce being paid for this
property reasonably reflect the fair market value of the property?
Please select one; NO YES O
If n0, please explain:
If yotr are aware that there Is a difference, Is the lower purchase price because contamination Is
known, or believed to be present at the property?
Please Select one: Na � YES
If yes, please explain: — —
(6.) Parcel Property owner(s), Contact Number(s), and email:
A. � Helen Mace Carl Mace Access Road
g, 6517 US H Y 70 916 Mebane Read
C. — — — — — — —
C. Mebane, NC 27342 Mebane, NC 2731
D. 252 746 3352 —
Property Manager and Occripatlt(s) III Contact Number(es)
PropEtrtyr Manager; -
GccupantlTenant; —
Qccopant)Tenant: — —
(6.) The degree of obviousness of the presence or Ilkely presence of contamination at
the property, and the ability to detect the contamination by appropriate
Investigatlon (40 CFR 312,31). As the riser of thls ESA, fused on your knowledge and
experience related to the property, are there any obvious Indlcalors that paint to the
presence or likely presence of conlamirration at the property?
Please select Ong: NO LJ YEs F1
If yea, please explain:
10
56
APPENDIX
57
Oakwood Solar
5517 U.S. Highway 70
Mebane, HC 27302
Inquiry Number: 4548564.2s
February 26, 2016
(rEDR"Environmental Data Resources Inc
6 Aumsir4ng Road, ath Now
SheAton, CT 0&1"
TO Fne, 00.352.0050
W%M.0drn0LC0M
FORMWOLL -PVC
W
TABLE OF CONTENTS
SECTION PAGE
Executive Surnmary
ESI
Overview Map - - - - -- ------------------ ------------- -
---- 2
Detail Map.. ------------ I . . .......... . . I ---------
1 3
Map Findings Stimmary ------------- ---------
------- 4
Map Findings. - - - - - - - - - - ---------- .......
. a
Orphan Summary -... - - ------------ -- ----------------
-------- 25
Government Records SearchedIData Currency Tracking- - - - - - - - - - - - - -
- - - .. - - - - - - - GR-1
GLOCHECK ADDENDUM
GeoCheck - Not Requested
Thank you for your business.
Please contact FOR at 1-800-352-0050
with any questions or comments.
DlincAalmr - Copyright and Tradarnark No(I Go
This Reporl cwtaIns cerlalfi in foTmatlon oblalned frorn a vafialy of publlsr and other soumes reasonably available to Environmental Data
Resourcas, Inc. It canni3t be concluded (rorn this Reporl that ooveragIa Infornialion, for the larijet And zititroundharomertles does no]. exist from
other sourr". NO WARRANTY EXPRESSED OR IMPUED, IS MADE WHATSOI VER IN CONNECTION WITH THIS REP T- NVIRONVIENTAL
DATA RESOURCES, INC. SPIECIVICALLY DISCLAIMS THE MAKING OF ANY SUCH WARRANTIES, PNCLU13ING WITHOUT LIMITATION,
MERCHANTABILITY (IR FITNESS FOR A PARTICULAR U$E OR PURPOSE. ALL RISK I$ A$$UMED BY THE USER, IN NO EVENT $HALL
ENWRONMENTAL DATA RESOURCES, INC. BE LIABLE TO ANYONE, WHETHER ARISING OUT OF ERRORS OR OMISSIONS, NEGLIGENCE,
ACCIDENT OR ANY OTHER CAUSE, r-0,11 ANY LOSS OF DAMAGE, INCLUDING, WITHOUT LIMITATION, 5P,5rIAI,, INCIDENTAL,
CONSEOUF NTPAL. OR EXEMFsLARY DAMAGES. ANY LtAL31LITY ON THE PART OF ENVIRONMENTAL DATA RESOURCES, INC. IS STRICTLY
LWITED TO A REFIJIND OF THE AMOUNT PAID FORTHIS REPORT. PufGhacof acwpls this Report 'AS IS'. Any analyses, erlirnates, ra6ngs,
environmental risk 19yeIG of risk codas provided In this Report are 4xovided for illustrative pufposeB only, and are not Iniandod to provide, nor
shotOdl thoy be Interpreted as providing any fads regarding, or prediction or forecast of, any enviIrnnrnLmW1 risk for any (moperty. Only a Phase I
EavIronmenlal Site Aasassment per-Formed by an environmentA pfofessiional can provide informatlan regarding the environmental risk for any
pToperly. AcIdidonally. the Ijiformalloo provided In IhIs Report is not to be =nsituad as legal advice.
Copyright 2016 by Environmenial QaIO RPSOUrCes, Inc. All rights reserved. Reproduction In any media or (Offnat, In whole
or In part, of any repeat Or map of Environmental Data Resoureag. I ric-, or its affiliales, is probibiled without prior written PeM1iS5'0rkF
r= DR and Its INos (Including Sanborn and Sanborn Map) am I radafnarks of Environmental Data Resources, Inc. Gr its affiliatea. All other
iradernarks used herein arcs the propert of their I-w-pettloo ownefs.
TC4548564.2s Page I
EXECUTIVE SUMMARY
A search of avail iblo environmental records was conducted by Environmental Data Resources, Inc (EDR),
The report was designed to assist parties seeking to meet the search requiraments of EPA's Standards
and Practiras for All Appropriate Inquiries (40 crR Fart 312), the ASTM Standard Practice for
Environmental Site Assessments (E 1527 -13) or custom requimments developed for the evaluation of
environmental risk associated with a parcel of real estate.
TARGET PROPERTY INFpl;MAT'IOM
ADDRESS
6517 U.S. HIGHWAY 70
MEBANE, NBC 27302
COORDINATES
Latitude (North):
36.0912460 - 36' 5'28.46"
Longitude (West ):
79.2326470 - 79° 13' 58.24"
universal Tranuerse Mercator:
Zone 17
UTM X (Meters):
659D97.2
UTM Y (Meters):
3995313,5
Elevation:
703 f1. above sea level
t1SGS TOPOGRAPHIC MAP ASSOCIATED WITH TARGET PROPERTY
Target Property: TP
Source: U.S_ Geological Survey
Target Property: SW
Source: U.S_ Geological Survey
AERIAL PHOTOGRAPHY IN TRIS REPORT
Portions of Photo from: 20124511, 24120531
Source: USDA
TC454K)a4.2s liXECUTIVE 13UM fARY 1
59
MAPPED SITES SUMMARY
Tartlet Pmperty,Address'
6517 U.S. HIGHWAY 70
MEBANE. NC 27302
Click on Map 10 to see full delaill.
MAP
ID
SITE NAME
ADDRESS
DATABASE ACRONYMS
Al
MACE GRADIN43 COMPANY
6517 US 70
LUST. IMD
A2
MACE GRADING COMPANY
6517 US 70
FGA LUST
Reg
GENIL ELEC CO;MEBANr=
NC I-ISDS
3
MACE GRADING
HIGHWAY 70 E
LUST. UST, IMD
R4
SERNELL COMPANY (MEL
6600 E- WASHINGTON 8
LUST. IM►, UIC
135
CASSELL CO
6600 EAST WASHINGTON
LUST TRUST
C6
PAK-LITE
008 EAST WASHINGTON
SHWS, I MD
C7
NC DMV 1-40M5 SCALE
INTERSTATE 44185
LAST, IM0
a
SAM$ MART
0321 US HIGHWAY 70
LUST
W
RELATIVE DIST (ft. & mi.)
TP
TP
salyka 707, 0.134, SSW
Higher 468, 0.089, 55E
HJghar 794. 0-150, Soulh
Higher 794, 0-150, Soulli
Higher 597. 0-189. SSE
Higher 1266, 0-240, SSE
Higher 1627, 0.269.5E
4545564-2s Page 2
EXECUTIVE SUMMARY
61
TARGET PROPERTY SEARCH RESULTS
The target proportyr was identified In the following records. For more Information on this
property see pag.a 8 of the attaCh8d EDR Radius Map reporl;
site Daiabarve(s� EPA ICJ
MACE GRADING COMPANY LUST NIA
16517 US 70 Incident Phase. Closed Out
MIEBANE, NC 2734)2 Incident Number 20432
Current Status_ File Located in Archives
IMD
FarJllty Id_ 20432
MACE GRADING COMPANY RGA LUST N/A
6517 US 70 rablity ID= 0- 42,0510
MEBANE. KC Facility ID-. 20432
SURROUNDING SITES= SEARCH RESULTS
Surrounding sites wero identified in the following dalabases-
Elevations. have bean determined from the USG S Dl9ital Elevation Model and should: be evaluated on
a relative (riot an absolute) basis. Relative elevation information between sites of close proximity
should be field verifled. Sites with an elevation equal to or higher than the target property have been
differentiated below from sites with an elevatlonn lower than the target properly,
Page numbers and map identilication numbers refer to the EDR Radius Map report where da#ailed
data on individual sites can be reviewed.
Sites listed in bold !(alks are in mulflpla databases.
Unrnappable (orphan) sites are not considered In the foregoing analysls-
STANDARO ENVIRONMENTAL RECORDS
St,9 to- and tribal - equivalent NPL
NC HS DS: A review of the NC HSOS list, as providad by EDR, and dated 0810912011 has revealed that
there is 1 NC HSQS situ within approximately 1 mile of the target property.
Equal /Higher Elevation Aiddress Direation I Distance heap iD Page
GENT ELEC CC)IMCOANE SSW 115 - 114 (0,134 ml.) 0 8
Mate- and tribal - equivalent CERCLIS
SHM A review of the 5HW5 list, as provided by ED R, and dated 11 141 2015 has revealed that Ihere is
TC4598564.2s eXeOUTIVE $01M,MARY 3
EXECUTIVE SUMMARY
W
1 SHWS site within approximately 1 mile of the target property.
Equalr'Hlgher Elevation Address Direction ! Cllstanee Map !D Page
P,+ K 6508 E,4S7` WASHINGTON SSE 1/8 - 714 . 189 nrij 00 8
Facility Id: N ONCID010022 5.4
State and tribal feaking storage tank firsts
LUST: A review of the LUST list, as provided by EDR, and dated 11 1O 21715 has revealed Ihat there are
3 LUST sites within approximately 6.5 miles of the target property.
EquallHigher Elevation Address
Direction f Distance
Map ID
rage
MA cE GRA DING k#ftaHWA V 70 E
SSE 4 - 11/8 (0.089 mi.)
3
8
Incident Phase; Closed Otil
Incident Number: 22369
Currant Status, Ffta Located in Archives
IREANELL COMPANY fMEL 6600 E, WASt INOTON S
3 118 - 114 (ti 150 mi.)
64
9
Incident Phrase; Follow Up
Incident Number. 9435
Current Status_ 1711a Located in House
SAVIS MART 6321 US HIGHWAY Iii
SE 114 - 112 (0.289 mi.)
8
10
Incident Pha", Closed Out
Incident Number. 33831
Current Status, File Located In Archives
LAST: A review of the LAST mist, as provided by EDR. and dated 11f(1612015 has revealed that there
1 LAST site within approximately O.5 rn1le3 of the target property.
Equalr#-[igher Elevation Address Direction f Distance flap ID Page
NO DMY! -4M5 SCALE INTERSTATE 40165 SSE 118 - 114 (0.240 mi.) CT 9
Clcae out; 07x 112003
Incident Number; 163152
Current Status, G
LUST TRUST: A review of the LUST TRUST list, as provided by EDR, and dated (111ti&2016 has revealed
that there is 1 LUST TRUST site within approximatsly D.5 miles of the target property.
EquaUHigher Elm ration Address Direction! Distance Map 10 Page
CASSELL CO 6600 EAST WASHINGTON 9 118 - 114 (0.150 mi_) B5 9
Faculty id; 0- 032230
Site Iii, 9435
TC4546564,23 EXECUTI'VF SUh1MAI Y 4
EXECUTIVE SUMMARY
State and tribal reglsfered storige tank lisIs
63
UST: A review of the UST list, as provided by EDR, and dated 11106120/5 has revealed that there is 1
UST site wilhiri a;pproxlrnately 0. 25 miles of tha target property.
Equal /Higher Elevation Address 01roction 1 Distance Map ID Page
MACE GRADING HfGHWAY Tat E SSL 0 * 118 (0.089 rrrd,) 3 8
Tank Stalur,; Romwad
Facility Id; 00-0-00000252W
ADDITIONAL ENVIRa5NM1EN7AL RECORDS
Records a(Emergency Release Reports
1ML_ A review of the 1MD list, as provided by EDR, and dated 0712112006 has revealed thal there are 4
IM silos within approximately 0.5 allies of the target priaperty-
EquallHIgher Elevation
Address
aDilra don 1 Iistance
Map ID
Page
MACE GRADING
H;GHWA Y TO E
SSE 0 ¢ 118 (4089 trod,)
3
8
Facility Id: 223613
EH5RNELL COMPANY (MEL
6600 E, WASJ-i NGTON S
S 118 - 114 (0;150 RA)
B4
9
Facility Id; "35
AAK -1JTE
6598 EAST WASHWGTON
SSE 118 - 114 (0.189 nrd,)
C6
9
Fadlity Id; 7255
NCDMI/1- +0185SiCALE
iNTERSTATE4W85
SSE 118- 114(0.240nrd,)
C7
9
Facility Id; 162
M4548564.2e EXECUTIVE SUMMAW S
w
65
OVERVIEW LIAR 4548564.2S
1
Q�
r
A
1
r
IV
Targot Ptoporty
A,
Sites at elewatinns higher Ihan
or eq ual to trio Target property
•
siter, of elewatihm lowor 1hom
the inrrg@T properly
A
Manuiactuue�d GEw Plants
p
C._71
National Priority Llen Sues
Dept Dal'onse, Sites
/ r
� � f
IL
Q IM T!i I MLI[G
I r
Indian Reservations BIA IH€azudous S ubstanee
Power tranur isslon Imes Disposal Sher.
Too -yaar flood Iona F d
5170 -year flood 26no
National Welland Invontcory
6—I State Wetlands
TlTis r(jpGrl Inclutde$ Wlerntlye Map Layers to
dLsppla andlor hide map ioformallon. Tho
legend Includes only l6ose icon for the
ddiaull rxlspview.
SITE NAME. Oakwood Solar CUENT. Headwater Emlronmental, Inc
ADDRESS; 6517 U.S. Hghway 70 CONTACT: Paul
Mebano NG 27302 INQUIRY#., 4►48564,2s
LAT)LONG. =91246179.232847 DATE' February 26, 2€116 7:51 am
C�mlghi o 918 Irw.a 201S TDOGM Rd MIEL
66
DETAIL MAP - 4548564:"
i
if WcudAIIi Gr
m
;W
WF
6W VAIlr CMD CARE l�
U a
1f
v
I
--ot rrdd
C7
r
K
4 .I,
IV
Target Propetly
A
Sites al cievations higher then
Indian SAceervakns 13IA
or equal to 1ha larget pmporly
4,
81106 al elevations lowar them
Disposal Sftos
ltla tatgatproperly
L.
Nlanuractured Gas Planis
#
8efttAvo Receplors
Nalianal Prlorlty Ucl ^sited
' ]
Dept. Derense Sitar
SITE NAME, Oakwood Solar CLIENT: Headwaler Emrirbnmental, Irtc
ADDRESS: 6517U.S. fthway70 CONTACT: Paul
Mebane NC 27302 1NQUInY #: 4648564,2s
LATILONC: 36,491246179.232847 DATE; February 26, 2016 7:51 aril
NpripM 0 Its IP 2fl15 Tomlom Rir. 201
1M1
I
7N 11L YII.L
Indian SAceervakns 13IA
Hazardous Strbstenis
M f
P'uwar lransmitsion lines
Disposal Sftos
10"au flood xane
5+00 -year flood Iona
National ulfodwid Inventory
State Wetlands
This reporl includas Interacltvc Mal) L{1Yem Itt
dlspla and/or hlda map 1n forma [Ion. Tne
legend Indu[les WV these hulls (or the
default map view.
SITE NAME, Oakwood Solar CLIENT: Headwaler Emrirbnmental, Irtc
ADDRESS: 6517U.S. fthway70 CONTACT: Paul
Mebane NC 27302 1NQUInY #: 4648564,2s
LATILONC: 36,491246179.232847 DATE; February 26, 2016 7:51 aril
NpripM 0 Its IP 2fl15 Tomlom Rir. 201
67
MAP FINDINGS UNaM ARY
Search
Distance Target
Caiaboaa (Miles) Property < 118 118-114 114- 112 112 - 1 1
STANDARD 1MVIRG4NMENTAL RECORDS
Federal NPL site fist
NPL 1.000
Proposed NPL 1,000
NPL LIENS TP
Federal Delisted NPL site list
Delisted NPL 1.0170
Federal CERCLIS list
FEDERAL FACILITY 0,500
CERCLIS 0,500
Federal GFR LIS NFRAP site List
CERCLIS -NFRAP 0,500
Federaf R RA CORRACTS lacllltfes Ust
CORRACTS 1.000
Federal RCRA non- CORRACTS TSD facilities list
RCRA -TS D F 0.500
Federal RCRA generators list
RCRA -LQG 0.250
RCRA -SQG 0.250
RCRA -CE CIG 0,250
Federal institutional controls I
engineering cot;vols registries
L UCIS 0.500
US ENC CONTROLS 0.500
US IN ST CONTROL 0.500
Federal ERNS fist
ERNS TIC
State- and tribal - equivalent NPL
NC HSDS 1.000
State - and tribal - equivalent CI=RCLIS
SHWS 1.000
Stag and tribal landfill anorfar
solid waste disposal site fists
SWFIL F 0.500
OLI 0.500
State anti tribal leaking storage tank lists
LUST 0_500 1
Total
0
0
4
0
NR 0
0
0
0
0
NIA 4
NR
NR
NR
NR
NIR 0
0
4
0
0
NR 0
0
0
0
NR
NR 0
0
0
4
NR
CSR 0
0
0
t]
NR
NR 0
0
0
0
NR 0
0
0
D
NR
NR 0
0
tl
NR
NR
NR 0
0
0
NR
NIA
NR 0
0
0
NR
NR
NFL 0
0
0
0
NR,
NR 0
0
0
0
NR
Nf 0
0
0
0
NR
NR 0
NR
NR
NR
NR
NR 0
Q
1
0
0
NR 1
0
1
0
0
NR 1
0
0
0
NR
NR 0
0
0
0
NR
NR 0
1
1
1
NR
NR 4
TC4548564.2s Page 4
I
MAP FINDINGS SUMMARY
Search
Distance Targel
Total
Database (Milos) Property
< 118
118-1/4
114-112
V2 - I
I
Ptotted
LAST 0,500
0
1
0
NR
NR
I
INDIAN LUST 0,500
0
0
0
NR
NR
0
LUST TRUST 0.500
0
1
0
NR
NR
I
State and WWI registered storage tank lists
FEMA UST 0.250
0
a
NR
NR
NR
0
UST 0,250
1
0
NR
NR
NR
1
AST 0.250
0
0
NR
NR
NR
0
INDIAN UST 0.250
0
0
NR
NR
NR
0
State and WWI Ins fitutional
control / engineering control registries
IN$T CONTROL 0.600
0
0
0
NR
NR
0
Slate and tribal voluntary cleaf Pup sites
IN Q IAN VCP 0.600
0
0
0
NR
NR
0
VCP 0.500
0
0
0
NH
NR
0
Ste to and Iriba; Brownfields sites
13ROWNFIELDS 0.500
0
0
0
NR
NR
0
ADI)MONAL EN V190 N M r. NTAL RECORD s
Local Brownfleld fists
US EIROWNFIELDS (1.500
0
0
0
NR
NR
0
Local Lis is of Landfill/ Solid
Waste Disposal Sites
HIST LF 0,500
0
0
0
NR
NR
0
SWRCY 0,500
0
0
0
NR
NR
0
INC) IAN OD 1 0.500
0
0
0
NR
NR
0
ODI 0.500
0
0
0
NR
NR
0
DEBRIS REGION 9 0.500
0
0
0
NR
NR
0
Local Lists of Hazardous waste/
Contaminated Sites
US HIST COL TP
NR
NR
NR
NR
NR
0
US CDL TP
NR
NR
NR
NR
NR
0
Local Land Records
LIENS 2 TP
NR
NR
NR
NR
NR
0
Records of Emergency Refease Reports
HMIRS TP
NR
NR
NR
NR
NR
0
SPILLS TP
NR
NR
NR
NR
NR
0
IMD 0.500 1
1
3
NR
NR
5
SPILLS 90 TP
NR
NR
NR
NR
NR
0
SPILLS 80 TP
NR
NR
NR
NR
NR
0
Other Ascertainabta Records
RCRA NofiGon I NLR 0.250
a
0
NR
NR
NR
0
TC4548564 25 Pap 5
we
MAP FINDINGS SUMMARY
EDR RIGH RISE{ HISTORICAL RECORDS
EDR Exctus+ve Records
EDR MGP 1 00
Search
0
0
0
NR 0
EDR HIM Auto 0125
0
NR
Distance
Targot
NR 0
EDR Hest Cleaner 0.125
TOW
Database
(Miles)
Property < 115
118-114
114-1/2
112-1
1
P'[otted
FURS
1.00D
0
0
0
4
NR
0
DOD
1.00D
0
0
0
0
NR
0
SCRD DRYCLEANERS
0.500
0
0
0
NR
NR
0
US FIN ASSUR
TP
NR
NR
NR
NR
NR
0
EPA W A7CH LIST
TP
NR
NR
NR
NR
NR
0
2020 COR ACTION
0.250
0
0
NR
NR
NR
0
TCA
TP
NR
NR
NR
NR
NR
4
TRIS
TP
NR
NR
NR
NR
NIA
0
SSTS
TP
NR
NR
NR
NR
NR
0
ROD
1.001)
0
0
0
0
NR
4
RMP
TP
NR
NR
NR
NR
NR
0
RAATS
TP
NR
NR
NR
NR
NR
0
PRIG
TP
NR
NR
NR
NR
NR
0
PADS
TP
NR
NR
NR
NR
NTT
0
[CIS
TP
NR
NR
NR
NR
NR
0
FITS
TP
NR
NR
NR
NR
NR
o
MLTS
TP
NR
NR
NR
NR
NR
0
COAL ASH DOE
TP
NR
NR
NR
NR
NR
0
COAL ASH EPA
17,500
0
0
0
NR
NR
0
PCB TRANSFORMER,
TP
NR
NR
NR
NR
NR
0
RADINFO
TP
NR
NR
NR
NR
NR
0
HIST FTTS
TP
NFL
NR
NR
NR
NR
0
DOT OPS
TP
NR
NR
NR
NIA
NR
0
CONSENT
1,000
0
0
0
0
NR
0
INDIAN RESERV
1.000
0
0
0
0
NR
0
FUSRAP
1.000
0
0
0
D
NR
0
UIITRA
0,500
0
0
0
NR
NR
0
LEAD SMELTERS
TP
NR
NR
NIA
h}R
NR
0
US AIRS
TP
NR
NR
NR
NR
NR
0
US MINES
0,.25€1
0
0
NR
NR
NR
0
FINDS
TP
NR
NR
NR
NR
NR
0
COAL ASH
0-500
0
0
0
NR
NR
0
DRYCLEANERS
0.250
0
0
NR
NR
NR
0
Financial Assuaanca
TP
NR
NR
NR
NFL
NR
0
NPIDES
TP
NR
NR
NR
NR
NR
0
U[C
TP
NR
NR
NR
NR
NR
0
FUELS PROGRA41
0.250
0
0
NR
NR
NR
0
ECHO
TP
NR
NR
NR
NR
NR
0
EDR RIGH RISE{ HISTORICAL RECORDS
EDR Exctus+ve Records
EDR MGP 1 00
0
0
0
0
NR 0
EDR HIM Auto 0125
0
NR
NR
NR
NR 0
EDR Hest Cleaner 0.125
NR
NR
NR 0
FOR RECOVERED GOVERNMENT ARCHIVES
Exchisfve Recovered Govt. Archives
RGA I -IV+S TP
NR
NR
NR
NR
NR 0
7G4548564.2s Page F)
MAP FINDINGS SUMMARY
Search
Distance qw
Database
(Miles) Properly 1/8
Ila - V4 114-112
112-1 >I
RGA LF
TP NR
NR NR
NR NR
RGA LUST
TP 1 NR
NR NR
NR NR
- U,--
3 3
a 1
0 0
NOTES:
TP Target Propmty
NR Not Requested at this Search Distance
SiWs may be listiad in more than one database
70
Total
TC45485 21i &9z
71
Map IQ MAP FINDINGS
DirecLlon
Qirlanpa E DR 11) Number
Elevation Silo Dalabasofsj EPA lDNumber
Al MACE GRADING COMPANY LUST 81(t4157237
Tergel 6517 US 70 IMID NIA
Property MEBANE, KC 27302
Cl IiA here for full text dalalls
Actual:
703 ft, LUST
Incident number: 4432
CurrOilL Status: File Lrcaled In Archly"
Cncidanl Phase: Closed Out
3 MACE GRADING LUST U0414n590
SSE HIGHWAY 74 L UST N?A
< 118 MEBANE, NC 27302 IMO
0.089 ens.
468 41.
Realallva;
Higher LUST
Incident Number: 22369
Current Status= File Located in Arctriues
Incident Phase; Closed QuL
U$T
FmIlIty Id: 00 -0- 10000025200
Tank Status: Removed
IMID
Fadilty Id: 22369
TC4548564.2s Pages 8
IMID
Fadilly Id_ 20432
A2
MACE GRADING COMPANY
RGA LUST 5115WJ115
Target
6517 US 711
NIA
Property
MEBANE. NC
�A4f� far full tail et,gt�ils
Actual:
743 ft-
RGA LUST
Fadilly lf). 0.020510
Fadilly 10: 20432
HS10S
G"L ELEC COfiMEBANE OPER
NC HSDS 5102442201
Region
WA
SSW
, kc
VS-114
707 ft-
Cllck Isere 1LIJl twA
3 MACE GRADING LUST U0414n590
SSE HIGHWAY 74 L UST N?A
< 118 MEBANE, NC 27302 IMO
0.089 ens.
468 41.
Realallva;
Higher LUST
Incident Number: 22369
Current Status= File Located in Arctriues
Incident Phase; Closed QuL
U$T
FmIlIty Id: 00 -0- 10000025200
Tank Status: Removed
IMID
Fadilty Id: 22369
TC4548564.2s Pages 8
72
Map 10 MAP FINDINGS
DirecliGn
Dl tance EVR 10 l;Iurratw
Eleuakmi Silva I7atabase(s) EPA ID Number
B4 BERNELL COMPANY (MELVILLE FURNITURE) 1 U51 S105765001
South 11600 E. WASHINGTON ST. IMD NIA
118 -1l4 MEBANE. NC 27302 UIC
11.190 ml.
784 ft.
Glick here for full text details
Ralatfve: -
Higher LUST
Incidanl Number_ 9435
Current Status; File Loratrad in House
laoldant Phase: Follrnv Up
Imu
Facility Id: 9435
u rC
Peranoit Num: W1050015U
Env lnlereit 5latus: Active
Env Interest Slatus: Prrip sed
85 CASSELLCO LUSTTRUST 5105218456
South 6600 EAST WAS HINGTC7N ST N?A
116 -114 M1EBANE. NC
4.150 mil.
79411.
"c1 hark far full text delal(ft
Relative:
lHlghot LUSTTRUST
Site ID: 9435
Eaclilty Id: 0- 6322311
C6 PA,K -LITE SHWS 1001198973
SSE 96508 EAST WASH IraGrONST' IMD WA
118-114 MEDANE, NC
0.188 m
987 ft
Ralallve:
Higher SHWS
I=acplRy W NONCD0002254
f Mil
Faacilfty rd; 7258
G7 NC DMV IAWJ315 SCALES FACILITY LAST 51049i 3535
SSE INTERSTATE 40055 IMI1 h11A
116 -1d4 CHEEKS CROSSROADS. NC
O24U Tsai.
1266f.
Rel a}tive:
Hlghar LAST
In:clde9nl NUmber 16362
Currant S19lus C
TC4548:564.2s Page 9
Map ID MAC FINDINGS
Direcli
Distance
Elevation ^Sit€i
NC DMV 1 -40185 SCALES FACILITY (ConUnurtd)
Ctasu Out: 471112003
IIVID
Fatality Id: 76362
0
SAMS MART
SE
6329 US HIGHWAY 70
114-1f2
MEBANE, NC NIA
0.209 ml.
1527 11.
Gtack� here for fu II textdlriads
Relative;
Higher
LUST
Incident Number: 336I
Currant Status: File L4caled in Archives
Incident Phsso. Ciesed Out
73
EDR ID Number
EPA ID Number
S`104913535
LUST S109567393
NJA
TG1WW4,2s Page 10
[� GOVERNMENT RECORDS SEARCHED I DATA CURRENCY TRACKING
NC
AST
AST Ddaiaw
NG
PRIOWNFIFLQS
Brmwnrrmlds Prr*cls Irrvnnlray
NC
COAL ASH
Caal.Asil 1'_wc*.al Sites
NC
ORYCLEANERS
D l4JWIhg Siles
NG
FrnanrjZd A'r-5uma 1
Fnanrcid Acwnrnrrcm Inrmmrcnhpn Lislmg
NC
Financial Miuiamv 2
fwiwAalAssormog Inforrminxl Lldling
NG
FimncLil Asswarcu 3
F-inwcid}1etwrumm Inromiallcmi
NO
1111,31 LF
Scod Wmmck Fznlily I taring
NC
HSTiS
Hazardous Subwrice DiWastf. Site
NC
W
itiddmi.IMnageruend [ iab& —o
NO
INST COONTROL
No Fkjr0wrA4tmn Slto-c Wilth Land 41sn Rmiriclims MmIlonin
NC
LAST
Lm4mkrlllkAlawcVDrrn0 Storm}, a tanks
INC
LUST
Reg BI UST Ddahasa
NC
LUST TRUST
C1alu'Triad FW4 Drioham
NC
NPOES
NP13E5 Fa illty Location Llbling
"C
OLI
Old 'Lmdif6lnvenlorp
INC
R13A HW8
Rnoo mcl Goworrirn=*Andilva -State idaznadcue Vtlltlln FoCJilim
NC
RGA LF
`IKovofrd GawrromiNtAmNimBolRd V teia Fad#lftLkli
NC
RGA LUST
Roorvewd Gw6ma N An*Om Laglkq tA- Ammpmwd bliamp Tan
INC
$ yUS
Inclivn.Irnzanfoul SRO Rmr4FFrkay
w-
SPILLS
6PHls Ir Imam L.Wk
RC
SPILLS N
SPILLS64 dnln imra F'obMLirch
PLC
SPILLS DO
SPILL$9(l claim from Frsk$r+nrth
NC
SWF.RF
1.414 of Siild Wn3M i'acllilles
NC
SWRC:Y
Regetiru) Ceolor Listing
NC
UIC
Uruicagmurd Iiii —inn WOO Llnang
NC
UST
Folrolnuro Undaagrowd S0rr0.o 'tank D(Lribivw,
NC
VCP
Ri s4reaisiblo PmL-y Vulunlary Akiion Silas
US
2021 COR ACTION
8020 Cmrnncliive Action Prngrmm L1s1
US
BRS
Blerrnlal ltoWingl System
LJS
CERCLIS
Complahenshrc EnvIrdmrwn'In1 f bapar16m, CbnVe!mallm, grid LI8i1
U'S
a 7ERCLlI}.14FRAP
CERCLI SNo further lacimdlnlAclkzPlhmnod
US
COAL ASH OOE
Shown- EloCric f Iant 0porNion Dalai
US
ODALASSH EPA
Caal Conibuslkwi RmskluusSuntam MepxwAknoM LIM
US
CONSENT
Sryradund (CCRCLA) C.00som Domom
US
CORRACT5
0armayeActlion RoparL
US
MOMS REGION 9
Tutrta kMdkwz liasertiaLOn Illagul Dump Slto Lmcallms
US
DOD
laapnnrrumrA0rpolnnsnSitar
Us
OCT' 43PS
4nodanl and Aczldonl Pala
US
(Imlislnd NPL
NBlirmal Prtolity Liss GNalialls
US
FCRO
Fnarcomunl d Cdjilinnce IiislorA Infcenralimn
US
EDR Hlml Auto
EDR Exclaslvo 1-11.91*0a 13as Sl unnc
US
EDR Ilici Clmnar
EDR Excluaivm HlstmGc Dry CJealiers
us
IEDR ra0P
F. DR Prmryrlrlluy IAarrrfaclurrd Gan Plmlm
US
EPA WATCH LIST
E PA WATCH LIST
US
ERNS
EFmtgmr" Rmipomao Mfiricadem Symlam
U9
FFDERAL FA'GILIrY
Fndonl FarMyS0Infpnma#nn usl4eg
74
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Doprwfroont MEnviconnnomlaru1,Naturi3RSewre D01472016 om3am
Duparlriwt of Enviranoianl alnrl Maluraf RBmolrt DTA14MI41 4114712416
I- inpnrlmwtn1 Envimmmnnl A Nahual Reicumrs
IMpnriniont of Enwlmr+rr•mnl d Nalural R+ 9ourras
Daparlment of Envitwi t rd & Nulmsl Resdmrcv s
C}apnrlmw of FmAvnrnnnlnP A Nalurnl Flaspurc
aoparlment of EnvYonnwM k4 NalwAl RL�salln7as
GnpnrlmErit ml LntiromoeM B Nalural Rmsuvrrm
Narth Gnrahna. C.aror for Gwgraphir Inferrmol
Dope lment of iErnlmrumm and Natural Resounc
Eleparlmml. of Enw*mrarlcM. Flaaid@ nrtif Nutvrul
0oprimnnl of CradroamrmM & N73lnral Rrvw. urcrrs
Cepauimenl. or EnvwoarneM and Nalural R@wurc
Deparimml or El"ounlenz and Nmlwal Resuulc
flnpanmml or EpwIllumm 4nt A Njitiuml RoSoijmnn
Deparimani of tra6mmarA 6 Natural Ramowaaa
Depalllnenl of EnwIlor11vW4 htMn oral Natural
Drrpanmunl of EnwImm rum L MPAlllr and Nalural
Dsparinlonl of E+1HrrmmmL Health and Natural
Deirallinnnl of Eiivki invent, Hmullh and C#tlutal
0 : ;wtnarn1 nl Fnvirarmmrt li Nahant 1xnsplrr�ns
FIrslSomcli
F'IImiSBrndt
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DopartrrLesl of Envitanlrront A Nalufal Re mirms
Dnpm* m'A td EnvlmnrFmnl and Unhrrel Flnapmc
DWalto4rnl al Envlromminl and MiLu llt laamourc
EmrinnxneMnl IRmloelion Aguncy
FPAWTIS
EPA
EPA
Dopnli.mmtof Energy
EnviroommLol Praiomlon Au3aruTy
(mpanmenI. up Jrlmtk7a, Corlselr Decaec 1.4mury
1r PA
EPA, Holton 11
USGS
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GOVERNMENT RECORDS SEARCHED I DATA CURRENCY TRACKING
SI
Aaran�vm,
Fete rdwresa _
davr,.m.�L �o-�.r�
rleu klefa
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nrl"ww I1wiw
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FEULAN0
Federal mnd11ad1aniands
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LIS
FEMA UST
Undorgrcu r! Siorwjo Tank Listing
FEMA
01JgIMID
0411912010
D4112MIO
US
FIND$.
Fedwly Index syvamn Faciliiyi{egiklrySysturli
EPA
07J2.012415
lipl®r 015
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APPENDIX D
79
Oakwood Solar Farm
Phase ! ESA
Photographs: February 17, 2016
Entrance to the site from the adjoining property to the south.
V. -- 1
Area of petroleum staining and empty A Ts on the southeast portion of the site.
:1
Oakwood Solar Farm
Phase I ESA
Photographs: February 11, 2016
Assorted 55- gallon drums (contents unknown) and empty 5-gallon motor tail buckets
on the southeast perlron of the site.
Pile of miscellaneous solid waste on the southeast poriien of Ilse site.
NE
Oakwood Solar Farm
Phase f ESA
Photographs: February 11, 2016
Facing north along Stream A on the northeast portion of the site.
Dense vegetation located throughout the central portion of the site.
Oakwood Solar Farm
Wetland Delineation
Photographs: Febtuary 11, 2016
Pend B2, located on the northwest portion of the site.
Jv.
I
Facing east along the northern~ boundary of the site.
:i
Oakwood Solar Farm
! edand Delineation
Photographs: February 11, 2016
Empty AST on the southern portion of the site, north of Fond B1.
Pond BI. located on the southern portion of the site.
Mace Site
6517 U.S. Highway 70
Mebane, NC 27302
Inquirer Number: 4533092.5
February 08, 2016
6 Arrrtstrang Road. 4th Fleur
Shol[oh, Connacticut 06484
Toll Free: l 00.352.DDSQ
wsww,adrnot.com
Certified Sanborn@ Map Re
Site Name:
Mace Site
6617 H.S. Highway 70
Mebane, NC 2.7302
EDR Inquiry # 45331 92.9
Client Name:
Headwater Environmental, Inc
512 Sweetbay Courl
Wilmington,, NC 28465
Contact: Paul Pas rosy
:.
(CEDR*
2108116
Tho Sanborn Library has been searched by EDR and maps cowering the target property location as provided by
Headwater Environmental, Inc were identified for tha years listed below. The Sanborn Library is the largest, most
complete collectlon of fire insurance maps. The collacUon Includes reaps from Sanborn, Bromley, Perris & Browne,
Hopkins. Barlow, and Gathers, Only Environmental Data Resources Inc. �EDR) is .authorized to grant rights for
commercial reproduction of maps by 1he ;Sanborn Llbrary LLG, the Gaopyrighl holder for the collerHon. Results can be
aluthenlicated 4y visiting www_edrnet.corninriborn.
The Sanborn Library is continually enhanced with newly identified map archives. This report accesses all maps in the
collection as of the day this report was generated.
Certified Sanborn Results:
Site Name* Mace SIte
Addrawss, 6517 U.S. Highway 70
City, Stater Zip: Mebane, NC 27302
Cross Street,
P.O. # 201603
Project: Oakwood Solar Farm, LLC
Certi#3cation # FOC3 -4104 -A61130
UNMAPPED PROPERTY
This report certlfies that the complete holdings
Library. LLC collectlan have been searched
supplied target prOparty Informalloln, and fire
covering the target property were not found,
&["MM9 1.11NO" lair* ra®us
Carillicellcn0F4 X41.04,MW
the Sanborn Llbrary includes more Itian 1..2 mllillon
fire Insurance maps from Sanborn, Bromley. Perris &
Browne, Hopkins, Barlow and others which track
of the Sanbom hislarlcal proptxtyr usage in approximately 12,000
balsad on dent Arnerlcen d1i Arad lawns. Collactions sewched;
insurance maps
Library of Congress
I University Publications of America
LV EDR Private Collection
Tyro Smb om Uvary LLC saeee A-W
Llmited Permission To Make Copies
(Headwater Eiiviforimental, Inc (the client) is permitted to makes up to FFVE photocopies of [his SanWm ?slap transmittal and each fire insuranbe
map aceompnnying this report sarlelly for the limited use of Its cusilomar. No Cana olhor than Ihei cllarll Is aulthori ?,W to mak€a t lj as Upon request
made directly to an EDR Account Exacwt va. Lhe ellant may be permitted is make a limited rivrnber of additions[ photocopies. This fminnISSIon Is
condilioned upon oarmptiance by the client, Its cuslomar and their agents wilh EDR's copyright policy; a rAo-py of which Is avrallable upon request,
Ulsrlaimor- Copyright znd Tradorriwk notice
Thla Roo orl mnl. Ms oartaln Informalkn obtained Iruri ;a +r rh ?ty of pobllc and (Ahar sources re afonalrty ayailah4o io l5rWlr9`rrti "sal arala Reraourc m. Inc. It cannel a(F
concluded from this Report 1ltat coverage inkirenq n Tear the target and sunuundrny trropurllus rlcm% not osaigt Born rather aeorces. NO WARRANTY EXPRESSED OR
IMPLIED, JS MADE WHATSOEVER IN WNNECTION WITH TIAS REPORT. dsNVIR0NMENTAL IDATA RESOURCES, INC. SPECIFICALLY MSCL -AI l.S THE
MAILING OF ANY SUCH WARRANTIES. INCLUDING WITHOUT LIMITATION, 14 iERCHANTABILI-1Y OR FITNESS FOR A PARTICUJ AR L)$E OR PURPOSE. ALL
MSK iS A$$q)MED BY THE USER_ IN No EVENT SHALL ENvIRONMENTAL DATA RESOURCES, INC, or. It tA8LE TO ANYONE, WHETHER ARISING OUT of
FAiROAS OR OMISSIONS, NEGLIGENCE, AGCJQI�NT OR ANY OTHER CAUSE, FOR ANY LOS$ GAF VA"GE, INCLUDING, WITHOUT LIMITATION, $PrzCIAL,
INCIDENTAL CONSEQUENTIAL, OR EXEMPLARY DAMAGES. ANY LIASILItY ON 7HE PART OF ENVIRONMENTAL DATA RES4UI;cES, iN!C. I$ STRICTLY
LIMITEfT TO .A REFUND OF THI' AMOUNT PAID FOR THIS REP(I17, Purchaaer accapts this Repw 'AS IS °. Any analyse ostlnaples, ratings, amrlronmsntal risk
larmis or risk wades provided In this Report are provided for Illuslraiiva purposes only, and are root Inlung0d to pdov4a. nor should they be interprated as ptoviding
arcy lacis regarding, or pradictlan or foracast o+d, any emironrnenlal risk for any pgopurty. Only a Phase I Enulronmeralal Site Assessment purfiarmod by an
em,tronmantal pruru sioncal ran provida Informatlan regarding the ornrmanmenlnl risk for any property. Addltlonalty, the Inlormalkm luidviadud In. this Ropr }rt Is eat 6o be
construed ns iugtal advloo,
Copyrlgiat 2016 by Environmental Data Rrasuuremc lane. AJJ rights reserved. Rcpmducl�on in tiny rri0la ix ramial, In whole m In pan, of any ropefl it rorip ed
Environmental Dola Resourcos, Iric., or lls afiiliales„ is prohibiled wilhoul prlor wr st a p)rmJgsion.
FOR and Its logr ms mr9 rding Sanborn and Sanbrim Map) ore irtademarks or Envimnmenlal Daie Rosuu7axs, Inc, or Its allilisles. Art olhei trademarks used horxam tare
the prapsrty of their respecWta owners.
45�X$2 - 5 page 2
A
1938 AERIAL PHOTOGRAPH
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mri
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orange County Soil and Water
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V
1966 AERIAL PHOTOGRAPH
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89
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Orange County Soil and Water
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Not to Seale.
image captured
with digital camera.
J.J
1972 AERIAL PHOTOGRAPH
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orange County Soil and Water
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Not to Scale.
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with digital camera.
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APPENDIX F
97
SA-,W�F,PRp ECi EXPERIENCE
* FLS Energy, LLC a suite of Environmental
Due Diligence sr:rvir;es, Marion and t
Ouincgeburcg Counties, South Cartalicia Headwater N
Lv'aki)hrlrr{_rj rmL
I hJ C
• Pilot Environmental, LLC; s4lbronl
services provided fear -- 1,000 -acre 41
Delineation, Kershaw CSavwy, South
i Dominion Power; subcon(raetor `orvice,,
provided for Welland Delineation and HA)
Aswssment alontq the proposed Atlantic
C00,%t Pipeline, Variouc Locations, North
Carolina and Wesl Virginia
. Piedmont Private Equity, LLC.; Baseline
Nmural Resources Assessmr.nt for x,75 -acre
site, Caldwell C;caunty, Nurth Carolina
. Crverlook at Middle Sound; Wotland
Dellnealiori and Permitting, New I ltinosrer
County, North Carolina
• ESA Rene,,vables, LLC; a suite of
Environmental Due Diligeiu4<rseruicasforower
2G proposed collar sites, Various locations,
North Carolina
City of Hamlet; Phase I ESA, Richmond
Caurity, North Carolina
'Gabor City Industrial Park, Situ €:49rtification,
Columbus County. North Carolina
• Scottond County Ecorinmic Develrrpment
Cauncili Weiland De- torn,inrrtion and :Species
Survuy, Scotland County, Nurlh Caroiina
Strata Solar, LLQ a suite of Lnviroiini9nt: I
Dun. DIIiegence services for 15 proposed scalar'
sites, Various Locations, North Carolina
. Volvo Bents; Phase I LSAs, extensive travel
to Numerous Lnoations in Alabama,
Wisconsin, North Dakota, Taxis, and
California..
i City of Vircg.nia Beach, Lako Trashmore 'i
Wetland Restoration and Monitoring, Virgin
Beach, V1rginia! f
* Virgillia MOdeli.rlgr Analysis, & Simulailun
Center;'w!'ite #laird Delineation and Permitting;
Sulfolk, Virginia
Carmen Paul Pascarosa
PRESIDENT
Mr. Pascarosa founded Headwater Environmental, Inc., in August
2014. He has 12 years of experience in the environmental field. His
experience includes Phase I Environmental Site Assessments (ESAs),
Coastal Surveying, Wetland Delineation and Permitting, NEPA.
document preparation, Cultural Resource Studies, and hazardous
waste recovery efforts.
EDUCATION
Bachelor of Science, Environmental Science, 2004, The University of
the North Carolina at Wilm iington, Wilmington, INC
REGISTRATIONS
40 -hats HAZWOPER Certified; NC State Wetland Delineation
7-raining, Society of Wetland Scientists; National Association of
Environmental Professionals
WETLAND AND STREAM ASSESSMENTS
Mr. Pascarosa has experience consulting with clients and performing
site specific wetland and stream studies and coordinating with
regulatory agencies. He has experience in delineating varieties of
wetland ecosystems and has experience with FederaUState
permitting requirements.
PHASE I ENVIRONMENTAL SITE ASSESSMENTS
Since 2005, Mr. Pascarosa has performed over 275 'Phase I ESAs
throughout the United States, Project types range from residential
developments, commercial properties, industrial facilities, solar sites,
and publicly owned lands,
COASTAL AREA CONSULTING
Mr. Pascarosa has experience managing projects from the site
acquisition stage, through the coastal permitting process. His range
of expertise includes marina development, maintenance dredging,
wetland restoration, beach nourishment, and coastal development -
He has worked on projects throughout the Mid- Atlantic and
Southeast regions of the United States,
g
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r -ultCI.
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FI..� ila'.I_ t •._ ...r
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M,oFi unit Hop Unit firma Aerar Pomon't
Symbol In AOI 0l ACII
EnC. Ensa k4m, 6 to 1 i 2.t A-01%
0r I ate+
GeB OMrFh4W ou kMM, � to 23.7 §31.1111A
6 Pwwnt Shp"
GFIC C Pro ti 0r1 soloam,6too- 16.1 30.3%
10 Perot naps
TFk T>MiM OR howl, B to t3 5.9 to."
prtwr!
Totals For Area of fntsrsst 5313 LOOM%
Cart
Prl Ubls Wualoo� Ado l0 9lrnppinp iF[t1
WarnInpt Sall mop msV not be valyd at this scale.
You have pwlned to bLvend the scale at which the soil map fair rids arra It rntet O to be used. M
tha design or map units end the rcval or detail ftwirh W i.he nesulUng call map are depelidmnt o6 t
EnlaJpamajA of ma t4VOn9 the scale ar mapping earl cause misundersmnUInq or teas deteli of m+
have bean shown of a more detallcd SuAlu.
FM 1 xppli OMMy 5eatemcn5 I PFrvacy paltcy t Flan- DIzcliminoUrrn 6Letem4104 I IfiorFoWdua QUOIRY t USJi.CCV 1 Wdle ttQuze
nnp- 1�dial�vsy.�c.e�w.� ��
100
HE D A'T`ER ENVIR E 'FAL. INC,
1( all starts Isere.
November 12, 2015
Mr, Kyle Campbell
Oakwood Solar Farm, LLC
4150 Saint Johns Parkway
5ulte 1000
Sanford, Florida 32771
Reference_ Jurisdictional Summary
Oakwood Solar ,Farm — Mace Site
6517 U.S. Highway 70
Mebane, Orange County, North Carolina
HEnv Project 4201603
Dear Mr. Campbull:
On February 14. 2016, Headwaler Environmental, lrtc_ (HEnv) issued a Wetland Delineallon report for the
above referencod site. During our Initial assessment, we identified two wetland areas., Iwo hands, and
two streams within the site boundary, Wetland Area A is located on the northeost portion of the situ.
Stream A flours north, through Welland Area A. towards Michael Creek,
Pond 81 is located on the southern poillon of the silo. Pond 81 continues off -rile to the west and drains
to an unnamed stroarn (Stream B), There are no peripheral wetlands .around Pond B1. There are two
roan -mado ponds located west of the site along Stream B_ Stream B enters the northwestern portion of
the sale and drains to fond 82. Welland Area B is located around the peripheral of Pond B2. It Is
estimated (hat Jurisdicilonat wetlands occupy 3 to 6 acres of the site. The ponds encompass
approximately 5 to 8 acres.
Ms. Molly Boyle with the Orange County Planning and Inspections Department issued a Site Assessment
for the Mace parcel_ According to Ms. Boyle, an 80 -foot buffer wlll be required along the Stream A, and a
65 -foot Buffer Is required ,along Ponds 81, 132. and Stream B. Additionally, information associated with
zoning requirements, building setbacks, and arosion control is Included width the Orange; County Site
Assessment,
On March 18, 2016, HEnv conducted a jurisdictional determinative} (JD) site visit with Mr_ David Balley of
the Army Corps of Engineers (USACE)- During our slte visit, an addhional wetland area was observed
and flagged in the fiaid. Wetland Area C is located south) of Pond 8, along the western boundary of The
site_ Wetland Area C is less than 1,600 square feel, Mr. Balley concurred with our findings regarding the
remainder of the site. An approved JO is expected to take four to six months. If wrettand areas are to be
avoJded during development, HEnv recommends submitting updated site plans In order to obtain a -No
Authorization Required" letter, wahkh can be obtalned in one to two months.
If impacts to wetlands or strearns occur from proposed devet ❑pment, authorization from the DVVR and
-USACE Is required. The regulatory correspondence Is enclosed for your records. HEnv appreciates the
opportunity to provide our environmental services for this project, If you have questions or need additional
infomialion, please contact us at (810) 777 -3008_
Raspectiul Iy submitted,
Headwater Environmental. Inc.
C_ Paul Pascarosa
President
Encl❑surew Orange County Planning and Inspections Site Assessment
Revised Wetland Deltnoatlon Map (FJgure 5)
612 Swaafty Court, Worth Carolina 28405 • T: 810 -777 -3008 . wywN.headw ilerctivitor,menial.corn
Site Assessment for PIN: 0935.02 -9137
Site Data
Zoning: Rural Residenlial (RI)
Acreage: 62.1 acres
Overlay Districts: Back Crook Protrcctord Watershed overlay
District
Dead. No deed referenue found. LoUal Reference: 10 -E -451.
PlatlLegal Description: WO Hwy 70 (no plat found)
101
EnWronmental Futures:
Streams located on 101. Stream buffer for slrearn to the east: 80
fl. IMothod A), Slrsarn buffer for strum to the wo!g1: 65 ft.
(Mothod A). Six water bodieis Iocaled to the w0et. Water body
buffers. 65 A. (Mathod A).
$logs: Slope of stream to the eaet: 8.8 %� SIOpe of stream to 1110
west: 6.4°x. Slopes of water hod Ius to the west: rangirlgi born
2.4% to 6.4 %,
100 and 600 year Floodp lain a.
Zoning Requiromonisr, . 9,050 F100d Elevation (13FEI based on FJRM Map: iGfi9
Consity: Max. dwelling unitsfacro or sq. ft, 1 dwelling unit per County Frteboard: 671
40,000 sq` fL Minimuni Mills had Floor Ela vatron (FFE)o 671
MIri. Lot Size: 40,000 sq. ft. Flood Patten 96353
ltiflJn. lost width: 134'
Masalrnum helght= 26' trripervlous Surface limits: 12% based ion UDU (Sec. d,2,6)-
272,357.12 sq. ft. of allow ®bI® impervious sr,r'fgco area
fiuiidlrog Salisa�clte;
-Front (and Govner lots) o A0' from pubi6c Ur pdvata rights- of•way Land Disturbance Thresholds (Proslan Cont(ol)
-Side Salbacks - 20' from side lot lines 1) Erosion Control AppllCatroillPermit roqutred If disturbing more
-Rear Yard Setback - 20' from rear lot linos than 20,000 sq. M
2) Stoorrnwater Mana901nont AgpllcationlPennit required If
i� 1� �r fly r,� 'q disturbing moire JhRn 43,560 qt ft. for (ealdOntial 6tructures or
more titan 21,760 sh• ft. for commercial atrarctu Via s•
"� 1 S1F3 �G3 ••`Call OC I7rosIon Control at 19 19) 245.2586 for azlore
1`' 1 hr'Ir7. ,�'y� ii�forn9atlarn.
(1) Private Road Justifleatlons, Recorded Declaratrons,
,- Residutive Covenants, Bone Fide Farm statue, use and bulldin8
f.,I
type {Q,g. duglOK units} y+rlll change etabdlvlslun and d0uelopiioeMt
i IC 9 r0RuIremunts, 12) 80 it. stream buffos graphically shown. (3) Flo or
i
_ r Ams Ratto (FAR) maximum for saint eniial conditional use a ti.6$.
i zw. IF, 4 FAR maximum for non -re 0Id9ntial tJSe 0 0.08$. FAR maximum iris
F f 0,100. Required ntlnirnum open
�, ..+ti'• *`�' i [►cirrProraldanlial conditional use
space ratio a 0.04. Rorquired minimum livability space ratios
0.75.
Ro ulred padealriannailidAUP0 ratlp 1.21.
Date
3ite,AssrraSin It' t Comp lelerl: 211012010 by NO$
N.
b 1 .
a u' rsr a
+ J ✓:�, a'`' c �' p ��' 2_ moo 1]
ate ,Ay
,at w ! r r.'rr'e^rr ai.'
P Ne: 983592913 _ ra r cw fn
HELEN ETAL MACIE , �+" ^rr ° *si... ate; s i - +r, 1.,
CARL JERRY NGAGf= � ".a' '�e ! , ' � "' , C:lSand lsdsrtnLuvne +flnly,
t.vllUSHIGRWAY7U v �•�- � u � tf1 E�eubc�ra��ra�e��o��i���c,s.
hiEBANE, NG 273027598 . ;,,,, �+ ! +N wwm.dnx eccLTIey Plm,.7.,a rn„P.c oft
— U SGS Stream 2' Contours (NGD QT) ".'. ,y Balls 500 Year F1100dPlalns N
— Soils Suru$y Stream a P2rC218 IOU YID Floodp(ain I l� (Effective 0210 210 7)
E atsr Body Suffw�r 51� � iZaning (Etrective 02-102J07) — Base Flood Elevation (Symbol)
?A Hood plaln Rullier 80fl I ]Water Body Floudway C3FIRM wkrh • Go [eel
/r!Strealn 8uffer80ft CiMtershed (Effective 02102W) Q rm 21A
EEEftii== ree1
102
Paul,
Yee, the rnap you aenl In your prwvious omen is consislani twllh our llndlrogs In Iho field (slreaans, ponds, and wrehands) for the Oakwood solar
proleot, Actlen ID-- SAW-2016-0053 1. 1 will process Ina JD In lhra coming Weeks, Florio lei me know if you harwo any quarAlons.
-Davo Ralroy
Dauld E BODY. PWS
Roijulatory Projact Mannar
US Army Corps of Englri€nm
GE•SAW -FIG -R
3331 Heritage Trado Driwe, Suile 105
Wake Fared, North Carolina 27687
Phone: (9111) 554- 48IR4, Ext, 34,
Fax: �I a) 562 -0421
Emell: Day]! uga tarmlE r!11
The Wilmington Dlslrtct Is coraamltlad to providing the highest lawal al support In Iho public. To harp us a arum we c=tinae to du tea, pleaso
compiale Iho Customer Satlsfraetion Srrrwoy localad at 36�
littu r+u?rp`upu U, - �rtaly,mllrcrrr 6LVX4' Q.
---- Cftfnal Massago.,...
From: Paul Pasearpsa Cr-"@hg- Rk`r� A ER! 4g37L1t8nC I.C?rctJ
Send: Wednesday, Mbmh 23, 2016 4Z8 PM
To: Ralley, David E SAW <[�ayK,� �h4 usrlccjrnMy r11n.
Sutgect: jFXTFR MALI Oakwmd JD
David,
TNo wrotland dellneallon map has boon mvIsed and allacilrad for yaur review, We are going to proceed wllh an approved JD- The foLk3wring
revisions and additions are Included with lhls email:
1. WEMand Aroa Awas adjusted to dapkl tho l'brm6r pond berm- Turns Gut Iho pond t)orrn Is onllraty w illih the parCol boundary.
2. There are rep frlage, wellands from W -917 In W412a, as thew fiogs reprosenl ilia odpa of wale r of Pond 82.
3. y%relland Arad C his traen Included,
4, Dala Point 5 it aharhed and represents rho conditions w ilhln Welland A1oa C. (triwr, Wtpwe leuaodermis and rubs Ooghanlensls and two
b.pektmo-y spedes known le persist IhrOmugh the winter, R. Iauca Is a waesbarn soeeiee, so, I went wish R. alleg. Ila FACU and is growing
1hroughoui lhs upland porlion of the silo,)
5. The header nole has been revised accordingly.
'G. The logond has boon n0jualwij accoadingly,
Sfr]oe The JO will taakta a whilst. Can you provide an anlail roply MOUng iha ma l) Is ouno slenl with our findings In ilia fiald7 Ihpnks
C. Pull Pa3sorosa
PrOsldent
Headwater Envirpnmenier, Inc,
512 Sveeeeibwy+ Court, 4Yilmington, North Carollnea 2845
filL!E ne1e1e�LY Iq ldw,7totrlvirti-13 rnan110.r;oln
9101.777.3909
103
This is not a survey. All locations depicted on this figure are approxlrnate. The Wetland Delineation was conducled by
Headwaiter Environmental, lne. (HEnv) on February 11, 2016. This WOland Dellne�flon was verirred in the field by Mr. t)avJd
Salley with the U,S. Army Corps of Eng- ineers (USACE) on March 18, 2016. HEnv utiilzed (lie Tdmble Outdoors mobile
appllCatlun N6.0,0) to locale and map tha weUand boundary.
LEGENR (all tacatioas are approximate)
. Site Boundary
w m ■ Access Road
- Stream
0 JUrlsdlclional Open Water Pored
66 font buffer
80 fact buffer
1 Jurlsdlct[ana[ Wetland
aR; '• FEMA FJoodplain
o VVAl Wetland Flaggfrtg
DP [data point
off-site pond
off s[Ie sl
According to the Section 6.13 of the [}range County
U13117red Development Ordinance, buffer regulations
apply to applicable water features depicted on USGS
mapping arrdlcr the printed soil survey-
HEADWATER ENVIRONMENTAL, INC. Source:
512 S weetbay Court
W11mington,, North Carolina ESRI
World Base Map [magery
Date: 0211312015LL Mebane,NC
Rev, {}3121I2045 r
Prepared by; pFR Scale 1" 400'
1?0
FIGURE a
WETLAND REONEATION
Oakwood Solar Farm, LLC
'Mace Site
6517 U.S, HJghway 70
Mebane, Orange County, NC
Env Project 4201603
Kirkland
Appraisals, LLC
February 12, 2016
Ms. Jessica Ualloza
ESA renew abler, LLB:
4150 St.Johns Parkway, Suite 1040
Sanford, F32771
RE: Oakwood Solar Impact Study
Dear Ms. Galloza.,
pzichai54 C. Kirlr and, Jr„ MAT
94[}g Northfield Court
Raleigb, North Carolina 27603
Phone [91L)1414 -8142
104
At your request. I have considered the likely impact of solar farms proposed to be constructed on 53.74
acres of land located at 5517 CIS Highway 70, in Mebane, North Carolina. Specifically, I have been asked to
give my professional opri -don on whether the proposed solar farm will 'maintain or enhance adjoining or
contiguous property values" and whether "the location and character of the use, if developed according to
the plan as submitted and approved, will be in harmony with the area in which it is to be located.'
To farm an opinion on these issues, l have researched and visited existing and proposed solar farms it,
North Edina, researched articles through the Rppnaisal Institute and other studies, and discussed the
likely impact with other teal estate professionals, l have not been asked to assign any value to any specilac
property.
This letter is a lirrlited report of a real property appraisal consulting assigrtrtterit and subject to the limiting
conditions atta td to this letter. My client is ESA Renewables, I..lC, represented to me by Ms. Jessica
aliuza,. My findings ai pport the Conditional/ Special Use Permit application. The eflective date of this
consultation is February 12, 2015.
Proposed Use Description
The proposed solar farm will be constructed an 53.74 acres of land located at 6517 US Highway 70, in
Mebane, North Carolina.
Adjoh- ng land is primarily residential low density and agricultural uses, which is common for solar farms
as detailed later in this report. The solar farm will consist of fixed SOW panels that will generate no noise,
no odor, and less traffic than a residential subdivision. The parcels will he less than 15 fret in height and
located behind a chain link fence.
I have considered adjoining uses and included a map to identify each parcel's location. The breakdown of
those rises by acreage and number of parcels is summarized below.
Adjoining Use Breakdown
AcreW
Parcels
Residential
71.98 °!o
96.'77/9
Agricultural
28.02%
3.2TYP
Total
100.00%
100.00%
4r h
AV
r
+'k I e ,
105
FJ'
WT
Surrounding Uses
°lbUd 1,67.970 100.00% 100.00% 931
GIs Datik
% Adjoining
% Adjoining
Distance in Peet:
#
MAP ED
Owusr
Acres
Present Use
hoses
parcels
Boma to Panals
1
9825948348
Curtis
52.66
Agricultural
2B. 02%
3.23%
N/A
2
98351 7821
Beaver HOA
6.30
Residential
3.35%
3.2wo
N/A
3
9835130411
Curtis
2.71
Residential
1.44%
3,23%
N/A
4
9835131231
Ivey
1.02
Residential
0.64%
31.23%
460
5
9835132079
Ivey
0,59
Residential
0.31%
3.23%
N/A
6
9935134€109
Ivey
0.48
Residential
0.26%
3,23°.
590
7
9835135019
Ivey
0.47
Residential
0.25%
3.23%
N/A
8
9835136180
James
0.82
Residential
0,44%
3,23%
790
9
9835129€381
Rhodes
12.33
Residential
6.56%
3,23%
734
10
9835220129
Gilmore
2,29
Residential
1.22%
3.23%
645
11
9835210959
Morgan
2.40
ReBidential
1.28%
3.23%
835
12
9835210665
Lawson
2.50
Residential
1.33%
3.23%
13
98.35210575
Poster
2,61
Residential
1.39%
3.23%
855
14
98352lD672
Douglas
1,66
Residential
1.42%
3,23%
920
15
W3521DS82
Riley
2,84
Residential
1.51%
3.23%
1010
16
9M210367
Corderox
2,49
Residential
1,32%
3.23%
1020
17
9835212233
Seifts
3,16
Residential
1.66%
31.23%
1.090
18
9835105787
Mace
2,20
Residential
1.17%
123%
NIA
19
9835103658
Mace
5.17
Residential
2.75%
3,27%
715
20
9835101614
Hobbey
1.31
residential
#x.70%
3.235E
970
21
9833OD9723
Murdock
1.34
Residential
0,71%
3.23%
930
22
9835007790
Home
0.92
Residentid
0.446
3,23%
950
23
9MSOD7703
Mace
0.89
Residential
0,47%
3.23"fa
N/A
24
9835006716
Ellis
0.90
Residential
049%
3.23%
1030
25
9635016318
Mace
4.81
Residt-ritiai
2.56%
3.23%
N/A
26
98:35013165
Nnlera
5.81
ResidCntial
3.09%
3.23%
710
27
9835011302
Herbert
6.35
Residential
3,38°%
3.23DA
1250
28
9€325918536
Southard
14,82
Residential
7.88%
3.23%
€305
29
982592+41591
Adams
12.84
Residential
5,83%
3.23%
1950
30
98259:6712
Hoover
19.05
Residential
10.1.3%
3.23%
1165
31
9825937298
Tsiapers
13.23
Residential
7.04%
3.23%
1200
°lbUd 1,67.970 100.00% 100.00% 931
107
I. Overview of Solar Farms Development in North Carolina
4
Across the nation the number of solar installations has dmmaticelly increased over the last few years as
changes its technology and the economy made these solar Carms more feasible. The charts below show how
this market has grown and is expected to continue to grow from 2010 to 2017, the drop off in 2017 is
expected due to the expiration of tax credits for solar installations. The U.S. Sour Market lnrdght Reports
for 2010 and 2011 Which is put out by the Solar Energy lnduatries Association note that. 2010 was a
"breakout° year for solar energy. The continued boom of solar power is shown in the steady growth. Forth
Carolina was ranked as having the second mast active photovoltaic installed capacity in 2014.
61M
U.S. Solar Industry Fomcast
1200
� tlx
joilr M11 JOU tell 1014 MIA MIM Neill
aANn 0lA
2014 Solar PV Installed capacity
RWh Carollm W MW
Neva" inmw
MISMOUstils I MW
Anions - 247 MW
NgWWMY 166106Y
NI<W" 34TMW
T*10 lames
NaWa11 107 MW-
Pawk E&* aMW
ORssideWsh Hon -iaall ffrFWNl OW11 y
CllrnulatIve Solar Electrii Capaclty
cauton1r.
A1�xw
1bEW IEFJI'� '�
North�uUdna
WOO �
hirla�eMUauy '�
H4w�l �
CaloridCl
emamm &1AA1EZ4rb14
NeaY04 if
T41p# I
0 2W um i!AO 10M
WffitM&d #:1 WftV Ih1W J
Onsup- Or! Elk:- -
As shown in the ebaTts above, North, Carolina ranked second in installed solar energy in 2014. North
Carolinas ranked fifth in cumulative installed solar energy in the United States.
W.*
11. Market Analwis of the Impact on Value from Solar Farm
5
I have researched a numiier of solar farims in North Carolina to determine the impact of these facilities on
the value of adjoining property. I have provided a breakdown of the sdjoixting uses to show what acUoining
uses are typical for solar farms and what uses would likely be considered consistent with a solar farm 'use.
This breakdown is included in the Harmony of Use section of this report,
I also conducted a series of matched. pair analyses, A matched pair analysis considers two similar
properties with only one difference of note to determine whether or not that difference has any impact on
value. Within the appraisal profession, matched pair analysis is a well-recognized method of measuring
impact on value. In this case, I have considered residential properties adjoining a solar farm versus similar
residential properties that do not adjoin a solar farm. 1 have also considered matched pates of vacant
residential and agricultural land.
As outlined in the discussion of each matched pair, I concluded from the data and my analysis that there
has been no impact on sale price for residential, agricultural, or vacant residential land that adjoins the
eadsting solar harms included in my study..
1. Matclhgd Par- AM Best Solar Fate, Goldsboro, N
This solar farm adjoins Sprixrg Garden Subdivision
which had new homes and lots available for new
construction during the approval and construction
of the solar fanrn. The recent home sales have
ranged from $200,000 to $250,O W. This
subdivision sold out the last homes in late 2014.
The solar farm is clearly visible particularly along,
the north end of this strut where there is only a
thin line of trees separating the solar farm from the
single -k nily homes.
Homes backing up to the solar faun are selling at
the same price for the same floor plans as the homes
that do not back ups to the solar farm in this
subdivision. Acoording to the builder, the solar
farms has been a complete non- factor. Not only do
the sales show no difference in the price paid for the
various horses adjoining the solar farm versus not
adjoining the solar farm, but there am actually
more recent sales along the solar farm than not.
There is no impact on the sellout rate, or time to
sell for the homes adjoining the solar farm.
I spoke with a number of owners who adjoin the
solar farm and none of them expressed any concern
over the solar farm impacting their ,property value.
109
6
The data presented on the following page shows
multiple homes that have sold in 2013 and 2014 adjok ing the solar farms at prices similar to those not
along the solar farm. These series of sales indicate that the solar farm has no irnWt on the adjoining
residential use.
The homes that were marketed at Spring Garden are shown below.
5qk 3,449 Pere. $ SIM
MOK Bed IUh
!413
ArnrrriCOM
5rlulxktyt-
SgFt:3.194
rgtee: SU7.9W
M
Sgrt 3.Z4.J r'ttce tM44.900
Sed J Both
W I ERth
313.5
4133
N4rridsn Ii*1
S1FI 3006
MwA.S247, 4
M
KItnF tdy
Sqft 3,iV4 Fn« 5249.W
rg
6ed1Bath
Bctl Bach
5135
513
5qk 3,449 Pere. $ SIM
MOK Bed IUh
!413
110
AM s4�st Solar Farm, Goldsboro, N
Match ®d Pairs
As of Date: 91312.0m
Adjoining Sales After Solar Form Completed
TAX ID
Owner
Acres
Date Sold
Sales Prig
Built
ORA
S,f4SA 8tyla
3600195,570
Helm
u -76
13 p-- 1 3
$250,000
2013
3,292
$75,94 2 Story
360019.5361
Leak
1.49
Sep-13
$260.000
2013
3.652
$`11.19 2 Story
9600199891
McBrayrr
2.24
Jul -14
$2-vD.DW
2014
3,292
$75.94 2 Story
361001986W
PGresmun
1.13
Aug-14
$'L53a000
2014
3,400
$74.41 2 Story
36001�66Sb
Hinson
0,75
Dee -13
$255,0(1(1
2013 .
3,453
$73.&5 2 Story
$224,000
Average
1,27
$92,03
$253,6170
2D13.4
5,418
$74.27
Jury -14
Nether
1.13
2,525
$253,000
2413
3,400
$74,41
AdIaloing Sales After Seim Farm Announced
Aipr =14
$258„040
2014
3,511
TAX ID
Owner
Area
Date Sold
Bales Prices
milt
OBA
$ {13814 Style
(1
F°edderseo.
L%
Fcb-13
$247,000
2012
3,427
$72.47 Ranch
0
Gentry
1.42
Apr -13
$245,000
2013
3,400
$72.06 2 Story
$249,000
Average
1.49
$74.46
$24,6.409
2012.5
3,414
'$72.07
Mardian
1.49
W46,OW
2012,5
3,414
$72,07
AdJalnine Sales Before SoIwkr Fmrna Announced
TAXID
Owner
Acres
Date RAJ
Sales Price
Suitt
GBA
WODA Style
3600183W5
Curter
1.W
Drc -12
$240,000
21012
5,347
$71.71 1.5Sl+aryl
3500193097
Kelly
1.61
Sep-12
$198,000
2012
2,532
$78.20 2 Story
3fsiioMigJ
Hadwan
1,55
Nov-12
'$240,000
2012
3,433
$69,91 1.5Bl+nty
3,194
Avrrftc
1159
3600199928
$219,000
2.012
2,940
$74.95
2014
Medial)
L,56
2 Story
$219.004
2412
2.940
$74.95
Nearby SikleS After Solar Farm Completed
TAX ID
owner
Amer
Data Sold
Hiram Price
Built
GBA
$Jtk0A Style
.3600193110
Barnes
1.12
Oct-13
$249,000
2013
3,400
$72 -94
2 Story
360110518+0
Nackley
0.95
Doe-13
$253,000
2013
3,400
$74.41
2 Story
3600192528
Matthcis
1.12
Oct -13
$238,400
2013
3,194
$7CS1
2 Story
3600199928
Beckman
0,93
Mar -141
$250,000
2014
3,292
$75.914
2 Story
M00195964
Fough
Mai
.run -14
$224,000
2011
2,434
$92,03
2 Story
3C4D19Nl4
Prealtitt
0.67
Jury -14
$242,000
W14
2,525
$9S_66
2Stor7y
36011194813
Bordner
0.91
Aipr =14
$258„040
2014
3,511
$73.48
2 ;Story
:3601104147
Sheffer
0.73
Apr -14
$255,000
2014
3,453
$73.85
2 Story
Avc rage
0.91
$246,000
2013,62..5
3,199
$77 -85
Median
0,92
$249,000
2014
3,346
$74.46
Nearby Salepr Stfore Solar Farns Announcod
TAX1D
Owner
Acr"
Data Sold
safes Price
B'ullt
GBA
WGBA Style
viWC1191437
Thornan
1.12
Sep-12
$Q2S.ow
2012
3,276
2Story
.1(,00087968
Ultey
1..)5
,tan -13
$238,000
2012
3,421
$139.57 1.5 Story
3600087654
llurkc
1.26
Sep, 12
$244,400
2012
3,543
$67.74 2 23 cry
.VgK )99796
Hobbs
0173
$rp-12
$228,000
2012
3,254
$70.07 2 Story
A"mp
1.07
$232,750
2012
3,374
$69.01
Median
1.14
$233,000
2012
3,349
$69.13
7
Matched Pair Summary
Adjoins Solar Farm
Average Median
sales Price $25:3,600 $253,000
Year Built 2013 2013
Size 3,418 :3,400
Fliicse /SF $74.27 $74.41
Percentage Differences
Median Price -2%
Median Biz -'/o
Median Pxice/Sf 0%
Nearby Solar Farah
Average Median
$246,000 $2443,00£}
2014 2014
3,189 3,346
$77.85 $74.46
111
M
I note that 2308 Granville Drive sold again in November 2015 for $267,500, or $7,500 more than when it
was purchased new from the builder two Years earlier (fax ID 3600195361, Owner. Leak).. The
neighborhood is clearly showing appreciation for homes adjoining the solar farm.
The Median Price is the hest indicator to follow in any analysis as it avoids outlying saunples that would
otherwise skew the results. The median sizes and median prices are all consistent throughout the sales
both before and after the solar farm whether you look at sites adjoining or nearby to the seLar farm, The
average for the homes nearby the solar farm shows a smaller building size and a higher price per square
foot. This reflects a common occurrence in real estate where the price per square foot goes up as the size
goes down. This is similar to the discount you see in any market where there is a discount for braying larger
volumes. So when you buy a 2 liter coke you pay less per ounce than if you buy a 16 oz. cake. So even .
o=paring averages the indication is far no impact, but I rely on the median rates as the most reliable
indication for any such analysis.
112
AM Best Solar Farm, Goiduboro, NC
View of home in Spring Clarden with solar farm located through the bees and panela - photo taken on
9/23/15.
View from vacant lot at Spring Garden with solar farm panels visible through trees taken in the winter of
2014 prior to Dome construction. This is the same lot as the photo above.
113
. Mgghed Pair -- White Cross SolAr Farm QUO HM-- H
10
A new solar farm was built at 2159 White Crass Road in Chapel Hill, Grange County in 2013. After
construction, the owner of the underlying land said the balance of the tract not encumbered by the solar
farm in duly 2013 for $265,000 for 47.20 acres, or $5,606 per acre. Mis land adjoins the solar farm to the
south and was clear cut of timber around 10 yews ago, l compared this purchase to a nearby transfer of
53.09 acres of timber land just south along ate Cross Road Uiat sold in November 2010 for $361,000, or
$6,109 per acre. After purchase, this land was divided into three rain{ farm tracts of 12 to 20 acres each.
These rates are very similar and the dif brence in price per acre is attributed to the timber value and not any
impact of the solar farms.
Type TALC i D Owner Acres Datt Price $/Aare Noted Conf By
Adjoins Sa4ar 9748336770 lia erty 47,24 Jul -18 $265,OHOQ $5.614 Clear cut Betty Cross, bmki-r
Nest Near Solar 9747184527 Purcell 59.09 Nov -10 $361.000 $6.109 Wooded Diclde Andrews, br*W
The difference in price is atttibuted to the trees on the aidcr sale,
No impact noted for the adjacency to a solar farm according io the broker.
1 tooked at a number of other titer lanai sales without proximity to a solar farms for this maw -bed pair,
but this land sale required the least allowance for diffemnues in size, utility and location.
Matched Fair Summary
Sales MCC
Adjustment for Timber
Adjusted
Tract Size
PPweentage Differences
#median Price Per Acrc
Adjoins Solar 1~ arm
Average
Median
$5,614
$5.514
&,5005U0
$ft,1l4
�Cr,114
47,20 47,20
0%
Nearby Solar Farm
Average Median
$6,109 $6. 109
59-09 59.09
This matched pair aguish supports the conclusion that adjacency to a SOW fermi has no impact on adjoining
residential/agricultural laird.
Matched Fair - Waptaff Farm x
This solar farm is located at the northeast corner of a 594- farm# with apprwdmately 30 acres of solar
farm area. This solar farm was approved and constructed in 2013.
After approval, 18.82 acres were sold out of the parent tract to an adjoining owner to the wrath. "{'his sale
was at a aimilar price tD nearby land to the east that sold in the same time from for the saute price per a
as .shown below.
Type TAX Iii Owner Acres Present Use Data sold prier SING
Adjoine Solar 0918 -17 -11 -7960 Piedmont it3,82 Apiculrtt.ural 811912013 $16i,tM ;$88.714
Not Ncar Sour 0918 - 00-75 -9812 ct al Mackwell 14..K5 Apiculfu ural 12/27/2013 $[31{,000 $R.7,ig
Matched Fair a"snMacy
Salem Flice
Tract Size
ftnwntage Differmaes
Median Price Per AcM
Rdjohis $01ar Farm
AV F tge Modian
$x,7 "'4 W7I -I
ViJ1 2 1824'?
0%
Neaft solar FRrm
Av ®raga MedLan
$8.434 $8,739
14,158 14.88
114
11
Mis matched pair again supports the conclusion that adjacency to a solar farm has no itttpact on adjoining
residential/ agricultural land.
4. Rdatche - MulkLilm, Sohn
This solar farm adjoins two subdivisions with Central Hills having a mix of wdsting and new construction
homes. Lots in this development have been rnarketed for $15,000 each with dieoounts offered for multiple
lots being used for a single home site. 1 spoke with the argent with Rhonda 'wheeler and Becky
Heamsberger with United County Farm & borne fealty who noted that they have seers no impact on tot or
home sales due to the solar farm in this community.
I have included a map below as well as data on recent sales activity on lots that adjoin the solar farm or are
clear the solar farm in this subdivision both before and after the announced plait for this solar farm facility.
I note that using the same method l used to breakdown the adjoining uses at the subject property I show
that the predominant adjoining. uses we residential and agricultural, which is consistent % th the location
of most solar farms.
Adjoining Use Breakdown
Acreage
Parcels
ommerdO
3.4CP/a
0.034
Residential
12.134%
79.31%
AWif Rena
10.39%
3.459/4
Agricultural
TOW
73.37% 13.79%
100.00% 100-00%
115
12
From the above map, l identified fur recent sales of homes that occurred adjoining the solar farin loth
before and after the announcement of the sales` farm. [ have adjusted each of these for differences in size
and age in order to compare these sales among themselves. As shown below after adjustment, the median
value is $130,776 and the sales prices are consistent with one outlier which Is also the least comparable
house consisered. The close grouping and the similar price per paint overall as well as the sign lar pride per
square foot bath before and after the solar farm.
116
13
KRtohad ?a1rP
Data $old Bales Price
Acres,
Built
GNA
TAX Ill Ooraee
Slate Sold Bases PAO* Acraw
ftat uDA $JGBA
StjOla
faek#n5.
C%%7 6960A011 -00 Hcnmm
,In1 -14 $130ow 2.&S
2DD7 1,511 x,114
tatoFy
2Ozirtge
12 0900 A OW -06 Arrcrson
Ang• [2 $1306000 1.20
2011 1, m $81.97
1 Story
2 Oairepe
15 WJCA003.00 Smallwood
May -12 $149.rAd I,UU
7002 I_,*b $0&92
1a14ry
4OanW
16 0990= A 002.00 HessIng
.run -15 $130.000 1.00
1949 1.782 $7.1,95
1 3tmy
2 { mow
4verow
$11A,475 1.46
2005 1,619 $S3 -72
$1.34.450
1:67
Median
$130,00 1110
36 1,691 $84.00
41ustmente
TAR ID Owner
,Rate Bold Wimp Pirtae Aar"
Built O &A etyla
Parktn`
Told
6A7 0900 A 011,110 Htneon
Jol•14 $1AOOO $7,5+1117
$2.bm $6,453 $O
so
$131,503
12 OV"Aat3-00 ATMMOO
Aug -12 $1AWC W
$3 $7 so
10
$131,000
I5 C99C A DO3.On Smallwood
MRY -12 $149,900 $0
$B.7443 - 39 $0
-$15.OW
$140,7011
Ifs OWA1>92,M BLCaaing
,tun -1.5 $1!31 OW $7
$7,660 - $19.2179 $xi
s6
$123,501
Avenigr
$134,975 - $L,875
$4,2m - $2,196 $0
- $a.7s0
$131,440
MR44oa
$130,17{x1 so
&11673 4470 $0
Sit
$130,776
`1 adjusted all o4 the namparalhles t0 a base 11 ne 2411 Year eul It and L586 51 based on Lot 12
l also considered a nllmber of similar home sales nearby that were moth before and after the solar farm was
announced as shown below. These homes am generally newer in
conatructi€ n and include a number of
larWr homes but show a very similar price point per square foot..
Naltrhg Sales ]Micro Spin,r Form Announced
TAX ID {Owner Dilte Bald
Sales mee Acres Built 08A $ /GBA Style
ParkLag
rU99LAA019 Durrrnee SeP-12
$165,000, 1 -00
2012 2,079 $-79 -37
1Story
2Garage
09913 A 021 I.* Iyyll a n Apr-12
$212'WO 173
2007 2.045 $103,6?
1 Story
2 iGaragp
nlaUO A 060 Nirhola Feb -13
$165,000 1 -03
2012 1,9L>i $53 -93
1 Story
2 Garage
,Average
$1.801,667 1 -59
2010 2,000 -99
Median
$16510900 I -03
2012 2,045 $83.93
H**rl7ySales After Solar Fusin Announced
TAX OLD Owner
Data $old Bales Price
Acres,
Built
GNA
$ /ORA
Stglo
forking
OWN A 0140 Carrithem
Mar -15 $121 1OW
1.00
2010
1,626
$73 -80
1 Story
2 Garage
t39CA043 Churn
Feb- 15 $148,9W
134
2008
1,585
$90.94
IMary
2claragc
AveraW.
$134,45a}
1:67
2009
1,606
$63.87
MV than
$1.34.450
1:67
2609
1,646
$83.87
1 then adjusted these nearby sales using the same criteria as the adjoining saxes to derive the following
breakdown of adjusted values based on a 2011 yew built 1,586 square foot home. The adjusted values are
omsistent with a median rate of $128,665, winch is actually lower than the values for the domes that back
up to the solar farm.
117
14
Nearby Eras Adjusted
Average
Median
$134,450
Adjustments`
2009
2fxyj
1,606
TASK M
Ownes
Dato Sold
Solon Pli #c
dares
Built
OBAk
styto
Parking
TMal
04913 A 019
Durrallue
Sep -12
$165,000
$(]
- $825
- $39.127
so
$0
$125,048
0995A021
Berryninrt
Apr -12
'$212,001)
'$T.51?iF
r $4,240
- $47.59Q
$0
so
$161,157
0940 A 06
Michots
1�' It -1.3
5165,000
$tl
-$825
-$31.
$0
$U
$132,283
09ON x4044
Carrithem
Mar -1$
$12G,000
$(7
$[x0(1
- $2,952
S0
$0
$117,648
0990 A 043
Chcrry
wle ks -15
5148,900
47.5(70
$2.234
4
$fl
SO
$143,727
Averegu r $165,500 41.1375 $798 430,38+9 r ' $0 X5134,434
mtdian r $165,000 ' $0 -$113 435.510 ° $0 V $0 $128,f45
• i adjusted a] I of the wmparabl as to a base line 2011 Year Diu [it and 1,5K s-f. based on Litt 12
if you consider just the 2015 nearby ears, the range is $117,64$ to $143,727 with a median of $130,688.
If you consider the recent a4ioining sales the range is $123,501 to $131,553 with a median of $127,527,
This difference is less than 3% in the median and well 'below the standard deviation in the sales. The entire
range of the adjoining :Ales prices is overlapped by the range from the nearby sales. These are consistent
data sets and summarized below.
Watched Pair Summery
Adjoins Solar ftrm .
Average Median
Sales Price $134,975 $130,000
Year Milt 2005 2OU5
Size 1,619 1,591
Pricc jSF
Percentage Differences
Median Price
Median :size
Median Price /SF"
$83.72 $134.00
3 %
1%
0P/0
Nearby After Solar Farris
Average
Median
$134,450
$134,450
2009
2fxyj
1,606
1,C�iAC3
$83-87 $Ki87
lased can the data presented above, l find that the price per square foot fair finished homes are not being
impacted negatively by the presence of the solar iarrll. The difference in pricing in homes in the
neighborhood is accounted for by difterences in size, building age, and lot size. The median price for a home
air those factors are adjusted for are consistent throughout this subdivision and sbaw no impact dupe to
the proximity of the solar farm. This is consistent with the c(urlments frclm the broker l spoke with far this
subdiv gion as well.
118
Ill. Harmony of Use/ QqmRatabil
lul
[ have visited over 170 solar farms and sites on which solar farms are proposed in North Carolina to
determine what uses are compatible with a solar farm. The data I have collected and provide in this report
strongly supports the compatibility of solar farms with adjoining agricultural and residential uses. While I
have %cused on adjoining uses, [ note that there are many examples of solar farms being 1neated within a
Quarter mile of residential developments, including such notable developments as Governor's Club in
Chapel Hill, wbich has a solar farm within a quarter mile as you can see on the following aerial map.
Governor's Club is a gated golf community with hornes selling for $3M.000 to over $2 rafflon.
The subdivisions included in the matched pair analysis also show an acceptance of residential uses
adjoining solar farms as a harmonious use.
Beyond these anecdotal references, I have quantified the adjoining uses for a number of solar ffirrn
comparables to derive a breakdown of the adjoini g uses for each solar farm. The chart below shows the
breakdown of adjoining or abutting uses by total acreW. While most of these solar farms were located in
North Carolina, the breakdown of adjoining uses is very similar to that shown for Oregon as shown earlier
in this report.
Tatal Solar Farms Reviewed 173
119
16
All Res All Carnrn
Res AS Res/AG Park Sulu COMM Ind Uses Uses
Average 139 57% 77% 1'3 0% 0% 5 94% 5%
Medlan 6% 53% 7% MV i 0% 0% 100%
Res = Residential, AC = Agri uiture, Sub = Substation, Com = Commercial, Ind = Industrial.
I have also included a bmakda n of each solar farm by number of adjoining parcels rather than acreage.
Using both factors provides a more complete picture of the neighboring properties.
TDbil Soler Fa rms Reviewed 173
1111 Roes 1111 Corona
Res Ag Res AG Part Sub Iraq= Ind Uses Uses
Average %W, 27% 90A i 1196 2% 496 S41X1 5'Xi
Mediaft 63% 25% 4% UK 0% aK 1M6 ON
Res = Residen lief, Ag = Agriculture, Su b = Substatiu% Grim = Commercial, Ind =Ind ustdial.
Both of the above charts show a marred residential and R icultural. adjoining use for most solar farms,
Every single scalar farm considered included an adjoining residential use except for one, which included an
adjoning residentW/agricultural use. These compeamble scalar farms clearly support a compatibility with
adjoining residential us along with agricultural uses.
SRecific FactO rs on Halrmogy of Use
1 have completed a number of Impact Studies related to a variety of uses and I have found that the most
common areas for impact on adjoining values typically fallow the following hierarchy with descending lever
of potential impact. I will discuss each of these categories and how they relate to .a solar farm.
1. Hazardous material
2. Odor
3. Noise
4. Traf
6. Stigma.
6.. Appearance
1, ]KazardGus mate
The solar farm presents no potential hazardous waste byproduct as part of normal operation. Any fertilizer,
weed control, vehicular traffic, or construction will be significantly less than typically ,applied in a residential
development or even most agricultural uses.
The various solar farms that I have inspected and identified in the addenda have no known pending
environmental imWts associated with the development and operation.
2. Odor
The various solar farms that 1 have inspected produced no noticeable odor.
120
3. Noise
17
These are passive solar panels with no associated noise beyond a barely audible sound during daylight
hours. The transformer reportedly has a hum ijimilar to a fluorescent light in an office building that can
only be heard in close proiximity to this transformer and the buffers an the property are sufft ern to snake
emitted sounds inaudible from the adjoining properties. No sound is emitted from the facility at night.
The various solar farms that I have inspected were inaudible from the roadways. 1 heard nothing on any of
these sites associated with the solar farm.
i M-.
The solar farm will have no onsite employee's or staff. The site requires only minimal maintenance, Relative
to other potential use: of the site (such as a residential subdivision), the additional traffic generated by a,
solar farm use on this site is insignificant,
S. stigma
There is no stigma associated with solar farms and solar farms and people generally respond favorably
towards such a use. While an individual may express concerns about proximity to a soles' farm, there is no
specific stigma associated with a solar farm. Stigma generally refers to things such as adult establishments,
prisons, rehabilitation facilities, and so forth.
Solar panels have no associated stigma and in smaller collections are found in yards and roofs in many
residential communities. Solar pastels an a roof are often cited as an enhancement to the properly in
marketing brochures.
1 we no basis for an impact from stigma cluu to a solar farm.
6. Appearance
Larger solar farms using fined panels are a passive use of the land that is considered in keeping with a
rural/residential area. As shown below, solar farms are comparable to larger greenhouses. This is not
surprising givens that a greenhouse is essentially another method for collecting passive solar energy. The
greenhouse use is well received in residential/rural areas and has a similar visual impact as a solar farm,
121
Is
The fixed solar panels are all less than 15 feet high, which means that the visual impact of the solar parcels
will be similar in height to a typical greenhouse and knwr than a single story residential dwelling. Were the
subject property developed with single family housing, it would have a much greater visual impact on the
surrounding area given that a taro -story home with attic could be three to four times as high as these
proposed panels.. The panels will be located behind a chain link fence.
7, Conclusion
On the basis of the factors described above, it is my professional opinion that the proposed solar fawn Will
be in hannony with the area in which it is to be developed. The breakdown of adjoining uses is similar to
the other solar farms tracked.
V. Market Commenta
I have surveyed a number of builders, developers and investors regarding solar l'arnis over the last year. I
have received favorable feedback from a variety of sources, below are excerpts from my conversations with
different clients or other real estate professionals.
I spoke with betty Cross with Keller Williams fealty in Chapel Hill, who sold the tract of laud adjoining the
White Cross load solar farm. She indicated that the solar farm was not considered a negative factor in
marketing the property and that it had no impact on the final prince paid for the land.
I spoke with Lynn Hayes a broker with Berkshire Hathaway who sold a house at the entrance to Pickards
Mountain where the home exits onto the Pickard Mountain, Eco Institute's small solar farm. This property
is located in rural Orange County west of Chapel Hill. This house closed in January 2014 for $735,000.
According to Ms. Hayes the buyer was excited to be living near the Eco Institute and considered the solar
farm to be a positive sign for the area- There afe curremly a number of 10 acre plus lots in Pickards
Meadow behind this bouse with lots on the market for $200,DD to $250,000.
A new solar farrn was built on Zion Church Road, Hickory at the Two Unes Solar Farm on the Punch
property. After c€rnstwction of the solar farm in 2013, an adjoining tract of land with € 8.18 a ms sold for
$250,000, or $2,835 per acre. This was a highly irregular tract of land with significant tree cover betvween it
and the solar farm. I have compared this to a current listing of 27.39 acres of Umd that is located southeast
just a little ways fro m this solar faun: This land is on the market for $69,000, or $3,428 per acre.
Generally, a smaller tract of land would be listed for more per acre. Considering as sip adjustment of %
per doubling in size, and a 11 P/6 di runt for the likely drop in the closed price off of the asking price, I
derive an indicated value per acre of the sraaller tract of $2,777 per am, This is very shnilar to the recently
closed sale adjoining the solar farm, which further supports the matched hair analysis earlier in this report.
Rex Vick with Windjam Developers has a subdivision in Chatham County off Mt. Gdead Church Goad
known as The Hamptons. Home prices in The I larnptons start at $600,000 with homes over I ,1700,000.
Mr. Vick expressed interest in the possibility of including a solar farm section to the development as a
possible additional marketing tool for the project.
122
I Ell
Mr. Eddie Bacon, out of Apex North Carolina, has inherited a sizeable amount of family and agricultural
land, and he has expressed interest in wing a solar farm as a method of preserving the land for his children
and grandchildren while still deriving a useful income from the property. He believes that solar panels
would not in any way diminish the value for this adjoining land.
I spoke with Carolyn Craig, a Realtor in Kinston, .North Carolina who is familiar with the Strata Solar panes
in the area. She noted that a scalar farm in the area would be positive., 4A solar farm is color coordinated
and looks nice." *A solar farm is better than a turkey farms which is allowed in that area. She would not
expect a solar farm will have any impact on adjoining home prices in the area.
Mr, Michael Edwards. a broker and developer in Raleigh, indicated that a passive solar farm Fuld be a
great enhancement to adjoining property+. 'You never know what might be put on Hiatt land next door.
There is no noise with a solar farm like there; is with a new subdivision.'
These are just excerpts IVe noted in my conversed nla with different clients or other real estate participants
that provided other thoughts on the subject that seemed applicable.
V1. Conclusion
The matched pair analysis shows no impact in home values due to the adjacency to the SOW farm as well
as no impact to adjacent vacant residential or agricultural land. The criteria for making downward
adjustments on property values such as appearance, noise, odor, and traffic all indicate that a solar faun is
a compatible use for rural/ residential transition areas.
Similar solar farms have been approved adjoining agricultural uses, schools and residential developments.
Industrial uses rarely absorb negative impacts from adjoining uses. The adjoining residential uses to other
solar farms have included single family homes tip to $260,000 on lots as small as 0.74 acres. The scalar
tarot at the Pickards Mountain l cc Institute adjoins a home that sold in January 2014 for $735,000 and in
proximity to lots tieing sold for $200,000 to $250,000 for homes over a million dollars.
Based can the data and analysis in this report, it is my professional opinion that they solar farm proposed at
the subject property will maintain or enhance the value of adjoining or abutting property and that the
proposed use is in harmony vdth the area in which it is located.
If you have any further questions please call me any time.
Sincerely,
!T
Richard C. Kirkland, Jr., MAI
State Certified General Appraiser
# C. )04 t. MfR
LV
9
� 4
123
0
Limiting Conditions and Assumptions
Acceptance of and/or use of this report constitutes acceptance of the following limiting
conditions and assumptions; these can only be modified by written documents executed by
both parties.
4, The basic limitation of this and any appraisal is that the appraisal is an opinion of value, and is, therefore,
not a guartee that the property would sell at exactly the appraised value. The market price may differ frern
the market value, depending upon the motivation and knowledge of the buyer and/or seller, and may,
therefore, be higher or lower than the market value. The market value, as defined herein, is an opinion of the
probable price that is obtainable in as market free of ahnDrmaal influences.
I do not assume any responsibility for the legal description provided or for matters pertaining to legal or title
considerations, l assume that the title to the property is good and marketable unless otherwise stated.
0 l tans appraising the property as though free and clear of any and all liens or encumbrances unless otherwise
;stated,
$ I assume that the property is under responsible ownership and competent property management.
4- I believe the information furnished lay others is reliable. but I give no warranty for its accuracy.
I have made no .survey or enginccring study of the property and assume no responsibility for such matters.
All engineering studies prepared by others are assumed to be correct, The plot plans, surveys, sketches and
any other illustrative material in this report are included only to help the reader visualize the property. The
illustrative material should not be considered to be scaled accurately for size.
I assume that there are no hidden or unapparent conditions of the property, subsoil, or structures that render
it more or less valuable. I take no responsibility for such conditions or for obtaining the engineering studies
that may be required to discover them.
+ I .assume that the property is in full compliance with all applicable federal, state, and local laws, including
environmental regulations, unless the lack of compliance is stated, described, and considered in this
appraisal report.
0 1 assume that the property conforms to all applicable zoning and use regulations and restrictions unless
nonconformity has been identified, described and considered in this appraisal report.
+ 1 assumt.- that all required licenses, certiricates of occupancy, consents, and other legislative or administrative
authority from any local, staatc, or national government or private earthy or organization have been or can be
obtained or renewed for any use on which the value estimate contained in this report is based.
+ I assume that the use of the land and improvements is confined within the boundaries or property* lines of the
property described and that there is no encroachment or trespass unless noted in this report.
+ I am not qualified to detect the presence of floodplain or wetlands. Any information presented in this report
related to these characteristics is for this analysis only. The presence of floodplain or wetlands may affect the
value of the property. If the presence of floodplain or wetlands is suspected the property owner would be
advised to seek: professional enoneering assistance.
4- For this appraisal. I assume that no hazardous substances or conditions are present in or on the property.
Such substances or conditions could include but are riot limited to asbestos, ure- a- formaldehyde foam
insulation, polychlorinated biphenyls (i 13s], petroleum leakage or underground storage tanks,
electromagnetic fields, or agricultural chemicals. 1 have no knowledge of any such materials or conditions
unles:% otherwise stated. I make no claim of technical knowledge with regard to testing for or identifying such
hazardous materials or conditions, The presence or such materials, substances or conditions could affect the
value of the property. However, the values estimated in this report arc predicated on the assumption that
there are no such materials or conditions in, on or in close enough proximity to the property to cause a3 loss ire
value. The client is urged to retain an expert in this field, if desired.
0 Unless otherwise stated in this report the subject property is appraised without a specific compliance survey
having been conducted to determine if the property is or is not in conformance with the recluiiements of the
124
1
Arncricanas with Disabilities Act (effective 1126/921. The presence of architectural and/or communications
barriers that are structural in nature that would restrict access by disabled individuals may adversely affect
the property's value, marketability, or utility.
0 Any allocation of the total value estimated in this report between the land and the improvements applies only
under the stated program of utilization. The separate values. allocated to the land and buildings must not be
used in conjunction with any other appraisal and arc invalid if so used.
4- Possession of this report, or a copy thereof, does not carry with it the right of publication.
aw 1 have no obligation, by reason of this appraisal, to give farther consultation or testimony or to be in
attendance in court with referenct to the property in question unless further wTangernents have been made
regarding compensation to Kirkland Appraisals, LLC,
Neither all. nor any part of the contents of this report (especially any conclusions as to value, the identity of
the appraiser, or the firm with which the appraiser is connected) shall be disseminated to the public through
advertising, public relations, news, sales, ar anther media without the prior written consent and approval of
Kirkland ApproiisalsR, LLC, and then only with proper qualifications.
# Any value estimates provided in this report apply to the entire property, and any proration or division of the
total into fractional interests will invalidate the value estimate, unless such proration or division of interests
has been set forth in the report,
4- Any income and expenses estimated in this report are for the purposes of this analysis only and should not be
considered predictions of future operating results.
This report is not intended to include an estimate of any personal property contained in or on the property,
unless otherwise state.
This report is subject to the Code of Professional Ethics of the Appraisal Institute and complies with the
requirements of the Mate of North Carolina for State Certified General Appraisers. This report is subject to
the certification, definitions, and assumptions and limiting conditions set forth herein.
The analyses, opinions and conclusions were developed based on, and this report has been prepared in
conformance with, our interpretation of the guidelines and recommendations set forth in the Financial
Institutions Deform, Recovery, and Enforcement Act of 1989 (FJRJRr;A),
0 This is a Real Property Appraisal Consulting Assignment.
125
RN
Certification - Richard C. Kirkland, -fr., MM
I certify that. to the hest of my knowledge and belief;
11 The statcrnenta of fact contained in this report are true and correct;
2. The reported analyses, opinions, and concluaions are limited only by the reported aaisumptions and limiting eonditions,
and are my personal, unbiased profesaional analyece, opiniona, and conclusions;
X 1 have no present or prospective interest in the property that is the subject of this report and rko personal interest with
respect to the partka ixa.volved;
4. 1 have no bias with respect to the property that in the subject of thin report or to the parties involved with this
aasipmrent;
S. My engagement, in this assignment was not contingent upon developing or reporting predetermined resu lts-,
6- 'My compensation for completing this assignment is net Contingent upon the development or reporting of a
predetermined value or direction in value that favors the cause of the ellent, the amount oi' the vatue opinion, the
attainment or a stipulated rcault, or the occurrence of a subsequent. event directly related to the intended use of the
appraisal;
7. The reported emalysea, opinions, and concivaions were developed, and thin report has been prepared, in conformity
With the requiremLnta of the Code of Professional F—thka and Stand"rds of Pr'ofcRaionRl Appraisal Practice of the
Appraisal Institute;
a. The reported analysea, opinions and concluaiomi were developed, and thin report has been prepared in conformity
with the Uniform Standards of Professional Appraisal Practicc-
q, The use of this report is subject to the requirements of the Appraisal institute relating to review by its duty authorized
reprewntativee;
10. I have not monde a personal inspection of the property that is the subject of thin report, and;
11. No one provided significant real property appraisal assistance to the p'regn signing this certiftntion.
12. As of the date of this report I have completed the requircrrrents of the continuing education program of ilze Appraisal
Institute;
1 , I have not appraised this property within the IRSt three yeam
Disclosure of the contents of this appraisal report is governed by the bylaws and rcguWa ins of the Appraisal [nstitatc and the
National Association of Realtors.
Neither nil nor any part of the contents of this appraisal report shaft tm dinneminated to the public through advertising media,
public relations media, news media or any ,other public rnrans of communications without the prior written consent and
approval of the undcrnigned.
G to��yti fig '}
v
'o W- ,
Richard C. Kirkland, Jr., MAI
Sly Certified General Appraiser
126
Richard C. 1(hidand, Jr., MAT
9408 Northfield Court
Kirkland Raleigh, North Carolina 276(x3
Mobile (9 19) 414-8142
Appraisals, LLC rkirk)aadZ
AIM ail.com
PROFESSIONAL EXPERIENCE
Kirkland Appraisals, LL C, Raleigh, N.C. 2003 - Present
Commercial appraiser
Heater & Company, Raleigh, N.C.
Commercial appraiser 1996-2003
PRoFEswomm APPILUTMIN
MAI (Member, Appraisal Institute) designation #11796 2001
MC State Certified General Appraiser # A4359 1999
VA State Certified General Appraiser # 4001017291
OR State CertMed General Apprai"r 4 C001204
SC State Certified General Appraiser # 62019
EDUCATION
Bachelor of Arts in English, University of North Carolina, Chapel H01 1993
COSWNMNG EDMATION
Uniform Standards of Professional Appraisal Practice Update
2016
Forecasting Revenue
2015
Wind Turbine Effect on Value
2015
Supervisor/Traince Class
2015
Business Practices and Ethics
2014
Subdivision Valuation
'2014
Uniform Standards of Professional Appraisal Practice Update
201.4
Introduction to Vineyard and Winery Valuation
2013
Appraising Rural Residential Properties
2012
Uniform Standards of Professional Appraisal Practice Update
2012
Supervisors/1'rainces
2011
Rates and Ratios. Malting sense of GIMs, OARs, and DCFs
2011
Advanced Internet Search Strategies
2011
Analyzing Distressed Real Estate
2011
Uniform Standards of Professional Appraisal Practice Update
2011
Business Practices and Ethics
2011
Appraisal Curriculum Overview (2 Days -General)
2009
Appraisal Review - General
2009-
Unifonn Standards of Professional Appraisal Practice Update
2009
Subdivision Valuation: A Comprehensive Guide
20M
office Budding Valuation; A Contemporary Perspective
2008
Valuation of Detrimental Conditions in Real Estate
2007
The Appraisal of Small Subdivisions.
2007
Uniform Standards of Professional Appraisal Practice Update
2OD5
Evaluating Commercial Construction
2005
23
127
Conservation Easements
2005
Uniform Standards of Professional Appmdsal Pmctioe Update
2004
Condemnation Appraising
2004
Land Valuation Adjustment Procedures
20D4
Supporting Capitalization Rates
2004
Uniform Standards of Professional Appraisal Practice, C
2002
Wells and Septic Systems and Wastewater Irrigation Systems
2002
Appraisals 2002
2002
Analyzing Commercial Lease Clauses
2002
Conservation Easements
2000
Preparation for Litigation
2000
Appraisal of NGnconfonning Uses
2000
Advanced Applications
2000
Highest and Best Use and Market Analysis
1999
Advanced Sales Comparison and Cost Approaches
1999
Advanced Income Capitalization
1998
Valuation of Detrimental Conditions in Real Estate
1999
Report Writing and Valuation Analysis
1999
Property Tax Values and Appeals
1997
Uniform Standards of Professional Appraisal Practice, A & B
1997
Basic, Income Capitalization
1996
24
Kim ley» )Horn
MEMORANDUM
To; Kyle Campbell. ESA Ri�oewables
From: Travis Pluitt, P.E.
Iimley -Horn and Associates, Inc.
Date: April 26, 2016
Subject: Oakwood Solar Farm — Trip Generation
128
KIMLEY -HORN AND ASSOCIATES, INC
HC license W -0102
�ry..wi�wwaa.
Qdi�3 y by:
•�4��sl��ws
Kimlay -Horn has reviewed the trip generatic+i potenlial of the proposed Oakwood solar farm located
on US 70 in Mebane, NC. The ITE Trip Generation Manual does nut provide trip generation rates for
solar farms. Therefore, The trip generation was estimated Fused on the anticipated number of
employees both during construction and a full bulld�ut.
I)turing construction it is estimated that a maximum of 40 workers will be on site each day. Though
some workers will carpool, as a worst case it is assumed that all workers arrive individually in the Aft
peak hour and depart individually in the PM pear hour_ There are also anticipated to be
approximately B truck deliveries per day during construction with only 1 vehicle on -site at any given
lime. As a worst case, it Is assumed that 2 trucks enter and exit during each peak hour. Therefore, it
is anticipated that in a worst case condition. lhere will be approximately 42 entering trips and 2 exiting
trips in the A{+�+1 peak hour and 2 entering trips and 42 exiting trips in the PIVI peak hour.
Upon completion the site will have no Full -time staff. There will be 1 -2 employees that will service this
site once every several months. The result is that this site is expected to generate less than 1 trip per
day on average. Table 1 below summarizes the anticipated trip generation of the site.
Table ')
Solar Farris Traffic Generation Vehicle
Daily AM Peak Hour PIT Peak Hour
Scenario
In Out In Out In Out
Construction <100 <190 42 2 2 42
Build -out <1 <1 M1 <1 <1 <1
Please feel free to conlact me at 919- 653.2948 or trpyis.fluittakimle+Lhorn.G(inti with any question or
comments.
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Being all of that access easement as shown on map and survey entitled "Survey for Oakwood Solar
Farm. LLC' prepared by Gaskins Land ;Surveying, P.A., dated 513/16, and mrorded In Plat Bonk 115, page
175, Orange County Registry.
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Attachment 3
Site Assessment for PIN: 9835 -02 -9137 for proposed Solar Array
Public Utility (Class A Special Use Permit), non - residential
Site Data
Zoning: Rural Residential (R1) and designated 10 Year
Transitional Area on Future Land Use Map
Acreage: 52.1 acres
Overlay Districts: Back Creek Protected Watershed Overlay
District and Efland- Cheeks Hwy 70 Overlay District
Deed: No deed reference found. Legal Reference: 10 -E -451.
Plat/Legal Description: N/O Hwy 70 (no plat found)
Building Setbacks for Special Use Permit (Class A)
100 ft. from all property lines
50 ft. Type D Land Use Buffer shall be provided along any portion
of the perimeter of the parcel and easements
(see UDO, 5.10.3 C (2) (f)
Maximum height: 40'
Notes:
(1) Private Road Justifications, Recorded Declarations,
Restrictive Covenants, Bona Fide Farm status, use and building
type (e.g. duplex units) will change subdivision and development
requirements. (2) 80 ft. stream buffer graphically shown. (3) Floor
Area Ratio (FAR) maximum for residential conditional use = 0.58.
FAR maximum for non - residential use = 0.088. FAR maximum for
non - residential conditional use = 0.100. Required minimum open
space ratio = 0.84. Required minimum livability space ratio =
0.75. Required pedestrian /landscape ratio = 0.21.
(2) BMP may be required
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24�a`-
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PIN# 9835029137 tectec
HELEN ETAL MACE rshed
ftw
CARL JERRY MACE hC
6517 US HIGHWAY 70 .,,,. _IN��G�TI
MEBANE, NC 273027598 ii MFG
Environmental Features: 140
Streams located on lot. Stream buffer for stream to the east:
80 ft. (Method A). Stream buffer for stream to the west: 65 ft.
(Method A). Six water bodies located to the west. Water body
buffers: 65 ft. (Method A).
Slope: Slope of stream to the east: 8.8 %. Slope of stream to the
west: 6.4 %. Slopes of water bodies to the west: ranging from
2.4% to 6.4%
100 and 500 year Floodplains
Base Flood Elevation (BFE) based on FIRM Map: 663
County Freeboard: 665
Minimum Finished Floor Elevation (FFE): 665
Flood Panel: 9835J
Impervious Surface Limits: 12% based on UDO (Sec. 4.2.6) -
272,337.12 sq. ft. of allowable impervious surface area
Note: On -site infiltration of the first inch of stormwater runoff, per
UDO, Sec. 4.2.6 for non - residential use
Land Disturbance Thresholds (Erosion Control)
1) Erosion Control Application /Permit required if disturbing more
than 20,000 sq. ft.
2) Stormwater Management Application /Permit required if more
than 21,780 sq. ft. (112 an acre) for commercial structures.
'Call OC Erosion Control at (919) 245 -2586 for more
information.
Date Site Assessment Completed: Updated 05/26/2016
6� 6
G
° o
Data shown on this map is obtained from Orange County
GIS and is for reference only.
Exact locations and boundaries should be verified.
Map prepared by Orange County Planning & Inspections.
06/02/2016 - rmccook
— USGS Stream
- -- 2' Contours (NCDOT) M City Limits
Floodway
-• Soils Survey Stream
0 Parcels
0 ETJ
(Effective 02/02/07)
LZ Floodplain Buffer 80ft
Moning
::: Soils
500 Year Floodplains
?z
'X Stream Buffer 80ft
0 Water Body
100 YR Floodplain
(Effective 02/02/07) 1 inch =600 feet
Water Body Buffer 65ft ® Watershed
(Effective 02/02/07) Base Flood Elevation (Symbol) 0 16o soo
Feet
j: : � FIRM
141
Attachment 4
FINDINGS OF THE ORANGE COUNTY PLANNING BOARD AND STAFF
PERTAINING TO A REQUEST SUBMITTED BY
OAKWOOD SOLAR FARM SOLAR LLC / ESA RENEWABLES AND
MR. CARL AND HELEN MACE, ETAL
REQUESTING A CLASS A SPECIAL USE PERMIT
TO CONSTRUCT A SOLAR ARRAY - PUBLIC UTILITY
ON A PARCEL OF PROPERTY OFF OF US HIGHWAY 70
FURTHER IDENTIFIED UTILIZING ORANGE COUNTY
PARCEL IDENTIFICATION NUMBER (PIN)
9835 -02 -9137.
As required under Section 5.2 Table of Permitted Uses of the Orange County Unified Development
Ordinance (UDO), a Class A Special Use Permit is required for the development of a solar facility. Such
permits shall comply with general and specific standards as set forth in Section(s) 5.3.2 and 5.9.6 of the
UDO.
Section 5.3.2 (A) (2) of the UDO requires written findings certifying compliance with the following:
(1) The use will maintain or promote the public health, safety and general welfare, if located
where proposed and developed and operated according to the plan as submitted;
(2) The use will maintain or enhance the value of contiguous property (unless the use is a
public necessity, in which case the use need not maintain or enhance the value of
contiguous property); and
(3) The location and character of the use, if developed according to the plan submitted, will
be in harmony with the area in which it is to be located and the use is in compliance with
the plan for the physical development of the County as embodied in these regulations or
in the Comprehensive Plan, or portion thereof, adopted by the Board of County
Commissioners;
In addition, the Board shall make findings certifying that the application is compliant with the following
specific standards:
(1) Specific standards for the submission of Special Use Permit applications as outlined
within Section(s) 2.2 and 2.7 of the UDO,
(2) Section 5.3.2 (B) relating to the method and adequacy of the provision of:
a. Sewage disposal facilities;
b. The adequacy of police, fire, and rescue squad protection; and
c. The adequacy of vehicular access to the site and traffic conditions around the site;
(3) Specific regulations governing the development of Solar Array as set forth in Section
5.9.6 of the LIDO,
(4) The general findings outlined within Section 5.3.2 (A) (2).
Listed below are the findings of the Orange County Planning staff regarding the application in question.
The findings have been presented by Article and requirement to assist the Planning Board in its
deliberations.
142
REQUIREMENT UDO SUPPORTING EVIDENCE Staff Planning
Board
Recommen
dation
APPLICATION COMPONENTS
Proper forms 12.2
Fees paid
2.2.4(D)
Full description of use
2.7.3(B)(1)
• Location
Yes
• Appearance
Yes
• Operational characteristics
No subdivision proposed: Survey of
access easement was provided.
Owner Information
2.7.3(B)(2)
Information Needed for Use
2.7.3(8)(3)
Standards
Site Plans
2.7.3(8)(4)
Preliminary Subdivision Plat (if
2.7.3(B)(5)
necessary)
List of Parcels within 1,000 feet
2.7.3(13)(6)
Elevations of all Structures 12.7.3 (13)(7)
Environmental Assessment (or EIS) 2.7.3(B)(8)
• Topography
• Drainage issues
• Natural or Cultural resources
• Mining
• Hazardous Wastes
• Wastewater treatment
• Water usage
Method of Debris Disposal 2.7.3(8)(9)
Application and supporting Yes Yes
documents (Attachment 1)
Staff Testimony /Receipt Yes Yes
Application and supporting Yes Yes
documents (Attachment 1)
Application (Attachment 1)
Yes
Yes
Application and supporting
documents (Attachment 1)
Yes
Yes
Site Plan (Attachment 2)
Yes
Yes
No subdivision proposed: Survey of
access easement was provided.
N/A
N/A
Application and supporting
documents (Attachment 1)
Yes
Yes
No structures (i.e. buildings) are Yes Yes
being proposed. Elevation of solar
arrays and fence provided with site
plan (Attachments 1 and 2)
Application and supporting I Yes I Yes
documents — including EA and
Phase I Environmental Assessment
(Attachment 1)
Application and site plan Yes Yes
(Attachments 1 and 2)
Development Schedule 2.7.3(B)(10) Application— Narrative (Attachment Yes Yes
1)
Extended Vesting Request 2.7.3(B)(11) Not requested by applicant N/A N/A
143
REQUIREMENT
UDO
SUPPORTING EVIDENCE
Staff
Planning
Board
Recommen
dation
NOTIFICATION REQUIREMENTS
Public Notice
2.7.6(a)
Staff comment(s) that Planning
Yes
Yes
• Date
Board meeting was properly
• Time
advertised as required by the UDO.
• Place
Notice for Public Hearing shall be
sent in accordance with UDO with
documentation denoting compliance
with same provided as part of the
agenda packet.
Published in Newspaper
2.7.6(b)
Staff comment(s) that Planning
Yes
Yes
• Two successive weeks
Board meeting was properly
• First notice at least ten days prior
advertised as required by the UDO.
but no more than twenty -five
Advertisement for Public Hearing
days prior
shall be in accordance with UDO
with documentation denoting
compliance with same as part of the
agenda packet.
Sign Posting on Property (at least 10
2.7.6(c)
Staff posted sign for NIM on
Yes
Yes
days prior)
December 1, 2017; and on
December 22, 2017 for the Planning
Board meeting.
Mailed Notice
2.7.6(d)
Staff mailed NIM notices on
Yes
Yes
• First Class Mail
November 27, 2017, and Planning
• All adjacent property owners
Board notices on December 22,
(within 1,000 ft.)
2017. Staff to mail Quarterly Public
• Not less than fifteen days prior
Hearing no later than January 26,
2018.
144
REQUIREMENT
UDO
SUPPORTING EVIDENCE
Staff
Planning
Board
Recommen
dation
SPECIFIC STANDARDS
Waste Disposal
5.3.2(B)(1)
Both Environmental Health and
Yes
Yes
Method and adequacy of provision
Solid Waste have indicated they
for sewage disposal facilities, solid
have no concerns. As there are no
waste and water service.
structures (i.e. office) there will be
no septic system on the property.
Conditions are recommended to
require Solid Waste Permit as part
of development process.
Safety
5.3.2(B)(2)
Orange County Emergency Service
Yes
Yes
Method and adequacy of police, fire
staff and the Sheriff's office have
and rescue squad protection.
indicated the project can be
served.
Vehicle Access
5.3.2(B)(3)
There will not be an appreciable
Yes
Yes
Method and adequacy of vehicle
traffic increase in the area
access to the site and traffic
associated with the development of
conditions around the site.
the solar array.
The applicant obtained a new
driveway permit through NC DOT
on May 3, 2017.
The proposed access easement to
US Highway 70 will be recorded
prior to development.
145
REQUIREMENT
UDO
SUPPORTING EVIDENCE
Staff
Planning
Board
Recomm
endation
STANDARDS for Solar Arra — Public Utilit
Site Plan
5.9.6 (C) (1)
Application, Applicant Testimony,
Yes
Yes
A site plan prepared in accordance
(a) through
Staff Testimony, and Site Plan.
with Section 2.5 of and 5.9.6 (C) (1)
(d)
Site plan provides elevations for
inclusive of UDO
proposed arrays, fencing and
landscaping.
The application, EA and Phase I
Environmental contain required
soils information and reports
(Attachment 1)
Standards of Evaluation
5.9.6 (C) (2)
Application, Applicant Testimony,
Yes
Yes
On -site utility and transmission
(a)
Staff Testimony, and Site Plan
lines placed underground when
(Attachments 1 and 2).
feasible
5.9.6 (C) (2)
Application, Applicant Testimony,
Yes
Yes
Height of array shall not exceed 40
(b)
Staff Testimony, and Site Plan
ft.
(Attachments 1 and 2).
5.9.6 (C) (2)
Application, Applicant Testimony,
Yes
Yes
Individual arrays shall be designed
(c)
Staff Testimony, and Site Plan
and located to prevent reflective
(Attachments 1 and 2).
glare toward inhabited buildings on
adjacent property and rights-of-
way.
Warning signs concerning voltage.
5.9.6 (C) (2)
Application, Applicant Testimony,
Yes
Yes
(d)
Staff Testimony, and Site Plan
Attachments 1 and 2).
Mechanical equipment and arrays
5.9.6 (C) (2)
Application, Applicant Testimony,
Yes
Yes
shall be enclosed by a minimum 8
(e)
Staff Testimony, and Site Plan
ft. high fence and screening per
(Attachments 1 and 2).
Section 6.8 of UDO.
Proof of liability insurance —
5.9.6 (C) (2)
Application and Applicant
Yes
Yes
minimum of $500,000.00 per
(f)
Testimony (Attachment 1).
occurrence.
Type D land use buffer around
5.9.6 (C) (2)
Application, Applicant Testimony,
Yes
Yes
perimeter of project
(g)
Staff Testimony, and Site Plan
(Attachments 1 and 2).
146
REQUIREMENT
UDO
SUPPORTING EVIDENCE
Staff
Planning
Board
Recomm
endation
STANDARDS for Solar Array — Public Utility (continued)
Decommissioning of solar facility
5.9.6 (C) (3)
Application, Applicant Testimony,
Yes
Yes
(a) through
Staff Testimony, and Site Plan
(f) inclusive
(Attachments 1 and 2).
Applicant acknowledges
requirement and agreed to the
condition in the event the use of
the site as a solar array — public
utility is ceased.
147
REQUIREMENT
UDO
SUPPORTING EVIDENCE
Staff
Planning
Board
Recomm
endation
SPECIFIC STANDARDS
In accordance with Section 5.3.2 (A) (2), the Planning Board shall also consider the following general
conditions before the application for a Special Use can be approved.
NOTE: Planning Staff will provide a recommendation on these items during the January 10, 2018 Planning
Board meeting once the applicant provides required information.
The use (will / will not) maintain or
Section 5.3.2
Application package and
Yes
Yes
promote the public health, safety and
(A) (2) (a)
testimony from applicant and
general welfare, if located where
their subject matter experts on
proposed and developed and
how the project complied with
operated according to the plan as
the UDO.
submitted.
I
REQUIREMENT
UDO
SUPPORTING EVIDENCE
Staff
Planning
Board
Recomm
endation
Section 5.3.2
Application package and
Yes
Yes
The use (will / will not) maintain or
(A) (2) (b)
testimony from applicant and
enhance the value of contiguous
their subject matter experts on
property (unless the use is a public
how the project complied with
necessity, in which case the use
the UDO.
need not maintain or enhance the
value of contiguous property).
Section 5.3.2
Application package and
Yes
Yes
The location and character of the
(A) (2) (c)
testimony from applicant and
use, if developed according to the
their subject matter experts on
plan submitted, (will / will not) be in
how the project complied with
harmony with the area in which it is
the UDO.
to be located and the use is in
compliance with the plan for the
physical development of the County
as embodied in these regulations or
in the Comprehensive Plan, or
portion thereof, adopted by the Board
of County Commissioners.
149
RECOMMENDATION:
Staff has not received any comments from local residents and property owners indicating they do not believe the
proposed facility complies with the provisions of Section 5.3.2 (A) (2) inclusive. These standards include
maintaining or promoting the public health, safety, and general welfare, maintaining or enhancing the value of
contiguous property, the use is in harmony with the area in which it is to be located, and the use being in
compliance with the general plan for the physical development of the County.
Staff has reviewed the application, the site plan, and all supporting documentation and has found that the
applicant complies with the specific standards and required regulations as outlined within the UDO with respect
to the submittal of required information for the project.
Provided the Planning Board finds in the affirmative on the specific and general standards as detailed herein, and
no evidence is entered into the record demonstrating the applicant has either:
a. Failed to meet their burden of proof that the project complies with the specific development standards for a
school; or
b. Fails to comply with the general standards detailed within Section 5.3.2 (A) (2) of the UDO, the Board
could make an affirmative recommendation on this application to the BOCC.
In the event that the Board makes an affirmative finding, staff recommends the attachment of the following
conditions:
1. In accordance with Section(s) 6.13 and 6.21 of the UDO, and consistent with the
approved application, the applicant shall maintain and preserve the area in the
northeastern corner of the property encumbered by the Special Flood Hazard Area
(SFHA) as depicted on recently adopted FEMA Flood Maps, and the associated 80 foot
wide adjacent stream /floodplain buffers.
With the exception of installing public and /or private water and /or public sanitary sewer
and /or the removal of dead, diseased, or dying plant materials, this 4.25 acre area shall
remain undisturbed as required within the UDO.
2. In accordance with Sections 6.13, 6.21, and 5.9.6 (C) of the UDO, the applicant shall
cause a formal and detailed landscape and tree preservation plan to be submitted and
approved by the Orange County Planning Department within 180 days from the approval
of this Special Use Permit. This plan shall also incorporate the preservation of
environmentally sensitive areas such as jurisdictional streams, wetlands, floodplain
areas, and all required stream /floodplain buffers.
3. In accordance with Section 7.14 of the UDO, the applicant shall cause a plat to be
submitted and recorded to illustrate all lease, access, and utility easements on the
subject area.
4. Per Section 2.5 of the UDO, the applicant shall complete and submit a formal application
to the Orange County Inspections Department requesting authorization to commence
construction of the proposed solar array. The application, including all applicable fees,
shall be submitted within 180 days from the approval of the Special Use Permit.
5. To ensure public safety as outlined in Section 5.3.2 of the UDO, the Orange County Fire
Marshal's office shall review and approve the final site plan and ensure that any and all
modifications be made to address fire code and access issues prior to the issuance of
the permit authorizing the commencement of land disturbing activities.
150
6. To ensure public safety as outlined in Section 5.3.2 of the UDO, the applicant shall
provide a detailed, scaled, map to the Orange County Fire Marshal's office and the
Efland Volunteer Fire Department denoting the location of all storage areas for batteries,
master cut -off switches, and other similar devices to ensure the protection of emergency
responders in the event of a catastrophic incident on the property.
This map shall be submitted prior to the issuance of a Certificate of Compliance (C of C)
by the County allowing for operation of the facility to commence.
7. To ensure compliance with the provisions of Section 5.3.2 of the UDO, the applicant shall
submit a Solid Waste Management application for the project within 180 days from the
approval of the Special Use Permit.
8. To ensure compliance with the provisions of Section(s) 2.5, 2.19, 2.21 and 5.3.2 of the
UDO, the applicant submit all necessary site plans, stormwater, grading plans, and
erosion control applications to the Orange County Erosion Control Division for review and
processing prior to development or land disturbing activity. These applications shall be
submitted within 180 days from the issuance of the SUP.
9. In accordance with Section 2.5 of the UDO, the applicant shall submit the approved site
plan and approved driveway permit to NC DOT for review and comment within 180 days
from the issuance of the SUP and provide planning staff with a copy of the issued permit.
10. In accordance with 2.7.14 of the UDO, the Special Use Permit will automatically expire
within 12 months from the date of approval if the use has not commenced or construction
has not commenced or proceeded unless a timely application for extension of this time
limit is approved by the BOCC.
11. In accordance with 2.7 of the UDO, if any condition of this Special Use Permit shall be
held invalid or void, then this Special Use Permit shall be void in its entirety and of no
effect.
151
MEMO" NDUM
TO: PATFUCK MALLErr, PLANNER IL ORANGE COUNTY PI►NNING & INSPECTIONS DEPARTMENT
FROM: JEFF SCOUTE- N, ORANGE COUNTY SOIJO WASTE M ANAGEMENT
SUBJFCT. OAKWOOD SOLAR FARM, LLC PLAN REVIEW COMMENTS- PLANS DATED 10/ml 7
DATE: NOVLMBF-R 16, 2017
I have completed my reviatv of subject plans and Ifind Mai the applicant has satisfactorily addressed
all of my commentsfrom the lost review.
As such, I Kwuld have no objection to the approval of dds plats.
Thanks for the opportunity to review and comment on these plans and please let me know if
you have any questions or wish to discuss this matter further.
ORANGE OUNTY SHEl FF
Sheriff Charles S. Blackwood
106 Egst Margaret Laic, Hfllsboraugh, Norai Car&nia 27278
919- 245 -29M
December 21, 2017
Patrick R. Mallett
Orange County Planning & Inspecdons
131 W. Margaret Lane, Suite 201
Hillsborough, NC 27278
Re: Oakwood Solar Farm Class A SUP
PIN 9835-02-9137
Ideas Mr. Mallett:
f�:c
17a�
152
C F)~I+CE OF THE
This fetter con&ms than the Orange County Sheriffs Office rues not foresee any issues with. the
Special Use Pcim -tit for the Oakwood Solar Farm. Given its locAtion in the unincorpoluted portion
of Mebane, my Office is respondble for providing lx,%v enforcement scivices to this area. I am not
aware of any safety issues related to this ration
If you have any questi+oins, please contact me via email at rslalo- chmood(u7 or
by phom at 19) 612.0003.
Orange County Sheriff's
153
Patrick R. Maliett
From: Jahn Kase
Sent: Thursday, December 21, 2{1712 :39 PM
Tea: Patrick R. Mallett
Cc: David Ward; Phil Vllaro
Subject; Oakwood Solar Class A SDP
Patrick-
Thee Environmental Health Section has no objections to the Oakwood Solar project located off US 70. The proposed project will
generate no wastewater and will not require the permitting of a private well. Should either of these two conditions change,
then the ownerslapplicants must submit applications for the appropriate permits.
John
John Kale
Interim Environmental Health Director
Phone: 519.245.2374 / Fax: 919.644.3006
' ebsite: http,//www., co.o ra n e.nc. uslenvh lth index.as
lop
HEALTH DEPARTMENT
rmpmving health, Inspiring change.
Please tell us how we are doing by taking this very quick survey. We appreciate your coMmr:nts,
https. / /wvi w surveymonkey corn r /EHSURVEY2017 -2018
1
154
Patrick R. Mallett
From:
Kirn Livingston
Sent:
Tuesday, December 19, 2017 12:38 PM
To:
Patrick R. Mallett
Subject,
Oakwood Solar
DCAPR has no additional comments nor objections to the re- approval of the Oakwood Solar Class A SUP.
Thank you,
Kira Livingston, Land Conservation Manager
orange counly
Department of Environment, Agriculture. Parks and Recreation
30 R re Rd CPO Box 5181) Mlsbomuo NC 27278
(911) 24S -2514 I wwwx naecauntyix gQyJDL4E$
155
Patrick R. Mall+ett
From:
Howard _ Flerning
Sent:
Tuesday, December 19, 2017 6,10 PM
To
Patrick R. hallett
Cc:
Molly Boyle; Craig Benedict
Subject;
Oakwood Solar Class A SUP (Revised)
Engineering 1 Stormwater Division has no revised or additional requirements, based upon the information provided in
this revised SUP application_
Sincerely,
Howard W. Fleming, Jr., PP
EngineeringlStormwater (Division) Supervisor
Oranoe County Plannina and Inspections Department
131 W. Margaret Lane (P.O. Box 8181)
Hillsborough, NG 27278
(919) 245 -25861 (W)
(335) 817-7865 (M)
hflemingQraneourwtync,g_ov
NOTE: Pursuant to North Carolina General Statute 132,
correspondence sent and received from this account its a
public record and may be disclosed to third parties.
Fr+Dm: Patrick R. Mallet#
Sent: Monday, December 18, 2017 3:17 PM
To: DAC
Cc Molly Boyle
Subject* RE., Next DAC Meeting: Thursday, December 21st
DAC Members,
Just checking in with everyone to ensure there are no comments or outstanding issues related to the Oakwood Solar Class A
SUP. If you have questions or comments please let me know by Wed. morning. I'm trying to prepare the Planning Board
packets etc. Thanks!
Very Respectfully,
Patrick R. Maltett, Planner la
Orange County Planning & Inspections [department
Phone: (919) 245 -2577
Fax: (919) 544 -3022
E -mail: pmallett@orangecountwn.c. qv
Orange County Planning Website: littp,-//www.oranpecountvnc.goy
Address:
131 W. Margaret Lane, Suite 201
P,Q_ Box 8131
Hillsborough, NC 27278
156
Patrick R. Monett
From:
James Baxter
Sent:.
Tuesday, December 19, 2017 11:52 AM
Tee:
Patrick R. Mallett
Subject:
RE; Next DAC Meeting: Thursday, December 21st
Patrick,
The applicant needs to be aware that the demolition of any structures, tanks, or buildings in accessing, preparing the Site, or
construction of the array will require demolition permits with the appropriate `all clear' for any asbestos or any chemical
contaminants. With the application there will need to be an engineered stamped plan of the array footings and any electrical
ruck footings.
Jaynes Baxter
OC Building Inspections
i b a xte r o ra nee cou ntv nc. ao v
919 - 245 -2606 o
919 - 717 - 11:156 rn
From: Patrick R. Mallett
Sent: Monday, December 1.8, 2017 117 PM
To: [SAC
Cc, Molly 80yie
Subject: RE: Next DAC Meeting: Thursday, December 21st
DAC Members,
Just checking in with everyone to ensure there are no comments or outstanding lssues related to the Oakwood Solar Class A
SUP. If you have questions or comments please let me know by Wert. morning. I'm trying to prepare the Planning Board
packets etc. Thanksl
Very Respectfully,
Patrick R. Mallett, Planner II
Orange County Planning & Inspections Department
Phone. (919) 245 -2577
Fax: (914) 644 -3022
E-mail. prnallett orangecougt n�+ e.&ov
Orange County Planning Website: htt1)= 1 %ww"w_oran[?ecountVnC.Rou
Address:
131 W. Margaret Cane, Suite 201
P.O. Box 8181
Hillsborough, NC 27278
Pursuant to North Carolina General Statute 132, correspondence sent and received from this account is a public record and may
be disclosed to third parties.
157
Patrick R. Mallett
To: Chuck Edwards Contact; DAC
Cc: Molly Boyle
Subject: RE: [External) RE: Next DAC Meeting_ Thursday, December 21st
Front: Chuck Edwards Contact
Sent: Tuesday, December 19, 2017 8:59 AM
To: Patrick R. Mallett; DAC
Cc: Molly Boyle
Subject: RE: [External] FEE: Next DAC Meeting: Thursday, [?eternber 21st
Oakdale Solar:
NCDOT previously issued an approved driveway pernmit for this site on 05f03/17. The permit is in good standing and based on
the information submitted, it dines not appear that additional NCDOT approval or action is needed.
Charles N. Edwards Jr., FEE (Chuck)
District Engineer
N. C. Department of Transportation
Division of Highways
Division 7, District 1
:336 570 6833
cnedwards@ncdot,�Lav
115 East Crescent Square Drive
P. 0. Box 766
Graham. NC 27253
Ernail correspondence to and from tops addfess is sahjoct to the
Notth Carolina Public Records Law and may be disclosed to third parties-
%TLF
s� 158
I�
STATE OF NoRi m CARCtLINA
DEPARTMENT OF TRANSPORTATION
ROY C00PER
100VERNOR
May 3, 2017
ORANGE COUNTY
Kyle CampbelI
ESA Renewables, LLC
4155 St, Jens Pkwy., Smite l 100
Sanford, F1, 32771
SUBJECT; Driveway Permit for O kwmd Solar Farm
Located on US Hwy 70
Dc.ar Mr. Campbell.
JAN4ES H. TRoGDON, III
SECRETARY
Attached for your files is a copy of the Driveway Permit properly executed. The approval of this
permit is also subject to tho attached special provisions. This permit is valid for one year frnln
the date of approval. A written request is needed for an extension. You will need to submit a
request by May 3, 201 S.
When the work has been completed, notify DeAngelo Jones by letter at P. 0. Box 766, Graham,
NC 27253 -0766 so that a final inspection can be made. If you have any questions, please contact
Mr. ,tones at (336) 570 -6833.
Sincerely,
C. N. Edwards, P.E.
DISTRICT ENGINEER
Attachmcmts
twT E[djj
cc: J. M. Mills, P.E., NCDOT Division Engineer
Town of Mebane
DPA0503I7 -0 -I Oakwcud Solar Farm
A'ktm tg'4dclrrss' Wrphw - (336) 57MR33 Loewkn
NC DEPARTMENT OF TRAIVMRTAnON Fax: (3 36) 57MI76 1 t 5 EAST CRESCENT SQUARE DRIP£
DIVISION 7, DISTfUCT I Cwtomer Servor 1- 977 --#-4 GRANAM, NC 27251
PQ BOX 766
{IMHAM, NC 27253 -4766 IIreiWio; www.ncriat.gov
159
DIUVEWAY PERM1l`lf' SPECIAL PROVISIONS
I. A copy of the permit and the approved plans stamped by NCDOT will be on the site and
vgilable for inspection by NCDOT personnel while in construction is on progress. if safety
or traffic conditions warrant such an action, NCDOT reserves the right to strap all work
unless evidence of approval unrk he shown.
It will be nceessary for you or your contractor to notify Mr. DeA.ngelo .Jones, Assistant
District Engineer, upon receipt of this letter to schedule a mandatory Preconstruction
Conference, to provide your anticipated date of starting or to review any plan revisions
made by the District Office prior to construetiois beginning on this permit. Mr. Jones
can be reached at (336) 5701 -6833 between the hours of 8 :00 a.m. and 5 :00 p.m. Monday
through Friday..
3. When working within NCDOT right of way, District Personnel, Shawn Smith, shall be
notified hventy- four (24) hours in advance at telephone number (336) 570 -6833 for
inspection at each of the rollawing phases: (A) Drainage, (Ii) Grading, (C) Placement of
base, (D) Paving, (C) Seeding.
4. When the work has been completed, please notify i1r'ir. Jones by letter at P.O. Box 766,
Graham, North Carolina 27253 -0766 in order that a final inspection can be made.
WORK ZONE TRAFFIC CONTROL QUALIiFICATIONS AND TRAINING
PROGRAM- Effective July 1, 2010, all flagging operations within I+ICDCYr Fight of Way
required qualified and trained Work Zone F1agf ers. Effective July 1, 2011, qualified and
trained Work Zane Traffic Control Supervisors will be required on Significant Projects.
Training for this certification will be provided by l'dO:DOT approved training sources and/or
private entities that Dave been prc approve d to train thennscives, if you have questions, visit
our 'web site at %vww.ncdot.oreldoh /preCGnst_ ruction / %vztc/wztetrainiggRi- gani /d fault htpnl or
contact Stuart Bourne, 1I.E. with NCDOT Work Zone Traffic Control Unit at (919) 250-4159
or sbourgi3Oa ncdot.gov.
& That the party of the second part agrees to provide: traffic Control devices, lane closures, road
closures, positive protection and/or any ether warning or positive protection devices
necessary for the safety of road users during construction and any subsequent maintenance.
This shall be performed in conformance with the latest NCDo,r Roadway 'Standard
P- i.oa_and_ Standard Specifications for Road and Structures and Amendments or
Supplements thereto. When there is no ,guidance provided in Roadway Standard Drawings
or Specifications, comply with the Manual on Uctif_ um Traffic Control Devices for Streets
and Ifighway and Amendment. or Supplement thereto, Information as to the above rules and
regulations may be obtained from the Division Engineer of the party of the first part.
7. Work requiring lane closure or restrictions will not be allowed between 7.00 arm — 9.00
am and 4:00 p.m, — 7:00 p.nr. Monday through Friday uariess othernvice curetted by the
District Enf ineer or as shown ost the approved [)lams.
8. At, least one lane of traffic shall remain open at all times.
9. Any work requiring equipment or personnel within 5° of the edge of any travel lane shall
require a Rine: closure with appropriate taperg.
160
1€1. The District Office roust be consulted if there are any changes in the plans as they were
submitted.
11. Any damage to roadway, structures, or associated appurtenances shall be restored to its
original condition as directed by the District Engineer.
12. Excavation material shall not be placed on the pavement. Drainage structures shall not be
blocked with excavation material.
13. The applicant shall comply with all applicable federal, state and local environmental
regulations, and shall obtain all necessary kderal'r state and local environmental permits,
including but not limited to, those related to sediment control, storm water, wetland, streams,
endangered species, and historical Sites.
14. Trenching, bore pits, and other excavations within the safe recovery area shall not be left
open or unprotected so as to expose motor vehicle or pedestrian traffic to unsafe conditions.
The contractor shrill comply with all OSHA requirements and provide a competent person on
site, to supervise excavations at all times.
15. All suitable backtill material Shall be compacted to 95Va density in the shoulder areas, I 001
density under pavement areas and in accordance with AASHTO T99 as modified by the
North Carolina Department of Transportation. Note if contractor starts before weather
conditions improve, then the existing material removed shall be replaced with suitable
material as approved by the District Engineer so that proper compaction can be obtained,
Certified compaction test results are to be submitted to the District Engineer upon request.
16. Excavation within 500 reet of a signalized intersection will require notification by the
applicant to Sheet Bordeaux, Electronics Technician III at telephone number (336) 375 - 5477..
All traffic signal or detect cables must be located prior to excavation.
17. Before planting any landscape within the right of way, the encroaching party shall submit an
application for a planting permit to this office. The permit must be approved prior to the
installation of"any plans.
18, All disturbed areas shall be repaired with the following rate of seed, rertilizer and limestone
in pourids per acne, and the areas properly mulched and tacked:
25# Reliant Ward Fescue
100# Alta or Kentucky 31 Tall Fescue
259 l enblue Kentucky Bluegrass
I00Ii# 5 -10 -10 Fertilizer
400110 Limestone
19. For your general information.
The $50.00 inspection fee for this driveway connection was paid by check.
(Check #22927)
161
KC, DEPARTMENT F TRANSPORTATION I APPLICATION IDE f I=[ + C
vi !way C, a. e of STRICT AND DRIVEWAY AG ESS
rmitNo.
unty, orange PERMIT r PPLICKFI1: N
wale meat Name: Oakwood
LOCATION OF PROPERTY
ute/Road: US Hwy 70 -
act Distance 1306 F1 Miles N S E W
Z Feet El El D
)rn the Intersection of Route No- SIR 1384 and Route No- US HWY 70 Toward SIR 1402
]perty Will Be Used For. ® Resideniiai 1$uWivislinn la Comrr mial ❑ Educ&Vonal Fae litles 1] TNT! [3 Ernergency Seuulces I1 Other
)oerty: ❑ is 0 is net wit* MebaneI _P4 Ze
* 1, the undersigned property owner, request access and permission to construct driveways) or street(s) on public right-
of-way at the above Icca tic rk.
+ I agree to construct and maintain driveway(s) or street entrance(s) In absolute conformance with the current "Policy on
Street and Driveway ,access to North Carolina Highways" as adopted by the North Carolina Department of
Transportation.
- I agree that no signs or objects will be placed on or over the public right -cif -way other than those approved by NCDOT.
- I agree that the driveway(s) or street(s) will be constructed as shown on the attached plans.
. I agree that that driveway(s) or streets) as used in this agreement include any approach tapers, storage lanes or
speed change lanes as doomed necessary,
. I agree that if any future improvements to the roadway become necessary, the portion of ddveway(s) or street(s)
located on public right- of -way will be considered the property of the North Carolina Department of Transportation, and
I will not be entitled to reimbursement or have any claim for present expenditures for driveway or street construction.
■ I agree that this permit becornes void if construction of driveway(s) or street(s) is not completed within the time
specified by the " Policy on ,street and Driveway Access to North Carolina 'Highways ".
. I agree to pay a $50 construction inspection fee. Make checks payable to NCDOT. This fee will be reimbursed if
application is denied,
I agree to construct and maintain the driveways) or street(s) in a safe manner so as not to interfere with or endanger
the public travel-
• I agree to provide during and following construction proper suns, signal lights, flaggers and other warning devices for
the protection of traffic in conformance with the current 'Manual on Uniform Traffic Control Devices for Streets and
Highways " and Amendments or Supplements thereto. Information as to the above rules and regulations may be
obtained from the District I ngineer-
■ I agree to indemnify and save harmless the hlorth Carolina Deparlrnent of Transportation from all damages and claims
for damage that may arise by reason of this construction,
. I agree that the North . Catalina Department of Transportation will assume no responsibility for any damages that may
be caused to such facilities, within the highway right -of -way limits, in carrying out its construction.
I agree to provide a Performance and Indemnity Bond in the amount specified by the Division of Highways for any
construction proposed on the State Highway system.
The granting of this permit is subject to the regulatory powers of the NC Department of Transportation as provided by
law and as set forth in the N.C, Policy can Driveways and shall not be construed as a contract access paint,
I agree that the entire cost of constructing and maintaining an approved plivate street or driveway access connection
and condilfions of this permit wv.ill be borne by the property owner, the applicant, a pq and
assignees-
- I AGREE TO NOTIFY THE DISTRICT ENGINEER'S WHEN THE PROPOSED'i,'tiI GINS �4N
COMPLETED. BEAR 2,q
N,C, Debt, of Transoortatiorl
Division of ij1gt11Va }'s - 7th Div.
District f r.1-a
2%4417 NOTE: 8ubrnit Four ogles of Application to I� sl District Engineer, N,C. 0$pariment of Transporta�icn r°fE136544t err.
15 1 -03&18
162
SIGNATURES OF APPLICANT
PROPERTY G NER (A�ICANT)
-
WffN SS
ran
COMPANY
NAME
SIGNATURE
SIGNATURE
ADDRESS
ADDRESS
_
Phone Flo.
AUTHORIZED AGENT
WITNESS
COMPANY
L A
NAME
SIGNATURE
ll
SIGNATURE
ADDRESS
P,fy- sk
1100 ADDRESS
-- Phonew.
APPROVALS
APPLICATION RECEIVED BY DISTRICT ENGINEER
4
ATE
SIGNATURE
APPLICAT10N APPROVCC BY LOCAL GOVERNMENTAL AUTHORITY (wilon required)
SIGNATURE
TITLE
OAT'E
APPUCATIONAPPROVED 8Y DISTRICT NGINEER
la
6 SIGNATURE
OATf
INSPECTION BY NCOOT
SIGNATURE
TITLE
DATE
COMMENT'S.
VERIFICATION OF COMPLIANCE W,i'i`H
ENVIRONMENTAL REGULATIONS
(Check AR Appropriate Boxes)
®Permits from the N.C. Department of Environment and Natural Reso+irces and the
U.S. Army Carp of En gIneers are not required for this project-. However, a] I
applicable federal and state regulations have been followed.
The requlred permits from the N.C. Department of Envrtronment and Natural
Resources and the U.S. ArMy Carp of Englneers have been obtalned' for this project.
Copies of permits and Completion Certll<icates are attached. o, frooKS 0f
❑All applicable NPIDES Storrnwater Permit requirements have been met for this project.
(The applicant should contact the N.C. DIv IsIon of Water Quallty in Raleigh to
deterrnlne If a stcrrnwater permit Is required.)
L—JThe project is in compliance with all applicable sedimentatton and erosion CE)ntrot
laws and regulatiorvs.
Project Marne: Jet z4,a a Cf so/,,,
Township, County; Yw?r7fS e--
Project 17 J4 r ,S i� l ';l Phone No.; 2 S l -7/q- 0 `
Protect Contact: /e" l _ fd,'S
Applicants Name: 1�+ J c.,ei�. 41e �
Date Submitted: 3-2-3-17
{51'�M1t 1.11 � 1 �1 PP�IddJ,�y�.
�4
Ls
DRIVEWAY CERTIFICATION
Project: O& ,. .; , L Date: 7-L/-/7
I certify that the proposed development does not create a diversion of natural
and/or historic surface runoff onto NCDOT right of way Including
but not limited to skate road _V.5 - i� k/ Y 70 or any other adjoining
properties and that the minimum pipe size for the subject driveways are as
follows,
*
Minimum pi a Size
*1
52' of 15" RCP (Existing)
7
#2
I further certify that there are no Intersecting streets within 500` of the
proposed site other than those shorn on the attached plan and that the
8vallabie clear sight distances (Le, Unobscured from trees, brush, vertical
and/or horizontal curves, cut sections, etc. ) for the proposed driveways and the
speed llrnit Information are as follows:
-D /W
Left Sight Distance
tight Sight Distance
#1
7
#2
-
*3
Speed Limit: mph
CAR
5� � e+ •�r. °f� l
SEAL
Name:
Signature.
Registration Number: - - 3 9
164
I
State En vironmenlol
Review Clearinghouse
ADMIrca AILON
July 25, 2016
Mr. PatrIck Mallett
]range Comity
Grange County Planning & inspections Dept.
Lost office Box 8181
HIllsborcuoh, North Carolina 27278
165
Kathryn Johnston
Semmry
J. Brtan Ratfcdgc
GenamiC`berr, l
Re: SCH rile ft 16- E- 0i][11i 0397; EA; Proposal its for the development of a solar facllity on a
27.3 acre parcel located at 6517 US Highway 76, Mebane, IBC (submitted pursuant to
Orange County SEPA ordinance)
Rear M r. Mallett:
The above referenced environmental impact Information has been reviewed through the State
Clearinghouse under the provisions of the North Carolina Environmental Policy Act.
Attached to this Better are comments made in the review of this document. Because of the
nature of the comments, it has been determined that no Further State Clearinghouse review
action on Vour part Is needed for compliance with the North Caroilna Environmental Policy Act..
The attached comments should be token Into consideration In project development.
Attachments
cc,. Reglart J
Sincerely,
Cry+sta Best
State Environmental Revlew Clearinghouse
t ofhing ompares. _
Statt of Nov 1) Caroltna I Adm§nistrat[.on
A6WejonesS 1. 1001Mzg ]Seer+boe Center IRalelgli,NC276` -1301
state.cterulrfJ}�oLASC c1oe.��e.gov 1 9199072419 T
166
PAT MCCRORY
egmFlor
D 0 N ALD A, VAN 9 Eli VAAR T
Socreroey
,YnWronnienfal
Quallty
MEMORANDOM
Tn; crystal Best
state clearinghouse CoordInatGr
Departmerit otAdmInIstration
FROM! Lyn H a rd I sant
DIVI's Ion of Eflvlr�nmv ntal Asrs[stRince and Custa mer Sis Moe
Permit Assistance & Project Review Coordinator
RE, 16-OM
Environment,il Assessment
Proposal is for the development of a solar f"111 ty on a 273-acre parcel located at 6517 US
Highway 70, Mebane NC
Orange County
Date, July 19, 2016
The Depa r krne nt of e nvlronme ftt' al QU;1 11 tV has reviewed the pruposa I for the ref orem cod pf oJect. based on the
Information provided, several of our agencies have IdentIfied permits that may be required and offered some
guidance to m1nimize Impacks to the flatLlral resources within the project area. The cornments are attached for
the applicant's review.
The 1)epartment's agnncles wIllconflnue to be avall@ble to assist t1irt appllcant through the environmental review'
processes.
Thank you fur the oppo rku nity to respond.
Attachment
Sqate 43P NOrlb CRID111AR I Environroarnal 6ALY
943 Waswington Rviarm Mail I V&Mllngton, rionh CaroW 2-1889
2 2.94a-64m
167
B New Carolina Wildlife Resources Commission
C
rttrdon Myers, > xteutiv� Dlrcolor
MEMORANDUM
TO: Lytt Rardison, Envlronmontol Assistance and SEPACa ordinutor
NCDENR IN vision of Enviromncntal Ass lW wlco and Customer Services
FROM: Gabricla Garrison
Eadem Pledtrtout Coordinator.
Habitat Conservation
DATE: July 19, 2016
SIJI3, T., Co mierols an Oakwood Solar Fame L.T.C, Solar Facility fin Orange County; Project
Number 16-0397.
alologlats with the North Caeulina Wildlife Rewurces Coin mission (WC'1TiiR have rcvlewod IN
proposed project desoripticn. Comments era provided in accordance with certain provisions of the Norlh
Carolina 1mvirunrnentel Policy A01(G.. 113A -1 lhrmigh 113A -ill; I NCAC25) and the Cish and
Wildlife Coordinalion Act (48 Stat. 40 t. as arnmxW; 16 U.S.C. 661 at seq.),
Nkwood Sohir Farm, ,1..'L proposes to trona, nM a, solar rholiity in Orange County. The site would be
located at 6517 US H Ighway 74, Cast of Mobnrm. A Map of ft proposed location (provided W111) 1110
applicatiork rnocri als) suggests the project is sited on bath of red and fomated land. Clearing trees from
This afte and fwall Ing solar panels wail displace wildl Ife species. InstaNing aolair panels on previously
cleared and disturbed land will have loss impact and is thwforo the prr.ftred option. Mar projects
should 'be sited to avoid impacts to we4lanes, streams, rlpartan buffers and pr[orlty wildlife habitat.
Aerial maps and Images lndieW tributaries to Lake tM'f lcbael flow thpough the eastern and 'western
portions of the project site. There hevo also been wetlands dellrneatM onshe. 'Tha NC'Wk oMrs the
1101 [owing r000rnmondatdorrs to minimize lmptdcts to aquatic and terrestrial wildlife resources.,
1. Maintain or establish a minimum [00 -foot undisturbed, native Comted buffer along each side of
pe;rennia] streams and 50 -ibot undisturbed, native fb=lod buffer along each sloe ofJ'ntermJfJant
streams and wetlands. d'4rG34cd riparian buffers prvitle habitat errs earl travel corridors for
wildlife species. In. addition, forested rdparlan buffers proaeot water quality by-stA lizingstream
Wri ks mid f lteritig stonuwatcr runoff.
2. Use bridges fnr all permanent roadway crossings of streams and assoolttled w0ands to elkninatc
the need to fill and Culvert, where practicable. if culverts must be used, the ttdtivact should be
designed to nilow aquai.ie life passage. Fords rnad be oppmpriatc and ¢referred for iniennittenl
slreart oronings or where aussl ngs will be used onLp once or twice a year. For fords, crossings
Mail lag Add ressr Habitat Conservation -• 1721 Mall 9erviceCmter . italeigh,NC 276" -1721
Telephone- (9[9)'107-0220 • Pax. (919) 707 -4ff28
W:
Rags 2
July t$, 2416
Oakwood Solar farm, LIJC.'
Dittk X Project No. I6 -097
in riffles are preferred with th6 baAs lowered upstrom and dowrrstreant of the crossing,
Stabilize the sim aim bottom whit goo- textile fabric and rock, concrr to should not be used for bed
stabilization,
3. The. solar &clllty W11I connect to existing u11lily fines; imp4p s lo wildlife hobltat whll be
minlm.ircd by connecting at on pathways Ihat deg not contain quality wildlife habitat, such as
cla ±sred or socArrtural land, if addltional overhead transrttisslorr Knee will be imtalled, measures
to minimize impucis to birds should bo implemented, These can Include increasing line v1siblllllp,
irtstilating wims to cover exposers connections and Increasing the distance between wim $a no
eontut with gfound or other enerjlxed wtro can be mode. For more information see
hl! . W t 4cvJlr1- ticrc r
4. Consider planting native, wildflowor m, d mixes that wit[ anmlo poillnator habitat withlf3 the
project boundary. Shade- tolerrani plants that ark wllhin 12 to 18 Inches part be selected for
plawtngs both tmdernealb and aarourrd the solar panels. Pot]InMor habitat can also be created irr
buffer areas outside of ft panel region, further informsilon and rh* technical I;Wdance 1100 the
NC WIt_C Is available upon request.
S. I f pesticldes or chemicals veil I N used for site rnalnlennnee, stOrvnwftitcr runoff from the situ
should be funneled to biro - retention areas prior to disobarge to streams or wetlands. pesticides,
forti[izxrs and atha= chemicals should nex be used in wetland areas or near streams.
6. Sedl ment and erosion control measures should be inMpJlcd prior to any land clearing or
constructlan, The use of'blodargradable and wildiile�friondly sediment and erosion control
alevlces is strongly recommended. SJIt feneing, fiber rails andl'or other products should have
lotrse�_weave netting that is made of natural fiber matsrlals with movable j *i nta betwa on the
Vertical and Iron #zorrtal twine.$, Sill fencing or Similar Malerials that have been reinforced wilh
plastic or rneral mesh should be avoided as they Impede the mowrient ofterrestrr`nl wild][&
species, Excessive silt artd sediment loads can have detrimental effects cite aquallc resources
Including dealrucllon of spawning habitat, suffocnllon of eggs and elo&&A of gills.
71 Develop a plan that Identlfies the party responsible for decommissioning tk facifity as well as the
conditions trader which demnm[ssioniug will occur. In addition, the plan should emphasise Ihait
all ecidprnent miAst be removed from the site, and the land should be restored to pre construGlion
coalitions.
Thank you for the opportunity to review artd corruncat on this project, if I can be of further assistance,
please contact me at [9)0) 409-7330 or.14+rieln.gnrjji qn ewlldllft
169
SlUte of Nerth CIMAWL Review] ng Offi ce: Ra W&
Uepartlllant of Emvirrl>zment akld 141tUrIlI Re;10 c1rr
iN'C` RGOVE RNMENTALRIMP-W- PROJECrCOMMlr<NT Proje lNumbcr,k- DuoDaie: f"
County
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Vommi; fee kaAed A I p:rr"L4s& ar dre total L'xa,tti eml will 4c rcglrlrcd
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apps,�tnp]rJlom.
County MRANME
PPdNdM
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CAMA lllarnfd for MAJOR dovOop wnl
ProjeciNkimber. 1§-0397 Due Mflut 117 81 16
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and iephal4mk
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apetliicaloms sbmild be wbrnflltd Ip 1634 Mail Service Cow, Rakio, Nwh Cerailrsi 2709 -1634. MpAbIla wrler sdWy tystrin, must carnlily
with,itatp and ridemldrinking wiwmanilodn8.rnquimaric!n4s, For Moot In"fid� Un.460M CtCllirPul6k `H"AWSWySecrlvn.19141363.91M' ..�
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Rclwxe..%4 nPWIP weler Suppiyy aculrm al 1414 Mall Service Cepitf, ILrakagh, Npn1L CarCllni 27699•I61rf, Pea mare infannalPnn, cm1o.l 11K Itabrr.c
t4'iltr Supply Se€teoa, (91k9)'ial2 -9k0D_
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(,�4tgtnr?JtimG liznlq
k4 da}�
WA
kI}days
WA
13 -20 days
WA
64 day4
(1304ga)
SS days
{ 130 d�yaj
23 days
dl~�y
-- 45dpys
(WA)
y4days
3Ddays
L7fwlslon i
Irlifiais
No
Comments
cortlrnP..rlt
OAQ
ddrrl
DWg, WQRo S
(Attulfer & Surfecel
DS
rb
_
- A project that disturbs 1 acre or greater 15. reaaulred to secure an ara9ii011
arLdsedirnantatftin control plan and must cornpiy with ttlnstructlun
gormwamr permit carldidorrs (MCG€71[1 l
- Thlsilte and the Unnamed Tributaries drain to Lake Michael, a Water
Supply 11, H W, N5W watefs, In the Cape Fear River Basin. �prcrjerA is
Iomtod 1n Jordan lake WatershO)
-The USCS Topographlr map depicted blue 11rle Streams a ponds
adjacent W wblat pro] ectand %Wtblrl project (oatprint. (Notai the still
survey was not rolewed.)
-1 recornmend a site wish to ensure cornpllance with Ma 404 Permit,
401 Wuter Qua iltyr Certification requirements acrd riparian buffer
requlremoflts.
-if wetldnd, strimm or rip:>rlan buffer Impslct,%6repropaaed, thisty(oJecl
wlIC nLoud to comply with/secure a 404 pirmlt from the USAGE, obtain a
ADI Water QualkyCertiflcntlorl authorization, acid /or complywith tfie
Jordan lake Alparlan Rtiffer Rules,
.The project, is In a W5 II wall.( +r fitrcl, 1 he development will need to
canteet local fluwernrnant and corn ply with ~+rater ski pply watershed
fe4ulrements.
DWR VWS
DfMLR (LQ & SW)
JUi
�
Sediment and erosaorl contrcai Must he addressed in accordtinco with the
oi-err a County local Program _
DW I - usr
MRP
Febintiry I1,)015
Date
#review
�J35/16
a�ls�a<iy
Questions regotding these pernylls should be ntldreswd to the Itegiontil off'ir,.e workcd bolow.
❑ AxImille Iteglolstel Ofi1m
2090 US flighrwAy 70
WIltaAn[]A, NC 28778
(828) 2% -4500
1� i tyettevlllc Regionol Offtcc
225 North Crreen Sira:et, Suite 7 14
rnyottov:ll le, N(' 78301-5043
( 910) 413-ti:wo
i;Flananry 13, 101$
Mooresville: [Reglonnl Of its
610 Lass Comcr Afire oe, Suite 301
;biunrrtu111e,NL C29115
(704) 663 -1699
l�raielglt Reglviaal C1ff�era
380013211reit Drive, SuitiD In t
Ridoigh, NC 2760'
(9 19) 7914200
Q liVmlihingtnn Regional Offiet
943 Wasbington Square Melt
Washinginn, NC 27669
(252) 9445 -6481
D Wilmilagivlt RtRionral Office
127 C@riillml Drive Extensi8n
iImhigtm, NC 28405
(910) 796-7215
I-j Winston-Sid min Reglonal Office
450 W w lianas M ii I Rrsed, Suite 300
[Helen- Saalcm, NC 2710
(335) 771 -980D
171
RM
i?v
Was to manave+n alit
onviriOwleH IAL LIWA[ITY
Dam, July 19, 2016
172
To: h+llchael.Scott, Director
Division of Waste Management
Thruugli' Dave Lown, Fred
Federal Remedlatlon Branch
From'. Doug Rumford, Federal Ftemediatlon Branch
PAT KICCROAY
e:m„ ff
DONALD It. VAN DER VAr 1ZT
Frti 4KI,
micr[AEL SC017
OAWW
Subject, SERA Project 416-0397, Oakwood Solar Farm, Mebane, arrange County, Niarth Carolina
The Superfund Section has reviewed the proximity of CERCLIS and other sites under their Jurisdiction to
the corstruct[on of the Oakwood Salo Farm located at 6517 US Hwy 70, Mebane, Oran.ga County. The
proposed project will consist of developing approximately 273 acres of a 52.1 -acre parcel as a solar array
facility. The project will also Include a gated site access road and perimeter chain link fence,
one (1) site was Identified within one mlle of the project as shown on the attached map and in the table
below, The 5uperfrand Sectlon recommends that site files be reviewed to censure that apprGprlate
precautions are incorporated Into any ccnstructlorr activities that encounter potentially contaminated stall or
groundwater, Superfund Se!alan fifes Can be viewed at. tt nc, art a tau rjiv[s qns vaa.st'
an erxment /wraste rnana errient- rules to a doeurrll nts.
Please contact me at 919.707,$334 If you have any questions,
NONC000022,54 PAK -LITE open site on the In act Ive Hazardous Sites
InviPntor
Slak4r ?MM C#Mhu I ErnrifQGMMPJQual y I Waila h {Illi(YO-W
1618 MallSii+A6 {serer1217 Awtt$1i9r1IR .04Nhr276Y9,11V16
9193006 Tkwwt
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ENVIROMMUP140 a7L1A11Y
174
July 18,2416
To, hrlichacl Scott, Director
Division of Waste marawmeraf
Froa: Bill Htnirleiw, Eastern Region Compliance Supervisor,
Colrapliaatce Branch, Hazardous Waste Section
PAT MCCRORY
rxOh ALA R. VAN DK R VAART
MICHAEL SCOTT'
-,F-ow
Sub Pct. Hazardous Waasta Seztinn Commenis on coowucti on of a solar facillty loeased at 6517 US
Iighway 74, l+ obane, NC (Orange C:okJOY)
Project Number,- 16 -0397
The Hazar4ous Waste Section (HWS) has reviewed tlae subject Segying Request for t1143 prsaPOSOd
construction of as solar facility located at 6517 US Fltghw$y 70, Mebane, NCB (C3retst e [ okinty),
Any hazardous waste generaled from the tlea,rcrlition, coD%tructiopi, aperatinn. maintenaoce, andfor
rameditalioa>I (e..g. excrsvatud xoll) from The propmed project must be maraaged in ucc ordaaice witii ihe. North
0irollna Hozardoils W'm te. Rolm. The dr molltion, construction, operation, wnintcnance, and remediation
ectiwitics conducted will most likely generate a soild waste, nand at determinallon mw4i be Inade wheth -ur it
is a hazardous waste. if a project site generates more Iiaatla 220 pounds of hamzrdcaus waste In a caleadar
m anih, the )'1WS must be notified, and Ilse site mint comply wailh this small civantity generator reguiremews.
if a project site ge.neractos more than 2200 polinda of hazardous waste its a caylundar month, tho 14WS mats[
be notified, and tha focaility muss nomp[y with the large quantity generator rtqulrarnenis,
The proposed ,project site dries 1101 curr ntly helve an ex[sling EPA ldentlficaiiion murbers for the generation
of hmzardaus waste.
lwcluld rally yareetiails arise, please contacl [tae at 252.364- 8977.
Kind relg ds,
William Humieke
Eastern Rri,plon Compliance SupaMsinr
San P(Wrt},Cudbu p Eh%41C "?A1w1 Q911 ly I w8516aVa,I4JIi113411
1ia6Md1St ,rkaC*n1ac1211M0I— Slydal 1 R:06U1kX( 2?6W -16Ad
119-01 E200 7
rx.
P. A
Waste IN'rtnaotmCnd
DATB- July 12. 2016
175
PAT MCCRORY
u..r
DONi LD It. VAN, DER VAART
N.. ors
MICHAEL SCOTT
d!,,, ,.
To'. Michael Sc ll, DlvIsion Director through Sharon Brinkley wOr
Uro�
FROM: Dab Aja, Western Nstrict Supervisor - Solid Wash Section 2U l
Q*W*
l
P. 9111PA Review Projort 1f 16.0397, Orange, Co4nly
BSA. Renc+wubles mid Oakwood Solar Farm L,LC Solar array Profi t, Mebane
The Solid W8ste Section has reviewed (lie EnvlronmentaI Assessmant for the development of
a solar facility on a 27.3 acre parcel looted at 6517 US Highway 701 Mcbane, Orange County,
North Caroline[. The review has been completed and has seen no adverse impact on the
surrounding wmmunity and likewise knows of no situations In the community, which would
affect this project kotn a solid waste perspective.
During tits prujeot, every feaslble effirt AouId be made to minimize tkte generation of
waste, to re It materials for which viable markets exist, and to use recycled products and
matarirals in the developmentof this project where suitable, Anywastc Sarierated by this
project liar a nnot be benefrcisl ly retr d or recycled must be, di sposed of at a solid waste
management facility approved to rnax�age the respcctivo waste t, e, The Section strongly
recommends Lit any contractors are rewired to provide proof of proper disposal for all
waste generated Lis part of the projeet. Ak listofpermitted solid wwav facilities is available
online at: ]11t1ulclmxc. ovlabnuli€li io�t e f swm �a a tl1- �'tiles�
lose[ olid- wry €tsIC -iitl racility -jisl,
Please contact Mr. John Petrone, EnvironmentaI Senior Specialist, for wllb any questions
regarding solid waste, Mr. ['atronc may be reuchetl at (336 -776-9673 or by email at
Cc: Jason Watkins, Field Operations Brandt [lead
John Pajronc, Envjronrnpcntal Senior Specialist
Sarah Rim, Compliance Officer
AW orNWA CM0.1 m I FVYiMh11R M14 01NLY J Wwe AiUUg1*M
iC+ US 70 Ft rgr [5 WmAl, KC 2917E-1711
131 376 *001,
NORTH CAROLINA STAVE CLMRINGHOUSE
DEPARTMENT OF ADMINISTRATION
INTERGOVE=-)ENTAL REV3:Mq
COUNTYt ORANGE alit KN8RGY RELATED
FACXLXTTZS/ACT1VITIES
MS RENEE UJLUVIIILIP-EARLEY
CLEARTRGROUSE COORDINATOR JON 2 4
VWCR - DXV OF PARKS AND RECREATION I
MSC 4617 - ARCHIVES BUILIDING
"L8104 NC
REVZZW DISTR1=10N
DEPT OF ACRXCULTURE
DEPT OF ZWIRONZ,�KNTAL QUALITY
mEPT OF NATURAL & CULTURAL RESOURCE
DEPT or TRANgPORTATION
VNCR DIV Or PARKS AND RECREATION
DVS ))TV OF EMERGENCY MANAGEMENT
TRIANGLE J COO
PROaxeT Xffff OPMATION
7LppLTCANq,: orange County
,pypE.- State Enviropmexital P01iCY ACt
Environmental AsnessMent
176
STATE NUMERZ 16-E-0000-0397
DATE REQEIbMDC 06/21-/2016
AGENCY RESPONSEt 07/18/2DI6
REVIEW CLOSEDI 07/21/2016
C44 t.5 �I4-3
6
DESC: Proposal is for the developTnent of a solar facility an a 27,3 acre parcel located
at 6517 US Highway 70, Mebane, NC (submitted pursuant to Orange COUnr.y SEPA
o 'Linance)
rc
The attached project has been submitt6d LO 0a N. C. State Clearinghouse for
intergoverrimntal review. Please review and oijbmi• your reoponae by the above
indicated date to 1301 Mail Service Center, Raleigh Nc 27699-1301.
If addiLional review time iS needed, please contact this office at 019)807-2425.
rr-3
AS A RPSULT OF THIS REVIFW THE FOL&OWING 13 SUBMITTED1 [V COMW n COM ENT S ATIACRED
SIONW BY,. DATE:
Q
t
COUNTY: DIZANGE
NORTH CAROLINA STATE CLFARINGROUSE
DViJ,AR�kMNT OF ADRIMST.WPION JUN 2 3 41. p
XNTXRG0V8RkZ1ENTAL REVILU
H11 t ENERGY RET,A'i"=
FACILITIESIACTMTITES
ASS PAUTA CU"FrS
CT.EA INGROUSE C06RDXx+TATOR
TIPS - DIV OF EMMRGENCY MANAGEM "
nOODPLAIN MAMOEMEW PROGRAM
MSC # 4219
RALEIGH NC
UZF'T' OF AGRICULTURE
DEFT OF LN312tiOIdKOV' X4 QUALITY
DSPT OF NATVRAL & COLTUM RESOURCE
DEPT OF TRMSPORTATTON
DNCR - DIV OF PARKS A21D RECREATION
DP8 - DIV OF EMRRG Y MMAGEMENT
TRXANOLS J COG
AT='puck TI": Orange County
Ti"PE. State 18nvirpnmental Policy Act
Environmental AgeeBffinent
177
STATE NUMZERa 16- E- 0000 -0397
13ATZ MCEIVEAt 06/21/2016
RIZVZBW CLOSED: 07/17 /201.6
DESC: Proposal is for the development of a oular facility an a 27.3 acre Parcel located
at 6517 US Highway 70, Mebane, NC (aubmitteA purauant to Orange County SEPA
ordinance)
The attached - project has bew submitted to the N. C. State Clearinghouse for
intergovernmental review. please review and submit your reoponue by the above
indicated date to 130]. mail Service Center, Raleigh. NC 17699- 1311.
If additional review time is neaded, please contact this office at (919)BO7 -2125.
AS A RESULT OF THIS REiJ MW THE FOLWNIM IS SUBMITTED: N[1 CL11Vi+I1TNT 11 COMMEWS AT7', LmrSL
SIGNMD BY.,
Cr
cbx
i.
COUNTY: 0R7� Nr;Er
i)xx3AATbmNT pF AwrNiSTRATrON
INTERGOVERNMENTAL RIEV'IEW
H11: L,NERGY RELATED
FACILITIEWACTT ITIES
XS ASNBB WAMHIL,L- BART,9Y
CLSARIN aHOUSE COORiiINA=
DEPT OF NATURAL & WliTURAL ASSOURCE
STATH HISTMIC PRESERVATLON OPPICH
Mac 4617 - AiRcHIVES BUILDING
RALEIGH MC
REVIEW Dr8TRXZL Z0N
DEPT OF AGRICULT
DEPT OP ENURONMEMAL QUALITY
DOPT OF NATURAL AL & C[1VMRA.L RESOURCE
DEPT OF TRANSPOR'T'ATION
DKCR - DIV OF PARKS AND RECREATION
DPS - D V OF 3�=GBNCY MANAGEMENT
TRIANOI,E J COG
PROJIWT r to 1%xCW
APPLICANT ^: Orange County
'ITyPRt State Panvirmu ental Policy Acct
Environuwntal Assessmenr
a�
4
178
STATE NUMER: 16-E- 0000 -0397
DATE RECEIVRDI 0612112016
AGEUCY R8S1a0N8X3 0'7/18/2016
REVTP4 a CL4 SWs 07/21/2016
DESC: Proposal is for the developunent of a colux facility on a 27.3 acre pareel located
at 6517 us Highway 70, Mebane, L1C (submitted purauomt to Orange County SEPA
ordinance)
The attached project bau been submitted to the N. C. SSLate Clearinghouue for
i.atorgovernmental review. 'Tease review and submit your reegonee by the above
indicated date to 1301 Mail 5exvice Center, Raleigh XC 27699- 1301.
if additional review time iu naeded, pleaee contact this office at #919 h ai17 -1425.
AS A RESULT OF THIS RMVX THE FOLLOWING IS SCBMI'i"1SO: Ln NO COM T 1:1 COMMF..NTS ATTACHED
SIGNED BY:
rt
179
PLANNING & INSPECTiONS DEPARTMENT
Craig N. Benedict, AI P, Director
Crarrent Planning 131 W. Margaret Lane
(919) 245 -2575 Suite 201
(919) 644-3002 (FAX) ORANGE COUNTY P. O. Box 8181
www.orangecountyi,Lr-.gov NOIZ71 -1-I CAROLINA Hillsborough, NBC 27278
July 11, 2015
MESA Renewables
Oakwood Solar LLC
C/o Kyle Campbell and Javier Latre
4150 St. John's Parkway
Suite 1000
Samford, FL 32771
PE: Initial Site Plan Review for Class A Special Use Permit (Case SU16 -6003)
Orange County PINS 9635 - 92.9137 (site); and 9035 -10 -3858 (access)
Address; 6519 US Highway 70 West, Mebane, NC 27302
Dear Mr, Campbell and Mr. Latre:
Staff has reviewed your initial submittal documents for the above referenced
Class A SUP for a Solar Array- Public Utility. The materials were deemed complete
enough to start the staff review process. We do, however, have the following Staff
Comments to offer. These comments should be addressed prior to the Neighborhood
Information Meeting (NIM) on July 27, 2015,
Current Planning Comments:
1. Please add more labels and Faders to 8' foot- tall barbed -wire fence and reference
Orange County Development Ordinance (UDO) section 5.9,6 (C)(2)(e), Also show
fence detail. Also, provide leader to others boxes with text to clearly indicate the
areas the tent boxes are referencing.
2. Review note indicating the solar arrays will be less than 40' tall. Give true or
maximum height. I do not think you are intending to build 40' tall arrays.
3. Revise stated 40' and 20' building setbacks to 1.00', which is what is required for
non- residential uses, and solar array- public utility uses (see most updated site Plan
for nor- residential use),
4. Revise the address to 6519 Us Highway 79 (and not this is the location of the
easement area). 6515 US Highway 70 is the adjacent lot owned by the Mace
family but the subject area is not yet addressed..
e
5. Revise proposed use to reflect L) DO code language "Solar Array- Public Utility, "'
, Recommend that you consider adding a landscape plan to better address the below
comments.
7. Please consolidate the notes and clarify the Type D Land Use Puffer on the site
plan. Please provide Staff with a detailed drawing /rendering of a typical 100 ft_
section of the buffer. For every 100 ft, mote the number of plants to be planted per
the landscape requirements for the Type D Land Use Puffer, Also note that the
typical sections is to be applied where existing vegetation is removed or is
insufficient to meet the stated Type D buffer rate. Also label areas outside the
buffer that are to remain undisturbed.
8. Revise note 6 to also indicate species will be native, non - invasive and drought
tolerant.
9. Provide a general Gst or range of proposed landscape materials and consolidate
into a plank list -
10. Add notes and labels regarding existing vegetation throughout the site with species,
height and caliper size (measured at DI3H) ranges.
11, Indicate your limits of disturbance and tree save areas.
12. Provide a detail and/or cross section of the access easement and interior utility
drives.
13. Please demarcate the floodplain with appropriate buffers on the site plan with a
pattern or notation. Please do likewise with streams,
14_ Provide a legend on plans to make it clearer what symbology and hatches
represent.
15, There are several boxes without text and leaders to what may be the lease limits.
16. Please be advised and acknowledge on the plan that the SUP applies to the entire
parcel and not just the leased area.
17. Please label and note dimensions on all driveways throughout the solar array area.
18. Record and reference the access easement on the frontage lot,
19. Indicate that access easement will be free and clear of any structures and/or
obstructions.
20. Please also label and note the dimensions of the access easement leading to the
site.
21. The current site plan shows that the easerent leads into a driveway without
change in dimension. This implies the POP for the utility vehicles is 50' or that you
have these interior drives within easements_
22. Please also reference the book and page number of the recorded easement.
23. Consider having one version of the plan with an ortho -photo and one without. This
may make the plans easier to read and fallow.
24. Please identify the outlined boxes (3) with lines connected from the edges of the
solar array area to the boxes.
25. Please show more clearly the Parcel Identification Numbers {PINS} on the subject
areas to make clear distinction between the parcel with the proposed solar arrays
and the parcel from which an easement will be established.
6. Please ensure that the PIN is 9835 -02 -9137 (some of these numbers have been
transposed so that the PIN is inaccurate in some cases) can all application materials
and reference easement.
181
27, Recommend that you add an Existing Conditions sheet with the existing vegetation
and environmentally sensitive areas (including slope ranges, etc).
8. Please review the tab labels and references to contents so that they directly reflect
the name of the document(s) and or type of requirements_ For example FA -
Environmental Assessment is a specific application and requirement and should not
be confused with a Phase I Environmental study, We also recommend that at the
front of these minders you provide a sr,mmairy sheet that outlines the general site
plan, SUP specificfgeneral standards and findings of fact and where the item can
be found within the booklet and/or the site plan. This will make it Basler for you to
guide people as you conduct your presentations.
Erosion ControliStormwater Comments.,
1. The project will need both an Erosion Control and Stormwater plan with a
corresponding application and fees. Please note as such on plans.
. Item 3_ in the site plan denotes that a 100 yr. flocd plain doesn't exist on the subject
parcel when the Orange County GIS indicates a 100 year. flood plain. Please
remove reference and revised to reflect FEMA Panel and Base Flood Elevation.
. The report results of wetland delineation denotes three ponds contiguous for the
western stream of the subject parcel however, Grange County GIS indicates five
pond features. The report also references the Orange County UDO incorrectly with
regards to Buffer's. The report demotes < 7.5 % slope buffer = 60' actual is 65" and
> 7.59% slope report denotes 85' actual is 80'. A Stream Call request (SWID) is
suggested for the parcel since current field conditions are the determining factor for
buffering surface waters.
4, ltern B. In the site plan needs to also reference that after approval of the Erosion
Control and Stormwater plan a preconstruction conference is required prior to any
land disturbance.
5. No net increase in peak flow leaving the site from the predeveloprnent conditions
for the 1 year, 24 Hour storm.
6. Nutrient limits for the Back Creek Protected watershed are Nitrogen 3.8
poundslacrelyear, Phosphorous 1.43 poundslacrelyear.
7. Low Impact Development (LID) is suggested as a practical alternative for
management of the Stormwater for the site as we have seen success with Solar
Faun use of LID.
Department of Environment and Park and Recreation (DE APR)-
1. No edits/comments. See Attached memo.
Solid Waste Management:
1. No edits /comments. See Attached memo.
NGDOT:
1. Please coordinate directly with NCDOT District Engineer office at (33 6) 578 -8833 to
discuss change in Use and driveway permit needslrequirements.
:i
Fire MarshaVE M :
1, Please add notes regarding HAZMAT ors -site.
2. Acid a gate detail and hove EMS access will be provided.
3. Acid Note that Fire Marshal shall review and approve the access gate prior to site
plan approval.
Environmental Health'
1. No comments received to date.
Building Inspections:
1. No comments received to date.
County Attorney:
1. No comments received to date_
Please address these comments and provided revised plans andlor materials by July
201' so we can help you prepared for the Neighborhood Information Meeting (NIM) on
,July 27'x',
As always, please feel free to contact me if you have any comments or questions. You
can reach me at (919) 245.2577 and/or rnallett oran ecxount roc. �.
Very Respectfully,
pat'Krlo R. mal -10t
Patrick R. Mallett
Planner 11
C:
File;
Michael Harvey, Current Planning supervisor; and
Rachel McCook, Planner 1.
ftaorr clarksS. 1317eLulf3od
J06 Last Mill lvi 1A110
Hillsbormigli. Nordl Corolfam 27278
%1WMMO CW11fl 1011 Fm
141014 lima alp]aaom 491917" -040
,duly 26, 2016
Patrick R. Mnktt
Orange County Planning & I nspections
131 W. I+Margacet Lane, Suite 201
hlillshoraugh, TIC: 27278
Re; Oakwood Solar Poem mss A SUP
PIN 9835 - 02.9137
Dear Mr. Mallctt,
. '111S letter confirms thnt The Onage County SbeffiTis Of t e dons not Foresee fLny iselurs with
the Speew Use parnit for the. Oakwood Solar Fatm. Given its location in the usa nooxpomted
portion of McUute, tray Qiec is responsible for providi
• ,
Patrick R. Mallett
To: Steve Brantley
Subject: RE', Oakwood Solar Farm information for your review
From: Steve Brantley
Sant: Wednesday, June 22, 2016 10:29 AM
To: Molly Boyle
Subject: RE=: Oakwood Solar Farm information for your review
The proposed solar farm will be the btu solar facility In that immedlate area. This new one seers particularly surrounded
by private residences, according to Wiry quick review of the County's G15 web site. However, the site appears to be
sbielrled from view along U.S 70 clue to other properties fac)nH the road. The proposed solar farm does not occupy land
that 1 would consider to be prune development land, with respect to attracting industry, so I really have no negative
comments, other than to caution the growing opposition (recently seen In Person County) as more solar farms spread.
From: Molly Boyle
Sent, Tuesday, June 21, 20:LG 2:39 PM
To. Rachel, McCook; Michael Harvey; Alan Clapp; Anne Marie Tosco; 'Chuck Fdvvards'; Craig 13enedlkrt, VAngeio Janes';
Howard W. Fleming; James Bryan; Jason Shepherd; Jeff 5couten; Jennifer Geda; Jocelyn Gentry; John base, Kevin
Lindley; Michael Burton, Patrick R. Mallett; Peter Sandbeck; Rich Shaw; Sheriff Charles Blackwood; Steve Brantley, Steve
J Kaltenbach; Tammy Hicks, Tom Altled; Max Bushell; Wesley Poole; Micbael Rettle; Jaynes Baxter; Ablgaile Pfttrnan;
David Ward; Tina Clove
Subject: Oakwood ScAar Farris intbrmation for your review
Good afternoon, DArC rncmbws.
Planning staff requests your fcodbwk. on the Special Use, Permit documents for (he Oakwood Solar Farm (111N 9835-02 -
9137). You can access the do"mants an the T: drive wring the following pathway;
TAOrange County Planning Developmont Advisory Committee (DAB} Meeting Folder\June 16, 20166 SU16 -00003
Oakwood Solar harm Class A SUP
Please subm it &rAbaok to Rachel and Pat by July 1, 2016. Thank you in advamee fbr your review of this Project.
Kind Regards,
Molly Boyle
[Tanning Technician.
Orange County Planning 8t lsrspeotions
(919) 243 -2599
Pursuanf to North Carof na General S aiure 132, correspondence sent and rece vedfrom this =ounf is apubfic record
and mW be dfsclosed to thh d partles.
185
Patrick R. MAUR
Yoe Rachel McCook
sumece. RE: Oakwood 'Solar Farm information for your review
From: Peter Sandbeck
Sant: Monday, June 27, 2016 I0 :51 AM
To: Rachel McCook; Patrick R. Mal.lett
Cr— Michael Hervey; Rich Shaw
Subject: FAA+: Oakwood Solar Farm lnformatlon for your review
Rachel and Pat,
Attached is the comment memo from DEAPR for the Oakwood Solar Farm project, prepared by Rich with my comments
added regarding cultural resources, We did not see any concerns based on our review of the site and plans.
Let cos know if you have any cluestfons, Thanks.
Peter
From: Molly Boyle
Sent; Tuesday, June 21, 2016 2:39 PM
To: Rachel McCook; Michael Harvey, Alan Clapp; Anne Marie Tosco; 'Chuck Edwards'; Craig Benedict; VAngelo Janes';
Howard W. Fleming; James Bryan; Jason Shepherd; Jeff Sin; Jennifer Geda; Jocelyn Gentry; .lohn Kase; Kevin
Lindley; Michael Burton; Patrick R. Malian; Peter Sandbeck; Rich Shaw; Sherlff Charles Blackwood; Steve Brantley; Steve
J Kaltenbach; Tammy Hfcks; Tom Altierl; May Bushell; Wesley Boole; Michael Rettie; James Baxter; At}lgafle Pittman;
David Ward; Tfna Love
Subject: Oakwood Solar Farm Information for your revtew
Gilead afternoon, DAC rnernbom
Planning staff requests your feedback on the Special Use Permit documents for tho Oakwood Solar Farm (PIN 9835.42.
9137), You can aecess thr: documents on the T: drive using the following pathway.
TAOrange C;otmty Planning - Development Advisory Corm ttee (DAQ MoWng FrolderVune 16, 20160 16 -00003
Oakwood Solar Farm Class A SUP
Please submit feedback to Rachel and Pat by July 1, 2016.1 -han k you ire advance for your review cif this projecE
Kind Regards,
Molly kyle
Planning `fcchniciatn
Orango County Planning & Inspections
(919) 245,2599
Pursuma to Nordi Carr mina General 'falule 132, correspondence sent and received f om iris account %c a public record
and may be disdosed to ehird parties.
W.
ORANGE COUNTY
I*
Uogartment of Environmont,
Agriculture, Park K & Recreation
MEMORANDUM
To: Michael Harvey, Cuft -ent Planning .Supervisor
From: Rich Shaw, Laid Conservation Manager
Peter Sandbeck, CWtural Resources C°ourdlnator
Date: .June 30, 2016
Re: Proposed Oakwood Solar Farm — U.S. Highway 70 Mebane
Thank you the opportunity to review and comment on the proposed Oakwood Solar Farm at
6517 U.S. Hwy 70 in Mebane. DEAPR comments on such developments are generally to
address concerns with respect to potential impacts on important natural or cultural resources.
The solar farm would be located an an interior 25 -acre portion of 53 -acre property (PIN 9535 -
02-9137) owned by Mr. Carl J. Mace. The parcel is zoned Rural Residentlail (R -1), Back Creek
Protected Watershed Overlay, and includes lard in 100- and 500 -year flood zones. The site is
borderers by Large- and small -lot rural residential properties, and by one or more commercial
buslnesses along the southern boundary with access from US 70.
Natural gesoUM2s Re vie v Co n There are no known identified or mapped natural
resource areas of significance (e.g., natural heritage sites, proposed wildlife corridors, prime
forest) located on this property. The former pine plantation was clearcut sometime between
2010 and 2G13. There are two wetiand areas (ponds) and two streams (draining to lake
Michael) documented by Headwater Environmental, Inc., but the solar arrays would be
contained within the interior portion of the site, outside of the stream corridors.
Therefore, the plan appears consistent with the County's desire to minimize adverse
environmental impacts with respect to the protection of floodplains, wetlands, natural areas and
wildlife habltat.
The project is also consistent with policies in the Orange County Comprehensive Plain, such as
the goal of "Energy conservation, sustainable use of non- polluting renewable energy resources,
efficient use of non - renewable energy resources and clean air." [Natural and Cultural Systems
Goad 1, Page 6 -341 and the County's objective of "Foster[ing] participation in green energy
programs such as installation incentives for solar hot water /solar generation/solar tempering in
residential and commercial construction." [Objective AE -151
Cuf rural li?+es Lm s Review 'Ztrar ents:_ There are no 'known identified or mapped cultural
resources or historic cemeteries within the project parcel or on any of the surrounding adjoining
parcels. The project appears to be consistent with the historic preservation goals In the Orange
County Comprehensive Plan, Goal 4: "Preservation of historic, cultural, architectural and
archaeological resources, and their associated landscapes."
If you have questions please contact Rlch at x -2514 or Peter at x-2517.
187
Patrick R. Mallet#
To: patdck R. Mallett
Subject: RE: EMS Oakwood Solar F=arm
From: Jason Shepherd
Sent: 'Friday, July 06, 2016 11.4-0 ,AM
To: Patrick R. Mallett
Subject: Oakwood Solar Farm
Patrick,
I've reviewed this plan and conducted a fire Inspection and have no comments that wouId prohibit this project to
proceed.
Jason
Jason R, Shepherd
Orange County Fire. Matahal
Orange County Etncrgruncy Smi=
Fire Marshal Division
510lx Meadowlands Drive, Hillsborough NC 27278
P.0, Box 8181,1- 161aborough NC 27278
Offtse (919) 245 -6151
Cellular {919) 257 -8316
Fax x)19) 732 -8137
js ltierii ca �g . umLyy
W-*
Patrick R. Mallett
From: Jeff Scouten
Sent, Friday. June 17, 2016 10.08 AM
To: Patrick Ft. Mallett
Subject: Oakwood Solar Farm Plan Review Comments Gated 6/17/16
Attachments: Oakwood Solar Farm Plan, Review Comments Gated 6 -17-16 JS.pdf
Pat,
I have completed nny review of the subject plans and my comments are on the attached memo document.
Thanks for the opportunity to review and comment on this appllcation and let me know if you have any questions or
wish to discuss this matter f u rthe r.
leffscolfulr
TirrvirmsnrerriaC'J :ur, arreingut Supervisor
Orange County SofidWaste Wonagemew
TO,9.t;cJ71fir
1207 11- Eu&arr4 rRoad
rhapef.96fi C 27516 -7177
919 -968- 2788 x 117 (Office)
Pursuant to North Carolina General Statute 132, correspondence sera; and received from this account Is a public record
and may be disclosed to tlllyd partles,
;.
MEMORANDUM
TO: PAT MALLE+TT, PLANNER 11, GRANGE CO!, N N PLANt«IING & TKSP C't (ONS DEPARTMHNT
FROM- nu-v SC(}=N, ORi+iNGB C4 1NW SOLID WASTE MANAGHMENT
g1rBJ1rCT: OAKWOOD SULAR FARM, LLC MAN REVIEW COMMENTS i)ArHD 5MI16
DX11'r, J[M17,7At6
I have completed my mviow of tha subject plan and 1 tiled that the applicant has satisfactorily addressed
may comments from the previous review. As such, ! would haw no objection so the apparowl of the friary.
Thanks for the opportunity to my ew and wrarnent on this application and let me knew if you have any
questions. or wish to discuss this matter further.
190
Patrick R. Mallett
Froru: Sheriff Charles Blackwood
Sent} Monday, July 25, 2016 2;15 PM
To:: Patrick R. Mallett
Subject, Re, Oakwood Solar Farm information for your review
I can affirm that it is not my place to govern or approve planning projects. I have no information as to the design or plan
of the solar farm nor have f r8celved any complaints about the building of the project one way or the other. If you feel
them Is a legal issue surrOLinding the project which brings you or anyone else concern, I'd be happy to listen and offer
my opinicn an t or guidance,
Regards,
Sheriff Blackwood
Sent from my IPhone
On Jul 25, 2016, at 2:08 PM, Patrl+ck R. Hallett <pmallettC orann e1GL(J1tvnc,gc)v> wrote:
Sheriff Blackwood,
Can you affirm that You have no comments or Issues reg�irding the Oakwood 5olai- SUP? I just need
something for the Staff Comments Attachment for the P5 Abstract,
Thanksl
Very Respectfully,
Patrick R. Mallett, Planner II
Orange County Planning & Inspettians Department
Phone; X919) 245 -2577
Pax: (919) 644 -3022
E -mall, prnallet orangece?�i��Vn.�w
(]range County Planning VUebslt : httu:liwww.prangecountyr v
Address:
131 W. Margaret Lane, Smite 201
P.O. Box 8181
Hillsborough, NC 27278
Pursuant to Borth Carolina General Statute 132, correspondence sent and received from this account is
a public record and may be disclosed to third parties.
From: Molly Boyle
Sent: Tae5day, June 21, 2015 2:39 PM
To: Rachel McCook, Michael Harvey; Alan Clapp, Anne;. Marie Tosco, 'Chuck Edwards'; Crab denedId,
D'Angelo,]anes'; Howard' W. Fleming; James Bryan; Jason Shepherd, Jeff Scouten, Jennifer Geda,
191
Jocelyn Gentry; John Kase Kevin Lindley; Michael Burton; Patrfck R. Mallett, Peter Sandbeck; Rich Shave;
sheriff Charles Blackwood; Steve Brantley; Steve I Kaltenbach; Tammy Hicks; Torn Altierl; Max ilusbell;
Wesley Poole; Michael ReWe; ,lames Baxter; Ab[gaile Pittman; David Ward; Tina Love
Subject: Oakwood Solar Farm Intbrmatlon for your review
Good afternoon, DA C niembors.
Planning staff requests your feedback on the Special UsD P rtrit dmurnent:� for tho Oakwood Solar Farm
(PIN 9935 -02- 9137). You can moss the doouinents on the T: drive using the following pathway:
TAOrange County Planning - Development Advisory Com ince (DA ) Meeting 1401dcrUurlc 16,
2016\SU 16 -00003 Oakwood Solar Fw1n Class A SUP
Please submit f dbaak to Rachel and Pat by 3tr[y 1, 2015. Thank you in advance for your review of this
project
Kfnd Regards,
Moilly Boyle
Planning Technician
Orange County Planning & Inspections
(919) 215 -2599
Pursuant to AForlb CarolinaGGermral Statute 132, carrespondence .Neat and meelvedfrom this account 1.9 a
public revord and may be dkelosed !a third pardes.
192
Patrick R. Mallett
From: Jarnes Rr^yan
Sett, Monday, July 25, 2016 2:26 PM
To: Patrick R. MaIlett; Anne Marie Tosto
Subject: RE: Oakwood Solar Farm information for your review
We don't offer officlal comments for SUP applltatlons.
For internal reference, we haven't been contacted by any departments (planning or elsewise) about any unusual legal
issues being present.
From: Patrick R. Mallett
Sent: Monday, July 25, 2016 2:08 PM
To: James Bryan; Anne Marie Tosco
Subject RE- Oakwood Solar Farm Information for your review
Can you affirm that you have no comments or Issues regarding the Oakwood Solar SUP? I just need
something for the Staff Comments Attachment for the PB Abstract.
Thanks!
Very Respectfully,
Patrick R. Mallett, planner Il
Orange County Planning & inspections Department
Phone_ (919) 245 -2577
Fax: (919) 644 -3022
F -mail: urnailett oL)orarrgecot]O Y.I�-,gau
Orange County Planning Website; htt p :1 {w+ww.uro,I)Aecourltync.90r+
Address:
131 W, Margaret Lane, Suite 201
113.0. Box 8181
HilIsborough, IBC 27278
Pursuant to North Carolina General Statute 132, correspondence sent and received from this account is a public record
and may be disclosed to third parties.
From: Molly Boyle
Sent: `T`ue5day, Tune 21, 2016 2:39 PM
To: Rachel Mr -Cook; Michael Harvey; Alan Clapp; Anne Marie Tosco; 'Chuck EdwardS'; CraIg Benedict; VAngelo Jones`;
Howard W. FiemIng; ]arnes Bryan; Jason S help herd; Jeff Seouten; Jennifer Geda; locelyn Gentry; John Kase; Kevin
Lindley; Michael Burton; Patrick R. Mallett; Puer Sandbeck; Rich Shaw; Sheriff Charles Blackwood; Steve Brantley; Steve
J Kaltenbach; Tammy Hicks; Tom Altierl; Max Bushell; Wesley Poole; Michael Rettle; James Baxter; Abigalle Pittman;
David Ward; Tina Love
Subject: Oakwood Solar Farm information for your review
Good afternoon, DAC: rmonihors.
193
Planning staff requests your feedback on the Spe+ciel Use Perin 1t documents for the Oakwood Solar Farm (PIN 9835 -02-
9137). You can access the documents can the TC drive using (lie following pathway:
TAOrange County Planning- DevolopanentAduisory Committee (DAC:) Mevting FoldaUune 16„ 2016 SU16 -00003
Oakwood Solar Farm Class A SUP
Please subinit feedback to ltaritol and Pat by July 1, 2016. Thank you in advance for your review of this project.
Kind Regards,
Molly Boyle
Planning Technician
Orange County Planning & Inspections
(919) 245 -2599
Pursuant to North Camlin a General Statute 132, evrr4i ndence sent and recetwdfi —om this accoune iv apublie award
and may be disclosed to thirdparlies.
194
Patrick P. Mallett
Frum: Alan Clapp
Seat: Tuesday, July 26, 2016 8:23 AM
To: Patrick R Mallekl; John Kase, David Ward
Subject: RE:
Patrick,
Environmental Health does not have any issues with the Oakwood Solar Farm LLC Class A SUP.
We sep that no well or septic systems are needed or will be impacted.
AlSw
Afore Clapp
Environmental Health Director
Phone: 919.245.2360] Fact. 919.644.3006
Website:littp; %jwww_ .orange.nc.uslenvhlth /index.as
Email: aclapp orangecoun nc.gov
At f
"FAL1 r4 09P'AR7 MR N T
�Rtxros+�n heolth. trrspiffnq rhantge.
Please tell us how we are doing by taking this very quick survey. We appreciate your cor,timents.
https: /fus�+ww.surveyrnonk y .corn /r /efisurveyZO15 -2016
From, Patrick R. Malletk
Sent: Menday, July 25, 2016 2:06 PM
To: Alan Clapp; Jahn Ka.9e; David Ward
Subject:
Cati or)e of you send role an e-mail indicating that CH has not significant issues wlth the Oakwood Solar Farm LLC Class A
SUP? I just need something for the file.
Very Respectfully,
Patrick R. Mailett, Planner 11
0
195
Attachment
PLANNING & DEPARTMENT
Craig N. Benedict, AI P, Director
Administration 131 VV. Margaret Lane
(919) 245 -2575 Suite 201
(919) 644 -3002 (FAX) ORANGE COUN -F P. O. Box 8181
www.orangecountync.gov ountync.gov NOR'17H CAROLINA Hillsborough, NC 27278
CERTIFICATION OF MAILING — NEIGHBORHOOD INFORMATION
MEETING
CLASS A SPECIAL USE PERMIT — SOLAR ARRAY PUBLIC UTILITY
OAKWOOD SOLAR FARM LLC — 6519 US HIGHWAY TO (PIN 9835 -02 -9137)
ORANGE COUNTY, NORTH CAROLINA
I, Patrick I1?'lallett, Planner 11 with Orange County, North Carolina, DO HEREBY CERTIFY
that in accordance with the provisions of Section 2.7 of the Orange County Unified
Development Ordinance (UDO) I have mailed, or caused to be mailed, via first class mail a
Neighborhood Information Meeting notice,
This notice informed those property owners within 1,000 of the subject property of the
processing of a Class A Special Use Permit application, submitted by Oakwood Solar Farm
LLC. seeking to develop a Sour Array Public Utility on a parcel of property cuff of US
Highway 79.
The applicant is proposing to develop a solar facility on a 27.3 acre leased portion of the 52.1
acre subject property, further identified utilizing Orange County Parcel Identification Number
(PIN) 9835- 132 - 9137, with the remaining 24.3 acres being undeveloped. Access to the proposed
array is intended to go thrrrrrgh a parcel of property oft' of US Highway 70 with a PIN of 9835 -10-
3858,
The owners were identified according to the Tax Records and as required by the UDO.
The mailed notice specified the date, time, place and subject of the neighborhood meeting
and provided information on the Special Use Permit review process.
WITNESS my hand, this 28 day of November, 201 S.
Patrick Mallett
Planner It
196
PLANNING & INSPECTIONS DEPARTMENT
Craig N. Benedict, AICP, Director
Adrninitratiion 131 W. Margaret Large
(919) 246 -2675 E.r Suite 241
(919) 644 -3002 (FAX) ,a' GE COUNTY P. 0. Box 8181
www.orangecountync.gov NORTH CAROLINA. Hillsborough, NC 27278
NEIGHBORHOOD INFORMATION MEETING
OA1CV4OOD SOLAR, LLC
CLAss A SU P FOR SOLAR ARRAY — PUBLIC UTILITY
Wednesday, December 13, 2017" — 6:30-7.30 pm
West Campus Office Building
131 West Margaret Lane
ffeeting Votes
In atlt*rrdaisce.
• Patrick Ma'llen, Planner]] (Current Planning Staff)
• Bron Quinlan with Calvert Ener (Applicant)
• John Lawson, Resident
• Jan de Sin vak, Resident
Staff Introduction.
• Staff welcomed attendees to the meeting.
• Staff, explained that the Neighborhood Information Meeting (NIM) was designed to be an
informal dialogue about the proposed development of a solar array on the Mace property off of
US Hwy 70 (PTN 9835 -02- 9137). 'rhe 1s IM allows neighboring; property owners ask questions
about the project outside of the formal, legal constraints of a Planning Board meeting or a board
of County Commissioners (130CC) public meeting.
• Staff explained that the BOCC meeting, which is scheduled for February 6, 2018, is a quasi -
judicial process. It is similar to a court proceeding in that evidence is entered into the record,
those: giving testimony are sworn in, and hear -say is not admissible.
• Staff' briefly reviewed the documents and the requimmcnts for a Class A SUP.
Pres'entationfrom Brian Quinlan with Calvert FTnergy:
• The ,applicant reviewed the major elements of the project as well as the recent changes in Federal
regulations and State law regarding molar power. He noted that then: changes in large part caused
a delay, which in turn prevented the project from proceeding before the SUP expired.
• Stafr and the Applicant also reviewed the proposM change to remove a condition requiring the
recordation of an Orange County Con rvation Basement on the northeastem earner of the
property that is within Special Flood Hazard overlay and Stream buffer. loth Staff and the
.applicant are recommending that die area be preserved via a recorded Natural Buffer, but not held
to a Conservation Easement.
• Tlie neighborhood residents inquired and reviewed the plans as they relate: to their home in terms
of visibility and the potential impact can their property. They then noted that the buffer, distance
to their home topography seemed to mitigate any potential impact.
• They also expressed an interest in learning more about solar projects in general and asked to
continue dialogue with tlae applicant. The applicant agreed to share information and ,answer any
questions they may have.
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203
PLANNING & INSPECTIONS DEPARTMENT
Craig N. Benedict, AICP, Director
Current Planning 931 W. Margaret Lane
(9119) 245 -2575 -- Suite D'I
(919) 644 -3002 (EA) F COUNTY P. 0. Box 8181
www.oran!gecou¢ntync.gov NORTH CAROLINA Hillsborough, NC 27278
November 27, 2017
RE: NOTICE OF NEIGHBORHOOD INFORMATION MEETING - Discussion
and review of a Special Use Permit (Class A) application proposing
development of a Solar Array- Publ.ic Utility.
To Whom It May Concern:
Please be advised the Orange Bounty Planning Department has received a
Special Use Permit application (Class A SUP) proposing the development of a Solar
Array - Public Utility on a 27.3 acre portion Teased acreage) of a 521 acre parcel of
property located off of US Highway 70. The application was submitted by ESA
Renewables, Oakwood .Solar Farm LLC, and the owners of the subject property.
This application seeks to re-approve o similar request, which was originally
approved for a Class A SUP by the Orange County Board of Commissioners (BOCC)
on September 12, 2010, but has expired. The Orange County Unified Development
Ordinance (UDO) Section 27 ,12(D) states„ "The Special Use Permit shall automatically
expire within 12 months of the of the date of approval if the use has not commenced or
construction leas not commenced or proceeded unless a timely application for extension
of this there limit is approved by the Board of County Commissioners as provided in
Section 2- 7_ 13." The timeframe for this extension has also lapsed, and therefore the
applicant is seeking to re- approve the request_
The property subject to the proposed development, further identified utilizing
Grange County Parcel Identification Number (PIN) 9835 -02 -0137, is located within the
Cheeks Township of Orange County and is zoned:
Rural Residential (R -1),
Bach Creek Protected Watershed Protection Overlay District, and
Efland Cheeks Overlay District (ECOD) Pre - designated commercial area.
The property is accessible via are access easement through an adjacent property
located at 6517 US Highway 70, (PIN) 9835 -10 -3053_ The easement area includes an
existing driveway providing access to both 6519 US Highway 70 and the subject parcel.
Please refer to the attaches! Site Assessment reap for additional site details.
204
The application, submitted by ESA Renewables, Oakwood Solar Farm LLC, and
the property owners, proposes the development of a commercial solar facility operated
and managed by the Oakwood Solar Farm, LLC (an ESA partnership established for the
project). This facility proposes to convert sunlight into electricity via ground-mount ed
Photovoltaic cell solar panels, which will be sold to a power company for the purpose of
-contributing to the power service grid for the surrounding area.
The request is the essentially the same proposal as approved in September
2016, with one exception, The original approval contained a condition for the applicant
to record an Orange County Conservation Easement in the Northeastern corner of the
property- Since that approval, Staff and the applicant have mutually determined that the
area should not be held In an Orange County Conservation Easement, but recorded an
as ar Natural Area to be preserved, Please see the attached site plans for additional
information and a general layout of the proposed solar arrays,
A Solar Array - Public Utility is classified by the Orange County Unified
Development Ordinance (UDO) Section 5-2- Table of Permitted Uses as a permitted
land use within the R-1 zoning district subject to the issuance of the Class A SUP_
You are receiving this letter because according to Orange County Land Records
data you own property within 1,000 of the Subject property proposed for development as
a Solar Array-Public Utility,
The purpose of this letter is to inform you of the scheduling of a
Neighborhood Information Meeting (NIM) for,
Date: Wednesday, December 13, 2016
Time: 6.30 p.m. to 7:30 p.m.
Location: Lower Level - Conference Room Number 4
West Campus Office Building (W. .0,13.)
131 West Margaret Lane
Hillsborough, NC 27278
The PUFPOSe of the NIM is to allow local property owners and other interested
panties to discuss/reviewfask questions about the project and the permit review process.
The applicant will have representatives an hand to revlewlanswer questions about the
project while members of the County Planning Department will be available to d[scuss.
the Class A SUP permit review process. Staff has included a Special Use Permit Fact
Sheet providing information on the permit review process in advance of the NIM,
Please refer to the attached map showing the location of the VV.C,O.B- Building
and parking area(s).
Per the Section 2.7 of the UDO, Class A SUP applications are initially reviewed
by the Planning Board, who makes a recommendation on the project's approval and/or
denial, and are then reviewed and acted upon by the Orange County Board of
205
Comm ssioners (BOCC) after the holding of a previously scheduled/advertised Public
Hearing.
The Planning Board is tentatively slated to review this project at its January 3,
2018 .regular meeting. The BOCC Public Hearing for the request is tentatively
scheduled for Monday, February 12, 201 S.
Please note additional notification of the date /time /location of both the Planning
Board meeting and the BOCC public hearing shall be sent out to all property owners
within 1,000 feet of the subject property as required under the LIDO_
If you require additional assistance, or have questions related to the project or
Class A SUP process., please contact a Planning department staff member at (919)
245 -2575.
We lock forward to seeing you for the NIM on December 13, 2017 at the
W.C.O.B. Building in Hillsborough.
Sincerely,
Pntrizc R_0. N atteu-
Patrick Mallett, Planner Il
C. File
.Attachments;
1) Site Assessment of the subject property and easement location;
2) Site Plans illustrating the proposed solar array - public utility,
3) Vicinity Map for the NIM with ,directions to the Whitted Human Services Building" and
4) SUP Fact Sheet.
51te Assessment for PIN, 9835 -02 -8137 for proposed SolarArray
Public Unfit, (Class A Special Use Permit }, non - residential
Sito Data
Zoning: Rural ResidentiaJ (P1) and designated 10 Year
Transitional Area on Future Land Use Map
Acreage. 52.1 acres
Overlay Districts. Back Creek Protected Watershed Overlay
DlstrJct and Effand- Cheeks Hwy 70 Overlay District
Deed; No deed reference found. Legal Reference: 10 -1 =-451.
PlaVLegal Description: N10 Hwy 70 (no plat found)
Building Setbacks for Special Use Permit (Class A)
100 ft, from all property lines
50 ft- Type D Land Use Buffer shall be provided along any portion
of the perimeter of the parcel and easements
(see UDO, 5.1 0.3 C (2) (f)
Maximum height: 40'
Notes.,
(1) Private Road Just ffications, Recorded Declarations.
Rostrfctive Covenants, Bona Fide Farm status, use and bulfding
type (e.g. duplex units) will chango subdivisfon and development
requirements. (2) 80 ft. stream buffer graphically shown. (3) Floor
Area Ratio (FARE maximum for residential conditional use = 0.58,
FAR maximum for non - residential use R i}.i9J38. FAR maximum for
nor - residential conditional use = 0, 100. Required ininimum opan
space ratio = 0 -84, Ra qulred minimum livability space ratio =
0.75. Required pedestrIanllandscape ratio = 0.21.
(2) BMP rnayr be required
44-2; -`
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A
41ININ: 983SD29137
IELEN ETAL MACE
:ARL ,JERRY MACE
417 US HIGHWAY 70
1EBAlNE, NG 2730275R8
Environmental reatures: /_U0
Streams located on lot. Stream bufferforstream to the east:
81} ft. (Method A). Stream buffer for stream to the west; 65 ft,
(Method A). Six water bodies located to the west, Water body
buffers: 68 ft. (Method A).
Siope: Slope of stream to the east: $.8 %. Slope of stream to the
west: 6.4%. Slopes of water bodies to the west: ranging from
2.4% to 6.4 %
100 and 500 year Ftoodplains
Base Flood Elevation (BFE) based on FIRM Map: 6E3
County Freeboard: 665
Minimum Finished f=loor Flevation (FFE): 665
Flood Panel: 98351
Impervious Surface I- imits: 12 % based can UDO (Sec. 4.2.6) -
272,337.12 sq. ft. of allowable Imper0ous surface area
Note, On-site Infiltration of tfie first inch of stormwat€tr runoff, per
UDO, Sec. 4.2.6 for non- residential use
Lank Disturbance Thresholds (Erosion Contrail)
1) Erosion Control Application)Permit required if disturbing more
than 2D.000 sq. ft.
2) Stomiwater Managernent AppllcationlPermit required if more
than 21,780 sq- ft. (112 an acre) for commercial structures.
" *Call QC Erasion Control at (919) 245 -2596 for more
Information.
Date Site Assessment Completed. Updated 0512612016
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Vicinity Map -- West Campus Office Building (131 W, Margaret Lane
Qato-
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4lr-anUe Count -y Planning and Inspections Department
SPECIAL USE PERMIT
AT SHEET
The purpose of this fact sheet is to provide a breakdown of Orange County's Special Use Permit submittal and
review process.
The information contained herein provides an explanation on the nature of the permit proceedings, the
presentation. of evidence, burden of proof, what constitutes testimony and who can present evidence, and your
rights with respect to challenging a decision to either approve or reject a SUP application.
1, What is a Special Use PerndC
A Special Use Peroait (SUP) is a permit allowing, for the establishment of certain uses, in certain
districts, that are considered wotth,y of additional scrutiny in their proposed location. Such uses typically
require special review for design, location, and impact on surrounding properties.
Orange County has 2 different categories of SUP, specifically:
L Mass ,Ai, reviewed and acted upon by the Board of County Commissioners (13OC ), with a
recommendation from the Planning Board, and
ii. Class R reviewed and acted upon by the Grange !County Board of Adjustment.
What is corrskkred a 'Special Use'?
,A SUP is required for those specific land uses identified within the Grange County Unified
Development Ordinance (UDD) Table of Permitted Uses contained within Section 5,2.
These uses are identified in the TJD10's Table of Permitted Uses with an `A" for Class A SLJP and a `B'
for a Class B SUP. Some uses may be permissible in certain districts without restriction. (referred to as
"uses by right "), but require the SUP" in districts where their impact calls for special consideration.
Applicants are, entitled to be granted a SUP if they can show that specific standards would be met.
3. When are such applicadons reviewed?
Review of a SUP application occurs during a previously scheduled and advertised public hearings held
by either the BOCC or the Board of Adjustment.
The review of an application is a carried out in a quasi - judicial process.
The typical cadence associated with the review of a SUP is broken bourn in Section 2.7 of the UDO and
can be summarized using the fo9lowing flow chart:
210
Special Use Application
Submittal Per if
Staff Application Review and
Formal Recommendation
Neighborhood Infofmation
Meefina
Class B SIlf'
scheduled for
review by
gourd of
Adjustment at
a public
hearing
Class A SUP
scheduled for
review by
BOCC f
Planning Board
at a quarterly
public hearing
Staff advertises
meeting (newspaper
ad, property posting,
adjacent property
letters)
Board of
Adjustment holds
public hearing in
a quasi - judicial
format and
renders a decision
on application
Joint publfe
hearing held In a
quasi- judicial
format to review
application
Application
forwarded to
Planning Board for
review and
recommendation
Planning Board recommendation
sent to County Commissioners for
decision
211
4: ff lial does quasi jud eial process mean?
Quasi-judicial decisions arise in a variety of local government settings.
During, a quasi-judicial hearing, the Board (i.e. BOCC or Board of Adjustment) responsible for
rendering a decision acts much like a panel of judges. The Board Bears factual evidence and sworn
testimony presented at the public hearing and then makes a determination on whether the permit can be
issued based on the competent, substantial, and material evidence presented.
Put differently a quasi-judicial decision is one that requires the board hearing the matter to fund Facts and
make decisions by applying those facts to the standards in the Unified Development Ordinance.
5. no may speak orapreseut evidence at thepr bUz hearing?
Both individual applicants and those individuals supporting, or opposed to, the application are
encouraged to attend. Individuals may represent themselves or be represented by an attorney and they
may have expert witnesses testify for theta.
The cost for attorneys or expert witnesses is borne by the individuai seeping counsel or expert
testimony, not the County. The County will not pay for, or reimburse, expenses incurred by an
individual in their quest to support or oppose a SUP application.
While not required by State or County regulations, all parties with an interest in a SUP application are
:strongly advised to have an attorney represent diem.
Engineers, architects, real estate agents, planners and other non - attorneys may only appear as expert
witrnesses; they may not represent an applicant or those opposed to an application.
Only those with standing may speak or present evidence.
6. Meat are the responsibilities of the applicant?
The applicant bears the ultimate responsibility for producing and submitting competent, substantial, and
material evidence for the body reviewing the application to conclude the proposal complies with
applicable County regulations.
If they fail to submit evidence demonstrating compliance, the request is denied.
If, however, the applicant proves they comply, and there is insufficient evidence submitted to the board
hearing the case demonstrating they do not comply, the applicant is entitled to have the application
approved.
7. What standar s mast be met by the applicant?
All appNeants must slow compliance with the General Standards for all SUPS, as detailed within
Section 5.3.2 of the UDD, and any specific development standards associated within the proposed use.
The General Standards, as contained in Section 5.3.2, read as follows:
(a) The use will maintain or promote the public health, safety and
general welfare, if located where proposed and developed and
operated according to the plan as submitted,
(b) The use will maintain or enhance the value of contiguous
property "unless the use is a public necessity, in which case the
use need not maintain or enhance the value of contiguous
property); and
(`c) The location and character of the rise, if developed according to
the plan submitted, will be in harmony with the area In which it is
to be located and the use is in compliance with the ,plan for the
212
physical development of the County as embodied in these
regulations or in the Comprehensive Plan or portion thereof,
adopted by the Board of County Commissioners
8. How are decisions oyeade?
Members of the board rendering the decision must make their decision solely on the competent, material
and substantial evidence presented at the hearing, both for and against an application.
Members cannot consider information obtained through independent research or undisclosed ex parle
communications, meaning members cannot have private discussions with individuals who support or
object to a specific application.
9. ffliat exactly is ex-parle consmanication and why is it not allowed?
Pet-sons affected by a decision have the legal right to hear all of the information presented to members of
a board who will he rendering a decision on an SUP application, specifically they have a right to know
all of the "facts" being considered.
Therefore members of the decision - making body are not allowed to discuss the case or gather evidence
outside of the hearing (what the courts term ex parte communication). Only facts presented to the full
board at the hearing may be considered.
This is an important point to remember when such applications are being reviewed. Members of the
board rendering the decision are prohibited from discussing the Mauer or receiving comment on a
proposal,
These members are not trying to be rude or unsympathetic to your concerns. They are prohibited from
engaging in the conversation in the first place as they are required to guarantee an impartial hearing
where the 'facts' are weighed as they are presented as to whether or not an application should be
granted.
10. You previously indicated decisions are based an evidence. Does this mean those presenting evidence
at a SUP hearing have to be under oads ?
In a word, yes, All testimony, including from County staff, offered during the public hearing where a
SUP is reviewed must be under oath.
All persons wishing to speak will be given a reasonable fitne in which to be heard, however groups are
encouraged to seloct a spokesperson to speak for the group in order to avoid repetitive testimony.
11, Can people just speak to offer their opinion on the applicalion,?
Inflammatory, irrelevant, repetitive and incompetent testimony and hearsay is not permitted and the
chairman of the board hearing the matter has the right to limit and restrict such cornments during the
public heming.
For more information please refer to Section 2.7.7 (D) of the UDO.
12. What constitutes ` competent, substantial, and material evidence' allowingfor the approval or a denial
of a SUP?
Breaking down what constitutes evidence can best be summarized as follows:
i. Competent evidence- legally admissible under the rules of evidence unless admitted
without objection, or appears to be sufficiently trusfwGrthy and is admitted under such
circumstances that it is reasonable for the decision-making body to rely upon it.
Evidence that can be subjected to cross-examination, inspection, explanation and rebuttal
(i.e. expert testimony).
For example a realtor who has professional experience and accreditation can offer an
opinion if a specific project will or will not impact the value of adjacent property. An
individual with no background in the field cannot offer a 'competent' opinion on the
213
subject, In lliis case it would not be considered as `ccmpe ent' evidence and would be
inadmissible.
ii. Substantial evidence; evidence that which a 'reasonable mind' would regard as
sufficiently supporting a specific result.
Would this persuade the average person to make a certain conclusion? hoes it do more
than speculate?
iii. Material evidence: evidence that is relevant to the issue being considered.
For example if a board is reviewing an application for a kennel (i.e. a place where
dogs/cats are housed and cared for a period of time) an individual who is opposed may
submit documentation deno ing noise complaints from other kennels throughout Orange
County, This could be construed as'material evidence',
Documentation denoting animals Have died in kennels throughout the county and, as a
result, this specific application should be denied is not relevant to the case at hand as it
has no specific relationship to what is being proposed, This would be deemed immaterial
evidence and would not be admissible.
As a general rule, anyone with knowledgeable infori- nation (i.e. relevant) to the case may provide factual
information, but only experts may provide opinion testimony.
Even expert testimony must be competent (i.e. the expert has qualifications relevant to the issue) and
material before the decision-making board can rely on it.
Hearsay evidence is testier ony that the witness does not knew of his or her own personal knowledge;
including that which someone else told the witness and the use or introduction of signed petitions and
letter;
The board may only hear testimony that focuses on the applicable standards and criteria established in
the UDO. Unless they are a qualified expert, witnesses are not competent to testify about the impact of
a proposed land use on the value of nearby ,property, the danger to public safety resulting from increases
in traffic or other matters that -require special training or expertise like the level of noise that will be
generated.
13. Can coJxdidons he imposed an a . UP?
Generally, the board licaring the application ..nay attach conditions to the approval of an SUP as it relates
to compliance with applicable standards. For example, a condition may require the applicant to increase
the size of a required setback or land use buffer in order to ensure the project complies with that specific
standard as detailed within the TJTDO. The Board cannot impose conditions addressing an issue not
related to an existing standard such as establishing hours of operation, color of buildings, etc.
Conditions. cannot require the applicant to take action with regard to a piece of property that is not a pant:
of the application being considered, and conditions cannot require the alteration of a special use permit
previously isstied to a, third party.
14. Is there a reword d of the proceedings?
Complete records must be kept of the hearings. Detailed minutes must be kept noting the identity of
witnesses and giving a complete summary of their testimony. Any exhibits presented are retained by the
Board and become a part of the file on that case. An audio recording of the hearing is also made.
15. Ito w are prar des nal ed of the decision?
The board rendering, a decision on the application is required to snake a formal decision on the
application (i.e. approve or deny) in writing and shall be based on the determination of facts and their
application to the specific standards for the particular use and the general standards contained in the
214
UT . This includes providing specific details on the board's conclusions on each applicable standard
for a given SUP. Even if the application is denied, there is an obligation to make a detailed finding
identifying the evidence; utilized to deny the .application.
The wt itten decision must be signed and becomes effective upon. filing with the Planning Department,
Ab copy of the written decision must be delivered to the applicant, property owner, and others as required
by State law.
16. Are decisions an SUP applicat ons subject to f erther review?
Yes. Decisions of the BOCC or Board of Adjustment on a SUP application are subject to by the
Superior Court. Appeal applications must be fled within 30 days with the court from the date the
decision is made available, 'lease refer to NCGS 16OA -393 and Section 2.12.5 (A,) of the UDC) for
additional information.
Attachment 7
PLANNING & INSPECTIONS DEPARTMENT
Craig N. Benedict, AICP, Director
Administration
(919) 245 -2575
(919) 644 -3002 (FAX)
www.orangecou ntync.gov
ORANGE COUNTY
NORTH CAROLINA
215
131 W. Margaret Lane
Suite 201
P. O. Box 8181
Hillsborough, NC 27278
I FAA ....
r 3
FFMM t'
CERTIFICATION OF MAILING
CLASS A SPECIAL USE PERMIT (SUP) — SOLAR FACILITY
OAKWOOD SOLAR FARM LLC / ESA RENEWABLES
I, Patrick R. Mallett, Planner II with the Orange County , North Carolina Planning
Department , DO HEREBY CERTIFY that in accordance with the provisions of Section 2.7.6
of the Orange County Unified Development Ordinance (UDO) I have mailed, or have caused
to be mailed via first class mail, a Notice of Public Hearing regarding the processing of a
Class A Special Use Permit Application submitted by Oakwood Solar Farm LLC / ESA
Renewables to develop a solar facility - public utility on a 27.3 acre leased portion of a 52.1
acre property, further identified utilizing Orange County Parcel Identification Number (PIN)
9835 -02 -9137 owned by the Mace family. Access to the proposed array is intended to go
through a parcel of property off of US Highway 70, also owned by the Mace family, with a
PIN of 9835 -10 -3858.
Notices were sent to all owners within 1,000 feet of the subject area.
The owners were identified according to the Tax Records and as required by the UDO.
The mailed notices specified the date, time, place and subject of the Public Hearing.
WITNESS my hand, this 26th day of January, 2018.
Patrick R. Mallett
Planner 11
216
Draft
Attachment 8
Draft Excerpt Minutes for the Solar Minutes
Array class A SUP application Orange County Planning Board
January 10, 2018
Regular Meeting
MEMBERS PRESENT: Lydia Wegman (Chair), At -Large Chapel Hill Township Representative; Tony Blake (Vice- Chair),
Bingham Township Representative; Patricia Roberts, Cheeks Township Representative; Paul Guthrie, At -Large
Chapel Hill Township; Kim Piracci, At- Large; Township; Alexander Gregory, Chapel Hill Township Representative;
David Blankfard, Hillsborough Township Representative; Randy Marshall, At- Large; Adam Beeman, Cedar Grove
Township; Hunter Spitzer, At- Large; Buddy Hartley, Little River Township Representative;
MEMBERS ABSENT: Laura Nicholson, Eno Township Representative;
STAFF PRESENT: Craig Benedict, Planning Director; Michael Harvey, Current Planning Supervisor; Perdita Holtz,
Planning Systems Coordinator /Planner III; Patrick Mallett, Planner Il; Meredith Kern, Administrative Assistant;
OTHERS PRESENT: Jim Parker, Summit Engineering; Timothy Smith, Summit Engineering; Ed Sirgany, Summit
Engineering; Brian Quintan, Calvert Energy;
AGENDA ITEM 7: CHAIR COMMENTS
There were no comments.
AGENDA ITEM 8: CLASS A SPECIAL USE PERMIT (SUP) -To review and make a recommendation to the BOCC on a
Class A Special Use Permit application to develop a solar array /public utility station on 27.8 acres of a 52 acre parcel
of property (PIN 9835 -02 -9137, no address assigned yet) which is accessed via an easement from 6519 U.S.
Highway 70 West within the Cheeks Township. An SUP was approved in September 2016 but has expired,
necessitating consideration of a new SUP.
Presenter: Patrick Mallett, Planner II
Patrick Mallett summarized that this application was previously reviewed by the Planning Board at its August 3, 2016,
regular meeting and approved by the BOCC on September 12, 2016. This approval expired on September 12, 2017,
and therefore needs to be re- approved. This is a solar array third party company that transfers its power to Duke
Energy. He reviewed the site plan. There is 20 to 30 feet of elevation change as well as distance between this
property and residential neighbors.
Lydia Wegman asked about the distance from residential land.
Patrick Mallett answered mostly more than 1,000 feet. He continued to review the site plan, including the location of
the access easement, the screening and buffer of the solar array area. He pointed out stream buffers along the
perimeters of the property. Previously, there was a condition to preserve a conservation easement in a corner of the
property. Staff has determined that it the conservation easement was cumbersome with legalities and instead
proposed to call that corner a natural buffer area.
Lydia Wegman asked if that change will be reflected in the lease agreement.
Patrick Mallett said the plat would lock that in as a commitment that they will not disturb that corner. The stream
buffers would not permit the owner to do much anyway, he added.
Brian Quintan added that when it is recorded for the lease, it will be written that this area cannot be disturbed
Tony Blake noted it is only good as long as the lease is in effect. Brian Quintan confirmed that.
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Draft
Patrick Mallett explained the state and federal requirements changed after this was previously approved. North
Carolina had a guarantee of a 15 -year lease and a guaranteed rate that an owner would get back from the power
company. His understanding is that Duke Energy lobbied to change the legislature. The lease is now a five -year
lease at a much lower rate. The applicant was delayed while making sure they would still get the old rate.
Brian Quintan spoke about the difficulties and delays with Duke Energy.
Michael Harvey expanded on the point Patrick Mallett made about the flood plain. Per the revised Unified
Development Ordinance, there can be no development in the flood plain, which includes part of the corner of the
property that was a conservation easement.
Patrick Mallett reviewed the abstract contains all the necessary documents. He reviewed that two neighbors attended
the Neighborhood Information Meeting and were interested in the project more than concerned.
Tony Blake asked what the land looks like.
Patrick Mallett answered that it was timbered years ago and there is scrub growing and chunks of concrete there as
well.
Tony Blake said there are solar arrays in two other areas and the buffers have not been enforced. The newest one is
awful. He hopes the standard will mean there is a buffer.
Lydia Wegman asked that the solar arrays will not be seeing from neighbors.
Patrick Mallett answered there are still trees around the perimeter. He then shared photos of the site and pointed out
mature trees in the buffer.
Lydia Wegman asked for verification that the buffer standards are now more rigorous than they were when the solar
arrays in White Cross were built. Particularly, she asked about the width of the buffer.
Michael Harvey noted there are two locations in White Cross. The ordinance was amended after the first one was
approved. The second one was built with the new standards. More landscaping is required for the first one. Tony
Blake asked when that is required to be planted. Michael Harvey answered that he did not have that information with
him this evening.
Brian Quintan clarified the buffer requirements. He said there is a 50 -foot requirement. He said because of the
existing trees around the perimeter, the site already has that much buffer and he intends to supplement it with
additional plantings.
Paul Guthrie asked about whether the arrangements with Duke Energy are complete and when construction might
begin.
Brian Quintan answered that the arrangements are not yet finalized and it is difficult to say when construction will
begin. He would guess a year after he gets the permit.
Patrick Mallett said the ordinance allows for the applicant to ask for an extension but it has to be requested six
months before the permit expires.
Patrick Mallett reviewed the findings of fact, located in Attachment 4, which is located on Pages 154 to 158 in the
agenda packet.
Michael Harvey clarified that planning staff recommends that the use will maintain or promote the public health,
safety and general welfare. That recommendation is based on the application packet, the various attachments
detailed, and at the public hearing. The minutes from the past meetings on this will be introduced into the record, as
that is the quasi - judicial component of this hearing. It is our professional opinion that the array as proposed will not
218
Draft
create a dire set of consequences for surrounding property owners and will not have a negative impact on the public,
safety or welfare. With respect to the value of contiguous property, within the agenda packet there is a report
regarding the impact of the facility on contiguous property values. That is enabling staff to make a recommendation
that the use will maintain or enhance the value of contiguous property. And finally, the location and character of the
use, if developed according to the plan submitted, will be in harmony with the area. Staff is basing that finding on the
application package, the staff abstract, the documented evidence and the various attachments, specifically
Attachment 1, Attachment 2, Attachment 5, and the Neighborhood Information Meeting. Staff recommends approval
of the Special Use Permit.
Patrick Mallett reminded the board of the process of voting and that the only condition that changed was Condition
Number 1, which involved changing the language from a conservation easement to a natural buffer area.
MOTION by Tony Blake to approve staff recommendations as detailed on Pages 154 -159 of the abstract packet.
Seconded by Hunter Spitzer.
VOTE: Unanimous
MOTION by Kim Piracci to find that, with respect to Section 5.3.2 (A) (2), the use will maintain or promote the public
health, safety and general welfare, if located where proposed and developed and operated according to the plan as
submitted. Seconded by David Blankfard.
VOTE: Unanimous
MOTION by Randy Marshall to find that with respect to Section 5.3.2 (A) (2) (b) The use will maintain or enhance the
value of contiguous property (unless the use is a public necessity, in which case the use need not maintain or
enhance the value of contiguous property). Seconded by Alexander Gregory.
VOTE: Unanimous
MOTION by Randy Marshall to find that with respect to Section 5.3.2 (A) (2) (c), the location and character of the use,
if developed according to the plan submitted, will be in harmony with the area in which it is to be located and the use
is in compliance with the plan for the physical development of the County as embodied in these regulations or in the
Comprehensive Plan, or portion thereof, adopted by the Board of County Commissioners. Seconded by David
Blankfard.
VOTE: Unanimous
MOTION by Hunter Spitzer to approve the Special Use Permit with the imposition of the mutually agreed upon
conditions as listed on Pages 162 -163. Seconded by Tony Blake.
VOTE: Unanimous
219
Attachment 9
FINDINGS OF THE ORANGE COUNTY BOARD OF COMMISSIONERS
PERTAINING TO A REQUEST SUBMITTED BY
OAKWOOD SOLAR FARM SOLAR LLC / ESA RENEWABLES AND
MR. CARL AND HELEN MACE, ETAL
REQUESTING A CLASS A SPECIAL USE PERMIT
TO CONSTRUCT A SOLAR ARRAY - PUBLIC UTILITY
ON A PARCEL OF PROPERTY OFF OF US HIGHWAY 70
FURTHER IDENTIFIED UTILIZING ORANGE COUNTY
PARCEL IDENTIFICATION NUMBER (PIN)
9835 -02 -9137.
As required under Section 5.2 Table of Permitted Uses of the Orange County Unified Development
Ordinance (UDO), a Class A Special Use Permit is required for the development of a solar facility. Such
permits shall comply with general and specific standards as set forth in Section(s) 5.3.2 and 5.9.6 of the
UDO.
Section 5.3.2 (A) (2) of the UDO requires written findings certifying compliance with the following:
(1) The use will maintain or promote the public health, safety and general welfare, if located
where proposed and developed and operated according to the plan as submitted;
(2) The use will maintain or enhance the value of contiguous property (unless the use is a
public necessity, in which case the use need not maintain or enhance the value of
contiguous property); and
(3) The location and character of the use, if developed according to the plan submitted, will
be in harmony with the area in which it is to be located and the use is in compliance with
the plan for the physical development of the County as embodied in these regulations or
in the Comprehensive Plan, or portion thereof, adopted by the Board of County
Commissioners;
In addition, the Board shall make findings certifying that the application is compliant with the following
specific standards:
(1) Specific standards for the submission of Special Use Permit applications as outlined
within Section(s) 2.2 and 2.7 of the UDO,
(2) Section 5.3.2 (B) relating to the method and adequacy of the provision of:
a. Sewage disposal facilities,
b. The adequacy of police, fire, and rescue squad protection, and
c. The adequacy of vehicular access to the site and traffic conditions around the site
(3) Specific regulations governing the development of Solar Array as set forth in Section
5.9.6 of the LIDO,
(4) The general findings outlined within Section 5.3.2 (A) (2).
Listed below are the findings of the Orange County Planning Board and staff regarding the application in
question. The findings have been presented by Article and requirement to assist the Board of County
Commissioners (BOCC) in its deliberations.
220
REQUIREMENT
UDO
SUPPORTING EVIDENCE
Planning Board /
BOCC
Staff
FINDINGS
Recommendation
APPLICATION COMPONENTS
Proper forms
2.2
Application and supporting
Yes
documents (Attachment 1)
Fees paid
2.2.4(D)
Application and supporting
Yes
documents (Attachment 1)
Full description of use
2.7.3(B)(1)
Application and supporting
documents (Attachment 1)
Yes
• Location
• Appearance
• Operational characteristics
Owner Information
2.7.3(B)(2)
Application (Attachment 1)
Yes
Information Needed for Use
2.7.3(B)(3)
Application and supporting
Standards
documents (Attachment 1)
Yes
Site Plans
2.7.3(B)(4)
Site Plan (Attachment 2)
Yes
Preliminary Subdivision Plat (if
2.7.3(B)(5)
No subdivision proposed: Survey
N/A
necessary)
of access easement was
provided.
List of Parcels within 1,000 feet
2.7.3(B)(6)
Application and supporting
Yes
documents (Attachment 1)
Elevations of all Structures
2.7.3(B)(7)
No structures (i.e. buildings) are
Yes
being proposed. Elevation of
solar arrays and fence provided
with site plan (Attachments 1 and
2)
Environmental Assessment (or EIS)
2.7.3(B)(8)
Application and supporting
Yes
• Topography
documents — including EA and
• Drainage issues
Phase I Environmental
• Natural or Cultural resources
Assessment (Attachment 1)
• Mining
• Hazardous Wastes
• Wastewater treatment
• Water usage
Method of Debris Disposal
2.7.3(8)(9)
Application and site plan
Yes
(Attachments 1, 2 and 5)
Development Schedule
2.7.3(B)(10
Application — Narrative
Yes
(Attachment 1)
Extended Vesting Request
2.7.3(B)(11
Not requested by applicant
N/A
221
REQUIREMENT
UDO
SUPPORTING EVIDENCE
Planning Board /
BOCC
Staff
FINDINGS
Recommendation
NOTIFICATION REQUIREMENTS
Public Notice
2.7.6(a)
Staff testimony and Attachments
Yes
• Date
6 and 7
• Time
• Place
Published in Newspaper
2.7.6(b)
Staff testimony
Yes
• Two successive weeks
Public Hearing as part of BOCC
• First notice at least ten days prior
February 6, 2018 meeting.
but no more than twenty -five days
Add was sent to newspapers on
prior
and was run consistent with
UDO requirements.
Sign Posting on Property (at least 10
2.7.6(c)
Staff testimony
Yes
days prior)
Mailed Notice
2.7.6(d)
Staff testimony and Attachment 7
Yes
• First Class Mail
• All adjacent property owners
(within 1,000 ft.)
• Not less than fifteen days prior
222
REQUIREMENT
UDO
SUPPORTING EVIDENCE
Planning Board /
BOCC
Staff
FINDINGS
Recommendation
SPECIFIC STANDARDS
Waste Disposal
5.3.2(B)(1)
Staff Testimony / Attachment 5
Yes
Method and adequacy of provision for
Both Environmental Health and
sewage disposal facilities, solid waste
Solid Waste have indicated
and water service.
they have no concerns. As
there are no structures (i.e.
office) there will be no septic
system on the property.
Conditions are recommended
to require Solid Waste Permit
as part of development
process.
Safety
5.3.2(8)(2)
Staff Testimony / Attachment 5
Yes
Method and adequacy of police, fire
Orange County Emergency
and rescue squad protection.
Service staff and the Sheriff's
office have indicated the
project can be served.
Vehicle Access
5.3.2(B)(3)
Staff Testimony / Attachment 5
Yes
Method and adequacy of vehicle
There will not be an
access to the site and traffic
appreciable traffic increase in
conditions around the site.
the area associated with the
development of the solar array.
The applicant has obtained a
new driveway permit through
NC DOT.
The proposed access
easement to US Highway 70
will be recorded prior to
development.
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REQUIREMENT
UDO
SUPPORTING EVIDENCE
Planning Board /
BOCC
Staff
FINDINGS
Recommendation
STANDARDS for Solar Arra y — Public Utility
Site Plan
5.9.6 (C)
Application, Applicant Testimony,
Yes
(1) (a)
Staff Testimony, and Site Plan
A site plan prepared in accordance
through (d)
Attachment 2.
with Section 2.5 of and 5.9.6 (C) (1)
inclusive of UDO
Site plan provides elevations for
proposed arrays, fencing and
landscaping.
The application, EA and Phase I
Environmental contain required
soils information and reports
(Attachment 1)
Standards of Evaluation
5.9.6 (C)
Application, Applicant Testimony,
Yes
On -site utility and transmission lines
(2) (a)
Staff Testimony, and Site Plan
placed underground when feasible
(Attachments 1 and 2).
5.9.6 (C)
Application, Applicant Testimony,
Yes
Height of array shall not exceed 40
(2) (b)
Staff Testimony, and Site Plan
ft.
(Attachments 1 and 2).
5.9.6 (C)
Application, Applicant Testimony,
Yes
Individual arrays shall be designed
(2) (c)
Staff Testimony, and Site Plan
and located to prevent reflective
(Attachments 1 and 2).
glare toward inhabited buildings on
adjacent property and rights-of-way.
Warning signs concerning voltage.
5.9.6 (C)
Application, Applicant Testimony,
Yes
(2) (d)
Staff Testimony, and Site Plan
(Attachments 1 and 2).
Mechanical equipment and arrays
5.9.6 (C)
Application, Applicant Testimony,
Yes
shall be enclosed by a minimum 8
(2) (e)
Staff Testimony, and Site Plan
ft. high fence and screening per
(Attachments 1 and 2).
Section 6.8 of UDO.
Proof of liability insurance —
5.9.6 (C)
Application and Applicant
Yes
minimum of $500,000.00 per
(2) (f)
Testimony (Attachment 1).
occurrence.
Type D land use buffer around
5.9.6 (C)
Application, Applicant Testimony,
Yes
perimeter of project
(2) (g)
Staff Testimony, and Site Plan
(Attachments 1 and 2).
Decommissioning of solar facility
5.9.6 (C)
Application, Applicant Testimony,
Yes
(3) (a)
Staff Testimony, and Site Plan
through (f)
(Attachments 1 and 2).
inclusive
Applicant acknowledges
requirement and agreed to the
condition in the event the use of
the site as a solar array — public
utility is ceased.
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REQUIREMENT
UDO
SUPPORTING EVIDENCE
Planning Board /
BOCC
Staff
FINDINGS
Recommendation
SPECIFIC STANDARDS
In accordance with Section 5.3.2 (A) (2), the Board of County Commissioners shall also consider the following general
conditions before the application for a Special Use can be approved.
NOTE: The Following represents the recommendation of the Planning Board and staff based on the information available
prior to the public hearing.
The use (will / will not) maintain or
Section
Application package and
The use Will
promote the public health, safety and
5.3.2 (A)
testimony from applicant and
maintain ...
general welfare, if located where
(2) (a)
their subject matter experts
proposed and developed and
on how the project complied
operated according to the plan as
with the UDO.
submitted.
Section
Application package and
The use Will
The use (will / will not) maintain or
5.3.2 (A)
testimony from applicant and
maintain ...
enhance the value of contiguous
(2) (b)
their subject matter experts
property (unless the use is a public
on how the project complied
necessity, in which case the use need
with the UDO.
not maintain or enhance the value of
contiguous property).
Section
Application package and
The location and
The location and character of the use,
5.3.2 (A)
testimony from applicant and
character of the
if developed according to the plan
(2) (c)
their subject matter experts
use, if developed
submitted, (will / will not) be in
on how the project complied
according to the
harmony with the area in which it is to
with the UDO.
plan submitted
be located and the use is in
Will be ...
compliance with the plan for the
physical development of the County
as embodied in these regulations or in
the Comprehensive Plan, or portion
thereof, adopted by the Board of
County Commissioners.
225
RECOMMENDATION:
Neither the Planning Board or staff have received any comments from local residents and property owners
indicating they do not believe the proposed facility complies with the provisions of Section 5.3.2 (A) (2) inclusive.
These standards include maintaining or promoting the public health, safety, and general welfare; maintaining or
enhancing the value of contiguous property; the use being in harmony with the area in which it is to be located;
and the use being in compliance with the general plan for the physical development of the County.
Planning Board and staff have reviewed the application, the site plan, and all supporting documentation and have
found that the applicant complies with the specific standards and required regulations as outlined within the UDO
with respect to the submittal of required information for the project.
Provided the Board of County Commissioners (BOCC) finds in the affirmative on the specific and general
standards as detailed herein, and no evidence is entered into the record demonstrating the applicant has either:
a. Failed to meet their burden of proof that the project complies with the specific development standards for a
solar array — public utility; or
b. Fails to comply with the general standards detailed within Section 5.3.2 (A) (2) of the UDO
the BOCC could approve the application. In the event that the BOCC makes an affirmative finding, the Planning
Board and staff recommends the attachment of the following conditions:
1. In accordance with Section(s) 6.13 and 6.21 of the UDO, and consistent with the
approved application, the applicant shall maintain and preserve the area in the
northeastern corner of the property encumbered by the Special Flood Hazard Area
(SFHA) as depicted on recently adopted FEMA Flood Maps, and the associated 80 foot
wide adjacent stream /floodplain buffers.
With the exception of installing public and /or private water and /or public sanitary sewer
and /or the removal of dead, diseased, or dying plant materials, this 4.25 acre area shall
remain undisturbed as required within the UDO.
2. In accordance with Sections 6.13, 6.21, and 5.9.6 (C) of the UDO, the applicant shall
cause a formal and detailed landscape and tree preservation plan to be submitted and
approved by the Orange County Planning Department within 180 days from the approval
of this Special Use Permit. This plan shall also incorporate the preservation of
environmentally sensitive areas such as jurisdictional streams, wetlands, floodplain
areas, and all required stream /floodplain buffers.
3. In accordance with Section 7.14 of the UDO, the applicant shall cause a plat to be
submitted and recorded to illustrate all lease, access, and utility easements on the
subject area.
4. Per Section 2.5 of the UDO, the applicant shall complete and submit a formal application
to the Orange County Inspections Department requesting authorization to commence
construction of the proposed solar array. The application, including all applicable fees,
shall be submitted within 180 days from the approval of the Special Use Permit.
5. To ensure public safety as outlined in Section 5.3.2 of the UDO, the Orange County Fire
Marshal's office shall review and approve the final site plan and ensure that any and all
modifications be made to address fire code and access issues prior to the issuance of
the permit authorizing the commencement of land disturbing activities.
226
6. To ensure public safety as outlined in Section 5.3.2 of the UDO, the applicant shall
provide a detailed, scaled, map to the Orange County Fire Marshal's office and the
Efland Volunteer Fire Department denoting the location of all storage areas for batteries,
master cut -off switches, and other similar devices to ensure the protection of emergency
responders in the event of a catastrophic incident on the property.
This map shall be submitted prior to the issuance of a Certificate of Compliance (C of C)
by the County allowing for operation of the facility to commence.
7. To ensure compliance with the provisions of Section 5.3.2 of the UDO, the applicant shall
submit a Solid Waste Management application for the project within 180 days from the
approval of the Special Use Permit.
8. To ensure compliance with the provisions of Section(s) 2.5, 2.19, 2.21 and 5.3.2 of the
UDO, the applicant submit all necessary site plans, stormwater, grading plans, and
erosion control applications to the Orange County Erosion Control Division for review and
processing prior to development or land disturbing activity. These applications shall be
submitted within 180 days from the issuance of the SUP.
9. In accordance with Section 2.5 of the UDO, the applicant shall submit the approved site
plan and approved driveway permit to NC DOT for review and comment within 180 days
from the issuance of the SUP and provide planning staff with a copy of the issued permit.
10. In accordance with 2.7.14 of the UDO, the Special Use Permit will automatically expire
within 12 months from the date of approval if the use has not commenced or construction
has not commenced or proceeded unless a timely application for extension of this time
limit is approved by the BOCC.
11. In accordance with 2.7 of the UDO, if any condition of this Special Use Permit shall be
held invalid or void, then this Special Use Permit shall be void in its entirety and of no
effect.
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Attachment 10
NOTICE OF PUBLIC HEARING
ORANGE COUNTY BOARD OF COMMISSIONERS
A meeting of the Orange County Board of Commissioners will be held at the Whitted
Building, 300 West Tryon Street, 2nd Floor, Hillsborough, North Carolina, on Tuesday,
February 6, 2018 at 7:00 PM. At the meeting the Board will hold a Quasi - Judicial public
hearing. Only persons with standing may participate as parties in Quasi - Judicial
hearings.
Quasi - Judicial Hearing:
The purpose of this hearing will be to gather evidence to determine whether the
ordinance's standards have been met. The Board must base its decision solely on the
competent, material and substantive evidence presented during the hearing. The Board
must exclude from consideration both their personal and the public's opinions. All
interested persons are welcomed to observe the hearing regardless of their ability to
participate.
The Orange County Planning and Inspections Department provides a Special Use Fact
Sheet online explaining the submittal and review process:
http: / /www.orangecountync.gov /departments/ planning _and_inspections /SUP — Fact —Sheet
. pdf
1. Application for a Class A Special Use Permit: In accordance with the
provisions of Section 2.7 Special Use Permits (SUP) and Section 5.9.6 (C) Solar
Array — Public Utility of the Unified Development Ordinance (UDO), ESA
Renewables, Oakwood Solar LLC, and Helen and Carl Mace (the property
owners) have submitted a Class A SUP request to develop a Solar Array- Public
Utility on a parcel of property off of US Highway 70 within the Cheeks Township.
The array will be located on a 27.3 acre portion (leased acreage) of a 52.1 acre
parcel of property, further identified as Orange County Parcel Identification
Number (PIN) 9835 -02 -9137. Access to the array shall be through an adjacent
property located at 6517 US Highway 70, (PIN) 9835 -10 -3858, also owned by
the Mace family. The SUP, if approved, would encumber both properties to
allow for the development of the proposed solar array.
The properties in question are zoned:
• Rural Residential (R -1),
• Existing Commercial (EC -5)
Approximately half of the 5 acre parcel (PIN 9835 -10 -3858) is zoned EC -5
with the remaining acreage zoned R -1. This is the property where the
access easement for the solar array will be located,
• Back Creek Protected Watershed Protection Overlay District, and
• Efland- Cheeks Overlay District (ECOD) Pre - designated commercial area.
228
and are located within the 10 Year Transition land use classification as denoted
on the Future Land Use Map of the Comprehensive Plan and the Urban
Designated Area as denoted on the Growth Management System Map.
The Orange County Planning Board has recommended approval, with conditions,
of the SUP application.
Purpose: To review the item and receive sworn testimony on the Class A
Special Use Permit application.
Substantial changes in items presented at the public hearing may be made following the
receipt of comments made at the public hearing. Accommodations for individuals with
physical disabilities can be provided if the request is made to the Planning Director at
least 48 hours prior to the Public Hearing by calling one of the phone numbers below.
The full text of the public hearing items may be obtained no later than February 2, 2018
at the County website www.orangecountVnc.gov at the County Commissioners Agendas
link
(http: / /www.oran.gecountync.gov /departments /board of county commissioners /agendas.php #).
Information will also be available from the Orange County Planning Department (contact
information below) no later than January 26, 2018.
Questions regarding the proposals may be directed to the Orange County Planning
Department located on the second floor of the County Office Building at 131 West
Margaret Lane, Suite 201, Hillsborough, North Carolina. Office hours are from 8:00 a.m.
to 5:00 p.m. Monday through Friday. You may also call (919) 245 -2575 or 245 -2585
and you will be directed to a staff member who will answer your questions or you may e-
mail questions to plan ningdept (a-orangecountync.gov.
PUBLISH: The Herald Sun News of Orange
January 24, 2018 January 24, 2018
January 31, 2018 January 31, 2018