Question: ( again , this question concerns the below fact pattern repeated from previous questions. Any new fact is in bold ) Jack Straw owns the
again this question concerns the below fact pattern repeated from previous questions. Any new fact is in bold
Jack Straw owns the tract shown below located on the Cape Fear River in Lee County. The land is in a part of Lee County that is zoned RA Residential Agricultural According to the Unified Development Ordinance UDO for Lee County, the only allowable uses of land in an RA zone are farming, forestry, residential living, and homebased businesses.
Jack has been approached by Cypress Strata Solar, LLC to develop a solar facility, and two sites on his land are proposed see map Assume that Jack's site is suitable according to the NC Utilities Commission's most recent request RFP for proposed solar sites. Assume also that solar facilities are considered a "light industrial" use under Lee County's UDO. Assume also also that this particular site as an energy facility requires a federal permit issued by the Federal Energy Regulatory Commission FERC The next four questions concern issues associated with this proposed project.
QUESTION related to the previous question: The solar developer based on your counsel regarding the wet area has consulted with the Army Corps of Engineers ACE and the NC Department of Environmental Quality DEQ and both have confirmed that this is a federal jurisdictional wetland, requiring a permit if it is to be disturbed.
Assuming the wetland has a contiuous surface connection to the river, and is therefore jurisdicutional, as part of your permit application, which below is likely least beneficial to your application?
Question Select one:
a
An engineers report showing no significant degradation in water quality downstream of the wetland
b
Offset credits purchased from the broker of a mitigation bank located in Georgia
c
A proposal to expand the wetland area on site
d
A report from a wildlife biologist showing no disturbance of habitat related to a listed endangered species
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