20150647 Ver 1_Approval Letter_20150722

AMA"WA �p
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaart
Governor Secretary
July 22, 2015
Pontiac Plywood, Inc.
Attn: Hunter Stone
3204 Nash St. N., Ste. C
Wilson, NC 27896 .
Ernest and Dorothy Bobbitt
623 Wilson St.
Roanoke Rapids, NC 27870
Norman Perry Bobbitt
P.O. Box 1173
Littleton, NC 27850
DWR # 15 -0647
Warren County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Sun Devil Solar Project
Dear Mr. Stone, Mr. and Mrs. Bobbitt, and Mr. Bobbitt:
You have our approval for the impacts listed below for the purpose described in your
application dated July 1, 2015 and received by the Division of Water Resources (Division) on
July 2, 2015 with additional information received on July 7, 2015. These impacts are covered
by the attached Water Quality General Certification Number 3886 and the conditions listed
below. This certification is associated with the use of Nationwide Permit Number 14 once it is
issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other
federal, state or local permits before proceeding with your project, including those required by
(but not limited to) Sediment and Erosion Control, Non - Discharge, and Water Supply
Watershed regulations.
This approval requires you to follow the conditions listed in the enclosed certification and the
following additional conditions:
Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section http: / /portal.ncdenr.org /web /wq /aps
1628 Mail Service Center, Raleigh, NC 27699 -1628 Phone: [phone]
Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: [phone]
An Equal Opportunity 1 Affirmative Action Employer — Made in part by recycled paper

Sun Devil Solar Project
DWR# 15 -0647
401 APPROVAL
Page 2 of 4
1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification are met. No other impacts are approved, including
incidental impacts. [15A NCAC 02B .0506(b)(c)]
Type of Impact
Amount Approved
(units)
Permanent
Wetland
0.023 (acres)
WA
Wetland
0.015 (acres)
WB
Stream
77 (linear feet)
S1
Stream
40 (linear feet)
S2
Amount Approved
(units)
Temporary
0 (acres)
0 (acres)
10 (linear feet)
10 (linear feet)
2. Diffuse Flow
All stormwater must be directed and maintained as diffuse flow at non- erosive velocities
through the protected stream buffers such that it will not re- concentrate before discharging
into a stream. [15A NCAC 02H .0506(b)(5)]
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre - Construction Notification. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, statutes, or rules occur. [15A NCAC 02H .0501
and .0502]
4. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within
these boundaries approved under this authorization shall be clearly marked with orange
warning fencing (or similar high visibility material) for the areas that have been approved to
infringe within the buffer, wetland or water prior to any land disturbing activities to ensure
compliance with 15 NCAC 02H .0500. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC
02H .0507 (c)]
5. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification. If
you change your project, you must notify the Division and you may be required to submit a
new application package with the appropriate fee. If the property is sold, the new owner

Sun Devil Solar Project
DWR# 15 -0647
401 APPROVAL
Page 3 of 4
must be given a copy of this approval letter and General Certification and is responsible for
complying with all conditions. [15A NCAC 02B .0507(d)(2)]
6. This approval and its conditions are final and binding unless contested. [G.S. 143 - 215.51
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by
filing a written petition for an administrative hearing to the Office of Administrative Hearings
(hereby known as OAH). A petition form may be obtained from the OAH at
http: / /www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431 -3000 for information.
Within thirty (30) calendar days of receipt of this notice, a petition must be filed with the
OAH. A petition is considered filed when the original and one (1) copy along with any
applicable OAH filing fee is received in the OAH during normal office hours (Monday through
Friday between 8:00am and 5:00pm, excluding official state holidays).
The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Mailing address for the OAH:
If sending by First Class Mail
via the US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
If sending via delivery service
(e.g. UPS, FedEx):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609 -6285
One (1) copy of the petition must also.be served to DENR:
Sam Hayes, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
Please send one (1) copy of the petition to DWR:
If sending by First Class Mail
via the US Postal Service:
Karen Higgins
NC DENR -DWR — 401 & Buffer
Permitting Unit
1617 Mail Service Center
If sending via delivery service
(e.g. UPS, FedEx):
Karen Higgins
NC DENR -DWR —401 & Buffer
Permitting Unit
512 N. Salisbury Street

Sun Devil Solar Project
DWR# 15 -0647
401APPROVAL
Page 4 of 4
Raleigh, NC 27699 -1617 Raleigh, NC 27604
This letter completes the review of the Division under section 401 of the Clean Water Act.
Please contact Cherri Smith at 919 - 791 -42,1 or cherri.smith @ncdenr.gov if you have any
que ons or concerns.
S' cerel ,
Danny Smit
Supervisor, Water Quality Regional Operations Section
Enclosure: GC 3886
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade
Drive, Ste. 105; Wake Forest, NC 27597
Greg Ness; FLS Energy, Inc.; 130 Roberts St.; Asheville, NC 28801
James McRacken; Energy Renewal Partners, LLC; 101 W. Worthington Ave., Ste. 120;
Charlotte, NC 28203