20161217 Ver 2_After-the-Fact Approval_20180227

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Water Resources w
Environmental Quality
February 27, 2018
Windsor Cooper Hill Solar; c/o Duke Energy Renewables
Attn: Mr. Thomas C. McNay
134 E 41h Street
Cincinnati, OH 45202
ROY COOPER
Governor
MICHAEL S. REGAN
Secretory
LINDA CULPEPPER
hnerint Director
DWR # 16-1217 V2
BERTIE County
Subject: AFTER THE FACT APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
WINDSOR SOLAR TRACT B
Dear Mr. McNay:
You have our approval for the impacts listed below for the purpose described in your application dated
January 10, 2018 and received by the Division of Water Resources (Division) on January 22, 2018 with
subsequent information received on February 5 and 28, 2018. These Impacts are covered by the attached
Water Quality General Certification Number 4139 and the conditions listed below. This certification is
associated with the use of Nationwide Permit Number 39 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(s) or general
permit and the following additional conditions:
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. [15ANCACO28.0506(b)(c)]]
Type of Impact
Amount
Amount Approved
Plan location/
Approved (units)
(units)
Reference
Permanent
Temporary
Attached
Wetland
W1(Fill)
0.37 (acres)
0 (acres)
Figure 3: Site Plan
W2 (Fill)
0.02 (acres)
0 (acres)
2. 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
State of North Carolina I Environmental Quality I Water Resources -Water Quality Regional Operations Section -Washington Regional Orrice
943 Washington Square Mall, Washington. North Carolina 27889

WINMUn JUWn InAW tl
DWRN 16-1217 V2
401 APPROVAL
Page 2 of 3
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)]
3. Water Quality Certification
The proposed project must comply with all the conditions of the General Water Quality
Certifications) 4139. [35A NCAC 02B .0507(c)]
4. After the Fact Permit
Please be aware that by having impacted streams without first applying for and securing
the issuance of a 401 Water Quality Certification, you have violated Title 15A of the North
Carolina Administrative Code (NCAC) 2H .0500. Title 15A NCAC 2H .0500 requires
certifications pursuant to Section 401 of the Clean Water Act whenever construction or
operation of facilities will result in a discharge into navigable waters, including wetlands,
as described in 33 Code of Federal Regulations (CFR) Part 323. It also states any person
desiring issuance of the State certification or coverage under a general certification
required by Section 401 of the Federal Water Pollution Control Act shall file with the
Director of the North Carolina Division of Water Resources. Pursuant to G.S. 143-215.6A,
these violations and any future violations are subject to a civil penalty assessment of up
to a maximum of $25,000.00 per day for each violation.
S. This approval and their conditions are final and binding unless contested. [G.S.143-215.5]
6. 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
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))
These Certifications can be contested as provided in Articles 3 and 4 of General Statute 1508 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 htto://www.ncoah.com/ or by calling the OAH
Clerk's Office at [phone] for information.
Within sixty (60) 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 [phone], provided the original and one copyof 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:

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