20201234 Ver 1_Approval Letter_20201210

DocuSign Envelope ID: D22FAFAl-1 BEA-4EOE-B1 B3-700E336226C4
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
Silver Creek Energy LLC
Attn: Mr. Matt McGovern
880 Apollo St, Suite 333
El Segundo, CA 90245
NORTH CAROLINA
Environmental Quality
December 10, 2020
DWR # 20201234
Stokes County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Lick Creek Solar Farm
Dear Mr. McGovern:
You have our approval for the impacts listed below for the purpose described in your application dated
September 25, 2020, received by the Division of Water Resources (Division) with payment October 23,
2020, with subsequent information on December 3, 2020. These impacts are covered by the attached
Water Quality General Certification Number 4135 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.
The Division has determined that the proposed project will comply with water quality requirements
provided that you adhere to the conditions listed in the enclosed certification and to the additional
conditions itemized below.
The following proposed impacts are hereby approved. No other impacts are approved, including
incidental impacts. [15A NCAC 02H .0506(b)]
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Strea m
Site 1
68 (linear feet)
10 (linear feet)
Site 2
77 (linear feet)
10 (linear feet)
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 this Certification. If you change your project,
you must notify the Division and you may be required to submit a new application package with the
�INAfl
North Carolina Department of Environmental Quality 1 Division of Water Resources
Winston-Salem Regional Office 1 450 West Hanes Mill Road, Suite 300 1 Winston-Salem, North Carolina 27105
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cewnme�ar Emnonma�� nuai� �� 336,776,9800

DocuSign Envelope ID: D22FAFAl-1 BEA-4EOE-131 B3-700E336226C4
Silver Creek Energy LLC
DWR# 20201234
401 Certification
Page 2 of 3
appropriate fee. If the property is sold, the new owner must be given a copy of this Certification and is
responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)].
If you are unable to comply with any of the conditions of the attached Water Quality General
Certification or with the additional conditions itemized below, you must notify the Winston Salem
Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time the
permittee becomes aware of the circumstances.
The permittee shall report to the Winston Salem Regional Office any noncompliance with, and/or any
violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment
impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next
business day if a weekend or holiday) from the time the permittee became aware of the non-compliance
circumstances.
Additional Conditions:
This authorization exempts the Permittee from meeting culvert burial requirements as
stated in Condition II.11 in the attached General Certification #4139\5. The Permittee shall
ensure that the culvert is installed at existing grade such that the stream profile is not
altered and allows for aquatic life movement during low flow conditions. This exemption
does not relieve the Permittee of meeting stream standards as indicated in 15A NCAC 02B.
[15A NCAC 02H .0506(b)(2)] Justification: A project that affects waters shall not be
permitted unless the existing uses, and the water quality to protect such uses, are protected. In
rlPtPrmininn thnt the nrnnncPrl nr'tivity Will rmmnly With QtntP WntPr minllty ztnnr1nrrk
cumulative impacts.
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This
Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by
filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative
Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in
Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative
Code. Additional information regarding requirements for filing a Petition and Petition forms may be
accessed at http://www.ncoah.com/ or by calling the OAH Clerk's Office at [phone].
One (1) copy of the Petition must also be served to the North Carolina Department of Environmental
Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601

DocuSign Envelope ID: D22FAFAl-1 BEA-4EOE-131 B3-700E336226C4
Silver Creek Energy LLC
DWR# 20201234
401 Certification
Page 3 of 3
This letter completes the review of the Division under section 401 of the Clean Water Act and 15A NCAC
02H .0500. Please contact Sue Homewood at 336-776-9693 or Sue. [e-mail] if you
have any questions or concerns.
Sincerely,
�-5'B49E225C94EA
uSiTgned by:
E
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...
LonT. Snider
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ— WSRO
Enclosures: GC 4135
cc: Brad Luckey, Pilot Environmental Inc (via email)
Bryan Roden -Reynolds, USACE Charlotte Regulatory Field Office (via email)
Olivia Munzer, NCWRC (via email)
DWR 401 & Buffer Permitting Unit file