20201221 Ver 1_401 Approval Letter_20201218

DocuSign Envelope ID: 9COFA1AB-5EF3-49A5-9B12-0983AFCAA70E
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
Highest Power Solar, LLC
Attn: Matt McGovern
880 Apollo Street, Suite 333
El Segundo, CA 90245
NORTH CAROLINA
Environmental Quality
December 18, 2020
DWR # 20201221
Franklin County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Highest Power Solar Farm
Dear Mr. McGovern:
You have our approval for the impacts listed below for the purpose described in your application dated
October 29, 2020, received by the Division of Water Resources (Division) October 19, 2020 and payment
received October 21, 2020 and additional information received on December 16, 2020. These impacts
are covered by the attached Water Quality General Certification Number 4135. 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.
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
404/401 Wetlands
W1: Road Crossing -Fill
0.005 (acres)
0 (acres)
W2: Road Crossing -Fill
0.065 (acres)
0 (acres)
Stream
S1: Road Crossing -Rip Rap
21 (linear feet)
0 (linear feet)
S1: Road Crossing-Dewatering
0 (linear feet)
42 (linear feet)
S2: Road Crossing -Culvert Replacement
6 (linear feet)
0 (linear feet)
S2: Road Crossing -Rip -Rap
37 (linear feet)
0 (linear feet)
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office 13800 Barrett Drive I Raleigh, North Carolina 27609
NORTH CAROLINA
......eMof Envimn.....Uual1 /`� 919.791.4200

DocuSign Envelope ID: 9COFA1AB-5EF3-49A5-9B12-0983AFCAA70E
Highest Power Solar Farm
DWR# 20201221
401 Certification
Page 2 of 3
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
S2: Road Crossing-Dewatering
0 (linear feet)
43 (linear feet)
S3: Road Crossing-Culvert/Fill
22 (linear feet)
0 (linear feet)
S3: Road Crossing -Rip Rap
26 (linear feet)
0 (linear feet)
S3: Road Crossing-Dewatering
0 (linear feet)
45 (linear feet)
S4: Road Crossing-Culvert/Fill
21 (linear feet)
0 (linear feet)
S4: Road Crossing -Rip Rap
19 (linear feet)
0 (linear feet)
S4: Road Crossing-Dewatering
0 (linear feet)
42 (linear feet)
S5: Road Crossing-Culvert/Fill
21 (linear feet)
0 (linear feet)
S5: Road Crossing -Rip Rap
23 (linear feet)
0 (linear feet)
S5: Road Crossing-Dewatering
0 (linear feet)
54 (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
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, you must notify the Raleigh 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 Raleigh 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.
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:

DocuSign Envelope ID: 9COFA1AB-5EF3-49A5-9B12-0983AFCAA70E
Highest Power Solar Farm
DWR# 20201221
401 Certification
Page 3 of 3
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division under section 401 of the Clean Water Act and 15A NCAC
02H .0500. Please contact Stephanie Goss at 919-791-4256 or [e-mail] if you have
any questions or concerns.
Sincerely,
DOCUSigned by:
8CDA9D825D4A46D...
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Enclosures: GC 4135
cc: Brad Luckey, Pilot Environmental Inc. (via email)
Andy Williams, USACE Raleigh Regulatory Field Office (via email)
Gabriella Garrison, NCWRC (via email)
DWR 401 & Buffer Permitting Unit file