20110615 Ver 2_Approval Letter_20120119

North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Chuck Wakdd P E
Governor Director
January 19 2012
Mr David Shadle
Atlantic Wind LLC
201 King of Prussia Road Suite 500
Radnor PA 19087
Re Desert Wind Power Protect Perquimans and Pasquotank Counties
DWQ #20110615 Ver 2 USACE Action ID No SAW 2010 00903
Perquimans River [030152 30 6 5 (2) SC]
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr Shadle
Attached hereto is a copy of Certification No 3878 issued to Mr David Shadle and Atlantic Wind LLC
dated January 19 2012 This letter shall also act as your approved Authorization Certificate for impacts
to the protected riparian buffers per 15A NCAC 2B 0259 In addition you should get any other federal
state or local permits before you go ahead with your project including (but not limited to) Solid Waste
Sediment and Erosion Control Stormwater Dam Safety Non discharge and Water Supply Watershed
regulations
If we can be of further assistance do not hesitate to contact us
Sm ly
Ad-
harles Wakild P E
C W/kah/ym
Attachments Certificate of Completion
cc Becky Fox EPA 1307 Firefly Road Whittier NC 28789
USACE Washington Regulatory Field Office
Roberto Scheller DWQ Washington Regional Office
Michael Clayton Atlantic Wind LLC 201 Kmg of Prussia Road Suite 500 Radnor PA 19087
Beth Reed KHA Inc 3001 Weston Parkway Cary NC 27513
File Copy
Wetlands Buffers Stormwater Compliance and Permitting Unit (WeBSCaPe)
1650 Mail Service Center Raleigh North Carolina 27699 1650
Phone [phone] FAX [phone]
Internet http //portal ncdenr org /web /wq /ws
An Equal Opportunity 1 Affirmative Action Employer
Dee Freeman
Secretary
Filename 110615Ver2DesertWmdPowerProject (PergwmansAndPasquotank )401_IC

Mr David Shadle and Atlantic Wind LLC
Page 2 of 5
January 19 2012
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92
500 and 95 217 of the United States and subject to the North Carolina Division of Water Quality (DWQ)
Regulations in 15 NCAC 2H Section 0500 and approved authorization for impacts to the protected riparian
buffers per 15A NCAC 2B 0259 to Mr David Shadle and Atlantic Wind LLC who have permission to
fill or otherwise impact 278 44 acres of 404 /wetlands (29 23 acres of permanent impact and 249 21 acres of
temporary impact) and 47 04 acres ofjurisdictional waters (ditches) (1 37 acres permanent impact and
45 67 acres temporary impact) to construct a wind energy generation facility on the property which is
located on a 2 513 acre portion of a 24 242 acre project area 7 5 miles west of Elizabeth City and 2 5 miles
north of the Town of Windfall in Perquimans and Pasquotank Counties North Carolina pursuant to an
application dated August 19 2011 and received by the DWQ on September 16 2011 and by Public Notice
issued by the USACE on September 2 2011 and received by the DWQ on September 2 2011 and by
additional information received on November 15 2011 November 16 2011 and December 19 2011
The application and supporting documentation provides adequate assurance that the proposed work will
not result in a violation of applicable Water Quality Standards and discharge guidelines Therefore the
State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301
302 303 306 307 of PL 92 500 and PL 95 217 if conducted in accordance with the application the
supporting documentation and conditions hereinafter set forth
This approval is for the purpose and design submitted in the application materials and as described in the
Public Notice If the project is changed prior to notification a new application for a new Certification is
required If the property is sold the new owner must be given a copy of the Certification and approval
letter and is thereby responsible for complying with all conditions of this Certification Any new owner
must notify the Division and request the Certification be issued in their name Should wetland or stream
fill be requested in the future additional compensatory mitigation may be required as described in 15A
NCAC 2H 0506 (h) (6) and (7) If any plan revisions from the approved site plan result in a change in
stream or wetland impact or an increase in impervious surfaces the DWQ shall be notified to writing and
a new application for 401 Certification may be required For this approval to be valid compliance with
the conditions listed below is required
Conditions of Certification
1 Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met No other impacts to
wetlands streams and/or buffers are approved including incidental impacts
Type of Wetland
Amount Approved nits
Plan Location or Reference
404/Wetlands — non riparan
278 44 [(acres) 29 23 acres of
Application and Public Notice
permanent impact and 249 21 acres of
temporary impact]
Open Water (ditches)
47 08 [(acres) 137 acres permanent
Application and Public Notice
impact and 45 67 acres temporary
impact]

Mr David Shadle and Atlantic Wind LLC
Page 3 of 5
January 19 2012
Sediment and Erosion Control
2 Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards
a The erosion and sediment control measures for the project must be designed installed
operated and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual
b The design installation operation and maintenance of the sediment and erosion control
measures must be such that they equal or exceed the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual The devices
shall be maintained on all construction sites borrow sites and waste pile (spoil) projects
including contractor owned or leased borrow pits associated with the project
c Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times
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 404/401 Permit Application 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
4 Sediment and erosion control measures shall not be placed in wetlands or waters without prior
approval from the Division If placement of sediment and erosion control devices in wetlands and
waters is unavoidable design and placement of temporary erosion control measures shall not be
conducted in a manner that may result in dis equilibrium of wetlands or stream beds or banks
adjacent to or upstream and down stream of the above structures All sediment and erosion control
devices shall be removed and the natural grade restored within two (2) months of the date that the
Division of Land Resources or locally delegated program has released the project
5 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
Continuing_ Compliance
6 Mr David Shadle and Atlantic Wind LLC shall conduct construction activities in a manner
consistent with State water quality standards (including any requirements resulting from
compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of
State law and federal law If the Division determines that such standards or laws are not being met
(including the failure to sustain a designated or achieved use) or that State or federal law is being
violated or that further conditions are necessary to assure compliance the Division may reevaluate
and modify this Certification to include conditions appropriate to assure compliance with such
standards and requirements in accordance with 15A NCAC 2H 0507(d) Before modifying the
Certification the Division shall notify Mr David Shadle and Atlantic Wind LLC and the US
Army Corps of Engineers provide public notice in accordance with 15A NCAC 2H 0503 and
provide opportunity for public hearing in accordance with 15A NCAC 2H 0504 Any new or
revised conditions shall be provided to Mr David Shadle and Atlantic Wind LLC in writing shall
be provided to the United States Army Corps of Engineers for reference in any Permit issued

Mr David Shadle and Atlantic Wind LLC
Page 4 of 5
January 19 2012
pursuant to Section 404 of the Clean Water Act and shall also become conditions of the 404
Permit for the project
Miti ag tior
7 Compensatory Mitigation Using the Great Dismal Swamp Restoration Bank LLC
Mitigation must be provided for the proposed impacts as specified in the table below We
understand that you wish to make a payment to the Great Dismal Swamp Restoration Bank LLC
to meet this mitigation requirement This has been determined by the DWQ to be a suitable
method to meet the mitigation requirement Until the Great Dismal Swamp Restoration Bank
LLC receives and clears your check no impacts specified in this Authorization Certificate shall
occur The Great Dismal Swamp Restoration Bank LLC should be contacted at [phone]
if you have any questions concerning payment into a restoration fund
T e of Wetland
Com ensator Miti anon Re cared
River and Sub basin Number
404 /Wetlands — non riparian
29 23 (acres)
Pas uotank/03010205
8 Construction Stormwater Permit NCG010000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program an
NPDES General stormwater permit (NCG010000) administered by DWQ is automatically issued
to the project This General Permit allows stormwater to be discharged during land disturbing
construction activities as stipulated by conditions in the permit If your project is covered by this
permit [applicable to construction projects that disturb one (1) or more acres] full compliance
with permit conditions including the sedimentation control plan self monitoring record keeping
and reporting requirements are required A copy of this permit and monitoring report forms may
be found at http / /portal ncdenr orb /c /document hbrarL /get file ?uuid= d15e7ee8 cb50 443f
9dcf 049b001337ac& rrooy Id =38364
Re opener Clause
9 Mr David Shadle and Atlantic Wind LLC and its authorized agents shall conduct its activities in
a manner consistent with State water quality standards (including any requirements resulting from
compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of
State law and federal law Mr David Shadle and Atlantic Wind LLC shall require its contractors
(and/or agents) to comply with all of the terms of this Certification and shall provide each of its
contractors (and/or agents) a copy of this Certification A copy of this Certification shall be
included in the construction contract and available on the job site at all times If DWQ determines
that such standards or laws are not being met (including the failure to sustain a designated or
achieved use) or that State or federal law is being violated or that further conditions are necessary
to assure compliance DWQ may reevaluate and modify this certification to include conditions
appropriate to assure compliance with such standards and requirements in accordance with 15A
NCAC 02H 0507(d) Before modifying the certification DWQ shall notify Mr David Shadle and
Atlantic Wind LLC and the US Army Corps of Engineers provide public notice in accordance
with 15A NCAC 02H 0503 and provide opportunity for public hearing in accordance with 15A
NCAC 02H 0504 Any new or revised conditions shall be provided to Mr David Shadle and
Atlantic Wind LLC in writing shall be provided to the United States Army Corps of Engineers
for reference in any permit issued pursuant to Section 404 of the Clean Water Act and shall also
become conditions of the 404 Permit for the project

Mr David Shadle and Atlantic Wind LLC
Page 5 of 5
January 19 2012
10 Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules and any subsequent modifications the applicant is required to return the attached
certificate of completion to the Wetlands Buffers Stormwater Compliance and Permitting Unit
(WeBSCaPe) North Carolina Division of Water Quality 1650 Mail Service Center Raleigh NC
27699 1650
Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 or CAMA Permit
If this Certification is unacceptable to you you have the right to an adjudicatory hearing upon written
request within sixty (60) days following receipt of this Certification This request must be in the form of a
written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the
Office of Adminibtrative Hearings 6714 Mail Service Center Raleigh N C 27699 6714 If
modifications are made to an original Certification you have the right to an adJudicatory hearing on the
modifications upon written request within sixty (60) days following receipt of the Certification Unless
such demands are made this Certification shall be final and binding
3878
C W/kah/ym
This the 19`h day of January A l
7 O WA // Q ITY G
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3kild P E