20210051 Ver 1_170330 - E Nash PV2 - SHPO Excerpt-State Clearinghouse Comments (1)_20210223

Roy COOPER
GOVERNOR
March 30, 2017
Ms. Lynn Jarvis
North Carolina Department of Commerce
Utilities Commission
4325 Mail Service Center
Raleigh, North Carolina 27699-4325
MACHELLE SANDERS
SE(WTARY
Res SCk1 File # 17-E-4600-0372; Application of Fresh Air Energy 11, LLC for Certificate
to construct a 26 MW Solar Facility in Dash Co. Docket #SP-2665, Sub 41.
Dear Ms. Jarvis:
The above referenced environmental impact information has been reviewed through the State
Clearinghouse under the provisions of the North Carolina Environmental Policy Act.
Attached to this letter are comments made in the review of this document. Because of the nature
of the comments, it has been determined that no further State Clearinghouse review action on
your part is needed for compliance with the North Carolina Environmental Policy Act. The
attached comments should be taken into consideration in project development.
Sincerely,
Crystal Best
State Environmental Review Clearinghouse
Attachments
cc: Region L
Mailing Address: Telephone: [phone] Location:
NC DEPARTMENT OF ADMINISTRATION Fax: [phone] WEST TONES STREET
1301 MAIL SERVICE CENTER COURIER #51-01-00 RAL.EIGH, NORTH CA.ROLINA
RALEIGH, NC 27699-1.301 Email: state. [e-mail]
Website: vWV, c.ti.cira €r,i}c. e;
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ROY COOPER
iIl �!l►�k�l i\G7l 1���� ��i
To: Crystal Best
State Clearinghouse Coordinator
Department of Administration
From: Lyn Hardison /_' '
Division of Environmental Assistance and Customer Service
Environmental Assistance and project Review Coordinator
Washington Regional Office
RE: 17-0372
Environmental Review —Application of Fresh Air Energy II, LLC for the Certificate
to construct a 26 MW Solar Facility
Nash County
Date: March 29, 2017
The Department of Environmental Quality has reviewed the proposal for the referenced project.
Based on the information provided, several of our agencies have identified permits that may be
required and offered some valuable guidance. The comments are attached for the applicant's
review.
If the applicant has any questions pertaining to NCDEQ permitting processes, please suggest to the
applicant to contact David Lee, Permit Assistance Coordinator, in the Department's Raleigh
Regional Office, [phone]. The proposed project is located within his geographic working
territory.
Thank you for the opportunity to respond.
Attachment
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State of North Carolina Department of Environmental Quality
INTERGOVERNMENTAL REVIEW PROJECT COMMENTS
Reviewing Regional Office: RALEIGH
Project Number: 17-0372 Due Date: 3 17 17 � �..<,�P
County: Nash
After review of this project it has been determined that the DEQ permit(s) and/or approvals indicated may need to be obtained in order for this
project to comply with North Carolina Law. Questions regardingthese permits should be addressed to the Regional Office indicated on the
reverse of the form. All applications, information and guidelines relative to these plans and permits are available from the same Regional Office.
3
Normal Process
i
PERMITS I
SPECIAL APPLICATION PROCEDURES or REQUIREMENTS
Time
(statutory time
limit)
I
Permit to construct & operate wastewater
Application 90 days before begins construction or award of
treatment facilities, non-standard sewer system
construction contracts. On -site inspection may be required. Post-
30 days
extensions &sewer systems that do not
i
application technical conference usual.
(90 days)
discharge into state surface waters.
Permit to construct & operate, sewer
extensions involving gravity sewers, pump
Fast -Track Permitting program consists of the submittal of an
30 days
❑
stations and force mains discharging into a
application and an engineer's certification that the project meets all
(N/A)
sewer collection
applicable State rules and Division Minimum Design Criteria.
system
NPDES - permit to discharge into surface water
Application 190 days before begins activity. On -site inspection. Pre -
and/or permit to operate and construct
application conference usual. Additionally, obtain permit to Construct
90-120 days
wastewater facilities discharging into state
wastewater treatment facility -granted after NPDES. Reply time, 30 days
(N/A)
surface waters.
after receipt of plans or issue of NPDES permit -whichever is later.
❑
Water Use Permit
Pre -application technical conference usually necessary.
30 days
(N/A)
Complete application must be received and permit issued prior to the
❑
Well Construction Permit
installation of a groundwater monitoring well located on property not
7 days
owned by the applicant, and for a large capacity (>100,000 gallons per
(15 days)
day) water supply well
Application copy must be served on each adjacent riparian property
❑
Dredge and Fill Permit
owner. On -site inspection. Pre -application conference usual. Filling may
55 days
require Easement to Fill from N.C. Department of Administration and
(90 days)
Federal Dredge and Fill Permit.
Permit to construct & operate Air Pollution
Application must be submitted and permit received prior to
❑
Abatement facilities and/or Emission Sources as
construction and operation of the source. if a permit is required
90 days
per 15 A NCAC (2Q.O100 thru 2Q,0300)
in an area without local zoning, then there are additional
requirements and timelines (2Q.0113).
Any open burning associated with subject
days
®
proposal must be in compliance with 15 A NCAC
N/A
2D.1900
(9900 days)
Demolition or renovations of structures
Please Note - The Health Hazards Control Unit (HHCU) of the N.C.
containing asbestos material must be in
Department of Health and Human Services, must be notified of plans to
®
compliance with 15 A NCAC 20.1110 (a) (1)
demolish a building, including residences for commercial or industrial
60 days
I
which requires notification and removal prior to
expansion, even if no asbestos is present in the building.
(90 days)
demolition. Contact Asbestos Control Group
919-707-5950
The Sedimentation Pollution Control Act of 1973 must be properly addressed for any land disturbing activity. An erosion &
sedimentation control plan will be requited if one or more acres are to be disturbed. Plan must be filed with and approved
20 days
®
by applicable Regional Office (Land Quality Section) at least 30 days before beginning activity. A NPDES Construction
(30 days)
Stormwater permit (NCG010000) is also usually issued should design features meet minimum requirements. A fee of $65
for the first acre or any part of an acre. An express review option is available with additional fees.
Sedimentation and erosion control must be addressed in accordance with NCDOT's approved program. Particular
(30 days)
❑attention
should be even to design and installation of appropriate erimeter sediment trapping
g' gp Aping devices as well as stable
Stormwater conveyances and outlets.
Sedimentation and erosion control must be addressed in accordance with Local Government's approved program.
Based on Local
❑
Particular attention should be given to design and installation of appropriate perimeter sediment trapping devices as well
as stable Stormwater conveyances and outlets.
Program
❑
Compliance with 15A NCAC 2H .0126 - NPDES Stormwater Program which regulates three types of activities: Industrial,
30-60 days
Municipal Separate Storm Sewer System & Construction activities that disturb 21 acre.
(90 days)
Compliance with-1_5A,NCAC 2H.1000-State.Stracmwater Permitting -Programs regulatesite: development, and. post-:
45 days
Elconstruction
stormwater runoff control. Areas subject to these permit programs include all 20 coastal counties, and
(90 days)
various other counties and watersheds throughout the state.
DEQ INTERGOVERNMENTAL REVIEW PROJECT Form Page 1 of 3
January 2017/lbh
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State of North Carolina Department of Environmental Quality
INTERGOVERNMENTAL REVIEW PROJECT COMMENTS
Reviewing Regional Office: RALEiGH
Project Number: 17-0372 Due Date: 3 17 17 ( r
County: Nash
Normal Process
PERMITS
SPECIAL APPLICATION PROCEDURES or REQUIREMENTS
Time
(statutory time
Limit)
On -site inspection usual. Surety bond filed with DEQ Bond amount
❑
Mining permit
varies with type mine and number of acres of affected land. Affected
30 days
area greater than one acre must be permitted. The appropriate bond
(60 days)
must be received before the permit can be issued.
If permit required, application 60 days before begin construction.
Applicant must hire N.C. qualified engineer to: prepare plans, inspect
construction, and certify construction is according to DEQ approved
❑
Dam Safety Permit
plans. May also require a permit under mosquito control program. And i
plans.
30 days
404 permit from Corps of Engineers, An inspection of site is necessary
(60 days)
to verify Hazard Classification. A minimum fee of $200.00 must
accompany the application. An additional processing fee based on a
percentage or the total project cost will be required upon completion.
❑
Oil Refining Facilities
N/A
90-120 days
(N/A)
File surety bond of $5,000 with DEQ running to State of NC conditional
10 days
❑
Permit to drill exploratory oil or gas well
that any well opened by drill operator shall, upon abandonment, be
N/A
plugged according to DEQ rules and regulations.
❑
Geophysical Exploration Permit
Application flied with DEQ at least 10 days prior to issue of permit.
10 days
Application by letter. No standard application form.
N/A
Application fee based on structure size is charged. Must include
15-20 days
❑
State Lakes Construction Permit
descriptions & drawings of structure & proof of ownership of riparian
N/A
property
i
Compliance with the T15A 02H .0500 Certifications are required
60 days
❑
401 Water Quality Certification
whenever construction or operation of facilities will result in a
(130 days) I
discharge into navigable water as described in 33 CPR part 323,
Compliance with Catawba, Goose Creek, Jordan Lake, Randleman, Tar Pamlico or Neuse Riparian Buffer Rules is required.
®
Buffer requirements l.ta d ,, ,��t uE ' ,� sici����uater -�rurc w p„r n vi- ar pis: c,��latrr
Cifca+iC. �`!=£�l-L'i2€Et;lf>-ilfi TP( i{:i" �I!-i ,3 k'I€�.,,,_ hi fB�L� r:�Ct.')n:12 O CCr�lE.
Nutrient Offset: Loading requirements for nitrogen and phosphorus in the Neuse and Tar -Pamlico River basins, and in the
l
Jordan and Falls Lake watersheds, as part of the nutrient -management strategies in these areas. DWR nutrient offset
!
❑
information:
re oq r j/ anmini'-ft )gl n tiQJ tic:.. C"i'S I7£.liiYYBPt'it {ti; t-if; € Q'i Sra-. iI5:i7rli;mi!ri
�� 1 .........., ..........�.,,..
❑
CAMA Permit for MAJOR development
$250,00 - $475.00 fee must accompany application
75 days
(150 days)
❑
CAMA Permit for MINOR development
$100.00 fee must accompany application
22 days
(25 days)
®
Abandonment of any wells, if required must be in accordance with Title 1SA. Subchapter 2C.0100.
ED
Notification of the proper regional office is requested if "orphan" underground storage tanks (USTS) are discovered during
any excavation operation.
Plans and specifications for the construction, expansion, or alteration of a public water system must be approved by the
Division of Water Resources/Public Water Supply Section priorto the award of a contract or the initiation of construction
❑
as per 1SA NCAC 18C ,0300 et, seq., Plans and specifications should be submitted to 1634 Mail Service Center, Raleigh,
30 days
North Carolina 27699-1634. All public water supply systems must comply with state and federal drinking water monitoring
requirements, For more information, contact the Public Water Supply Section, (919) 707-910D.
If existing water lines will be relocated during the construction, plans for the water line relocation must be submitted to
❑
the Division of Water Resources/Public Water Supply Section at 1634 Mail Service Center, Raleigh, North Carolina 27699-
30 days
1634. For more information, contact the Public Water Supply Section, [phone].
Plans and specifications for the construction, expansion, or alteration of the water system must be approved
❑
through the delegated plan approval authority, Please contact them at for further information,
DEQ INTERGOVERNMENTAL REVIEW PROJECT Form Page 2 of 3
January 2017/lbh
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State of North Carolina Department of Environmental Quality
INTERGOVERNMENTAL REVIEW PROJECT COMMENTS
Reviewing Regional Office: RALEIGH
Project Number: 17-0372 Due Date: 3/17/17 E ](I
County: Nash
Other Comments (attach additional pages as necessary, being certain to comment authority)
Division
initials
No
Comments
Date
comment
Review
DAQ
DDM
❑
2/27/17
DWR-WQROS
DS &RB
❑
Fresh Air Energy It, ILC 26 MW
3/16/17
(Aquifer & Surface)
- A project that disturbs 1 acre or greater is required to secure an erosion
3/17/17
and sedimentation control plan and must comply with construction
stormwater permit conditions (NCG010000)
Footprint of project includes unnamed tributary to Sapony Creek Class C --
NSW in the Tar River basin. Riparian buffer rules DO apply to these stream
features.
The USGS Topographic map did depict topographic crenulations, indicating
streams may be within or adjacent to the project footprint. (Note: the soil
survey was not reviewed.)
If wetland, riparian buffers or stream impacts are proposed, this project will
need to comply with/secure a 404 permit from the USAGE, obtain a 401
Water Quallty Certification authorization and a riparian buffer
authorization. &
DWR-PWS
NA
❑
NA
DEMLR (LQ & SW)
CDA
❑
2/27/17
DWM — UST
MRP
3/17/17
Other Comments
I
REGIONAL OFFICES
Questions regarding these permits should be addressed to the Regional Office marked below.
❑ Asheville Regional Office ❑ Fayetteville Regional Office ❑ Mooresville Regional Office
2090 U.S. 70 Highway 22S Green Street, Suite 714, 610 East Center Avenue, Suite 301,
Swannanoa, NC 28778-8211 Fayetteville, NC 28301-5043 Mooresville, NC 28115
Phone:[phone] Phone:[phone] Phone:[phone]
Fax: [phone] Fax: [phone] Fax: [phone]
® Raleigh Regional Office
3800 Barrett Drive,
Raleigh, NC 27609
Phone:[phone]
Fax: [phone]
❑ Washington Regional Office
943 Washington Square Mall,
Washington, NC 27889
Phone: [phone]
Fax:[phone]
❑ Winston-Salem Regional Office
450 Hanes Mill Road, Suite 300,
Winston-Salem, NC27105
Phone: [phone].
Fax:[phone]
❑ Wilmington Regional Office
127 Cardinal Drive Ext.,
Wilmington, NC 28405
Phone:[phone]
Fax:[phone]
DEQ INTERGOVERNMENTAL REVIEW PROJECT Form Page 3 of 3
January2017/lbh
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NORTH CAROLIN A STATE CLEARINGHOUSE
DEPARTMENT OF ,ADMINISTRATION �
INTERGOVERNMENTAL REVIEW IL
COUNTY c NASH
H11 a ENERGY RRLATED
FACILITIES/ACTIVTTIES
MS RENEE GLEDHILL-EARLEY
CLEARINGHOUSE COORDINATOR.
DEPT OF NATURAL, & CULTURAL RESOURCE
STATE 1:11STORIC PRESERVATION OFFICE
MSC 461-7 - ARCHIVES DUILDING
RALEIGH NC
REVIEW DISTRIBUTION
DEPT OF AGRICULTURE
DEFT OF ENVIRONMENTAL QUALTTY
DEPT OF NATURAL & CULTURAL RESOURCE
DEFT OF TRANSPORTATION
DNCR NATURAL HERITAGE PROGRAM
DPS - DIV OF EMERGENCY MANAGEMENT
UPPER COASTAL PLAIN COG
PROJ'8CT INFORMATION
APPLICANT: North Carolina Department of Commerce
TYPE: State Environmental Policy Act
Environmental Review
0
STATE DER: 1`7-E-4600-037
DATE RECEIVED: 02/20/2017 �
AGENCY RESpoNsEP 03/17/2017
REVIEW CLOSED: 03/22/2017
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DESC: Application of Fresh Air Energy II, LLC for Certificate to construct a 26 MW
Solar Facility in Nash Co. Docket ##SP-2665, Sub 41. - View document at
http://starwl.ncuc.net/NCUC/partal/ncuc/page/Dockets/portal.aspx, Type SP-2665
Sub 41 in the Docket Number search line.
Located at 913 E. Nash Street, Spring Hope, NC
The attached project has been submitted to the N. C. State Clearinghouse for
-ntergovernmental review. Please review and submit your response by the above
indicated elate to 1301 Mail Service Center, Raleigh NC 27699-1301.
If additional review time is needed, Please contact this office at [phone].
AS A RESULT OF THIS REVIEW THE FOLLOWIIVTG IS SUBMITTED: 9NO COMMENT ❑ COMMENTS ATTACHED
SIGNED BY: DATE -
RECEIVED
Secretary's
MAP S 0 209
(Xfice
DOA