20120789 Ver 2_Approval Letter_20121207

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NCDENR
North Carolina Department of Environment and Natura
Division of Water Quality
Beverly Eaves Perdue
Governor
Energy Renewal Partners, LLC
Ms, Trisha Elizondo
305 Camp Craft Road, Suite 575
Austin, TX 78746
Charles Wakild, P. E.
Director
December 7, 2012
Subject Property: Washington, White Post Road Solar Farm
Tar - Pamlico River Basin, Boyd Creek
Resources
Dee Freeman
5ecretary
DWQ Project # 12 -0789 Ver.2
Beaufort County
Approval of 401 Water Quality Certification with Additional Conditions
Dear Ms. Elizondo;
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 84 linear feet of streams for the purpose of placing 2 -78 inch diameter CMP
roadway culverts (44 linear feet and 38 linear feet). It is also proposed 66 linear feet of temporary stream
impacts from the placement of coffer dams during construction, as described within your application
dated November 8, 2012 and received by the N.C. Division of Water Quality (DWQ) on November 30,
2012. After reviewing your application, the proposed impacts are covered by General Water Quality
Certification Number(s) 3886 (GC3886). The Certification(s) allows you to use Nationwide Permit(s) 14
when issued by the US Army Corps of Engineers (USACE). In addition, you should obtain or otherwise
comply with any other required federal, state or local permits before you go ahead with your project
including (but not limited to) Erosion and Sediment Control, Non - discharge regulations. 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 Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
North Carolina Division of Water Quality Internet: www.newater ualit .or
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
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Washington, White Post Road Solar Farm
December 7, 2012
Page 2 of 4
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 are approved
including incidental impacts:
2. Erosion & Sediment Control Practices
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. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and the Mining
Act of 1971.
e. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs),
Trout (Tr), SA, WS -1, WS -II, High Quality (HQW), or Outstanding Resource (ORW) waters,
then the sediment and erosion control requirements contained within Design Standards in
Sensitive Watersheds (15A NCAC 04B .0124) supersede all other sediment and erosion
control requirements.
3. No Waste, Spoil, Solids, or Pill of Any Kind
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 Pre - Construction Notification and authorized by this written
approval, including incidental impacts. 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. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters without prior approval
by DWQ. If placement of sediment and erosion control devices in wetlands and waters is unavoidable,
Amount Approved Units
Plan Location or Reference
Stream
84 (linear feet) Culverts
66 linear feet Temporary
Drawings 1.1 through 1.5
404 /CAMA Wetlands
(acres)
Waters
acres
Buffers
_(square ft.
2. Erosion & Sediment Control Practices
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. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and the Mining
Act of 1971.
e. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs),
Trout (Tr), SA, WS -1, WS -II, High Quality (HQW), or Outstanding Resource (ORW) waters,
then the sediment and erosion control requirements contained within Design Standards in
Sensitive Watersheds (15A NCAC 04B .0124) supersede all other sediment and erosion
control requirements.
3. No Waste, Spoil, Solids, or Pill of Any Kind
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 Pre - Construction Notification and authorized by this written
approval, including incidental impacts. 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. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters without prior approval
by DWQ. If placement of sediment and erosion control devices in wetlands and waters is unavoidable,

Washington, White Post Road Solar Farm
December 7, 2012
Page 3 of 4
then 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
downstream of the above structures. All devices shall be removed and the natural grade restored within
two (2) months of the date that the Division of Land Resources has released the project.
5. If concrete is used during the construction, then a dry work area should be maintained to prevent
direct contact prevent direct contact between curing concrete and stream water. Water that
inadvertently contacts uncured concrete should not be discharged to surface waters due to the
potential for elevated pH and possible aquatic life /fish kills.
6. Work in the Dry
All work in or adjacent to stream waters shall be conducted in a dry work area. Approved best
management practices from the most current version of the NC Sediment and Erosion Control
Manual, or the NC DOT Construction and Maintenance Activities Manual, such as sandbags, rock
berms, cofferdams, and other diversion structures shall be used to minimize excavation in flowing
water.
7. 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 401 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699 -1650.
8. The applicantlpermittee and their authorized agents shall conduct all activities in a manner consistent
with State water quality standards (including any requirements resulting from compliance with
§303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal Law.
If the Division determines that such standards or laws are not being met, including 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, then the Division may reevaluate and modify this General Water
Quality Certification.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and /or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699 -6714. This certification and its conditions are final and binding unless you ask for a
hearing.

Washington, White Post Road Solar Farm
December 7, 2012
Page 4 of 4
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act 15A NCAC 02H..0500. If you have any questions, please telephone Roberto Scheller of the
Washington Regional Office at 252- 948 -2940 or Karen Higgins of the Wetland, Buffer, Stormwater,
Compliance and Permitting (Webscape) Unit at 919 -807 -6360
Sincerely,
For Chuck Wakild, P.E.
Enclosures: Certificate of Completion
GC 3 886
cc: Vanessa Goff, Washington White Post Solar, LLC, 1880 Winton Road, Suite 7, Rochester,
NY 14618
Lauren Sicarelli, Energy Renewal Partners, LLC, 305 Camp Craft Road, Suite 575, Austin,
TX 78746
William Wescott, Corps of Engineers, Washington Regulatory Field Office
DWQ Webscape Unit
DLR, WaRO
File copy
Filename: 12 -4789 Vert