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Home My WebLink About20210690 Ver 1_Approval Letter_20210914DocuSign Envelope ID: FDF3729E-D3E5-43F9-BD5E-62227FADC6BF ROY COOPER Governor ELIZABETH S. BISER Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality September 14, 2021 DWR # 20210690 Northampton County VL Director Land Holdings, LLC Attn: Nicholas Tillson 192 Raceway Drive Mooresville, NC 28117 (via email nick. tillson(asunenergyl. com) Oak Solar, LLC Attn: Kenny Habul 192 Raceway Drive Mooresville, NC 28117 (via email project. development(asunenergyl. com) Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Oak Solar Dear Mr. Tillson and Mr. Habul: You have our approval for the impacts listed below for the purpose described in your application dated May 11, 2021, received by the Division of Water Resources (Division) May 11, 2021, and payment received May 21, 2021, with additional information received on July 22 and September 2, 2021. 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 Wetland W2: Culvert 0. 05 18 (acres) 0 (acres) W3: Culvert 0.0493 acres 0 acres W4: Culvert 0.1169 acres 0 acres W5: Culvert 0.2511 (acres) 0 (acres) W6: Culvert 0.1119 (acres) 0 (acres) D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources 9f -Jo_.--_Raleigh Regional Office 13800 Barrett Drive I Raleigh, North Carolina 27609 NORM CAROLINA oen=mmeMaienlimmem lOuNRY r 919.791.4200 DocuSign Envelope ID: FDF3729E-D3E5-43F9-BD5E-62227FADC6BF Oak Solar DWR# 20210690 401 Certification Page 2 of 3 Compensatory Mitigation Using a Private Mitigation Bank Mitigation must be provided for the proposed impacts as specified in the table below. The Division has received a Statement of Availability letter from the Great Dismal Swamp Restoration Bank, LLC- Timberlake Farm and the Timberlake Mitigation Bank to meet this mitigation requirement located in HUC03010204 and/or 03010205. Until the Great Dismal Swamp Restoration Bank, LLC receives and clears your payment, and proof of payment has been provided to this Office, no impacts specified in this Certification shall occur. For accounting purposes, this Certification authorizes payment to the Great Dismal Swamp Restoration Bank, LLC to meet the following compensatory mitigation requirement [15A NCAC 02H .0506(c)]: Compensatory Compensatory Bank Sponsor River & Sub -Basin Mitigation Mitigation Required Number Wetlands 0.5810 (acres) Timberlake Mitigation Chowan: 03010204 Bank and/or 03010205 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 determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the project must provide for replacement of existing uses through compensatory mitigation. 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 (919) 431-3000. 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: FDF3729E-D3E5-43F9-BD5E-62227FADC6BF Oak Solar DWR# 20210690 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 021-1.0500. Please contact Stephanie Goss at 919-791-4256 or Stephanie.Goss@ncdenr.gov if you have any questions or concerns. Sincerely, DOCUS] ned by: BCDA9D825D4A46D... Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ Enclosures: GC 4135 cc: Anthony Scarborough, USACE Washington Regulatory Field Office (via email) DWR 401 & Buffer Permitting Branch electronic file