HomeMy WebLinkAbout20140300 Ver 1_Approval Letter_20140408'T—_
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvarla, III
Governor Secretary
April 8, 2014
Duplin County
DWR Project #: 14-0300
Warsaw Farm, LLC
Mr. Markus Wilhelm
50100 Governors Drive, Suite 280
Chapel Hill, NC 27517
2 0
Subject Property: Warsaw Solar Farm — Warsaw, NC
i J'4"R WATEE'R r 5'jary
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Wilhelm:
You have our approval, in accordance with the attached conditions and those listed below, to
construct a new solar farm as described within your application dated March 20, 2014. After
reviewing your application, we have decided that the impacts are covered by General Water Quality
Certification Number 3890 (GC 3890).
This Certification allows you to use the Nationwide Permit 39 (NW39) when issued by the U.S.
Army Corps of Engineers. 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, and stormwater 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 Certification can also be found on
line at: littp://portal.nedeiir.oi-i,,/web/wq/swi)/ws/40 I /certsandperrn its.
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.
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
Phone: 910-796-7215\ Internet: www.ncdenr.gov
An Equal Opportunity 1 Affirmative Action Employer — Made in part by recycled paper
Warsaw Solar Farm
Duplin County
2014-0300
The Additional Conditions of the Certification are®
3. This General Certification shall expire on the same day as the expiration date of the
corresponding 404 Permit. The conditions in effect on the date of issuance of the Certification
for a specific project shall remain in effect for the life of the project, regardless of the expiration
of this Certification.
4, The applicant/pennittee 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, than the Division may
reevaluate and modify this General Water Resources Certification.
Any final construction plans for this project must include or reference the application and plans
approved by the Division under this authorization letter and certification. It shall be the
responsibility of the permittee to review all construction drawings with the approved permit
drawings to determine that the drawings are consistent. The applicant shall require the
contractors (and/or agents) to comply with all of the teens 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. Documentation via letter or e-mail must be provided to the Division prior to the start of
construction confirming that the construction drawings are consistent with the permitted
drawings. If the drawings are not consistent, the applicant is required to notify the Division, c/o
Chad Coburn, Wilmington Regional Office and address the inconsistencies prior to working in
wetlands.
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PCN Application page 7 of 14
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PCN Application page 7 of 14
3. This General Certification shall expire on the same day as the expiration date of the
corresponding 404 Permit. The conditions in effect on the date of issuance of the Certification
for a specific project shall remain in effect for the life of the project, regardless of the expiration
of this Certification.
4, The applicant/pennittee 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, than the Division may
reevaluate and modify this General Water Resources Certification.
Any final construction plans for this project must include or reference the application and plans
approved by the Division under this authorization letter and certification. It shall be the
responsibility of the permittee to review all construction drawings with the approved permit
drawings to determine that the drawings are consistent. The applicant shall require the
contractors (and/or agents) to comply with all of the teens 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. Documentation via letter or e-mail must be provided to the Division prior to the start of
construction confirming that the construction drawings are consistent with the permitted
drawings. If the drawings are not consistent, the applicant is required to notify the Division, c/o
Chad Coburn, Wilmington Regional Office and address the inconsistencies prior to working in
wetlands.
3
Warsaw Solar Farm
Duplin County
2014-0300
6. Sediment and Erosion Control Measures
7. No Sediment & Erosion Control Measures within Wetlands or Waters
Sediment and. erosion control measures shall not be placed in wetlands or waters to the
maximum extent practicable.
The turbidity standard of 50 NTUs (Nephelometric Turbidity Units) shall not be exceeded as
described in 15A NCAC 2B 0200. Appropriate sediment and erosion control practices must •
used to meet this standard. Turbidity curtains s hall be used as appropriate. Please notify this
Office if any turbidity issues arise at 910.796.7215.
In7mm4a •
The wetland boundary must be clearly identified as depicted on the jurisdictional determination
map signed by the US Army Corps of Engineers. The wetland boundary identification
(flagging, fencing, etc.) must be maintained until the project is completed.
11. Deed Notification/Mitigation
A recorded copy of the deed notifications or restrictive covenants (if required by the USACE)
for the remaining wetlands on the property shall be included with the Certification of
Completion (see Condition #20 in GC 3890). Any mitigation required by the USACE must also
be complied with.
Warsaw Solar Faun
Duplin County
2014-0300
12. Certificate of Completion
tJpon 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 Resources, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Violations of any condition herein set forth may result in revocation of this Certification a
may result I
in criminal and/or civil penalties. The authorization to proceed with your propos
impacts or to conduct impacts to waters as depicted in your application and as authorized by t
It
Certification shall expire upon expiration of the 404 Permit.
PREMIUM t
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by fili
a written petition for an administrative hearing to the Office of Administrative Hearings (here
known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/ or
calling the OAII Clerk's Office at (919) 431-3000 for information.
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh., NC 27699-6714
If sending via delivery service (UPS,
FedEx, etc):
1711 New Hope Church Road
Raleigh, NC 27609-6285
Lacy Presnell, General. Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
5
Warsaw Solar Farm
Duplin County
2014-0300
I I 'I I I i i I I I i I I MY l i I I i I ill 1 1 11 1' T T
This letter completes the review of the Division of Water Resources under Section 401 of the Clean
Water Act. If you have any questions, please telephone Karen Higgins in the Central Office in
Raleigh at 919-807-6301 or Chad Coburn in the DWR Wilmington Regional Office at 910 -796-
7215.
Sincerely,
Jim Gregson, RegiAal Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDENR
Enclosures: Certificate of Completion
GC 3890
cc: Bradley Lucky — ECS Carolinas, LLP, 4811 Koger Boulevard, Greensboro, NC 27407
Brad Shaver — USACE Wilmington Field Office
Karen Higgins — 401 and Buffer Permitting Unit
WiRO
DWI. Project No.:
Project Name:
Date of Issuance of Wetland Permit:
Certificate of C
Lornpletion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit,
North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be
returned to DWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send
certificates from all of these.
11 --, hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature: Date:
hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature
Em
Signature: - Registration No. Date