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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. Him. I 10111010� PCN Application page 7 of 14 1411MM= V>,2 square feet (0.004 acres) 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