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HomeMy WebLinkAbout20140301 Ver 2_Modifications_20141215SSE BLAN HARD ENGINEERING December 11, 2014 Ms Karen Higgins NC DENR Division of Water Resources 401 & Buffer Permitting Unit 1617 Mail Service Center Raleigh, NC 27699 -1617 SUBJECT DWR Project # 14 -0301 Modification Request, Kenansville Solar Farm, LLC, Kenansville, NC Ms Higgins, Entropy Solar Integrators, LLC, formerly Argand Energy Solutions, LLC, has requested a design revision to th-e subject project The design revision includes adding two additional permanent wetland impacts that total an additional 917 sf of impact area Total wetland impact area is now proposed to be 2,475 sf The design revision has been submitted and approved by the Corps of Engineers, Wilmington District Please find enclosed three copies of the revised plans, 404 Permit request revision, revised General Permit dated November 25, 2014 and application fee If you have any question or need additional information, please contact me at steve @iimblanchardassociates com or (910) 271 -0613 Sincerely, Steve Blanchard, PE CF Entropy Solar Integrators, LLC FC, 15 2094 DENR -LAND QUALITY ,gTORMV%IATER PERMITTING 2207 Granville Drive Goldsboro, NC 27530 (910) 271 -0613 steve @jimblanchardassociates com S'EVE BLANCHARD ENGINEERING November 21, 2014 USACE Wilmington Regulatory Field Office Attn Brad Shaver P O Box 1890 Wilmington, NC 28412 SUBJECT SAW- 2013 - 01906, Argand Energy Solutions LLC, Kenansville Solar Farm Mr Shaver, Per our telephone conversation, please find attached an electronic set of revised plans for the subject project The developer is requesting to update the 404 permit to include two additional permanent wetland impact areas These two permanent wetland impact areas are necessary to provide permanent maintenance access to the most eastern portion of the PV array The original 404 permit application included two temporary wetland impact areas to permit construction access to the most eastern portion of the PV array However, it was misunderstood by the designer for permanent vehicle access to this area The original design intent was to provide permanent vehicle access to only the inverter locations The two proposed additional wetland impact areas impact a total of 917 sf, and increase the total project wetland impact from 1,558 sf to 2,475 sf The two temporary wetland impact areas in the same vicinity can not be converted to permanent because the panel layout would not provide access to the isolated panels located between the wetlands. The revised plans reflect Argand Energy Solutions, LLC new company name Entropy Solar Integrators, LLC Please advise if company name change requires any additional notification to the Corps of Engineers If you have any question or need additional information, please contact me at Steve @rnmblanchardassociates com or (910) 271 -0613 Sincerely, Steve Blanchard, PE 2207 Granville Drive Goldsboro, NC 27530 (910) 271 -0613 steve@Jimblanchardassociates com "REVISION" Electronically Transmitted U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id SAW - 2013 -01906 County Duplm U S G S Quad NC- KENANSVILLE GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee Argand Energy Solutions, LLC Agent Steve Blanchard Engineering Attn: Mr. Rob Lease attn: Mr. Steve Blanchard Address 2727 Westinghouse Blvd, Suite 100 2207 Granville Drive Charlotte, NC 28273 Goldsboro, NC 27530 Size (acres) 27.93 Nearest Town Kenansville Nearest Waterway Grove Creek River Basin Northeast Cape Fear. North Carolina. USGS HUC 3030007 Coordinates Latitude 34.9703630415175 Longitude - 77.973678385851 Location description The Town owned property is located along Bowdens Road northwest of Kenansville in Duplin County. Description of projects area and activity This permit authorizes both temporary and permanent impacts associated with the construction of solar array contained within the Argand Kenansville Solar Farm. The wetland impacts cumulatively, both temporary (0.03) and permanent (0.03), total 0.06 of an acre. Applicable Law ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization Regional General Permit Number or Nationwide Permit Number NW -39 SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information dated request cover dated 11/21/2014 and site plan revision date 11/09/2014. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and /or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i e , are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification You should contact the NC Division of Water Quality (telephone 919- 807 -6300) to determine Section 401 requirements For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N C Division of Coastal Management in Morehead City, NC, at (252) 808 -2808 This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals /permits If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Brad Shaver at 910 - 251 -4611 or Brad. E.Shaver(ii),usace.army.mil SHAVER BRAD E 12766017 Corps Regulatory Official 56 a p ";s°>„o„% Date November 25, 2014 Expiration Date of Verification March 18, 2017 Determination of Jurisdiction: A. ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 33 1) B. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification C. ® There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344) Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification i D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action Please reference jurisdictional determination issued Action ID SAW- Basis For Determination: The subject area exhibits wetland criteria as described in the 1987 Corps Delineation Manual and is adjacent to Grove Creek which is ultimately a tributary of the Northeast Cape Fear River. Remarks: The Jurisdictional Determination was reviewed by Mr. David Bailey on 8/22/2013. ** See attached special conditions. The Wilmington District is committed to providing the highest level of support to the public To help us ensure we continue to do so, please complete our customer Satisfaction Survey online at http //re ug latory usacesurvey coin/ Copy furnished (electronic) Property Owner Town of Kenansville Attn Mr Tommy Combs 332 Bowdens Road Kenansville, NC 28349 SAW- 2013 -01906 * *REVISION ** SPECIAL CONDITIONS AID# 2013 -01906 Argand Energy Solutions LLC 1 The temporary culverts at impact sites #2 and #3 must be removed when the construction phase is complete The areas should be restored to the original wetland elevation and reseeded with a native wetland seed mix 2 Wetland impact areas #5 and #6 must be installed with culverts to maintain the flow and circulation in the wetlands within the property 2 As committed in the application, any work in wetlands should be conducted from equipment using low pressure rubber tires and the use of temporary wetland mats as dictated by site conditions There is no mechanized land clearing authorized by this permit outside the 6 impact sites described in the application. SHAVER BRAD.E 1 ��1ie1 ��5" Woo Datr e'oW 276601756 ° 05" —SHA EMADEI —1756 ri11d 1115 165319 -05 00' Brad Shaver 11/25/2014 Action ID Number: SAW- 2013 -01906 I I County: Duplin Permittee: Argand Energy Solutions Project Name: Kenansville Argand Farm Date Verification "REVISION" Issued: 11/25/2014 Project Manager: Brad Shaver Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: Brad Shaver 69 Darlington Ave Wilmington, NC 28403 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date