20150116 Ver 1_Approval Letter_20150218

i DENR
North Carolina Department of Environment and Natural
Pat McCrory
Governor
Mr Matthew Oetting
McGill Associates
1240 19`h Street Lane, NW
Hickory, NC 28601
Resources
Donald van der Vaart
Secretary
February 18, 2015
DWR# 15 -0116
Catawba County
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
Claremont Solar Park
Dear Mr Oetting.
You have our approval, in accordance with the General Certification and those conditions
listed below, for the purpose proposed in your application dated December 16, 2014, and
subsequent information received on February 18, 2015. After reviewing your application, we have
determined that this protect is covered by Water Quality General Certification Number 3890 which
can be viewed on our web site at http / /portal ncdenr oro /web /wo /swp /ws /401 The General
Certification allows you to use Nationwide Permit Number 29 once it is issued to you by the U S
Army Corps of Engineers (COE) 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 above noted Certification will expire when the associated 404 permit expires unless
otherwise specified in the General Certification. It is advised that all conditions of the Certification
are reviewed prior to initiation of the protect In addition to the requirements of the Certification,
you must also comply with the following conditions:
1. This approval is only valid for the purpose and design that you described in your
application If you change your protect, you must notify us in writing, and you may be
required to send us a new application for a new Certification If the property is sold, the
new owner must be given a copy of the Certification and approval letter, and is thereby
responsible for complying with all conditions 15A NCAC 02H 0506 and 15A NCAC 02H
.0507(c) -
2 The Mooresville Regional Office shall be notified in writing once construction at the
approved Impact areas has commenced 15A NCAC 02H 0502 (e)
3. Approved Impacts
Type of Impact
Amount Approved
Temporary Impact
Amount Approved
Permanent Impact
Stream
108 linear ft.
60 linear ft.
Stabilization
O linear ft.
20 linear ft.
Wetland
0.82 acre.
0.52 acre
Mooresville Regional Office, 610 East Center Avenue, Mooresville, North Carolina 28155
Phone: [phone] Internet www nodenr.gov
An Equal Oppodumly 1Affirmabve Acbon Employer — Made in pad by recycled paper

DWR# 15 -0116
4. Diversion Ditches and other storm water conveyances as related to the sediment and erosion
control measures shall be matted and /or stabilized to reduce sediment loss and turbidity This
includes interior /exterior slopes of sediment basins. 15A NCAC 02H 0506 (b)(3) and (c)(3)
5 Bare /fill slopes in excess of 10 -feet in height and within 30 -feet of surface waters shall be
matted 15A NCAC 02H 0506 (b)(3) and (c)(3)
If possible, the use of native vegetation and other soft stream bank stabilization techniques is
recommended where practicable instead of riprap or other bank hardening methods If riprap
is proposed/necessary, it shall not be placed in the streambed, unless approved by DWR
7. Per the General Certification, existing stream dimensions (including the cross section
dimensions, pattern, and longitudinal profile) must be maintained (or restored via constructed
benches) above and below locations of each culvert
8. Any stormwater discharge structures at this site shall be constructed in a manner such that
the potential receiving streams (of the discharge) will not be impacted due to sediment
accumulations, scouring or erosion of the stream banks. 15A NCAC 02H .0506(b)(5)
9 During the construction of the project, no staging of equipment of any kind is permitted in
waters of the U S, or protected riparian buffers 15A NCAC 02H 0506(b)(3)
10. The Permittee shall ensure that the final design drawings adhere to the permit and to the
permit drawings submitted for approval 15A NCAC 02H .0507 (c) and 15A NCAC 02H
.0506 (b)(2) and (c)(2)
11 All mechanized equipment operated near surface waters must be regularly inspected and
maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids,
or other toxic materials 15A NCAC 02H 0506(b)(3)
12 No rock, sand or other materials shall be dredged from the stream channel except where
authorized by this certification 15A NCAC 02H 0506(b)(3)
13. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or
adjacent to surface waters is prohibited 15A NCAC 02H.0506(b)(3)
14. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3.1,
unless otherwise authorized by this certification. 15A NCAC 02H.0506(b)(2)
15 The permittee shall report any violations of this Certification to the Division of Water
Resources within 24 hours of discovery. 15A NCAC 02H .0507(c)
This Certification can be contested as provided in Articles 3 and 4 of the General Statute
1508 by filing a written petition for an administrative hearing to the Office of the Administrative
Hearings (hereby known as OAH) A petition form may be obtained from the OAH at
http: / /www.ncoah.com /or by calling the OAH Clerk's Office at (919) 431 -3000.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the
OAH. A petition is considered filed when the original and one (1) copy along with any applicable
OAH filing fee is received in the OAH during normal office hours (Monday through Friday, 8 00 am
to 5 00 pm, excluding state holidays).

DWR# 15 -0116
The petitions may be faxed to the OAH at (919) 431 -3100, provided the original and one (1)
copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission. Mailing address for the OAH.
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)
Office of Administrative Hearings
1711 New Hope Church Rd
Raleigh, NC 27609 -6285
One (1) copy of the petition must also be served on DENR as follows:
Mr John Evans, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
This letter completes the review by the Division under Section 401 of the Clean Water Act
If you have any questions, please telephone Mr Alan Johnson In the Mooresville Regional Office
at 704 - 663 -1699 or Ms. Karen Higgins in the Central Office in Raleigh 919 - 807 -6360
Sincerely,_
Michael L Parker, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DENR
Attachments
cc Army Corps of Engineers, Asheville
Town Mgr, City of Claremont, 3288 E. Main St., Claremont 28610
Karen Higgins, Wetlands Unit
MRO, Land Quality