20110615 Ver 3_Application_20150601

Ms. Karen Higgins
Division of Water Quality
512 N. Salisbury Street
Mail Stop 942G1
Raleigh, NC 27604
RE: Desert Wind Project
401 Water Quality Certificate Modification
DWQ #20110615, Ver. 2
Dear Ms. Higgins:
�d� � c�InISV 3
May 15, 2015
uuJUN o 1 2015
In an effort to optimize and refine the Project Design for the Desert Wind Project, Atlantic
Wind, LLC has identified an opportunity to improve construction access to the Project site.
Atlantic Wind respectfully requests modification of the Water Quality Certificate (see attached)
for changes to the overall Project Design, as described in detail below and within the attached
documents.
Under the current Certificate for the Desert Wind Project, construction vehicles would access
the Site from Turnpike Road (SR 1001) via North Carolina (NC) State Highway 158 (See
attached Ditch Impact Overview Map). It was assumed for the Certificate that Turnpike Road
(SR 1001) would be temporarily widened to accommodate turn radii at the intersection of
Turnpike Road (SR 1001) and NC 158, as well as at Turnpike Road where entering the Site.
No upgrades or replacements were proposed by Atlantic Wind for any bridge crossings. All
proposed roadway improvements would occur within existing North Carolina Department of
Transportation (NCDOT) rights -of -way.
In an effort to minimize overall disturbance and impact to roads, residences, and communities
along these roads, Atlantic Wind, LLC proposes an alternate primary construction access off
of US Hwy 17. This alternate route would follow an existing farm access road directly into the
Project site (See attached Ditch Impact Overview Map). Improvements would be required at
the intersection of this access road and US Hwy 17 as well as the intersection at SR 1469
and the entire length of the access road (approximately 16,650 feet) would be temporarily
widened. Construction access via the US Hwy 17 route will alleviate potential indirect impacts
and disturbances to area residences and communities resulting from using the Turnpike Road
as primary access for construction (construction traffic, noise, dust, etc.). All impacts to
waters (ditches) associated with the US Hwy 17 access route are short-term and temporary,
and specifically associated with expanded turning radii at the intersections and new
culverts /culvert extensions associated with the road widening.
The Turnpike Road (SR 1001) access will be utilized as the primary access /entrance to the
Site during operations (following project construction). The US Hwy 17 route will be the
primary access during construction. Following completion of all construction, the US Hwy 177
corridor will be restored to pre- construction conditions and the permanent project entrance will
be the Turnpike Road access point.
laerdrola Renewables, LLC
Two Radnor Coipc, ate Center, 4uatie 2001
100 Matso ,ford R =,ad Radnor, PA 19087
Telephone (484) 6r)4-1807, Fay t434? 654- 1 009
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The following permit drawings are included as part of this submittal to document the specific
location and acreages associated with the new temporary impacts to jurisdictional waters
(ditches):
• Ditch 39 (associated with expanded turn radii at US Hwy 17) - 0.0059 acre
• Ditch 38 (associated with expanded turn radii at US Hwy 17) — 0.0061 acre
• Ditch 37 (associated with culvert extension) — 0.0005 acre
• Ditch 36 (associated with new culvert) — 0.0170 acre
• Ditch 30 (associated with culvert extension) — 0.0013 acre
• Ditch 25 (associated with culvert extension) — 0.0013 acre
• Ditch 18 (associated with culvert extension) — 0.0010 acre
• Ditch 42 (associated with expanded turn radii at SR 1469) — 0.0518 acre
TOTAL NEW TEMPORARY IMPACT: 0.0849 acre
To offset the temporary impacts to jurisdictional waters associated with this alternate primary
construction access, Atlantic Wind, LLC has modified the Project Design to further avoid and
minimize impacts authorized through Permit Action ID SAW- 2010 - 00903. As a result, there
will be a decrease in impacts to jurisdictional areas associated with this alternate construction
access. The approximately 0.085 acre of temporary impact anticipated from this construction
access will be offset through footprint reduction measures that will be implemented during
construction. Specifically, the construction easement footprint of wind turbine generator
(WTG) R7 has been reduced to further minimize the impacts to adjacent jurisdictional waters
(ditches) that were previously authorized for impacts under the existing project permit (See
Attached).
The following permit drawings are included as part of this submittal to document the specific
location and acreages associated with these reduced impacts to jurisdictional waters
(ditches):
Ditch D609 (reduced WTG construction footprint)
• Authorized permit impact area: 0.3059
• Reduced impact area: 0.0550
• Permit impact balance: 0.2509
Ditch D613 (reduced WTG construction footprint)
• Authorized permit impact area: 0.1103
• Reduced impact area: 0.0559
• Permit impact balance: 0.0544
TOTAL IMPACT REDUCTION: 0.1109 acre
In summary, the alternative primary construction access road will result in temporary impacts
to 0.0849 acre of jurisdictional waters (ditches) and the reduced construction easement
footprint for the WTG will reduce the permitted project impacts to jurisdictional waters by
0.1109 acre resulting in a net overall project impact reduction of 0.026 acre.
The U.S. Army Corps of Engineers provided their authorization to move forward with these
proposed changes on September 9, 2014. Specifically, the U.S. Army Corps of Engineers
confirmed that the proposed changes would not require the modification of Permit SAW -2010-
00903, but that a Memorandum for the Record was issued to the existing file with the
attached supporting information (see attached).
Atlantic Wind, LLC has received a Stormwater Permit and Erosion and Sediment Control
approval from the North Carolina Department of Natural Resources for the alternative US
Hwy 17 access (see attached).
1berdrola Renewabies. LLC !pGI
Rad nor Go, poratt, Gen' ze! Suite 100 MLatsnntofd Foal, R+]itloi, PA 19087
Tolep cone [phone]; Fax ;4841 664 -1069
vomw 3tieidrolaisnewab1es.us

We are coordinating with the North Carolina Division of Coastal Management concurrently to
modify and /or update the Coastal Management Certification that was issued for the Project on
March 5, 2012 (see attached).
This proposed temporary construction access was surveyed for archaeological resources and
reported to the North Carolina Department of Cultural Resources, State Historic Preservation
Office (SHPO) in November 2011. This supplemental investigation concluded that since no
artifacts were recovered during survey efforts, no historic properties would be affected by the
proposed alternate construction access, and that no further work is recommended. The
SHPO concurred with the conclusions of this supplemental report in a letter dated December
13, 2011.
Atlantic Wind, LLC also has been coordinating with the NCDOT regarding the design of this
alternate construction access. All entrances onto US Hwy 17 will be designed and
constructed in accordance with applicable NCDOT rules and guidelines.
Thank you for your continued efforts on the Desert Wind Project. If you have any questions
or require any additional information to proceed with this request for modification, please do
not hesitate to contact me. We look forward to hearing from you soon.
Sincerely,
Michael Clayton
Permit Manager
Iberdrola Renewables, LLC
Cc: Craig Poff /Iberdrola Renewables
Walter Meisner /Iberdrola Renewables
Iberdrola Rene aWes;L LC
a Ywn Ra dnc .'- ruoralp £vp Eie4 Suke 200
Telephone (W^ &'-7354-18667- Fax [phone]
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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Chuck Wakild, P.E.
Governor Director
January 19, 2012
Mr. David Shadle
Atlantic Wind, LLC
201 King of Prussia Road, Suite 500
Radnor, PA 19087
Re: Desert Wind Power Project, Perquimans and Pasquotank Counties
DWQ #20110615, Ver. 2; USACE Action ID. No. SAW - 2010 -00903
Perquimans River [030152, 30- 6- 5 -(2), SC]
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Shadle:
Dee Freeman
Secretary
Attached hereto is a copy of Certification No. 3878 issued to Mr. David Shadle and Atlantic Wind, LLC,
dated January 19, 2012. This letter shall also act as your approved Authorization Certificate for impacts
to the protected riparian buffers per 15A NCAC 2B .0259. In addition, you should get any other federal,
state or local permits before you go ahead with your project including (but not limited to) Solid Waste,
Sediment and Erosion Control, Stormwater, Dam Safety, Non - discharge and Water Supply Watershed
regulations.
If we can be of further assistance, do not hesitate to contact us.
a I
harles Wakild, P.E.
C W/kah/ijm
Attachments: Certificate of Completion
cc: Becky Fox, EPA, 1307 Firefly Road, Whittier, NC 28789
USACE Washington Regulatory Field Office
Roberto Scheller, DWQ Washington Regional Office
Michael Clayton, Atlantic Wind, LLC, 201 King of Prussia Road, Suite 500, Radnor, PA 19087
Beth Reed, KHA, Inc., 3001 Weston Parkway, Cary, NC 27513
File Copy
Filename: 110615 Ver2DesertW indPowerProject (PerquimansAndPasquotank)401 _IC
Wetlands, Buffers, Stormwater Compliance and Permitting Unit (WeBSCaPe)
1650 Mail Service Center, Ralegh, North Carolina 27699 -1650
Phone: [phone] FAX [phone]
Internet http , //portal.ncdenr.org!weblwglws
An Equal Opportunity 1 Affirmative Action Employer

Mr. David Shadle and Atlantic Wind, LLC
Page 2 of 5
January 19, 2012
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-
500 and 95 -217 of the United States and subject to the North Carolina Division of Water Quality (DWQ)
Regulations in 15 NCAC 2H, Section .0500 and approved"authorization for impacts to the protected riparian
buffers per 15A NCAC 2B .0259, to Mr. David Shadle and Atlantic Wind, LLC, who have permission to
fill or otherwise impact 278.44 acres of 404 /wetlands (29.23 acres of permanent impact and 249.21 acres of
temporary impact) and 47.04 acres of jurisdictional waters (ditches) (1.37 acres permanent impact and
45.67 acres temporary impact) to construct a wind energy generation facility on the, property, which is
located on a 2,513 acre portion of a 24,242 acre project area 7.5 miles west of Elizabeth City and 2.5 miles
north of the Town of Windfall in Perquimans and Pasquotank Counties, North Carolina, pursuant to an
application dated August 19, 2011, and received by the DWQ on September 16, 2011, and by Public Notice
issued by the USACE on September 2, 2011, and received by the DWQ on September 2, 2011, and by
additional information received on November 15, 2011, November 16, 2011, and December 19, 2011.
The application and supporting documentation provides adequate assurance that the proposed work will
not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the
State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301,
302, 303, 306, 307 of PL 92 -500 and PL 95 -217 if conducted in accordance with the application, the
supporting documentation, and conditions hereinafter set forth.
This approval is for the purpose and design submitted in the application materials and as described in the
Public Notice. If the project is changed, prior to notification a new application for a new Certification is
required. 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 of this Certification. Any new owner
must notify the Division and request the Certification be issued in their name. Should wetland or stream
fill be requested in the future, additional compensatory mitigation may be required as described in 15A
NCAC 2H .0506 (h) (6) and (7). If any plan revisions from the approved site plan result in a change in
stream or wetland impact or an increase in impervious surfaces, the DWQ shall be notified in writing and
a new application for 401 Certification may be required. For this approval to be valid, compliance with
the conditions listed below is required.
Conditions of Certification:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts to
wetlands, streams, and/or buffers, are approved including incidental impacts:
of Wetland
Amount Approved Units
Plan Location or Reference
-Type
404 /Wetlands — non -riparian
278.44 [(acres) 29.23 acres of
Application and Public Notice
permanent impact and 249.21 acres of
temporary impact]
Open Water (ditches)
47.08 [(acres) 1.37 acres permanent
Application and Public Notice
impact and 45.67 acres temporary
impact]

Mr. David Shadle and Atlantic Wind, LLC
Page 3 of 5
January 19, 2012
Sediment and Erosion Control:
2. Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. TheJesign, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal; or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. - The devices
shall be maintained omall construction sites, borrow sites, and waste pile (spoil) projects,
including contractor -owned or leased borrow pits associated with the project.
c. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the 404/401 Permit Application. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water quality standards,
statutes, or rules occur;
4. Sediment and erosion control measures shall not be placed in wetlands or waters without prior
approval from the Division. If placement of sediment and erosion control devices in wetlands and
waters is unavoidable, design and placement of temporary erosion control measures shall not be
conducted in a manner that may result in dis- equilibrium of wetlands or stream beds or banks,
adjacent to or upstream and down stream of the above structures. All sediment and erosion control
devices shall be removed and the natural grade restored within two (2) months of the date that the
Division of Land Resources or locally delegated program has released the project;
5. Protective Fencing - The outside buffer, wetland or water boundary and along the construction
corridor within these boundaries approved under this authorization shall be clearly marked with
orange warning fencing (or similar high visibility material) for the areas that have been approved to
infringe within the buffer, wetland or water prior to any land disturbing activities;
Continuing Compliance:
6. Mr. David Shadle and Atlantic Wind, LLC shall conduct construction activities in a manner
consistent with State water quality standards (including any requirements resulting from
compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of
State law and federal law. If the Division determines that such standards or laws are not being met
(including the 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, the Division may reevaluate
and modify this Certification to include conditions appropriate to assure compliance with such
standards and requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the
Certification, the Division shall notify Mr. David Shadle and Atlantic Wind, LLC, and the US
Army Corps of Engineers, provide public notice in accordance with 15A NCAC 21-1.0503 and
provide opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any new or
revised conditions shall be provided to Mr. David Shadle and Atlantic Wind, LLC in writing, shall
be provided to the United States Army Corps of Engineers for reference in any Permit issued

Mr. David Shadle and Atlantic Wind, LLC
Page 4 of 5
January 19, 2012
pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404
Permit for the project;
Miti ag tion:
7. Compensatory Mitigation Using the Great Dismal Swamp Restoration Bank, LLC
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you wish to make a payment to the Great Dismal Swamp Restoration Bank, LLC
to meet this mitigation requirement. This has been determined by the DWQ to be a suitable
method to meet the mitigation requirement. Until the Great Dismal Swamp Restoration Bank,
LLC receives and clears your check, no impacts specified in this Authorization Certificate shall
occur. The Great Dismal Swamp Restoration Bank, LLC should be contacted at (757) 487 -3441
if you have any questions concerning payment into a restoration fund.
404/Wetlands — non - riparian 1 29.23 (acres) I Pas4uotank/03010205 I
8. Construction Stormwater Permit NCGO 10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an
NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically issued
to the project. This General Permit allows stormwater to be discharged during land disturbing
construction activities as stipulated by conditions in the permit. If your project is covered by this
permit [applicable to construction projects that disturb one (1) or more acres], full compliance
with permit conditions including the sedimentation control plan, self - monitoring, record keeping
and reporting requirements are required. A copy of this permit and monitoring report forms may
be found at: http: / /portal.ncdenr.org /c /document library /get fik?uuid=d15e7ee8-cb50-443f-
9dcf- 049b001337ac &oroald =38364 ;
Re- opener Clause
9. Mr. David Shadle and Atlantic Wind, LLC, and its authorized agents shall conduct its activities in
a manner consistent with State water quality standards (including any requirements resulting from
compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of
State law and federal law. Mr. David Shadle and Atlantic Wind, LLC, shall require its contractors
(and/or agents) to comply with all of the terms 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. If DWQ determines
that such standards or laws are not being met (including the 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, DWQ may reevaluate and modify this certification to include conditions
appropriate to assure compliance with such standards and requirements in accordance with 15A
NCAC 02H.0507(d). Before modifying the certification, DWQ shall notify Mr. David Shadle and
Atlantic Wind, LLC, and the US Army Corps of Engineers, provide public notice in accordance
with 15A NCAC 02H.0503 and provide opportunity for public hearing in accordance with 15A
NCAC 02H.0504. Any new or revised conditions shall be provided to Mr. David Shadle and
Atlantic Wind, LLC, in writing, shall be provided to the United States Army Corps of Engineers
for reference in any permit issued pursuant to Section 404 of the Clean Water Act, and shall also
become conditions of the 404 Permit for the project.

i�
M
0
Mr. David Shadle and Atlantic Wind, LLC
Page 5 of 5
January 19, 2012
10. Certificate of Completion
Upon 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 Wetlands, Buffers, Stormwater, Compliance and Permitting Unit
(WeBSCaPe), North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699 -1650.
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 or CAMA Permit.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written
request within sixty (60) days following receipt of this Certification. This request must be in the form of a
written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699 -6714. If
modifications are made to an original Certification, you have the right to an adjudicatory hearing on the
modifications upon written request within sixty (60) days following receipt of the Certification. Unless
such demands are made, this Certification shall be final and binding.
3878
CW/kah/#m
This the 19'h day of J nuary Alt
O WA Q ITY
ikild, P.E.

A�
NCDETIR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
DWQ Project No.: W- O l.c 1 S V z
Applicant:
Project Name:
• A i •.r
Date of Issuance of 401 Water Quality Certification: 1 - i R - 12.
Certificate of Completion
Dee Freeman
Secretary
Upon 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 this certificate to the 401 /Wetlands Unit, North Carolina Division
of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699 -1650. This form may be returned to DWQ by the applicant,
the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
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:
Agent's Certification
Date:
I, , 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:
If this project was designed by a Cerdj7ed Professional
I, , as a duly registered Professional (i.e., Engineer, Landscape
Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time)
the construction of the project, for the Permitee 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: Registration No.
Date
1630 Mail Service Center, Ra 3i h, North Carolina 276991650
Location:: 12 N Salisbury St Floor 9 Paleigh North Carolii.a 2760; -1170 ne
Phone 9: 3. 807 -63011 FAX: [phone] NL06fth Caro1 in
Internet a ^uw acw- °rqua6ty.org �y p /f
An EquRI C. po- tumty' iffirmaUve klton ? ip oyer bb . �d 9e s� .�y

APA
HCDEE R
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Beverly Eaves Perdue Braxton C. Davis
Governor Director
March 5, 2012
Michael Clayton
Iberdrola Renewables, Inc.
201 King of Prussia Road, Suite 500
Radnor, PA 19087
Dee Freeman
Secretary
SUBJECT: CD12 -013 - Consistency Certification Proposed Wetland Impacts to Facilitate the
Installation of Wind Powered Turbine Generators, Pasquotank and Perquimans
Counties, North Carolina (DCM #20110148)
Dear Mr. Clayton:
We received the consistency certification of Iberdrola Renewables, Inc., on behalf of Atlantic
Wind, LLC ( "Applicant'), on September 6, 2011 for proposed temporary and permanent impacts
to Section 404 wetlands to facilitate the installation of approximately 150 wind powered electric
turbines on an approximate 24,242 project site west of Elizabeth City in Pasquotank and
Perquimans Counties, North Carolina. Atlantic Wind, LLC is a subsidiary of lberdrola
Renewables, Inc. The proposed project has informally been identified as the "Desert Wind
Power Project".
The location of the proposed project is approximately 7.5 miles west of Elizabeth City and
approximately 2.5 miles north of the. Town of Winfall. The proposed project area will be
situated on 24,242 acres of privately -owned land within Pasquotank and Perquimans counties in
an area known locally as the "Desert'. The project area is located between Highway 158 to the
north, Highway 17 to the east and south and County Road 1002 to the west.
The proposed project will consist of up to 150 wind powered electric turbines, each with a
projected capacity of approximately 2.0 MW, for a total installed capacity of 300 MW. The
construction- related facilities will consist of the following:
150/ 2.0 MW Gamesa G97 (or similar) wind turbine generators;
Permanent and temporary access roads to each turbine;
Temporary crane paths;
400 Commerce Ave., Morehead City, NC 28557 -3421 tia
Phone: [phone] FAX: 252 - 247 -3330 Intemet: www.nocoastalmanaaement.net /C�ya� r/o/l /ina An Equal Opportunity 1 Affirmative Action Empbyer K` 2

• Underground and overhead 34.5 kilovolt ( "kV') electrical collector lines connecting the
turbines to the Collection Substation;
• A 34.5 kV to 115 kV Collection Substation facility;
• A 115 to 230 kV Transmission Voltage Step -up Substation facility (the "Step -up
•
Substation');
• An approximately 5.5 mile long, 115 kV overhead Sub - Transmission Line connecting the
Collection Substation to the Step -up Substation;
• A 230 kV Interconnection Switching Station facility (the "Switching Station');
• An Operations and Maintenance ( "O &M") facility;
• One permanent meteorological tower;
• A temporary batch plant; and
• A temporary lay down and contractor staging area.
The proposed project is anticipated to impact approximately 278.44 acres of Section 404
wetlands (29.23 acres of permanent impact and 249.21 acres of temporary impact) and 47.04
acres of jurisdictional waters (ditches), including 1.37 acres of permanent impact and 45.67 acres
of temporary impact. Construction is anticipated to occur over a one year period. The
acquisition of approvals for Erosion and Sedimentation Control Management Plans and
Stormwater Management permits will be phased. Compensatory mitigation for permanent
impacts will be provided through the purchase of wetland mitigation credits from the Great
Dismal Swamp Restoration Bank, LLC. Additionally, the applicant proposes to implement a
post - construction avian and bat fatality monitoring program to assess the effect of the completed
project on birds and bats.
To solicit public comments, the North Carolina Division of Coastal Management (DCM)
circulated a description of the proposed project to State agencies that would have a regulatory
interest in the proposed development. Additionally, a public notice was printed in the "Daily
Advance" on September 13, 2011. No comments were received asserting that the proposed
project would be inconsistent with the State's coastal program. However, concerns were
expressed by several State agencies and one member of the public related to minimizing adverse
effects of the proposed project to the environment. The one member of the public who
responded believed that the proposed project would have significant adverse environmental
effects. In a letter dated November 7, 2011 the Applicant provided a response to nearly all of
these comments. Furthermore, the Applicant proposes to implement a "Post Construction
Fatality Monitoring" program to examine the post construction effects of the planned project on
avian and bat mortality. Additionally, DCM has conditioned the proposed project as expressed
below to minimize its adverse impacts on the environment.
The DCM has reviewed the consistency submission pursuant to the management objectives and
relevant enforceable policies of Subchapters 7H and 7M of Chapter 7 of Title 15A of the North
Carolina Administrative Code which are a part of the State's certified coastal management
program. Based on this review, DCM concurs, as conditioned below, that the proposed project is
consistent with North Carolina's coastal management program. The Applicant shall comply with
the following conditions of concurrence.
Page: 2

K
• The Applicant shall comply with the 401 Water Quality Certification (DWQ#20110615,
Ver.2) issued by the NC Division of Water Quality for this project on January 19, 2012.
• The Applicant, prior to initiating any land disturbing activities, shall obtain the approval
of the NC Division of Land Resources of an erosion and sedimentation control plan
applicable to that phase of development. The Applicant shall comply with the
requirements of the approved erosion and sedimentation control plan. A copy of the plan
approval for each phase shall be forwarded to DCM.
• The Applicant, prior to initiating any land disturbing activities, shall obtain a stormwater
permit from the NC Division of Water Quality applicable to that phase of development.
The Applicant shall comply with the requirements of the stormwater permit. A copy of
the permit for that phase shall be forwarded to DCM.
• The Applicant shall adhere to their mitigation commitment to purchase up to 30 acres of
wetland mitigation from the Great Dismal Swamp Restoration Bank, LLC.
• The Applicant shall avoid any impacts to the 123.48 acre U.S. Department of Agriculture
Wetland Reserve Program easement identified by the NC Natural Heritage Program in
their response dated September 21, 2011.
• The Applicant shall revise the "Post Construction Fatality Monitoring" program to
incorporate the standards identified below to the satisfaction of the North Carolina
Wildlife Resources Commission ( NCWRC) in consultation with DCM.
o The Applicant shall provide the NCWRC a copy of any reports submitted to the
US Fish and Wildlife Service (USFWS).
o The Applicant shall coordinate with the NCWRC the implementation of a tundra
swan survey and report to assess the effect, if any, of the proposed project on
tundra swans. The surveys of tundra swans will be conducted from
mid - November through early March for a minimum of three years. Upon the
conclusion of the survey the Applicant shall provide the NCWRC with a report
summarizing the results of that survey.
o The Applicant shall coordinate the selection of the five turbines that will used for
avian and bat mortality studies with the NCWRC.
• The Applicant, prior to initiating any land disturbing activity or any other activity that
could directly or indirectly affect historic properties (including physical, visual,
atmospheric, or audible effects), shall determine, in consultation with the North Carolina
State Historic Preservation Officer (SHPO), whether any of the properties shown below
are eligible for listing in the National Register of Historic Places (NRHP). If any of these
properties are determined eligible for listing in the NRHP, the Applicant and lead federal
agency shall take into account the effect of the undertaking on the eligible properties in
accordance with 36 C.F.R. §800, and provide written documentation to the Division of
Coastal Management that the Applicant, SHPO, and any other consulting parties have
satisfactorily resolved any historic preservation concerns for the eligible properties.
o Cumberland School (PQ 0051)
o Joel Hollowell House (PQ 0094)
o Burwell S. Riddick House (PQ 0202)
o Robert Riddick House (PQ 0205)
o Riddick's Store and Nicanor Post Office (PQ 0209)
o Speight -Morgan House (PQ 023 1)
o James Stallings House (PQ 0234)
Page: 3

o Up River Friends Meeting House (PQ 0257)
o Thomas D. White House (PQ 0295)
o Samuel Winslow House (PQ 0315)
o House (115 Hickory Cross Road) (PQ 0730)
o Up River Cemetery (PQ 0736)
o Gas Station and Feed Store (PQ 0741)
o Whiteson Community Building (PQ 0747)
o House (351 Up River Road) (PQ 0754)
o House (550 Sandy Cross Road) (PQ 0770)
o House (Lake Road) (PQ 0814)
o House (107 Lowes Lane) (PQ 0839)
• The Applicant, prior to initiating any land disturbing activity, shall adhere to the SHPO's
request in its letter of December 13, 2011, to avoid impacts to Site 31PQ223 and to install
fencing no closer than eight (8) feet from Site 31PQ223. An archaeologist shall monitor
the clearing and installation of the fence. If the archaeologist determines that any of these
activities will affect Site 31 PQ223, archaeological testing shall be undertaken to establish
the site's National Register eligibility. If 31 PQ223 is determined eligible for listing, the
Applicant, after consulting with the SHPO, shall develop and implement appropriate
mitigation measures.
Should the project be modified, a revised consistency certification could be necessary. This
might take the form of either a supplemental consistency certification pursuant to
15 CFR 930.66, or a new consistency certification pursuant to 15 CFR 930.57. Likewise, if
further project assessments reveal environmental impacts not previously considered by the
proposed development, a supplemental consistency certification might be required. If you have
any questions, please contact Stephen Rynas at 252- 808 -2808 x209. Thank you for your
consideration of the North Carolina Coastal Management Program.
Sincerely,
o� P
O
Doug Huggett
Manager, Major Permits and Consistency
Unit
cc: Braxton C. Davis, Division of Coastal Management
Frank Jennings, Division of Coastal Management
Maria Dunn, NC Wildlife Resources Commission
Ramona M. Bartos, NC State Historic Preservation Office
Harry LeGrand, NC Natural Heritage Program
Ian McMillan, NC Division of Water Quality
Kelly Williams, NC Ecosystem Enhancement Program
Tracy Wheeler, U.S. Army Corps of Engineers
Page: 4

Clayton, Michael
From: Barnes, Kyle W SAW < [e-mail] >
Sent: Tuesday, September 09, 2014 1:26 PM
To: Clayton, Michael
Cc: Beth.Reed @kimley- horn.com; Chad.Evenhouse @kimley - horn.com
Subject: Ibedrola Renewables Permit Mod (UNCLASSIFIED)
Classification: UNCLASSIFIED
Caveats: NONE
Michael,
Thank you for your patients while I have reviewed the information that you submitted for the project
modification to the Desert Wind Project in Perquimans and Pasquotank Counties. The US Corps of Engineers received
your modification request to create a new construction access point to the Desert Wind Project, SAW- 2010 - 00903. The
new construction access point would originate at an existing forestry and agriculture road adjacent to US Hwy 17 near
the intersection with NC 158 in Morgan's Corner in Pasquotank County, North Carolina.
The proposed utilization of the existing road would require 0.0849 acres of temporary impacts to Waters of the
US resulting from the improvements required for the ingress and egress of large construction equipment. By utilizing the
new construction access point the need for roadway improvements to the original approved construction access will
reduce the overall project impacts to jurisdictional Waters and Wetlands by 0.1109 acres.
The reduction of impacts to Waters and Wetlands of the US as proposed in your request will not require the
modification of permit SAW -2010- 00903. The projects reduction of impacts to jurisdictional areas satisfies the review of
Avoidance and Minimization within the existing permitted area. I have issued a Memorandum for the Record (MFR) to
the existing file with the supporting information that you submitted. In addition I have added this correspondence as
well. This allows you to move forward with the requested changes to your project as indicated in your letter issued to
this office on July 1, 2014.
Please feel free to contact me if you have additional questions regarding your modification or this
correspondence.
Thank you,
Kyle
Kyle Barnes
US Army Corps of Engineers
Wilmington District
Washington Field Office
910 -251 -4584

\
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Impact: DITCH 39
DESERT WIND
PASQUOTANK COUNTY
County
L
Type: Temporary
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° Wetlands
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Temporary Limits of Disturbance
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DISTURBANCE DATA:
Impact: DITCH 38
Type: Temporary
Area (ac): 0.0061
PREPARED BY:
FISHER ASSOCIATES PE, LS, PC
135 CALKINS ROAD
ROCHESTER, NY 14623
DITCH 38
PROJECT:
DESERT WIND
PASQUOTANK COUNTY
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DATE: 6/19/2014
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Proposed Turbine
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Current Ditch Impact
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Access Road
Temporary Limits of Disturbance
- Removed Disturbance Area
T,
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JURISDICTIONAL WATER (DITCH)
DISTURBANCE DATA:
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FISHER ASSOCIATES PE, LS, PC
135 CALKINS ROAD
ROCHESTER, NY 14623 rISHE�
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PROJECT:
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PASQUOTANK COUNTY
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USACE AID *
DATE: 6/19/2014
N
A 1 inch = 200 feet IBERDROLA
RENEWABLES

IMPACT'
DITCH 36
LEGEND
JURISDICTIONAL WATER (DITCH)
DITCH 36
Proposed Turbine
DISTURBANCE DATA:
Proposed CuNett
PROJECT:
.. Ditch Cemedine
Parcels
Impact: DITCH 36
p
DESERT WIND
L j County Boundary
PASQUOTANK COUNTY
Wetlands
Type: Temporary
NORTH CAROLINA
Cunent Ditch Impact
Area (ac): 0.0170
USACE AID #:
Ditch Impact
Access Road
DATE: 6/19/2014
PREPARED BY: .:
N
Temporary Limits of Disturbance
- Removed Disturbance Area
FISHER ASSOCIATES PE, LS, PC
n 1 inch = 200 feet
IOTE WETLAND LO C ATED USING MAPPING GRADE GPS
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135 CALKINS ROAD
A
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RENEWABLES
WLVERT LOCATION
OCATION
ROCHESTER, NY 14623

IMPACT:
DITCH 30
LEGEND
JURISDICTIONAL WATER (DITCH)
DITCH 30
Proposed Turbine
DISTURBANCE DATA:
Proposed Culvert
PROJECT:
— Ditch Centedine
P.r.el,
Impact: DITCH 30
p
DESERT WIND
L County Boundary
PASQUOTANK COUNTY
j Wetlands
Type: Temporary
NORTH CAROLINA
Current
Area (ac): 0.0013
USACE AID #:
Ditch Impact
DATE: 6/19/2014
Access Road
Temporary Limits of Disturbance
PREPARED BY:
A I
V
IFISHER
- - Removed Disturbance Area
ASSOCIATES PE, LS, PC
1 inch = 200 feet
I
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135 CALKINS ROAD
A
IBERDROLA
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I nr ATION
ROCHESTER, . NY 14623
RENEWABLES

IMPACT:
DITCH 25
O LEGEND
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DITCH 25
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DISTURBANCE DATA:
— Propased Culvert
PROJECT:
— - Ditch Centerline
i � Parcels
Impact: DITCH 25
DESERT WIND
j County Boundary
PASQUOTANK COUNTY
j Wetlands
Type: Temporary
NORTH CAROLINA
Current Ditch Impact
Area (ac): 0.0013
USACE AID #:
FDitch Impact
DATE: 6/19/2014
Q Access Road
Temporary Limits of Disturbance
PREPARED BY:
A I
IV
- Removed Disturbance Area
FISHER ASSOCIATES PE, LS, PC
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WETLANDLOCATED USING MAPPING GRADE GPS.
1355 CALKINS ROAD
A
IBERDROLA
INOTE
CULVERT LOCATION BASED ON SURVEYED DITCH
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ROCHESTER, NY 14623 r' "'- rr'1.-
RENEWABLES

IMPACT
DITCH 18
LEGEND
JURISDICTIONAL WATER (DITCH)
DITCH 18
Proposed Turbine
DISTURBANCE DATA:
Proposed Culvert
PROJECT:
— Ditch Centerline
IFD Parcels
Impact: DITCH 18
DESERT WIND
L 1 County Boundary
PASQUOTANK COUNTY
Weaan ds
Type: Temporary
NORTH CAROLINA
Current Ditch Impact
Area (ac): 0.0010
USACE AID #:
^O
Ditch Impact
DATE: 6/19/2014
Access Road
PREPARED BY:
N
Temporary Limits of Disturbance
. Removed Disturbance Area
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135 CALKINS ROAD
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N
IBERDROLA
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NOTE WETLAND LOCATED USING MAPPING GRADE GPS
CULVERT LOCATION BASED ON SURVEYED DITCH
LOCATION
LEGEND
Proposed Turbine
Proposed Culvert
Ditch Centerine
Road Centerline
g� Parcels
L1 County Boundary
Wetlands
QCunent Ditch Impact
Ditch Impact
Access Road
Temporary Limits of Disturbance
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1
ti
1
SUN'S ACRES LLC
PARCEL ID: 1
7976 - 136823
1
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1
42
DI ANNE H. FEREBEE &
WINNIE W. HUMPHRIES
PARCEL ID: 7976 - 532875
JURISDICTIONAL WATER (DITCH)
DISTURBANCE DATA:
Impact: DITCH 42
Type: Temporary
Area (ac): 0.0518
PREPARED BY:
FISHER ASSOCIATES PE, LS, PC
135 CALKINS ROAD
ROCHESTER, NY 14623
DITCH 42
PROJECT:
DESERT WIND
PASQUOTANK COUNTY
NORTH CAROLINA
USACE AID #:
DATE: 6/19/2014
a N
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L1 County Boundary
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i Access Road
OTemporary Limits of - . --ance
. Removed Disturbance Area
Ditch Disturbance Area Removed
�
0.0550
JURISDICTIONAL WATER (DITCH)
DISTURBANCE DATA:
Impact: D609
Type: Temporary
Area (ac): 0.2509
Permitted Area (ac): 0.3059
PREPARED BY:
FISHER ASSOCIATES PE, LS, PC
135 CALKINS ROAD
ROCHESTER, NY 14623 tirrt "
DITCH: D609
PROJECT:
DESERT WIND
PASQUOTANK COUNTY
NORTH CAROLINA
USACE AID #:
DATE 6/19/2014
N
1 inch = 400 feet
A
IBERDROLA
RENEWABLES

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\
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DITCH: D613
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PROJECT:
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Impact: D613
DESERT WIND
L 1 County Boundary
PASQUOTANK COUNTY
Wetlands
Type: Temporary
NORTH CAROLINA
a Current Ditch Impact
Area (ac): 0.0544
USACE AID #.
Ditch Impact
Permitted Area (ac): 0.1103
DATE: 6/19/2014
Access Road
Fj Temporary Limits of Disturbance
PREPARED BY:
j\1
- Removed Disturbance Area
FISHER ASSOCIATES PE, LS, PC
1 inch = 200 feet
Ditch Disturbance Area Removed
135 CALKINS ROAD
IBERDROLA
ROCHESTER, NY 14623 r ISHERA'- — '. . °. - -
RENEWABLES

AFT-WAA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Energy, Mineral, and Land Resources
Tracy E. Davis, PE, CPM
Director
Land Quality Section
February 24, 2014
Atlantic Wind, LLC
Attn' Mr. Erik Lallum, VP, Engineering & Construction
2 Radnor Corp. Ctr Suite 200, 100 Matsonford Rd.
Radnor, PA 19087
Pat McCrory, Govemor
John E. Skvada, III, Secretary
Subject: Permit No. SW7111202 Modification
Desert Wind
Low Density Stormwater Project
Pasquotank & Perquimans County
Dear Mr. Lallum:
The Washington Regional Office received a complete Stormwater Management Permit
Application for the modification of the low density areas of Desert Wind (Route 17 Access Road
addition). Staff review of the plans and specifications has determined that the project, as
proposed, will comply with the Stormwater Regulations set forth in Session Law 2008 -211 and
Title 15A NCAC 2H.1000. We are forwarding Permit No. SW7111202MOD dated February 24,
2014, for the continued construction of the subject project. The permit issued for this project on
July 23, 2013 is hereby rescinded and replaced by this permit.
This permit shall be effective from the date of issuance until rescinded and shall be subject to
the conditions and limitations as specified therein, and does not supersede any other agency
permit that may be required.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the
right to request an adjudicatory hearing upon written request within thirty (30) days following
receipt of this permit. This request must be in the form of a written petition, conforming to
Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative
Hearings, P.O. Drawer 27447, Raleigh, NC 27611 -7447, Unless such demands are made this
permit shall be final and binding.
If you have any questions, or need additional information concerning this matter, please contact
me at (252) 946 -6481.
S1, cerelyr
Scott Vinson
Environmental Engineer
G- \L R \SW P \SAV\G- Stormwater\ P E R M IT\SW7111202 M O D -3
cc: Steven Wilkinson, Fisher Associates, Rochester, NY
Pasquotank County Planning
Perquimans County Planning
Washington Regional Office
Washington Regional Office
943 Washington Square Mall, Washington, North Carolina 27889 - Phone: [phone] / FAX: [phone]
Internet: http: / /www.pogal.ncdenr,org /web /Ir /land- quality
An Equal Opportunity / Affirmative Action Employer - 501ARecycled/lIN6 Post Consumer Paper

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION'OF ENERGY, MINERAL, AND LAND RESOURCES
STORMWATER MANAGEMENT PERMIT
LOW DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North
Carolina as amended, and other applicable Laws, Rules and Regulations
PERMISSION IS HEREBY GRANTED TO
Atlantic Wind, LLC
- Desert Wind
(Access Roads 7-9, 18, 20, 22 -33 & 36, Roads to WTGs, Plan Sheets 1 -18 & 19 -31 & Route
17 Access)
Pasquotank & Perquimans County
FOR THE
construction, operation and maintenance of a low density development in compliance with the
provisions of Session Law 2008 -211 and 15A NCAC 2H .1000 (hereafter referred to as the
"stormwater rules') and the approved stormwater management plans and specifications, and
other supporting data as attached and on file with and approved by the Division of Energy,
Mineral, and Land Resources and considered a part of this permit.
The Permit shall be effective from the date of issuance until rescinded and shall be subject to
the following specific conditions and limitations:
I. DESIGN STANDARDS
1. This permit covers the construction of the previously permitted 400,704 square feet
(9.2ac) of built -upon area over the 43.6 acre project area for the Access Roads 7, 8, & 9
and the roads to WTGs as well as the previously proposed 12.9 acres of built upon area
which includes the road improvements to 16.2 miles of existing farm path roads, 3.5 miles
of new roads and 34 of the 150 total turbine locations. The previous proposal for
development approved under this Stormwater permit included the improvements to an
additional 12.5 miles of existing access roads (18, 20, 22 -33 &36) as well as 4.3 miles of
new access roads and an additional 27 turbine locations. The current modification
includes the addition of an access road into the development off Highway 17/158 and
includes an additional improvement to 3.2 miles of existing road and the total impervious
area within this part of the project area, which drains to the Pasquotank River, will
increase from 6.7 acres to 7.6 acres of impervious area. The total impervious area
approved increases from 31.1 acres to 32.0 acres proposed.
2. The overall tract built -upon area percentage for the project must be maintained at 24 %,
as required by Session Law 2008 -211 and Section 2H .1005 of the stormwater rules.
3. Approved plans and specifications for projects covered by this permit are incorporated by
reference and are enforceable parts of the permit and shall be kept on file by the
permittee at all times.
Page 2 of 5

4. The only runoff conveyance systems allowed will be vegetated conveyances such as
swales with minimum side slopes of 3:1 (H:V) as defined in the stormwater rules and
approved by the Division.
5. No piping is allowed except that minimum amount necessary to direct runoff beneath an
impervious surface such as a road or to provide access.
6. The built -upon areas associated with this project shall be located at least 50 feet
landward of all perennial and intermittent streams or other surface waters.
7. Roof drains must terminate at least 50 foot from the Mean High Water line.
IL SCHEDULE OF COMPLIANCE
1. The permittee is responsible for verifying that the proposed built -upon area does not
exceed the allowable built -upon area.
2. The Director may notify the permittee when the permitted site does not meet one or more
' of the minimum requirements of the permit. Within the time frame specified in the notice,
the permittee shall submit a written time schedule to the Director for modifying the site to
meet minimum requirements. The permittee shall provide copies of revised plans and
certification in writing to the Director that the changes have been made.
3. This project may not be sold or subdivided in whole or in part without first receiving a
permit modification from the Division.
4. Prior to the subdivision and /or sale of this project, in whole or in part, the following deed
restrictions must be recorded with the Office of the Register of Deeds:
a. The following covenants are intended to ensure ongoing compliance with State
Stormwater Management Permit Number SW7111202, as issued by the Division
of Energy, Mineral, and Land Resources under NCAC 2H.1000.
b. The State of North Carolina is made a beneficiary of these covenants to the extent
necessary to maintain compliance with the Stormwater Management Permit.
C. These covenants are to run with the land and be binding on all persons and
parties claiming under them.
d. The covenants pertaining to stormwater may not be altered or rescinded without
the express written consent of the State of North Carolina, Division of Energy,
Mineral, and Land Resources.
e. Alteration of the drainage as shown on the approved plans may not take place
without the concurrence of the Division of Energy, Mineral, and Land Resources.
f. This project is permitted for a maximum of 32.0 acres of built -upon area.
Construction of additional built -upon area in excess of this amount will require a
permit modification.
g. This project may not be sold or subdivided, in whole or in part, without first
receiving a permit modification from the Division.
h. Construction of additional impervious areas such that low- density requirements
are no longer met will require a permit modification prior to construction. An
engineered system will be required to collect and treat the runoff from all built -
upon area associated with the project, including that area permitted under the low
density option.
i. Filling in or piping of any vegetative conveyances (ditches, swales, etc.)
associated with this development, except for average driveway crossings, is
strictly prohibited by any persons.
j. The built -upon areas shall be located a minimum of 50 feet landward of all
perennial and intermittent surface waters.
Page 3 of 5

5
1 6
I
7
i
8
i
I
A copy of the recorded restrictions must be received in this Office within 30 days of the
date of sale.
Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with
the permitted development, except for average driveway crossings, is strictly prohibited
by any persons.
Projects within DCM's Area of Environmental Concern (AEC) are subject to a reduction of
the permitted amount of built -upon area due to CAMA jurisdiction within the AEC. The
most restrictive of the two numbers shall be considered the maximum BUA.
The permittee shall submit to the Director and shall have received approval for revised
plans, specifications, and calculations prior to construction, for any modification to the
approved plans, including, but not limited to, those listed below:
a.
b.
C.
d.
e.
f
Any revision to the approved plans, regardless of size.
Project name change.
Transfer of ownership.
Redesign or addition to the approved amount of built -upon area.
Further subdivision, acquisition, or sale of the project area in whole or in part. The
project area is defined as all property owned by the permittee, for which
Sedimentation and Erosion Control Plan approval was sought.
Filling in, altering or piping any vegetative conveyance shown on the approved
plan.
9 Swales and other vegetated conveyances shall be constructed in their entirety,
vegetated, and be operational for their intended use prior to the construction of any built -
upon surface.
10 During construction, erosion shall be kept to a minimum and any eroded areas of the
swales or other vegetated conveyances will be repaired immediately.
11 The permittee shall at all times provide the operation and maintenance necessary to
operate the permitted stormwater management systems at optimum efficiency to include:
a. Inspections
b Sediment removal.
C. Mowing, and re- vegetating of the side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and specifications.
12. Within 30 days of completion of the project, the permittee shall certify in writing that the
project has been constructed in accordance with the approved plans.
13. The permittee shall submit all information requested by the Director or his representative
within the time frame specified in the written information request.
III. GENERAL CONDITIONS
This permit is not transferable to any person or entity except after notice to and approval
by the Director. The Director may require modification or revocation and re- issuance of
the permit to change the name and incorporate such other requirements as may be
necessary. In the event of a name or ownership change, a completed Name /Ownership
Change form, signed by both parties, must be submitted to the Division of Energy,
Mineral, and Land Resources accompanied by the supporting documentation. The
approval of this request will be considered on its merits, and may or may not be
approved.
Page 4 of 5

2. The permittee is responsible for compliance with all permit conditions until the Director
approves a transfer of ownership. Neither the sale of the project nor the transfer of
common areas to a third party, such as a homeowner's association, constitutes an
approved transfer of the stormwater permit.
3. Failure to abide by the conditions and limitations contained in this permit may subject the
Permittee to an enforcement action by the Division of Energy, Mineral, and Land
Resources, in accordance with North Carolina General Statutes 143- 215.6A to 143 -
215.6C.
4. The issuance of this permit does not prohibit the Director from reopening and modifying
the permit, revoking and reissuing the permit, or terminating the permit as allowed by the
laws, rules, and regulations contained in Session Law 2008 -211 and Title 15A NCAC
21-1.1000 of the North Carolina Administrative Code, Subchapter 2H.1000; and North
Carolina General Statute 143 -215.1 et. al.
5. In the event that the facilities fail to perform satisfactorily, including the creation of
nuisance conditions, the Permittee shall take immediate corrective action, including those
as may be required by the Division, such as the construction of additional or replacement
stormwater management systems.
6. The permittee grants permission to DENR Staff to enter the property during normal
business hours, for the purpose of inspecting all components of the stormwater
management facility.
7. The permit issued shall continue in force and effect until revoked or terminated. The
permit may be modified, revoked and reissued or terminated for cause. The filing of a
request for a permit modification, revocation and re- issuance, or termination does not
stay any permit condition.
8. Unless specified elsewhere, permanent seeding requirements for the swales must follow
the guidelines established in the North Carolina Erosion and Sediment Control Planning
and Design Manual.
9. Approved plans and specifications for this project are incorporated by reference and are
enforceable parts of the permit.
10. The issuance of this permit does not preclude the Permittee from complying with any and
all statutes, rules, regulations, or ordinances, which may be imposed by other
government agencies (local, state and federal), which have jurisdiction.
11. The permittee shall notify the Division in writing of any name, ownership or mailing
address changes at least 30 days prior to making such changes.
Permit issued this the 24th day of February, 2014.
1AENT COMMISSION
- '-- l-�7 "�'e----- - --5�� t!!r�- — =- - - - - -- for
Tracy E. Davis, PE, CPM
Division of Energy, Mineral, and Land Resources
By Authority of the Environmental Management Commission
Permit No. SW7111202 Modification
Page 5 of 5

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Energy, Mineral, and Land Resources
Land Quality Section
Tracy E Davis, PE, GPM Pat McCrory, Governor
Director John E Skvada, III, Secretary
February 4, 2014
LETTER OF APPROVAL WITH MODIFICATIONS
Atlantic Wind, LLC
ATTN: Mr. Eric Lallum, Authorized Representative
2 Radnor Corp. Center Suite 200
100 Matsonford Road
Radnor, Pennsylvania 19087
RE: Erosion and Sedimentation Control Plan No. Pasqu -2014 -005
Project Name: Desert Wind — Route 17 Access
Location: US Highway 17 County: Pasquotank
River Basin: Pasquotank
Date Received by LQS: January 10, 2014
Acres Approved: 9.7 Project Type: New
Project Description: Grading associated with the improvement of 3.2 miles of roadway,
as shown on plan received by this office on January 10, 2014 and
the additional information received on January 29, 2014.
Dear Sir:
This office has reviewed the subject erosion and sedimentation control plan. We find the plan to
be acceptable and hereby issue this Letter of Approval with Modifications. The modifications
required for approval are listed on the attached pages. This plan approval shall expire three (3)
years following the date of approval, if no land - disturbing activity has been undertaken, as
required by 15A NCAC 4B.0129, unless modified by other legislation.
Please be advised that 15A NCAC 4B.01 18(a) requires that a copy of the approved erosion and
sedimentation control plan be on file at the job site. Also, you should consider this letter as
giving the Notice required by G.S. 113A- 61.1(a) of our right of periodic inspection to ensure
compliance with the approved plan.
North Carolina's Sedimentation Pollution Control Program is performance oriented, requiring
protection of existing natural resources and adjoining properties. If, following the
commencement of this project, it is determined that the erosion and sedimentation control plan is
inadequate to meet the requirements of the Sedimentation Pollution Control Act of 1973 (G.S.
113A -51 through 66), this office may require revisions to the plan and implementation of the
revisions to ensure compliance with the Act.
Acceptance and approval of this plan is conditioned upon your compliance with Federal and
State water quality laws, regulations and rules. In addition, local city or county ordinances or
Washington Regional Office
943 Washington Square Mall, Washington, North Carolina 27889 - Phone 252 - 946 -6481 / FAX [phone]
Internet http / /www portal ncdenr org /web /Ir /land-qualily
An Equal opportunity / Affirmafive Action Employer - 50% Recycled /10% Post 0onsumer Paper

Atlantic Wind, LLC
ATTN: Mr. Eric Lallum. Authorized Representative
February 4, 2014
Page 2
rules may also apply to this land- disturbing activity. This approval does not supersede any other
permit or approval.
Please note that this approval is based in part on the accuracy of the information provided in the
Financial Responsibility /Ownership Form, which you have submitted. You are required to file
an amended form if there is any change in the information included on the form. NOTE:
Neither this approval nor the financial responsibility /liability cited in it automatically transfer
with a change in project ownership. In addition, 15A NCAC 413.0127(c) requires that you notify
this office of the proposed starting date for this project (using the enclosed Project Information
Sheet). Please notify us if you plan to have a preconstruction conference.
Please be aware that your project will be covered by the enclosed NPDES General Storinwater
Permit NCG010000 (Construction Activities). You should first become familiar with all of the
requirements for compliance with the enclosed permit.
Sincerely,
Richard Peed, CPESC
Assistant Regional Engineer
Enclosures
cc w/o enc: %�teven D. Wilkinson, Fisher Associates
WaRO Surface Water Operation Section Supervisor, Division of Water Resources

I-,
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C,'
Erosion and Sedimentation Control Plan No. Pasqu- 2014 -005
Project Name: Desert Wind — Route 17 Access
February 4, 2014
Modifications
Page 1
AS THE DECLARED RESPONSIBLE PARTY, YOUR LEGAL
RESPONSIBILITY is to understand the Act and comply with the following rninimurn
requirements of the Act:
A. In the event of a conflict between the requirements of the Sedimentation Pollution
Control Act, the submitted plan and /or the contract specifications, the more
restrictive requirement shall prevail;
B. The land - disturbing activity shall be conducted in accordance with the approved
erosion and sedimentation control plan;
C. The LATEST APPROVED erosion and sediment control plan will be used
during periodic unannounced inspections to determine compliance and a copy of
the plan must be on file at the job site. If it is determined that the implemented
plan is inadequate, this office may require the installation of additional measures
and /or that the plan be revised to comply with state law;
D. All revisions, including those required by other local, state or federal agencies,
which affect site layout, drainage patterns, limits of disturbance and /or disturbed
acreage must be submitted to this office for approval a minimum of 15 days prior
to the start of construction;
E. Revisions exceeding the approved scope of this project without prior approval of
the plan showing the changes can be considered a violation. Failure to comply
with any part of the approved plan or with any requirements of this program could
result in appropriate legal action (civil or criminal) against the financially
responsible party. Legal actions include Stop Work Orders and the assessing of a
civil penalty of up to $5000 for the initial violation plus an additional penalty of
up to $5000 per day for each day the site is out of compliance;
F. The CERTIFICATE OF PLAN APPROVAL must be posted at the primary
entrance to the job site and remain until the site is permanently stabilized;
G. In cases of natural disaster related changes to the proposed land disturbing
activity, all appropriate actions and adequate measure installations may be
performed to prevent sediment damage, prior to submitting and receiving
approval of the revised plan. A revised plan inust be submitted for approval as
soon as possible, but no later than 15 days after all emergency actions have been
performed;

Erosion and Sedimentation Control flan No. Pasqu- 2014 -005
Project Name: Desert Wind — Route 17 Access
February 4, 2014
Modifications
Page 2
H. Erosion and sediment control measures or devices are to be constructed and /or
installed to safely withstand the runoff resulting from a 10 year storm event (25
year storm event in High Quality Zones). The 10 year storm event is generally
equivalent to a storm producing 6.5 - 7 inches of rain in 24 hours or at the rate of
6.5 - 7 inches of rain in 1 hour, depending on the location of the project within the
region;
No earthen material is to be brought on or removed from the project site, until the
off -site borrow and /or disposal sites are identified as part of the erosion control
plan. If an off -site borrow and /or disposal site is to be utilized, prior to the start of
construction submit the name and identification number (E &SCP # or Mine
Permit #) using the enclosed Project Information Sheet;
J. Buffer zone, sufficient to restrain visible sedimentation within the 25% of the
width closest to the land disturbance, must be provided and maintained between
the land - disturbing activity and any adjacent property or watercourse;
K. In order to comply with the intent of the Act, the scheduling of the land - disturbing
activities is to be such that both the area of exposure and the time between the
land disturbance and the providing of a ground cover is minimized;
L. Unless a temporary, manufactured, lining material has been specified, a clean
straw mulch must be applied, at the minimum rate of 2 tons /acre, to all seeded
areas. The mulch must cover at least 75% of the seeded area after it is either
tacked, with an acceptable tacking material, or crimped in place;
M. New or affected cut or filled slopes must be at an angle that can be retained by
vegetative cover, AND must be provided with a ground cover sufficient to
restrain erosion within 21 calendar days of completion of any phase (rough or
final) of grading (ANNUAL RYE GRASS IS NOT in the APPROVED seeding
specifications NOR is it an ACCEPTABLE substitute for the providing of a
temporary ground cover);
N. A permanent ground cover, sufficient restrain erosion, must be provided
within the shorter of 15 working or 90 calendar days (if in a High Quality Zone, the
shorter of 15 working or 60 calendar days) after completion of construction or
development on any portion of the tract (ANNUAL RYE GRASS IS NOT in the
APPROVED seeding specifications NOR is it an ACCEPTABLE substitute for
the providing of a nurse cover for the permanent grass cover);

Erosion and Sedimentation Control Plan No. Pasqu -2014 -005
Project Name: Desert Wind — Route 17 Access
February 4, 2014
Modifications
Page 3
O. All sediment and erosion control details for this project must conform to the
standards as shown in the current Erosion & Sediment Control Planning and
Design Manual, these details must be utilized for construction and incorporated in
the plan. The manual can be found online at
http: / /poilal.ncdenr.org /web /lr /publications
2. Adequate and appropriate measures must be properly installed downstream, within the
limits of disturbance, of any land disturbing activity to prevent sediment from leaving the
limits of disturbance, entering existing drainage systems, impacting an on -site natural
watercourse or adjoining property.
3. In the absence of adequate and appropriate seeding specifications being provided by the
adjoining farmers, as stated in your plan. This office recommends you reference the
applicable sections of the Erosion & Sediment Control Planning and Design Manual
(Sections 6.10 & 6.11) to obtain the appropriate seeding specifications. These
specifications must be utilized for construction and incorporated in the plan.
4. Additional adequate and appropriate measures are suggested to be installed at the
downstream end /work area during the installation of any new or modified culvert to
prevent sediment from leaving the work area.
5. In the event of a conflict between the requirements of the Sedimentation Pollution
Control Act, the NCDOT encroachment agreement and the contract specifications, the
more restrictive requirement shall prevail.
6. Silt fences, including outlet sections, are not appropriate for areas of concentrated flow
such as swales or ditches. Provide adequate and appropriate measures for all construction
within areas of concentrated flow.
7. All slopes affected during the installation/cleanup process must be provided with an angle
that can be retained by vegetative or other appropriate cover.

PROJECT INFORMATION SHEET
APPROVAL DATE:
RESPONSIBLE PARTY
PROJECT NAME:
COUNTY:
OFF -SITE BORROW
AND /OR DISPOSAL SITE:
START -UP DATE:
CONTRACTOR:
ON -SITE CONTACT:
ON -SITE PHONE NO.:
OFFICE PHONE NO.:
Febmary 4. 2014
Atlantic Wind, LLC
Desert Wind — Route 17 Access
Pasquotank NO.: Pasqu- 2014 -005
NO.:
COMPLETE & RETURN THIS FORM
PRIOR TO THE START OF CONSTRUCTION TO:
N.C.D.E.N.R.
LAND QUALITY SECTION
ATTN: Chris Pullinger
943 WASHINGTON SQUARE MALL
WASHINGTON, NORTH CAROLINA 27889

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North Carolina Department of Cultural Resources
State Historic Preservation Office
Ramona M. Banos, Administrator
Beverly Eaves Perdue, Governor Office of Archives and History
Linda A Carlisle, Secretary Division of Historical Resources
Jeffrey J Crow, Deputy Secretary David Brook, Director
December 13, 2011
Michael B. Homum, Ph.D.
R. Christopher Goodwin & Associates, Inc.
241 East Fourth Street
Suite 100
Frederick, MD 21701
Re: Phase I Archaeological Survey for the Proposed Desert Wind Energy Project,
Supplemental Investigations, Pasquotank and Perquimans Counties, ER 11 -0157
Dear Dr. Hornum:
Thank you for your letter of November 16, 2011, transmitting the archaeological survey supplemental report
for the proposed Desert Wind Energy Project. We have reviewed this report and offer the following
comments.
Archaeological survey was conducted within 97.52 additional acres of the project area using acceptable field
methods. No additional archaeological sites were recorded as a result of this effort. The report concludes that
no significant historic properties will be impacted within the supplemental area by the proposed undertaking.
No further work is recommended. We concur with this recommendation.
Site 31PQ223 was noted within the initial survey report to be outside of any areas of impact. The
recommended buffer zone around this site has been changed in the interim from "no closer than 8 feet from
the 25 feet wide buffer zone" to "no closer than 8 feet from the site." The report recommends no further
work so long as the site is fenced off from the construction. We concur with this recommendation and suggest
that the fencing be placed no closer than eight (8) feet to the site prior to commencement of any other
construction activities. We still support continued avoidance of this site. If avoidance can be maintained by
fencing, then no further work is recommended. If avoidance is not possible, then Phase II testing is
recommended.
The report meets our office's guidelines and those of the Secretary of the Interior. Please forward two copies
of the final report to our office.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR
Part 800.
Location: 109 East Jones street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699 -4617 Telephone /Fax: (919) 807 - 6570/807 -6599

Thank you for your cooperation and consideration. If you have questions concerning the above comment,
please contact Renee Gledhill- Earley, environmental review coordinator, at 919- 807 -6579. In all future
communication concerning this project, please cite the above - referenced tracking number.
Sincerely,
(L..' u� -tc
Ramona A Bartos