20110615 Ver 3_Approval Letter_20150714

NCDENR
North Carokna DeparfiT'6er�t of Environnient and 6 tu4 Resources
Flat McCrory
Governor
majam
Atlantic Wind, LLC
Attn: Mr. David Shadle
201 Kin- of Prussia R_rAP_d,_S=LLLtP_5ft0
Radnor, PA 19087
Donald R. van der, Vaart
Secretary
1 # 11-0615
Perquimans and Pasquotanl
Subject: Approval of Individual 401 Water, Quality Certification with Additional Conditions -
Modification
Desert Wind Power Project
USACE Action ID. No. SAW-2010-00903
Attached hereto is a copy • Certification No. 3878 issued to Mr. David Shadle and At�lantic
Wind, LLC, dated July 14, 20 • replaces the Certification issued on January
19, 2012. The applicant requested modification of the certification to add 0.0849 acre of
temporary impacts to jurisdictional ditches necessary to provide construction access from
Highway 17 and reduce the temporary impacts to jurisdictional ditches (D609 & D613)
associated with wind turbine generator R7 • 0.1109 acre, Please note that you should get any
other federal, state or local cermits before jroc
required by (but not limited to) Sediment and Erosion Control, Non-Discharge, and Water
Supply Watershed regulations.
This approval and its conditions are final and binding unless contested. This Certification can be
contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for
an administrative hearing to the Office of Administrative Hearings (hereby known as OAH)
within sixty (♦0) calendar days.
A petition form may be obtained from the OAH at I qL�� ww,ncoah,c
.1 ­12 ­ or by calling the
OAH Clerk's Office at [phone] for information, A petition is consider ed filed when the
original and one (1) copy along with any applicable OAH filing fee is received in the OAH during
DMsbn of Water Reswnes - 401 & Buflei PeunMing UIrlit
1617 Mai[ Senice Certe, RalOgh, NoOh CaroHna 27699-16117
oca9bnr 512 N &-alksbury St, Rile; gh, %rth Carohna 27604
"'hon& 919 807 6300 '� FAX: [phone]W92
Inheine,t mwnwaterqui4l�y org
An Equal Opporlun(Oy Affirrnaflve Ac6i)n Fmployen Ma& in h ai t by recycled rr*4,7ei

Atlantic Wind, LLC
DWR# 11-0615
Individual Certification #3878
normal office hours (Monday through Friday between 8:00arn and 5:00pm, excluding official
state holidays).
The petition may be faxed to the OAH at [phone], provided the original and one 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.
If5ending via US Postal Service: If sending via delivery service (UPS, FedEx, etc):
Office
• Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
Sam M. Hayes, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
III I I I
IlIg p1gliz 1111y111111 Em=�" . "M
This certification completes the review • the Division under section 401 of the Clean Water Act
and 15A NCAC 02H.0500. Contact Anthony Scarbraugh at 252-948-3924 or
Ljrb� gjg!j. 61 f.9,E.,&qy or Jennifer Burclette at 919-807-6364 or
if you have any questions or concerns.
Sincerely,
Karen Higgins, Supervisor
401 & Buffer Permitting Unit
cc: Michael Clayton, lberdrola Renewables, Two Radnor Corporate Center, Suite 200,
100 Matsonford Road, Radnor, PA 19087
USACE Washington Regulatory Field Office
Todd Bowers, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303
DWR WaRO 401 file
Filename: 110615V3DesertWindPowerProject(Perquimans&Pasquotank)__,401_IC—Mod.docx

Atlantic Wind, LLC
DWR# 11-0615
Individual Certification #3878
Page 3 of 7
CERTIFICATION #3878 is issued in conformity with the requirements of Section 401, Public Laws
92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC
02H .0 500, to Mr. David Shad le and Atlantic Wind, LLC, who have authorization for the impacts
listed below, as described within your application received by the N.C. Division of Water
Resources (Division) • September 16, 2011 and subsequent information • November 15, 2011,
November 16, 2011 and December 19, 2011; by Public Notice issued by the U. S. Army Corps of
Engineers and received by the Division • September 2, 2011; and your modification request
dated May 15, 2015 and received by the Division on June 1, 2015.
The State of North Carolina certifies that this activity will not violate the applicable portions of
Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in
accordance with the application, the supporting documentation, and conditions hereinafter set
forth.
This approval requires you to follow the conditions listed in the certification below.
Conditions of Certification:
1. Impacts Approved
The following impacts are hereby approved provided that all of the conditions of this
Certification are met. No other impacts are approved, including incidental impacts. [15A
NCAC 02B.0506(b)(c)]
404/401 Wetlands
Open Water (ditches)
Total
Amount Approved
(units)
Permanent
29.23 (acres)
1.37 (acres)
30.60 (acres)
Amount Approved
(units)
Temporary
249.21 (acres)
45.47 (acres)
294.68 (acres)
2 Compensatory Mitigation
Mitigation must be provided for the proposed impacts as specified in the table below, The
Division has received an acceptance letter from the Great Dismal Swamp Restoration Bank
to meet this mitigation requirement. Until the Great Dismal Swamp Restoration Bank
receives and clears your payment, and proof of payment has been provided to this Office,
no impacts specified in this Authorization Certificate shall occur. For accounting purposes,
this Authorization Certificate authorizes payment to the Great Dismal Swamp Restoration
Bank to meet the following compensatory mitigation requirement (15A NCAC 02H 0506
(c)(6)]:

Atlantic Wind, LLC
DWR# 11-0615
Individual Certification #3878
Page 4 of 7
Compensatory River and Sub-
Mitigation Required basin Number
404 Wetlands 29.23 (acres) Pasquotank
Non-riparian 03010205
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 Pre-Construction Notification for this
project. 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.
Approved plans and specifications for this project are incorporated by reference and are
enforceable parts of this permit. [15A NCAC 02H.0501 and .05021
4. Sediment and Erosion Control
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. If applicable, the project must comply with the specific conditions
and requirements of the NPDES Construction Stormwater Permit issued to the site and the
following requirements (15A NCAC 02H .0506(b)(3) and (c)(3)1:
a. Design, 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 on all construction sites, borrow sites, and
waste pile (spoil) projects, including contractor-owned or leased borrow pits
associated with the project.
b. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of
the North Carolina Surface Mining Manual.
c, Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and
the Mining Act of 1971.
d. Sufficient materials required for stabilization and/or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
5. Sediment and erosion control measures shall not be placed in wetlands or waters.
Exceptions to this condition require application submittal to and written approval by the
Division. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, then design and placement of temporary erosion control measures shall not
be conducted in a manner that may result in dis-equilibrium of wetlands, stream beds, or
banks, adjacent to or upstream and downstream 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 Energy, Mineral and Land Resources (DEMLR) or
locally delegated program has released the specific area within the project. [15A NCAC 02H
.0501 and .05021

AtlanVc Wind, LLC
DWR# 11-0615
Individual Certification #3878
Page 5 of 7
6. Construction Stormwater Permit NCG1 10000
An NPDES Construction Stormwater Permit is required for construction projects that distu
I
N ne (1) or more acres of land. This Permit allows stormwater to be discharged during land
disturbing construction activities as stipulated in the conditions • the permit. if your
project is covered by this permit, full compliance with permit conditions including the
erosion & sedimentation control plan, inspections and maintenance, self-monitoring, reco
keeping and reporting requirements is required. A copy of the general permit
(NCGO10000), inspection log sheets, and other information may be found at:
1,1�/!)p e,.5svv#tab-w. 15A NCAC 02H .0506(b)(5) and
7 Work in the Dry
All work in or adjacent to stream waters shall be conducted so that the flowing stream does
not come in contact with the disturbed area. Approved best management practices from the
mN st current version of the NC Sediment and Erosion Control Manual, • the NC DOT
Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams,
and other diversion structures shall be used to minimize excavation in flowing water. [15A
INICAC 02H.0506(b)(3) and (c)(3)]
& If concrete is used during the construction, then all necessary measures shall be taken to
prevent direct contact between uncured or curing concrete and waters of the state. Water
that inadvertently contacts uncured concrete shall not be discharged to waters of the state
due to the potential for elevated pH and possible aquatic life/fish kills. [15A NCAC 02B .0200]
9. Placement
• Culverts and Other Structures in Waters and Wetlands [15A NCAC 02H,
.0506(bl(2) and (c)(2)]
Culverts required for this project shall be installed in such a manner that the original stream
profiles are not altered and to allow for aquatic life movement during low flows. Existing
stream dimensions (including the cross section dimensions, pattern and longitudinal profile
must be maintained above and below locations of each culvert.
Placement of culverts and other structures in waters, streams must be below the elevation •
the
r• N. by one (1) foot for all culverts with a diameter greater than 48 inches, and 20
percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow
low flow passage of water and aquatic life.
Installation of culverts in wetlands must ensure continuity of water movement and be
designed to adequately accommodate high water or flood conditions. Additionally, when
roadways, causeways, or other fill projects are constructed across FEMA-designated
floodways or wetlands, openings such as culverts or bridges must be provided to maintain tll
natural hydrology • the system as well as prevent constriction of the floodway that may
result in destabilization of streams or wetlands.
The establishment of native, woody vegetation and other soft stream bank stabilization
techniques must be used where practicable instead of rip rap • other bank hardening
methods.

Atlantic Ond, LLC
DWR# 11-0615
individual Certification #3878
10. All temporary fill and culverts shall be removed and the impacted area returned to natural
conditions, within 60 days of the determination that the temporary impact is no longer
necessary. The impacted areas shall be restored to original grade, including each stream's
original cross sectional dimensions, plan form pattern, and longitudinal bed and bed profile,
and the various sites shall be stabilized with natural woody vegetation (except approved
maintenance areas) and restored to prevent erosion. (15A NCAC 02H .0506(b)(2) and (c)(2)]
11. All temporary pipes/culverts/riprap pads etc, shall be installed in all streams as outlined in the
most recent edition of the North Carolina Sediment and Erosion Control Planning and Design
Manual so as not to restrict stream flow or cause dis-equilibrium. [15A NCAC 02H .0506(b)(2)
and (c) (2)]
12. Any riprap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the approved
construction activity. All riprap shall be buried and/or "keyed in" such that the original
stream elevation and streambank contours are restored and maintained. Placement of riprap
or other approved materials shall not result in de- stabilization of the stream bed or banks
upstream or downstream of the area. [15A NCAC 02H 0506(b)(2)]
13. Any riprap used for stream stabilization shall be of a size and density to prevent movement by
wave action, current action, or stream flows and consist of clean rock or masonry material
free of debris or toxic pollutants. Riprap shall not be installed in the streambed except in
specific areas required for velocity control and to ensure integrity of bank stabilization
measures. [15A NCAC 02H .0506(b)(2)]
14 A one-time application of fertilizer to re-establish vegetation is allowed in disturbed areas
including riparian buffers, but is restricted to no closer than 10 feet from top • bank •
streams. Any fertilizer application must comply with all other Federal, State and Local
regulations. [15ANCACO2B.0231]
15. This Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or Local approvals.
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 and Federal law. [15A NCAC 02B .0200] 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.
Before modifying the Certification, the Division shall notify Mr. David Shadle and Atlantic
Wind, LLC and the U.S. Army Corps of Engineers, provide public notice in accordance with 15A

Individual Certification #3878
Page 7 of 7
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 U.S. Army Corps of Engineers for reference in
any Permit issued pursuant to Section 404 • the Clean Water Act, and shall also become
conditions of the 404 Permit for the project.
17. This approval is for the purpose and design described in your application and as described in
the Public Notice. The plans and specifications for this project are incorporated by reference
and are an enforceable part of the Certification. If you change your project, you must notify
the Division and you may be required to submit a new application package with the
appropriate fee. If the property is sold, the new owner must be given a copy of this
Certification and is responsible for complying with all conditions. Any new owner must notify
the Division and request the Certification be issued in their name. [15A NCAC 02H .0501 and
.0502]
18. The applicant and/or authorized agent shall provide a completed Certificate of Completion
Form to the DWR 401 & Buffer Permitting Unit within ten days of project completion
(available at:,httpy d e n r. o r pj S -rnits/appl fo s).
111Qq: q/ rn
.��p/ws/40'1/cert andpet Y.A.—L
[15A NCAC 02H.0502(f)]
19. This certification grants permission to the director, an authorized representative of the
Director, or DENR staff, upon the presentation of proper credentials, to enter the property
during normal business hours. [15A NCAC 02H .0502(e)]
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. The
conditions in effect on the date of issuance shall remain in effect for the life of the project,
regardless of the expiration date of this Certification. [15A NCAC 02H .0507(d)(2) and 15A NCAC
02H .0506]
Non-compliance with or violation of the conditions herein set forth may result in revocation of
this Certification and may also result in criminal and/or civil penalties.
This the 14th day of July 2015
Karen Higgins, Supervisd
401 & Buffer Permitting Unit
KAH/jab
Ww-]