HomeMy WebLinkAbout20150494 Ver 1_Approval Letter_20150715NC®ENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
July 15, 2015
BRE NC Solar I, LLC
Attn: David Bunge
3250 Ocean Park Blvd., Ste. 355
Santa Monica, CA 90405
Donald R. van der Vaart
Secretary
DWR # 15 -0494
Granville County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Beam Solar, LLC
Dear Mr. Bunge:
You have our approval for the impacts listed below for the purpose described in your
application dated March 30, 2015 and received by the Division of Water Resources (Division) on
May 18, 2015 with additional information received on June 25, 2015. These impacts are
covered by the attached Water Quality General Certification Number 3886 and the conditions
listed below. This certification is associated with the use of Nationwide Permit Number 14 once
it is issued to you by the U.S. Army Corps of Engineers. 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.
This approval requires you to follow the conditions listed in the enclosed certification and the
following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification are met. No other impacts are approved, including
incidental impacts. [15A NCAC 02B .0506(b)(c)]
Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section http: / /portal.ncdenr.org /web /wq /aps
1628 Mail Service Center, Raleigh, NC 27699 -1628 Phone: (919) 791 -4200
Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: (919) 788 -7159
An Equal Opportunity 1 Affirmative Action Employer — Made in part by recycled paper
Beam Solar .
DWR# 15 -0494
401 APPROVAL
Page 2 of 4
Type of Impact Amount Approved Amount Approved
(units) (units)
Permanent Temporary
Stream 62 (linear feet) 12 (linear feet)
2. Diffuse Flow
All stormwater must be directed and maintained as diffuse flow at non - erosive velocities
through the protected stream buffers such that it will not re- concentrate before discharging
into a stream. [15A NCAC 02H .0506(b)(5)]
3. No Waste, Spoil, Solids, or Fill of Any Kind
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. '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. [15A NCAC 02H .0501
and .0502]
4. 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 to ensure
compliance with 15 NCAC 02H.0500. [15A NCAC 02H.0506 (b)(2) and (c)(2),and 15A NCAC
02H .0507 (c)]
5. This approval is for the purpose and design described in your application. The plans and,
specifications for this project are incorporated by reference as 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 approval letter and General Certification and is responsible for
complying with all conditions. [15A NCAC 02B .0507(d)(2)]
6._ This approval and its conditions are final and binding unless contested. [G.S. 143- 215:5]
This Certification can be contested as provided in Articles 3 and 4 of General Statute 1506 by
filing a written petition for an administrative hearing to the Office of 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 for information.
Within thirty (30) calendar,days of receipt of this notice, a petition must be filed with the '
l
Beam Solar
DWR# 15 -0494.
401APPROVAL
Page 3 of 4
OAH., is considered filed when the original and one (1) copy along with any
applicable CIAH.filing fee,is received in the OAH during normal office.hoUrs' (Monday.thr6ugh
Friday b.etween.8:00am and 5:00pm, excluding official state holidays).
The petition may be faxed to the OAH at (919) 431-3100, provided the original and'one copy of
the pgtition,,along with an y pplicabl a AH filing fee is received by the OAH within five (5)
..e.0
business days following the faxed transmission.
Mailing address for the OAH:
If sending by First Class Mail • If sending via delivery service
via the US Postal.Servide: (e.g. UPS, FedEx):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
4 Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEN R:
Sam Hayes, General Counsel
Deportme nt of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601.
Please send one (1) copy of the petition to DWR:
If sending by First Class Mail If sending via delivery service
via the US Postal Service.: (e.g. UPS, FedEx):
Karen Higgin's Kare'n Higgins
NC DENR-DWR--401 & Buffer NC DEN R-DWR — 401 & Buffer
Permitting Unit Permitting Unit
161.7 Mail Service Center 512 N. Salisbury Street
Raleigh, NC 27699-1617 Raleigh, NC 27604
This letter completes the review of the Division under section 4.01 of the Clean Water Act.
Please contact Cherri Smith at 919-791-4251 or cherri.smith(o)ncdenr.gov if you have any
questions or concerns.
Since ely,-
Danny Smith
Supervisor,. Water Quality Regional Operations Section
Beam Solar
DWR# 15 -0494
401 APPROVAL
Page 4 of 4
Enclosure: GC 3886
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade
Drive, Ste. 105; Wake Forest, NC 27597
Ted Melchers; Terracon Consultants, Inc.; 1450 Fifth St. West; North Charleston, SC
29405