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HomeMy WebLinkAbout20150647 Ver 1_Approval Letter_20150722AMA"WA �p NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary July 22, 2015 Pontiac Plywood, Inc. Attn: Hunter Stone 3204 Nash St. N., Ste. C Wilson, NC 27896 . Ernest and Dorothy Bobbitt 623 Wilson St. Roanoke Rapids, NC 27870 Norman Perry Bobbitt P.O. Box 1173 Littleton, NC 27850 DWR # 15 -0647 Warren County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Sun Devil Solar Project Dear Mr. Stone, Mr. and Mrs. Bobbitt, and Mr. Bobbitt: You have our approval for the impacts listed below for the purpose described in your application dated July 1, 2015 and received by the Division of Water Resources (Division) on July 2, 2015 with additional information received on July 7, 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: 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 Sun Devil Solar Project DWR# 15 -0647 401 APPROVAL Page 2 of 4 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)] Type of Impact Amount Approved (units) Permanent Wetland 0.023 (acres) WA Wetland 0.015 (acres) WB Stream 77 (linear feet) S1 Stream 40 (linear feet) S2 Amount Approved (units) Temporary 0 (acres) 0 (acres) 10 (linear feet) 10 (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 Sun Devil Solar Project DWR# 15 -0647 401 APPROVAL Page 3 of 4 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 - 215.51 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). 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 OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 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 petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending by First Class Mail via the US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699 -6714 If sending via delivery service (e.g. UPS, FedEx): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609 -6285 One (1) copy of the petition must also.be served to DENR: Sam Hayes, General Counsel Department 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 via the US Postal Service: Karen Higgins NC DENR -DWR — 401 & Buffer Permitting Unit 1617 Mail Service Center If sending via delivery service (e.g. UPS, FedEx): Karen Higgins NC DENR -DWR —401 & Buffer Permitting Unit 512 N. Salisbury Street Sun Devil Solar Project DWR# 15 -0647 401APPROVAL Page 4 of 4 Raleigh, NC 27699 -1617 Raleigh, NC 27604 This letter completes the review of the Division under section 401 of the Clean Water Act. Please contact Cherri Smith at 919 - 791 -42,1 or cherri.smith @ncdenr.gov if you have any que ons or concerns. S' cerel , Danny Smit Supervisor, Water Quality Regional Operations Section Enclosure: GC 3886 cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Drive, Ste. 105; Wake Forest, NC 27597 Greg Ness; FLS Energy, Inc.; 130 Roberts St.; Asheville, NC 28801 James McRacken; Energy Renewal Partners, LLC; 101 W. Worthington Ave., Ste. 120; Charlotte, NC 28203