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HomeMy WebLinkAbout20150832 Ver 1_No Written Concurrence_20150825NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor August 25, 2015 Community Energy Solar, LLC Attn: Mr. Chris Killenberg 151 East Rosemary Street, Suite 202 Chapel Hill, NC 27515 Subject: Winton Solar Farm NO WRITTEN CONCURRENCE NEEDED Dear Mr. Killenberg: Donald R. van der Vaart Secretary DWR # 15 -0832 Hertford County You have our approval, in accordance with the attached conditions to impact 26 linear feet of stream (6 linear feet of permanent and 20 linear feet of temporary) in order to replace an existing culvert and install sediment and erosion control measures as described in your application dated August 12, 2015 and received by the Division of Water Resources (Division) on August 18, 2015. After reviewing your application, we have decided that the impacts are below the threshold for written authorization as long as the conditions of General Water Quality Certification Number 3883 (GC 3883) are met. This certification allows you to use the Nationwide 3 when issued by the US 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 is only valid for the purpose and design that you described in your application except as modified below. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in i5A NCAC 2H .0506 (h) (6) and (7). This approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided in the General Certification. For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. Conditions of Certification: 1. The applicant and /or authorized agent shall provide a completed Certificate of Completion form to the Division within thirty (30) days of project completion (available at ti : r)ortal.ncdenr.org/ web /wq /swp /ws/ 401 /certsandDermits /apply /forms). [15A NCAC 02H .0506(b)(5)) Division of Water Resources - Water Quality Regional Operations Section - Washington Regional Office 943 Washington Square Mall, Washington, NC 27889 Phone: 252 - 946 -6481 1 Fax: 252 - 975 -37161 Internet: www,ncdenr.gov An Equal Oppodunity 1 Affirmative Action Employer— Made in part by recycled paper Community Energy Solar, LLC Attn: Mr. Chris Killenberg DWR # 15 -0832 401 APPROVAL Page 2 of 3 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 htto: / /www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431 -3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:OOam and S:OOpm, 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 via US Postal Service: If sending via delivery service (UPS, FedEx, etc.): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699 -6714 Raleigh, NC 27609 -6285 One (1) copy of the petition must also be served to DENR: Sam H. Hayes, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699 -1601 This letter completes the review of the Division under section 401 of the Clean Water Act. Please contact Anthony Scarbraugh at 252- 948 -3924 or anthonv.scarbrauah(mncdenr.¢ov if you have any questions or concerns. Sincerely, ICI -? q Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDENR Enclosures: GC 3883 Certification of Completion Community Energy Solar, LLC Attn: Mr. Chris Killenberg DWR # 15 -0832 401APPROVAL Page 3 of 3 cc: Chester Bigelow, USACE Washington Regulatory Field Office (via email) Pat McClain, DEMLR WaRO (via email) DWR 401 & Buffer Permitting Unit File (Laserfiche) File