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)
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