HomeMy WebLinkAbout20150705 Ver 2_Approval Letter_20151218!; a
Water Resources
ENVIRONMENTAL QUALITY
December 18, 2015
Conergy Projects Inc
Attn: Steve Crivelli
3947Lennane Dr
Sacramento CA 95834
PAT MCCRORY
DONALD R. VAN DER VAART
Seeru"ll y
S. JAY ZIMMERMAN
Direclor
DWR # 15-0705 v2
Alamance County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
APPROVAL of JORDAN LAKE RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS
Minnie Solar Farm
Dear Mr. Crivelli:
You have our approval for the impacts listed below for the purpose described in your application dated
September 4, 2015, received by the Division of Water Resources (Division) September 9, 2015, with
subsequent information on October 5, 2015, October 8, 2015, October 20, 2015, October 27, 2015,
November 17, 2015 and December 9, 2015. These impacts are covered by the attached Water Quality
General Certification Number 3890, Jordan Lake Buffer Rules and the conditions listed below. This
certification is associated with the use of Nationwide Permit Number 39 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(s) or general permit
and the following additional conditions:
The following impacts are hereby approved provided that all of the other specific and general
conditions of the Certification and Jordan Lake Buffer Rules are met. No other impacts are
approved, including incidental impacts. [15A NCAC 02H .0506(b) and/or (c)] and 15A NCAC 02B
.0267(8)]
Type of Impact Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Stream 25 (linear feet)
31 (linear feet)
Buffers —Zone 1 2760 (square feet)
0 (square feet)
Buffers —Zone 2 2664 (square feet)
0 (square feet)
450 W. Hanes Mill Road, Suite 300, Winston-Salem, North Carolina 27105
Phone: 336-776-98001 FAX: 336-776-97971 Customer Service 1-877-623-6748
Internet: www. ncdenr.gov- www.ncwater.org
Conergy Projects Inc
DW R# 15-0705 v2
401/Buffer APPROVAL
Page 2 of 3
2. 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 and Buffer
Authorization. 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(s)/Permit/Authorization and is responsible for complying with all conditions. [15A
NCAC 02H .0507(d)(2)]
3. All wetlands, streams, surface waters, and riparian buffers located within 50 feet of the
construction area on the project site shall be clearly marked (example- orange fabric
fencing) prior to any land disturbing activities and must be maintained on the property
until the project phase is completed. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A
NCAC 02H .0507 (c)]
4. The Winston Salem Regional Office shall be notified once construction at the approved
impact areas has commenced. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0502 (e)]
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certification and Buffer Authorization 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 (60) calendar days.
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. 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 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 Hayes, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
Conergy Projects Inc
DWR# 15-0705 Q
401/Buffer APPROVAL
Page 3 of 3
This letter completes the review of the Division under section 401 of the Clean Water Act and the Jordan
Lake Riparian Buffer Rules as described in 15A NCAC .0267. Please contact Sue Homewood at 336-776-
9693 or sue.homewood@ncdenr.gov if you have any questions or concerns.
Sincerely,
Sherri V. Knight, P. E.
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ— WSRO
Enclosures: GC 3890
cc: Brad Luckey, Pilot Environmental (via email)
David Bailey, USACE Raleigh Regulatory Field Office (via email)
DWR WSRO 401 file
DWR 401 & Buffer Permitting Unit file