20160029 Ver 1_Approval Letter_20160125

Water Resources
ENVIRONMENTAL QUALITY
January 25, 2016
Mr. Brent Niemann, PE
Strata Solar, LLC
50101 Governors Dr.
Chapel Hill, NC 27517
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Director
DWR# 16-0029
Iredell County
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
Tripple State Farm —Solar Project
Dear Mr. Niemann:
You have our approval, in accordance with the General Certification and those
conditions listed below, for the purpose proposed in your application dated January 7, 2016, and
received by the Division of Water Resources (the Division) on January 8, 2016. After
reviewing your application, we have determined that this project is covered by Water Quality
General Certification Number 3884 which can be viewed on our web site at
http://Portal.ncdenr.org/web/wo/swp/ws/401. The General Certification allows you to use
Nationwide Permit Number 12 once it is issued to you by the U.S. Army Corps of Engineers
(COE). 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.
The above noted Certification will expire when the associated 404 permit expires unless
otherwise specified in the General Certification. It is advised that all conditions of the
Certification are reviewed prior to initiation of the project. In addition to the requirements of the
Certification, you must also comply with the following conditions:
This approval is only valid for the purpose and design that you described in your
application. If you change your project, you must notify us in writing, and you may be
required to send us a new application for a new Certification. If total wetland fills for this
project (now or in the future) exceed one acre, or of total impacts to streams (now or in
the future) exceed 150 linear feet, compensatory mitigation may be required. If the
property is sold, the new owner must be given a copy of the Certification and approval
letter; and is thereby responsible for complying with all conditions. 15A NCAC 02H
.0506 and 15A NCAC 02H.0507
2. The Mooresville Regional Office shall be notified in writing once construction at the
approved impact areas has commenced. 15A NCAC 02H .0502 (e)
State of North Ceroliaa l Environmental Quality l Water Raouraes l Water Qmlit Regional Operations
Mooresville Regional Off al 610 East Center Avenue. Suite 3011 Moa.Wle, NanA Caroline 28115
704663 1699

3. Approved Impacts:
Type of Impact Amount Approved
Amount Approved
Temporary Impact
Permanent Impact
Stream 23 linear ft.
16 linear ft.
Wetland 0 acre
0 acre
4. Stormwater discharge structures at this site shall be constructed in a manner such that
the potential receiving streams (of the discharge) will not be impacted due to sediment
accumulations, scouring or erosion of the stream banks. 15A NCAC 02H .0506(b)(5)
5. Use of native vegetation and other soft stream bank stabilization techniques is
recommended where practicable instead of riprap or other bank hardening methods. If
riprap is necessary, it shall not be placed in the streambed, unless approved by DWR
6. Immediately upon completion of the installation of a culvert or removal of a flow restricting
device, water flow shall be returned to its natural course. Existing stream dimensions
(including the cross section dimensions, pattern, and longitudinal profile) must be
maintained (or restored via constructed benches) above and below locations of each
culvert. If any of the existing pipes are or become perched, the appropriate stream grade
shall be re-established or, if the pipes installed in a perched manner, the pipes shall be
removed and re -installed correctly. 15A NCAC 02H.0506(b)(2)
7. Unless otherwise approved in this Certification, placement of culverts and other structures
in open waters and streams shall be placed below the elevation of the streambed by one
foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert
diameter for culverts having a diameter less than 48 inches, to allow low flow passage of
water and aquatic life. Design and placement of culverts and other structures including
temporary erosion control measures shall not be conducted in a manner that may result in
dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and
downstream of the above structures. The applicant is required to provide evidence that the
equilibrium is being maintained if requested in writing by the NCDWR. If this condition is
unable to be met due to bedrock or other limiting features encountered during
construction, please contact the NCDWR for guidance on how to proceed and to
determine whether or not a permit modification will be required.
This Certification can be contested as provided in Articles 3 and 4 of the General Statute
150B by filing a written petition for an administrative hearing to the Office of the 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 [phone].
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, 8:00
am to 5:00 pm, excluding state holidays).
The petitions may be faxed to the OAH at [phone], provided the original and one
(1) 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 OAR
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
Raleigh, NC 27699-6714
1711 New Hope Church Rd.
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served on DEQ as follows:
Mr. Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review by the Division under Section 401 of the Clean Water
Act. If you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional
Office at 704-663-1699 or Ms. Karen Higgins in the Central Office in Raleigh 919-807-6360.
'C� W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Attachments
cc: Paul Stephens, ECS, pstephensCa)ecslimited.com
Tasha Alexander, Army Corps of Engineers, Asheville (email)
Karen Higgins, Wetlands Unit
MRO, Land Quality