20240497 Ver 1_Approval Letter_20240612

DocuSign Envelope ID: 2E5B062E-2598-45F1-8CFE-1FE2362CO81A
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
June 12, 2024
DWR # 20240497
Northampton County
Cherry Solar, LLC
Attn: Derek Ivie
595 Summer Street
Stamford, CT 06901
Delivered via email to: [e-mail]
Subject: Approval of Individual 401 Water Quality Certification
Cherry Solar
USACE Action ID. No. SAW-2021-01374; SAW-2020-01825
Dear Derek Ivie:
Attached hereto is a copy of Certification No. WQC006884 issued to Derek Ivie and Cherry Solar, LLC,
dated June 12, 2024. 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 this Water Quality 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 must be given a copy
of this Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)].
This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other
required Federal, State, or Local approvals before proceeding with the project, including those required
by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and
Trout Buffer regulations.
This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any
lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize
any person to interfere with the riparian rights, littoral rights, or water use rights of any other person
and does not create any prescriptive right or any right of priority regarding any usage of water. This
Water Quality Certification shall not be interposed as a defense in any action respecting the
determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed
by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with
respect to any other consumptive user.
Upon the presentation of proper credentials, the Division may inspect the property.
North Carolina Department of Environmental Quality I Division of Water Resources
D E Q�1� Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
vnF-� raao� inn 919.791.4200

DocuSign Envelope ID: 2E5B062E-2598-45F1-8CFE-1FE2362CO81A
Cherry Solar
DWR# 20240497
Individual Certification #WQC006884
Page 2 of 13
This Water Quality Certification shall expire on the same day as the expiration date of the corresponding
Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the
expiration date of this Water Quality Certification.
Non-compliance with or violation of the conditions herein set forth may result in revocation of this
Water Quality Certification for the project and may also result in criminal and/or civil penalties.
If you are unable to comply with any of the conditions of this Water Quality Certification you must notify
the Raleigh Regional Office within 24 hours (or the next business day if a weekend or holiday) from the
time the permittee becomes aware of the circumstances.
The permittee shall report to the Raleigh Regional Office any noncompliance with, and/or any violation
of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to
streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a
weekend or holiday) from the time the permittee became aware of the non-compliance circumstances.
This approval and its conditions are final and binding unless contested [G.S. 143-215.5].
This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by
filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative
Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter
150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code.
Additional information regarding requirements for filing a Petition and Petition forms may be accessed at
http://www.ncoah.com/ or by calling the OAH Clerk's Office at [phone].
A party filing a Petition must serve a copy of the Petition on:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
If the party filing the Petition is not the permittee, then the party must also serve the recipient of the
Certification in accordance with N.C.G.S 15013-23(a).
This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H
.0500. Please contact Joe Myers at 919-791-4256 or [e-mail] if you have any
questions or concerns.
Sincerely,
IA
ppDocuSigned by:
t tW
372DCBCB61EE4A8...
Michael Hall
Regional Supervisor, Raleigh Regional Office
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
North Carolina Department of Environmental Quality I Division of Water Resources
D✓� Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
r�oa1H CARCLIIA
0�ro� mE� .w..W o�.i� 919.791.4200

DocuSign Envelope ID: 2E5B062E-2598-45F1-8CFE-1FE2362CO81A
Cherry Solar
DWR# 20240497
Electronic cc: Derek Ivie, Cherry Solar
Individual Certification #WQC006884
Page 3 of 13
Michael H Wray, [e-mail]
Mustin Capital — Matthew Ogburn, [e-mail]
Anthony Scarbraugh, USACE Washington Regulatory Field Office
Brooke Massa, NCWRC
DWR 401 & Buffer Permitting Branch Electronic file
Filename: 20240497_Cherry Solar_ Northampton_IP14_MRT_GDSRB.docx
D � � North Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
r�oa1H CAROLINA ^ 919.791.4200
o�ei�

DocuSign Envelope ID: 2E5B062E-2598-45F1-8CFE-1FE2362CO81A
Cherry Solar
DWR# 20240497
Individual Certification #WQC006884
Page 4 of 13
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC006884 is issued in conformity with the requirements of Section 401, Public Laws
92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500
and 15A NCAC 02B .0200, to Derek Ivie and Cherry Solar, LLC, who have authorization for the impacts
listed below, as described within your application received by the N.C. Division of Water Resources
(Division) on March 28, 2024, and subsequent information on June 7, 2024, and June, 10, 2024 and by
Public Notice issued by the Division on April 2, 2024, and within the Reasonable Period of Time pursuant to
40 CFR Part 121.6.
The State of North Carolina certifies that this activity will comply with water quality requirements and
the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if
conducted in accordance with the application, the supporting documentation, and conditions
hereinafter set forth.
The following impacts are hereby approved. No other impacts are approved, including incidental
impacts. [15A NCAC 02H .0506(b)]
Type of Impact
Amount Approved
Amount Approved
Mitigation Amount
Permanent
Temporary
Required
Non -Riparian Wetlands
W8: Crossing 4 — Access Path —
0.040 acres
0 acres
0.040 credits
Wetland 52
W9: Crossing 4 — Channel
0.002 acres
0 acres
0.002 credits
Protection — Wetland 52
W10: Crossing 4 —
0 acres
0.014 acres
0 credits
Access/ Dewatering — Wetland 52
W29: Crossing 11 —Access Path —
0.140 acres
0 acres
0.140 credits
Wetland 74
W30: Crossing 11— Channel
0.002 acres
0 acres
0.002 credits
Protection — Wetland 74
W31: Crossing 11—
0 acres
0.017 acres
0 credits
Access/ Dewatering — Wetland 74
Totals:
0.184 acres
0.031 acres
0.184 Credits
Riparian Wetlands
W1: Crossing 1 - Timber Matting -
0 acres
0.060 acres
0 credits
Wetland 75
W2: Crossing 2 — Access Path —
0.046 acres
0 acres
0.046 credits
Wetland 23
W3: Crossing 2 — Channel
0.012 acres
0 acres
0.012 credits
Protection — Wetland 23
W4: Crossing 2—
0 acres
0.037 acres
0 credits
Access/ Dewatering — Wetland 23
W5: Crossing 3 — Access Path —
0.011 acres
0 acres
0.011 credits
Wetland 53
North Carolina Department of Environmental Quality I Division of Water Resources
D✓� Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
r�oa1H CARCLIIA 919.791.4200
oewro�eM m e�m��me��i o�.i�

DocuSign Envelope ID: 2E5B062E-2598-45F1-8CFE-1FE2362CO81A
Cherry Solar
DWR# 20240497
Individual Certification #WQC006884
Page 5 of 13
Type of Impact
Amount Approved
Amount Approved
Mitigation Amount
Permanent
Temporary
Required
Riparian Wetlands
W6: Crossing 3 - Channel
0.010 acres
0 acres
0.010 credits
Protection - Wetland 53
W7: Crossing 3 -
0 acres
0.017 acres
0 credits
Access/ Dewatering - Wetland 53
W11: Crossing 5 - Access Path -
0.032 acres
0 acres
0.032 credits
Wetland 23
W12: Crossing 5 - Channel
0.014 acres
0 acres
0.014 credits
Protection - Wetland 23
W13: Crossing 5 -
0 acres
0.032 acres
0 credits
Access/ Dewatering - Wetland 23
W14: Crossing 6 - Access Path -
0.052 acres
0 acres
0.052 credits
Wetland 24
W15: Crossing 6 - Channel
0.005 acres
0 acres
0.005 credits
Protection - Wetland 24
W16: Crossing 6 -
0 acres
0.033 acres
0 credits
Access/ Dewatering - Wetland 24
W17: Crossing 7 - Access Path -
0.070 acres
0 acres
0.070 credits
Wetland 29
W18: Crossing 7 - Channel
0.011 acres
0 acres
0.011 credits
Protection - Wetland 29
W19: Crossing 7 -
0 acres
0.035 acres
0 credits
Access/ Dewatering - Wetland 29
W20: Crossing 8 - Access Path -
0.043 acres
0 acres
0.043 credits
Wetland 32
W21: Crossing 8 - Channel
0.019 acres
0 acres
0.019 credits
Protection - Wetland 32
W22: Crossing 8 -
0 acres
0.034 acres
0 credits
Access/ Dewatering - Wetland 32
W23: Crossing 9 - Access Path -
0.154 acres
0 acres
0.154 credits
Wetland 31
W24: Crossing 9 - Channel
0.016 acres
0 acres
0.016 credits
Protection - Wetland 31
W25: Crossing 9 -
0 acres
0.041 acres
0 credits
Access/ Dewatering - Wetland 31
W26: Crossing 10 - Access Path -
0.014 acres
0 acres
0.014 credits
Wetland 33
W27: Crossing 10 - Channel
0.005 acres
0 acres
0.005 credits
Protection - Wetland 33
W28: Crossing 10-
0 acres
0.007 acres
0 credits
Access/ Dewatering - Wetland 33
Totals:
0.514 acres
0.296 acres
0.514 credits
North Carolina Department of Environmental Quality I Division of Water Resources
D✓� Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
r�oa1H CARCLIIA 919.791.4200
oewro�eM m e�m��me��i o�.i�

DocuSign Envelope ID: 2E5B062E-2598-45F1-8CFE-1FE2362CO81A
Cherry Solar
DWR# 20240497
Individual Certification #WQC006884
Page 6 of 13
Type of Impact
Amount Approved
Amount Approved
Mitigation Amount
Permanent
Temporary
Required
Intermittent Streams
S1: Crossing 1 —Timber Matting —
0 linear feet
67 linear feet
0 credits
Stream 45
S4: Crossing 3 - Access
45 linear feet
0 linear feet
0 credits
Path/Culvert — Stream 30
S5: Crossing 3 - Dewatering—
0 linear feet
10 linear feet
0 credits
Stream 30
S6: Crossing 5 - Access
53 linear feet
0 linear feet
0 credits
Path/Culvert — Stream 3
S7: Crossing 5 - Dewatering—
0 linear feet
2 linear feet
0 credits
Strea m 3
S8: Crossing 6 - Access
90 linear feet
0 linear feet
0 credits
Path/Culvert — Stream 4
S9: Crossing 6 - Dewatering—
0 linear feet
15 linear feet
0 credits
Strea m 4
S10: Crossing 7 - Access
71 linear feet
0 linear feet
0 credits
Path/Culvert — Stream 8
S11: Crossing 7 - Dewatering —
0 linear feet
20 linear feet
0 credits
Strea m 8
S16: Crossing 10 - Access
73 linear feet
0 linear feet
0 credits
Path/Culvert —Stream 1
S17: Crossing 10 - Dewatering —
0 linear feet
30 linear feet
0 credits
Stream 1
S18: Crossing 12 - Access
13 linear feet
0 linear feet
0 credits
Path/Culvert — Stream 51
S19: Crossing 12 - Dewatering —
0 linear feet
10 linear feet
0 credits
Stream 51
Totals:
345 linear feet
154 linear feet
0 credits
Perennial Streams
S2: Crossing 2 - Access
92 linear feet
0 linear feet
0 credits
Path/Culvert —Stream 2
S3: Crossing 2 - Dewatering—
0 linear feet
21 linear feet
0 credits
Stream 2
S12: Crossing 8 - Access
47 linear feet
0 linear feet
0 credits
Path/Culvert — Stream 9
S13: Crossing 8 - Dewatering —
0 linear feet
31 linear feet
0 credits
Strea m 9
S14: Crossing 9 - Access
63 linear feet
0 linear feet
0 credits
Path/Culvert — Stream 9
S15: Crossing 9 - Dewatering —
0 linear feet
25 linear feet
0 credits
Strea m 9
Totals:
202 linear feet
77linear feet
0 credits
North Carolina Department of Environmental Quality I Division of Water Resources
D✓� Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
r�oa1H CARCLIIA 919.791.4200
oewro�eM m e�m��me��i o�.i�

DocuSign Envelope ID: 2E5B062E-2598-45F1-8CFE-1FE2362CO81A
Cherry Solar
DWR# 20240497
Individual Certification #WQC006884
Page 7 of 13
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
Mitigation must be provided for the proposed impacts as specified in the table below. The
attached Compensatory Mitigation Responsibility Transfer Form shall be completed and
provided to the Division prior to any impacts occurring. If the Mitigation Provider specified on
the attached Form(s) for the proposed impacts changes after issuance of this Certificate, then
the Permittee shall request a revised Compensatory Mitigation Responsibility Transfer Form
from the Division prior to conducting any impacts.
Compensatory Mitigation Required
River and Sub -basin Number
Riparian
0.514 acres (credits)
Roanoke River Basin
Wetland
03010204
Non -Riparian
0.184 acres (credits)
Roanoke River Basin
Wetland
03010204
Citation: 15A NCAC 02H .0506(c); 15A NCAC 02H .0507(c)
Appropriate measures should be installed prior to any land clearing activities to protect
wetlands, streams, and/or buffers from turbidity and/ or sedimentation. These measures
should be routinely inspected and properly maintained, and excavated materials should be
contained outside wetland, stream, and/or buffer boundaries. Excessive silt and sediment loads
can have numerous detrimental effects on aquatic resources including destruction of spawning
habitat, suffocation of eggs, and clogging of gills of aquatic species.
Citation: 15A NCAC 02H .0506(b)(1) and (2)
3. Upon completion of Culvert #12, as identified in the PCN dated 03/28/2024, please send
upstream and downstream photographs via email to document correct installation to the North
Carolina Division of Water Quality Raleigh Regional Office ([e-mail]).
Citation: 15A NCAC 02H .0506 (b)(1) and (2)
4. The Raleigh Regional Office shall be notified via email ([e-mail]) once
construction at the approved impact areas has commenced.
Citation: 15A NCAC 02H .0507(c); 15A NCAC 02H .0502(e); 15A NCAC 02H .0506(b)(3)
5. For road construction purposes, this Certification shall only be utilized from natural high ground to
natural high ground.
Citation: 15A NCAC 02H .0502(a);15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
6. The permittee shall report to the DWR Raleigh Regional Office any noncompliance with, and/or
any violation of, stream or wetland standards [15A NCAC 02B .0200], including but not limited to
sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or
the next business day if a weekend or holiday) from the time the permittee became aware of the
non-compliance circumstances.
North Carolina Department of Environmental Quality I Division of Water Resources
D✓� Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
r�oa1H caaou�n 919.791.4200

DocuSign Envelope ID: 2E5B062E-2598-45F1-8CFE-1FE2362CO81A
Cherry Solar
DWR# 20240497
Individual Certification #WQC006884
Page 8 of 13
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
7. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint
of the approved impacts (including temporary impacts).
Citation: 15A NCAC 02H .0506; 15A NCAC 02H .0507(c)
8. All activities shall be in compliance with any applicable State Regulated Riparian Buffer Rules in
Chapter 2B of Title 15A in the North Carolina Administrative Code.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
When applicable, all construction activities shall be performed and maintained in full
compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973).
Regardless of applicability of the Sediment and Pollution Control Act, all projects shall
incorporate appropriate Best Management Practices for the control of sediment and erosion so
that no violations of state water quality standards, statutes, or rules occur.
Design, installation, operation, and maintenance of all sediment and erosion control measures
shall be equal to or exceed the requirements specified in the most recent version of the North
Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the North
Caroline Department of Transportation Sediment and Erosion Control Manual.
All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites,
including contractor -owned or leased borrow pits associated with the project. Sufficient
materials required for stabilization and/or repair of erosion control measures and stormwater
routing and treatment shall be on site at all times.
For borrow pit sites, the erosion and sediment control measures shall be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual. Reclamation measures and implementation shall comply with the
reclamation in accordance with the requirements of the Sedimentation Pollution Control Act
and the Mining Act of 1971.
If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-
I, WS-II, High Quality Waters (HQW), or Outstanding Resource Waters (ORW), then the
sedimentation and erosion control designs shall comply with the requirements set forth in 15A
NCAC 04B .0124, Design Standards in Sensitive Watersheds.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCACO28 .0200; 15A NCAC 02B
.0231
10. Sediment and erosion control measures shall not be installed in wetland or waters except within
the footprint of temporary or permanent impacts otherwise authorized by this Certification. If
placed within authorized impact areas, then placement of such measures shall not be conducted
in a manner that results in dis-equilibrium of any wetlands, streambeds, or streambanks. Any
silt fence installed within wetlands shall be removed from wetlands and the natural grade
restored within two (2) months of the date that DEMLR or locally delegated program has
released the specific area within the project to ensure wetland standards are maintained upon
completion of the project.
North Carolina Department of Environmental Quality I Division of Water Resources
D✓� Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
r�oa1H CARCLIIA
0�ro� mE� .w..W o�.i� 919.791.4200

DocuSign Envelope ID: 2E5B062E-2598-45F1-8CFE-1FE2362CO81A
Cherry Solar
DWR# 20240497
Individual Certification #WQC006884
Page 9 of 13
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028 .0200; 15A NCAC 02B
.0231
11. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used
along streambanks or within wetlands.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
12. If the project is covered by NPDES Construction Stormwater Permit Number NCGO10000 or
NPDES Construction Stormwater Permit Number NCG250000, full compliance with permit
conditions including the erosion & sedimentation control plan, inspections and maintenance,
self -monitoring, record keeping and reporting requirements is required.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028 .0200; 15A NCAC 02B
.0231
13. All work in or adjacent to streams shall be conducted so that the flowing stream does not come
in contact with the disturbed area. Approved best management practices from the most current
version of the NC Sediment and Erosion Control Manual, or the NC Department of
Transportation Construction and Maintenance Activities Manual, such as sandbags, rock berms,
cofferdams, and other diversion structures shall be used to minimize excavation in flowing
water.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028 .0200
14. Culverts shall be designed and installed in such a manner that the original stream profiles are
not altered and allow for aquatic life movement during low flows. The dimension, pattern, and
profile of the stream above and below a pipe or culvert shall not be modified by widening the
stream channel or by reducing the depth of the stream in connection with the construction
activity. The width, height, and gradient of a proposed culvert shall be such as to pass the
average historical low flow and spring flow without adversely altering flow velocity. If the width
of the culvert is wider than the stream channel, the culvert shall include multiple boxes/pipes,
baffles, benches and/or sills to maintain the natural width of the stream channel. If multiple
culverts/pipes/barrels are used, low flows shall be accommodated in one culvert/pipe and
additional culverts/pipes shall be installed such that they receive only flows above bankfull.
Placement of culverts and other structures in streams shall be below the elevation of the
streambed by one foot for all culverts with a diameter greater than 48 inches, and 20% of the
culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow low flow
passage of water and aquatic life. If the culvert outlet is submerged within a pool or scour hole
and designed to provide for aquatic passage, then culvert burial into the streambed is not
required.
For structures less than 72" in diameter/width, and topographic constraints indicate culvert
slopes of greater than 2.5% culvert burial is not required, provided that all alternative options
for flattening the slope have been investigated and aquatic life movement/connectivity has
been provided when possible (e.g. rock ladders, cross -vanes, sills, baffles etc.). Notification,
including supporting documentation to include a location map of the culvert, culvert profile
North Carolina Department of Environmental Quality I Division of Water Resources
D✓� Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
r�oa1H CARCLIIA
0�ro� mE� .w..W o�.i� 919.791.4200

DocuSign Envelope ID: 2E5B062E-2598-45F1-8CFE-1FE2362CO81A
Cherry Solar
DWR# 20240497
Individual Certification #WQC006884
Page 10 of 13
drawings, and slope calculations, shall be provided to DWR 30 calendar days prior to the
installation of the culvert.
When bedrock is present in culvert locations, culvert burial is not required, provided that there
is sufficient documentation of the presence of bedrock. Notification, including supporting
documentation such as a location map of the culvert, geotechnical reports, photographs, etc.
shall be provided to DWR a minimum of 30 calendar days prior to the installation of the culvert.
If bedrock is discovered during construction, then DWR shall be notified by phone or email
within 24 hours of discovery.
Installation of culverts in wetlands shall ensure continuity of water movement and be designed
to adequately accommodate high water or flood conditions. When roadways, causeways, or
other fill projects are constructed across FEMA-designated floodways or wetlands, openings
such as culverts or bridges shall be provided to maintain the natural hydrology of the system as
well as prevent constriction of the floodway that may result in destabilization of streams or
wetlands.
The establishment of native woody vegetation and other soft stream bank stabilization
techniques shall be used where practicable instead of rip -rap or other bank hardening methods.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
15. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas
and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal,
State and Local regulations. Fertilizer application shall be accomplished in a manner that
minimizes the risk of contact between the fertilizer and surface waters.
Citation: 15A 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 02B .0200, 15A NCAC 02B .0231
16. If concrete is used during construction, then all necessary measures shall be taken to prevent
direct contact between uncured or curing concrete and waters of the state. Water that
inadvertently contacts uncured concrete shall not be discharged to waters of the state.
Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231
17. All proposed and approved temporary fill and culverts shall be removed and the impacted area
shall be returned to natural conditions within 60 calendar days after the temporary impact is no
longer necessary. The impacted areas shall be restored to original grade, including each
stream's original cross -sectional dimensions, planform pattern, and longitudinal bed profile. All
temporarily impacted sites shall be restored and stabilized with native vegetation.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H .0507(c)
18. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams or wetlands
shall be installed as outlined in the most recent edition of the North Carolina Sediment and
Erosion Control Planning and Design Manual or the North Carolina Surface Mining Manual or
the North Carolina Department of Transportation Best Management Practices for Construction
and Maintenance Activities so as not to restrict stream flow or cause dis-equilibrium during use
of this Certification.
North Carolina Department of Environmental Quality I Division of Water Resources
D✓� Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
r�oa1H CARCLIIA
0�ro� mE� .w..W o�.i� 919.791.4200

DocuSign Envelope ID: 2E5B062E-2598-45F1-8CFE-1FE2362CO81A
Cherry Solar
DWR# 20240497
Individual Certification #WQC006884
Page 11 of 13
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
19. Any rip -rap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the approved
construction activity. All rip -rap shall be placed such that the original streambed elevation and
streambank contours are restored and maintained and shall consist of clean rock or masonry
material free of debris or toxic pollutants. Placement of rip -rap or other approved materials
shall not result in de -stabilization of the stream bed or banks upstream or downstream of the
area or be installed in a manner that precludes aquatic life passage.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
20. Any rip -rap used for stream or shoreline stabilization shall be of a size and density to prevent
movement by wave, current action, or stream flows, and shall consist of clean rock or masonry
material free of debris or toxic pollutants. Rip -rap shall not be installed in the streambed except
in specific areas required for velocity control and to ensure structural integrity of bank
stabilization measures.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028 .0201
21. All mechanized equipment operated near surface waters shall be inspected and maintained
regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or
other toxic materials. Construction shall be staged in order to minimize the exposure of
equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and
general equipment maintenance shall be performed in a manner to prevent, to the maximum
extent practicable, contamination of surface waters by fuels and oils.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028 .0200; 15A NCAC 028
.0231
22. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken
to minimize soil disturbance and compaction.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028 .0231
23. In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or
more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill
regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less
than 25 gallons that cannot be cleaned up within 24 hours.
Citation: 15A NCAC 02H .0507(c); N.C.G.S 143-215.85(b)
24. The permittee and their authorized agents shall conduct all activities in a manner consistent
with State water quality standards (including any requirements resulting from compliance with
§303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal
Law.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
North Carolina Department of Environmental Quality I Division of Water Resources
D✓� Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
r�oa1H caaou�n 919.791.4200

DocuSign Envelope ID: 2E5B062E-2598-45F1-8CFE-1FE2362CO81A
Cherry Solar
DWR# 20240497
Individual Certification #WQC006884
Page 12 of 13
25. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this certification in the construction and maintenance of this project, and shall
provide each of its contractors and/or agents associated with the construction or maintenance
of this project with a copy of this Water Quality Certification. A copy of this Water Quality
Certification shall be available at the project site during the construction and maintenance of
this project.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in
your application shall expire upon expiration of the 404 permit. The conditions in effect on the date of
issuance shall remain in effect for the life of the project, regardless of the expiration date of this
Certification. [15A NCAC 02H .0507(c)]
This, the 12th day of June 2024
EA
ppDocuSigned by:
t tW
372DCBCB61 EE4A8...
Michael Hall
Regional Supervisor, Raleigh Regional Office
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
North Carolina Department of Environmental Quality I Division of Water Resources
D✓� Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
r�oa1H CARCLIIA
0�ro —m E� .w..W o�.i� 919.791.4200

DocuSign Envelope ID: 2E5B062E-2598-45F1-8CFE-1FE2362CO81A
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
COMPENSATORY MITIGATION RESPONSIBILITY TRANSFER FORM
June 12, 2024
Permittee: Derek Ivie and Cherry Solar, LLC DWR Project #20240497
Project Name: Cherry Solar
County: Northampton
The Division has received a Statement of Availability (SOA) from The Great Dismal Swamp Restoration
Bank, LLC for the Timberlake Mitigation Bank —Timberlake Farm Site (Mitigation Provider) to satisfy the
mitigation requirements set forth in 401 Individual Certification No. WQC006884 issued to Derek Ivie
and Cherry Solar, LLC, dated June 10, 2024, as provided in the table below.
Compensatory Mitigation
River and 8-digit HUC Number
Riparian Wetland
0.514 acres (credits)
Roanoke River Basin / 03010204
Non -Riparian Wetland
0.184 acres (credits)
Roanoke River Basin / 03010204
The Permittee must provide a copy of this form to the Mitigation Provider specified above who will then
sign the form to verify receipt of payment and the transfer of the mitigation responsibility. Once the
Mitigation Provider has signed this form, it is the Permittee's responsibility to ensure that a signed copy
of this form is submitted to the Division before conducting any of the authorized impacts.
The Mitigation Provider verifies that the mitigation requirements (credits) shown above, have been
released and are available at the identified bank site(s). By signing below, the Mitigation Provider is
accepting full responsibility for the identified mitigation. As a reminder to the Mitigation Provider, no
more than 25 percent of the total mitigation required by Division can be met through preservation,
unless requested and approved by the Division Director (15A NCAC 02H. 0506(c)(7)).
Signature Authority Name (print):
Signature:
Date:
R North Carolina Department of Environmental Quality I Division of Water Resources
41/
D EQ Raleigh Regional Office I 3800 Barrett Drive I Raleigh, North Carolina 27609
oerenmemoii�.�o�memeio�er` /"� 919.791.4200