20160447 Ver 1_Approval Letter_20160518

Water Resources
ENVIRONMENTAL QUALITY
May 18, 2016
BayWa r.e. Solar Projects, LLC
Attn: Patrick Brown
17901 Von Karman Ave., Ste. 1050
Irvine, CA 92614
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Director
DWR #16-0447
Halifax County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Cork Oak Property
Dear Mr. Brown:
You have our approval for the impacts listed below for the purpose described in your
application dated March 21, 2016 and received by the Division of Water Resources (Division) on
May 5, 2016. These impacts are covered by the attached Water Quality General Certification
Number 3884 and the conditions listed below. This certification is associated with the use of
Nationwide Permit Number 12 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 and the
following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification are met. No other impacts are approved, including
incidental impacts. [15A NCAC 02B .0506(b)(c)j
Type of Impact
Amount Approved
Amount Approved
(units)
(units)
Permanent
Temporary
Wetland
0.27 (acres)
0.25 (acres)
Stream
26 (linear feet)
0 (linear feet)
Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section http://portal.ncdenr.org/web/wq/aps
1628 Mail Service Center, Raleigh, NC 27699-1628 Phone: [phone]
Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: [phone]

Cork Oak
DWR# 16-0447
401 APPROVAL
Page 2 of 4
2. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre -Construction Notification. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, statutes, or rules occur. [15A NCAC 02H .0501
and .0502]
3. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within
these boundaries approved under this authorization shall be clearly marked with orange
warning fencing (or similar high visibility material) for the areas that have been approved to
infringe within the buffer, wetland or water prior to any land disturbing activities to ensure
compliance with 15 NCAC 02H .0500. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC
02H .0507 (c)]
4. 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. 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 and is responsible for
complying with all conditions. [15A NCAC 02B .0507(d)(2)]
5. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certification 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). A petition form may be obtained from the OAH at
http://www.ncoah.com/ or by calling the OAH Clerk's Office at [phone] for information.
Within thirty (30) 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 8:00am and 5:00pm, excluding official state holidays).
The petition may be faxed to the OAH at [phone], 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 by First Class Mail If sending via delivery service

via the US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
(e.g. UPS, FedEx):
Office of Administrative Hearings
1711 New Hope Church Road
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
Please send one (1) copy of the petition to DWR:
If sending by First Class Mail
via the US Postal Service:
Karen Higgins
NC DENR-DWR — 401 & Buffer
Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
If sending via delivery service
(e.g. UPS, FedEx):
Karen Higgins
NC DEN R-DWR — 401 & Buffer
Permitting Unit
512 N. Salisbury Street
Raleigh, NC 27604
Cork Oak
DWR# 16-0447
401 APPROVAL
Page 3 of 4
This letter completes the review of the Division under section 401 of the Clean Water Act.
Please contact Cherri Smith at 919-791-4251 or [e-mail] if you have any
questions or concerns.
Sinc' erely,
Danny Smit
Supervisor, Water Quality Regional Operations Section
Enclosure: GC 3884
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade
Drive, Ste. 105; Wake Forest, NC 27597
Brandon Searcey; Timmons Group; 1001 Boulders Pkwy., Ste. 300; Richmond, VA 23225

Cork Oak
DWR# 16-0447
401 APPROVAL
Page 4 of 4
DWR RRO 401 file
DWR 401 & Buffer Permitting Unit