HomeMy WebLinkAbout20160496 Ver 1_Approval Letter_20160603Water Resources
ENVIRONMENTAL QUALITY
Bearford, LLC
Attn:John Cooper
PO Box 398
Rose Hill, NC 28458
Hanwah Q Cells EPC USA, LLC
Attn: Steve Joslin
300 Spectrum Center Drive
Suite 1250
Irvine, California 92618
PAT MCCRORY
Gorernm
DONALD R. VAN DER VAART
Seerelmy
S. JAY ZIMMERMAN
June 3, 2016 Dneemr
DWR Project # 20160496
Pender County
Subject Property: Bearford II Solar Farm, Burgaw
Approval of 401 Water Quality Certification with Additional Conditions
Dear Messrs. Cooper and Joslin:
You have our approval, in accordance with the attached conditions and those listed below to
permanently fill 0.001 acres (390 sf) of open waters and temporarily impact 0.002 acres (72 sf) of open
waters to access uplands, as described in your Pre construction application (PCN) dated May 13, 2016
and received by the Division of Water Resources (Division) on May 16, 2016. These impacts are covered
by the enclosed General Water Quality Certification Number 3886 (GC 3886) and additional conditions
listed below. This Certification allows you to use the 404 Nationwide 14 permit 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.
If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of
stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval
requires you to follow the conditions listed in the enclosed certification or general permit and the
following additional conditions:
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions
of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including
incidental impacts:
State of North Carolina I Department of Environmental Quality I Division of Water Resources
127 Cardinal Drive Ext., Wilmington, NC 28405
919 796 7215
Bearford, LLC
Attn: John Cooper and
Hanwah QCells EPC USA, LLC
Attn: Steve Joslin
DWR Permit # 20160496
June 3, 2016
Page 2 of 5
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. 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 General Certification and is responsible for complying with all
conditions. Any new owner must notify the Division and request the Certification be issued in their
name {15A NCAC 02H .0501 and .05021.
3. This General Certification shall expire on the same day as the expiration date of the corresponding
General Permit. The conditions in effect on the date of issuance of the Certification for a specific
project shall remain in effect for the life of the project, regardless of the expiration of this
Certification.
4. The applicant/permitee 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. If the Division determines that such standards or laws are not being met, including failure to
sustain a designated or achieved use, or that State or Federal law is being violated, or that further
conditions are necessary to assure compliance, than the Division may reevaluate and modify this
General Water Resources Certification.
5. Any final construction plans for this project must include or reference the application and plans
approved by the Division under this authorization letter and certification. The applicant will also be
required to evaluate all acquired permits to assure that they are consistent and all relative impacts
are accounted for and shown on the construction plans. [15A NCAC 02H .0502 (b) and 15A NCAC
02H .0506 (4)]
6. Culvert Installation
All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP
measures from the most current version of NCDOT Construction and Maintenance Activities
manual (http://www.ncdot.org/doh/operations/BMP manual/download/BMP Manual.pdf) such
as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent
excavation in flowing water.
Amount Approved (Units)
Plan Location or Reference
Open Waters/Shallow Bottom
01
Permanent Temporary
0.001 ac (390 sf) 0.002 ac (72 sf)
Overall Site Plan, Exhibit 1 and
Exhibit 2 (attached)
Stream
N/A
404/401 wetlands (filled)
N/A
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. 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 General Certification and is responsible for complying with all
conditions. Any new owner must notify the Division and request the Certification be issued in their
name {15A NCAC 02H .0501 and .05021.
3. This General Certification shall expire on the same day as the expiration date of the corresponding
General Permit. The conditions in effect on the date of issuance of the Certification for a specific
project shall remain in effect for the life of the project, regardless of the expiration of this
Certification.
4. The applicant/permitee 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. If the Division determines that such standards or laws are not being met, including failure to
sustain a designated or achieved use, or that State or Federal law is being violated, or that further
conditions are necessary to assure compliance, than the Division may reevaluate and modify this
General Water Resources Certification.
5. Any final construction plans for this project must include or reference the application and plans
approved by the Division under this authorization letter and certification. The applicant will also be
required to evaluate all acquired permits to assure that they are consistent and all relative impacts
are accounted for and shown on the construction plans. [15A NCAC 02H .0502 (b) and 15A NCAC
02H .0506 (4)]
6. Culvert Installation
All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP
measures from the most current version of NCDOT Construction and Maintenance Activities
manual (http://www.ncdot.org/doh/operations/BMP manual/download/BMP Manual.pdf) such
as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent
excavation in flowing water.
Bearford, LLC
Attn: John Cooper and
Hanwah QCells EPC USA, LLC
Attn: Steve Joslin
DWR Permit # 20160496
June 3, 2016
Page 3 of 5
Design and placement of the culvert and other structures shall be installed in such a manner that
the original stream profiles are not altered (i.e., the depth of the channel must not be reduced by a
widening of the streambed). Existing stream dimensions (including pattern and profile) are to be
maintained above and below locations of each culvert. The structures shall be designed and
installed to allow for fish and other wildlife movement as well as prevent headcutting of the
stream. The applicant may be required to provide evidence that the equilibrium has been
maintained if requested in writing by the NCDWR. [15A NCAC 02H.0506(b)(2)]
8. All temporary impacted areas will be restored to pre -construction natural conditions upon
completion of the project. Native vegetation shall be used for wetland and stream bank
stabilization. [15A NCAC 02H.0506 (b)(2) and (c)(2)]
9. 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 down stream 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. [15A NCAC 02H.0506(b)(2)]
10. Natural fiber matting is recommended for bank stabilization over plastic matting that can entrap
small animals. [15A NCAC 02H .0506(b)(2)]
11. All mechanized equipment operated near surface waters or wetlands will be regularly inspected and
maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids
or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the
permitee/contractor shall immediately contact the Division of Water Quality, between the hours of
8 am to 5 pm at the Wilmington Regional Office at 910.796.7315 and after hours and on weekends
call (800) 858-0368. Management of such spills shall comply with provisions of the North Carolina
Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A
NCAC 02B.0200 (3)(f), and GS 143 Article 21A]
12. Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a
waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3) and
(c)(3) and 15A NCAC 0213 .0200 (3)(f)]
13. Any additional impacts to streams and/or wetlands as a result of future roads, buildings, driveways,
utility lines or other development related activities within this project area will require a
modification of this 401 Water Quality Certification approval. [15A NCAC 02H .0506(4) and 15A
NCAC 02H.0501 and .0502]
Bearford, LLC
Attn:John Cooper and
Hanwah QCells EPC USA, LLC
Attn: Steve Joslin
DWR Permit # 20160496
June 3, 2016
Page 4 of 5
14. This certification grants permission to the director, an authorized representative of the Director, or
DEQ staff, upon the presentation of proper credentials, to enter the property during normal
business hours 15A NCAC 02H.0502(e).
15. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant and/or authorized agent is required
to return a copy of the certificate of completion Form to the DWR 401 and Buffers Unit within ten
days of project completion (available at:
http://porta I. ncden r.ora/web/wq/swp/ws/401/certsa ndperm its/apply/forms).
Violations of any condition herein set forth may result in revocation of this Certification and may
result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to
conduct impacts to waters as depicted in your application and as authorized by this Certification shall
expire upon expiration of the 404 or CAMA Permit.
This approval and its conditions are final and binding unless contested.
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 (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 8:00 am and 5:00 pm,
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 DEQ+:
Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
Bearford, LLC
Attn: John Cooper and
Hanwah QCells EPC USA, LLC
Attn: Steve Joslin
DWR Permit # 20160496
June 3, 2016
Page 5 of 5
This letter completes the review of the Division of Water Resources under Section 401 of the Clean
Water Act. If you have any questions, please contact Jennifer Burdette in the Central Office in Raleigh at
919.807.6364 or Jennifer.Burdette@ncdenr.govJoanne Steenhuis in the DWR Wilmington Regional
Office at 910.796.7306 or Joanne.Steenhuis@ncdenr.sov. .
Sincerely,
Jim on, \}1-_
Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Enclosure: GC3886
cc: Bradley Luckey— Pilot Environmental Inc. — electroniccopy
Emily Greer - USACE Wilmington Regulatory Field Office —electronic copy
Jennifer Burdette - DWQ 401 Unit
Heather Coats - DCM Wilmington — electronic copy
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ID
DISTURBANCE
DURATION
AMOUNT
PROPOSED L
AMOUNT
PROPOSED S
AMOUNT REMARKS
PROPOSED AC
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12
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TO BURGAW
VICINITY MAP
SCALE: N.T.S.
LEGEND:
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BEARFORD II SOLAR GENERATION STATION PROJECT
TOTAL WATERS OF THE US IMPACT SUMMARY:
JURISDICTIONAL DITCH IMPACT:
ID
DISTURBANCE
DURATION
AMOUNT
PROPOSED L
AMOUNT
PROPOSED S
AMOUNT REMARKS
PROPOSED AC
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65
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0.0090 Exhba#I
Temporary
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Permanent
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Temporary
12
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OVERALL SITE PLAN
SCALE: 1" = 300'
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ASSOCIATES PA
291 PROMMM ROM, MAM MRI. KC. 27674
(919) 929 -0161 (919) 489 - 4789
SCALE: AS NOTED
DATE: 15 APR 16
JOB NUMBER: 116005.04
DRAWN BY: J.C.O.
REVIEWED BY: S.M.R.
OVERALL
SITE PLAN
PLAN VIEW
approved
dewatering device
stream
diversion pumps
discharge hoses -�y - .,._ I v
intake
dewatering pump hose
I A A `
flow
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-
sediment dike -f
pumps should discharge
onto a stable velocity
dissipator made of rip rap
or sandbags
clean water dike ---/
work area
length notto exceed
thatwhich can be
completed In one day
SECTION A—A
-
sump -hole
or pool
(12' to 18" deep
2' dia.)
impervious sheeting
bass flow + 1 foot
work area - (2 foot minimum)
40 R.n
cross section of sandbag dike
PUMP AROUND DETAIL
NOTES:
1. PUMP AROUND DIKES SHALL NOT BE SET OUTSIDE OF THE DISTUREBEDnMPACT
LIMITS SHOWN ON THE PLANS,
2. INSTALL PUMP -AROUND DIVERISON. AND DEWATER THE CONSTRUCTION ZONE
THROUGH THE DEWATERING DEVICE. THE CONTRACTOR SHALL STAGE THE LIMITS OF
THE PUMP -AROUND FLOW DIVERSION TO DEWATER ONLY THAT SECTION SCHEDULED
FOR THAT DAY'S WORK. AT THE END OF EACH WORK DAY, THE WORK AREA SHALL BE
STABILIZED, THE PUMP AROUND PRACTICE REMOVED, AND THE FLOW RESTORED TO
THE CHANNEL. WORK SHALL BE COMPLETED ONLY DURING FORECAST PERIODS OF
DRY WEATHER.
PLAN VIEW
straw bale dike orberm 1.5 ft
6 -ft (1.8-m) (0.45 m)
minimum --
I
6 -ft (Y.8 -m) i
minimum
8 A
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SECTION A -A
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4 to 6 i (10 to y`
15 cm) riprap
SECPION B -B
2 to 3 -ft (0.6 to 0..9-m)
rebar or stakes for
straw bales
6 inches
(15 cm)
r,
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Yr i
minimum depth
DEWATERING BASIN DETAIL
DITCH RESTORATION NOTES:
1. RESTORE ANY TEMPORARY DISTURBANCE
TO THE DITCH TO ITS PRE -CONSTRUCTION
STATE.
2. PLANTS USED IN THE RESTORATION SHALL
BE OF A NATIVE SPECIES SIMILAR TO THE
PLANTS SURROUNDING THE DISTURBED
AREA.
_j Hanwhla Q CELLS
HANWHA Q CELLS USA CORP.
300 SPECTRUM CENTER DRIVE, STE. 1250
IRVINE, CA 92618
949-748-5996
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SCALE: AS NOTED
DATE: 15 APR 16
JOB NUMBER: 116005.04
DRAWN BY: J.C.O.
REVIEWED BY: S.M.R.
EXHIBIT
2
TO
SITE
H
BURGAW
TO WALLACE
[to]
VICINITY MAP
SCALE: N.T.S.
FINISHED 12" MIN COVER
GRADE
EXISTING
GRADE
TOE OF BANK
PROPOSED 24'
i.
�—TEMPORARY IMPACTS
v :•��PROPOSED
56.9
HDPE 1— TEMPORARY COFFER DAM
WITH-PUMP"AROUND
!� (SEE EXHIBIT #2)
JURISDICTIONAL DITCH
�APPROXIMATELY 6' WIDE
CULVERT TO BE PLACED --f
6" BELOW THE EXISTING
DITCH ELEVATION.
CROSSING SECTION A -A
SCALE: N.T.S.
NOTES:
1. JURISDICTIONAL DITCH DELINEATION PROVIDED BY PILOT ENVIRONMENTAL, INC.
2. DISTURBANCE AT THE JURISDICTIONAL DITCH CROSSING SHALL BE MINIMIZED TO
THE EXTENT PRACTICABLE FOR INSTALLATION OF THE CULVERT.
3. ALL CONSTRUCTION SHALL BE CONDUCTED IN ACCORDANCE WITH NCDENR
STANDARDS.
4. ALL TEMPORARY EROSION CONTROL MEASURES SHALL BE MAINTAINED IN
PROPER WORKING CONDITION THROUGHOUT CONSTRUCTION.
5. INSTALL TEMPORARY SILT FENCE STONE OUTLETS AT LOW POINTS IN SILT FENCE
AS NECESSARY.
6. ADDITIONAL EROSION CONTROL MEASURES AND/OR MODIFICATIONS TO PROPOSED
MEASURES MAY BE NECESSARY BASED UPON ACTUAL SITE CONDITIONS.
�sr -- SF !
s� KEY RIPRAP APRON INTO STREA
�—
-57-BED- TO MATCFLEXISTING GRADE. yF
Cl ASS A 121 )C -8'W x-WTHICK.
— PERMANENT JURISDICTIONAL DITCH
DISTURBANCE (SHADED AREA)
PROPOSED 24" -HDPE CULVERT 53.5
LF ® ±0.5% WITH INVERTS
PLACED 6 BELOW EXISTING GRADE — — —
(INCLUDING FLARED END SECTIONS)
JURISDICTIONAL DITCH IMPACT DISTURBANCE
SCALE: 1" = 20'
JURISDICTIONAL DITCH IMPACT SUMMARY:
. IIIn IC9M��Tiid:r•IF3�7i�h31
AREA OF JURISDICTIONAL DITCH DISTURBED (STREAM f6' WIDE)
PERMANENT = 390 SF. (0.009 AC.)
TEMPORARY = 72.0 SF. (0.0017 AC.)
Hanwha Q CELLS
HANWHA Q CELLS USA CORP.
o 10 2o 300 SPECTRUM CENTER DRIVE, STE. 1250
IRVINE, CA 92618
cxnawc stets 949-748-5996
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SF SF
— -57 —
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�—TEMPORARY IMPACTS
v :•��PROPOSED
56.9
HDPE 1— TEMPORARY COFFER DAM
WITH-PUMP"AROUND
!� (SEE EXHIBIT #2)
JURISDICTIONAL DITCH
�APPROXIMATELY 6' WIDE
CULVERT TO BE PLACED --f
6" BELOW THE EXISTING
DITCH ELEVATION.
CROSSING SECTION A -A
SCALE: N.T.S.
NOTES:
1. JURISDICTIONAL DITCH DELINEATION PROVIDED BY PILOT ENVIRONMENTAL, INC.
2. DISTURBANCE AT THE JURISDICTIONAL DITCH CROSSING SHALL BE MINIMIZED TO
THE EXTENT PRACTICABLE FOR INSTALLATION OF THE CULVERT.
3. ALL CONSTRUCTION SHALL BE CONDUCTED IN ACCORDANCE WITH NCDENR
STANDARDS.
4. ALL TEMPORARY EROSION CONTROL MEASURES SHALL BE MAINTAINED IN
PROPER WORKING CONDITION THROUGHOUT CONSTRUCTION.
5. INSTALL TEMPORARY SILT FENCE STONE OUTLETS AT LOW POINTS IN SILT FENCE
AS NECESSARY.
6. ADDITIONAL EROSION CONTROL MEASURES AND/OR MODIFICATIONS TO PROPOSED
MEASURES MAY BE NECESSARY BASED UPON ACTUAL SITE CONDITIONS.
�sr -- SF !
s� KEY RIPRAP APRON INTO STREA
�—
-57-BED- TO MATCFLEXISTING GRADE. yF
Cl ASS A 121 )C -8'W x-WTHICK.
— PERMANENT JURISDICTIONAL DITCH
DISTURBANCE (SHADED AREA)
PROPOSED 24" -HDPE CULVERT 53.5
LF ® ±0.5% WITH INVERTS
PLACED 6 BELOW EXISTING GRADE — — —
(INCLUDING FLARED END SECTIONS)
JURISDICTIONAL DITCH IMPACT DISTURBANCE
SCALE: 1" = 20'
JURISDICTIONAL DITCH IMPACT SUMMARY:
. IIIn IC9M��Tiid:r•IF3�7i�h31
AREA OF JURISDICTIONAL DITCH DISTURBED (STREAM f6' WIDE)
PERMANENT = 390 SF. (0.009 AC.)
TEMPORARY = 72.0 SF. (0.0017 AC.)
Hanwha Q CELLS
HANWHA Q CELLS USA CORP.
o 10 2o 300 SPECTRUM CENTER DRIVE, STE. 1250
IRVINE, CA 92618
cxnawc stets 949-748-5996
I IN Fear ) www.hanwha—gcells.com
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13ALLENTINE
ASSOCIATES, PA
221 PROVMM ROAD, CHAPEL HAL, H.C. 27514
(919) 929 - OA91 (919) M - 470
SCALE: AS NOTED
DATE: 15 APR 16
JOB NUMBER: 116005.04
DRAWN BY: J.C.O.
REVIEWED BY. S.M.R.
EXHIBIT