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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 WiRO 58J NON—JURISDICTIONAL 58 / DITCH (TYP) 587 firma h q 1L ,58 sa / /L-58 \ L 58 11 h�/I ja ��~1 5 a'1 1-58— \ 1>.d D JURISDICTIONAL DITCH (1YP g PROPOSED CULVERT— SEE EXHIBIT #1 8\\ \ \ JURISDICTIONAL \� WETLANDS (TYP) JURISDICTIONAL DITCH IMPACT: ID DISTURBANCE DURATION AMOUNT PROPOSED L AMOUNT PROPOSED S AMOUNT REMARKS PROPOSED AC DI#1 Permanent 65 \�-60\ 0.0090 Exhba#I Temporary 12 72 0.0017 TOTAL DITCH Permanent 65 390 0.0090 IMPACT: Temporary 12 72 0.0017 h 58 DITCH IMPACT 0 TO BURGAW VICINITY MAP SCALE: N.T.S. LEGEND: TO WALLACE To JURISDICTIONAL DITCH — w e w NON—JURISDICTIONAL DITCH .......... = t PROJECT LIMITS (APROX.) / \ JURISDICTIONAL WETLANDS � J \ ' _ 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 DI#1 Permanent 65 390 0.0090 Exhba#I Temporary 12 72 0.0017 TOTAL DITCH Permanent 65 390 0.0090 IMPACT: Temporary 12 72 0.0017 OVERALL SITE PLAN SCALE: 1" = 300' zz r. Hanuuha Q CELLS Weao� e HANWHA Q CELLS USA CORP. 0 leo aoo 300 SPECTRUM CENTER DRIVE, STE. 1250 IRVINE,92618 949-748-5996 caertac scnra www.hanwha-qcells.com �Z��OF ESS O2'Y •,� i a SEAL 036849 0 w V) W z N - W = Ic 0 a°ca30� GIT WcZ JU LL lcyD 44 LLI W0 > d o ooyps n In ujW � m U x/41 w a U (n a 0 z BALLENTINE 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 '•�'----- -+� !! 1 intake hose a' 1 Yflow - 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 L--- -- -3- tv, L I' D.9 m $ A'^'- stone outlet structure SECTION A -A 1.5 ft WAS m) 2:1 (H.V)�u flow �iYrzn �, ` filter fabric 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, �� .v;t—-fes'• �1 biw minimum 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 2;�pF Oy9,9 = a SEAL _ 036849 = FyGIN£E�'�Z�� i9 0 W Wm to w - W = CC M 0 Q 0 0 LLIVW O � Z 0 11111C j �"- U0 � W y p s ul cc Y+ W � rn O a z - Q x O z Z s U� BALLENTINE ASSOCIATE4 PA = FROVIODU ROAD. 041 MIL, N.C. =14 (MO) M - OM1 (09) MI - 4M 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 I IN Fear ) www.hanwha—gcells.com SOIL DRIVE `=O • FESS/O :a-0 ti9'9? 81 TEMPORARY IMPACTS = a SEAL r DITCH TOP OF — BANK (TYP.) FG LEV. SF SFT 8.9 �� b@ 5352—T� =7B€ 0 - -SOL—.56 SF SF — -57 — 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 I IN Fear ) www.hanwha—gcells.com `=O • FESS/O :a-0 ti9'9? y% = a SEAL r • — 036649 IN ti/ON R115��`\\� 0 IRER_ w m Z N w WF O cca30 0 LL. u j Z LL CC cc 4c cc z w WQ��0" m y 0 FREE • m wa U NW" N rn — z 0 Z 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