HomeMy WebLinkAbout20150832 Ver 2_Approval Letter_20160610 PAT MCCRORY
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DONALD R. VAN DER VAART
.Sec reran•
Water Resources S. JAY ZIMMERMAN
ENVIRONMENTAL QUALITY
June 10, 2016
DWR#15-0830 V2
Pitt County
Beaker Farm, LLC
Attn: Mr.Jackson Naftal
50101 Governors Drive,Suite 280
Chapel Hills, NC 27517
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Beaker Solar Farm
Dear Mr. Naftal:
You have our approval for the impacts listed below for the purpose described in your application dated
May 27, 2016 and received by the Division of Water Resources(Division) on June 1, 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(s)or general
permit 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)]]
Type of Impact Amount Amount Plan location/Reference
Approved Approved Attached
(units) (units)
Permanent Temporary
Wetlands
W1 (Fill for Maintenance 0.06(acres) 0 (acres) Beaker Solar Farm Solar
Access Road) Electric Power Plant
W2 (Hand Clearing for 0 (acres) 0.11 (acres) Jurisdictional Disturbance
Maintenance Access) Exhibit
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
State of North Carolina Environmental Quality!Water Resources-Water Quality Regional Operations-Washington Regional Office
943 Washington Square Mail,Washington,NC 27889
252-946-6481
BEAKER FARM, LLC
ATTN: MR.JACKSON NAFTAL
DWR# 15-0830 V2
401 APPROVAL
Page 2 of 4
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)]
3. If any erosion problems are observed in the surface waters downslope of the stormwater
discharge points, then you shall immediately repair and correct the problem and prevent
further damage and sediment discharge to the receiving surface waters. Please be aware
that these repairs may require you to obtain a 404 Permit from the Corps and a 401
Certification from the Division. [15A NCAC 02H .0506(b)(5)]
4. Water Quality Certification
The proposed project must comply with all the conditions of the General Water Quality
Certification(s) 3884. [15A NCAC 028 .0507(c)]
5. The turbidity standard of 50 NTUs(Nephelometric Turbidity Units) shall not be exceeded
as described in 15A NCAC 02B .0211 (k). Appropriate sediment and erosion control
practices must be used to meet this standard. [i5A NCAC 02B .0211(k))
Continuing Compliance
6. 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 02B.0200(3)(f)]
7. 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 Washington Regional
Office at 252.946.6481 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), i5A NCAC
02B .0200(3)(f),and GS 143 Article 21A]
Other Conditions
8. Re Opener Clause
The Beaker Farm, LLC and their authorized agents shall conduct their activities in a
manner consistent with State water quality standards (including any requirements
resulting from compliance with section 303(d) of the Clean Water Act) and any other
appropriate requirements of State law and federal law. Beaker Farm, LLC shall require
their contractors(and/or agents)to comply with all of the terms of this Certification,and
shall provide each of their contractors(and/or agents)a copy of this Certification. A copy
BEAKER FARM, LLC
ATTN: MR.JACKSON NAFTAL
DWR#15-0830 V2
401 APPROVAL
Page 4 of 4
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 DENR:
Sam H. Hayes,General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division under section 401 of the Clean Water Rules. Please
contact Anthony Scarbraugh at 252-948-3924 or anthonv.scarbraugh@ncdenr.2ov if you have any
questions or concerns.
Sincerely,l
in �
I�rLi
Robert Tankard,Assista t Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
Enclosures: GC 3884
Certification of Completion
cc: Kyle Barnes, USACE Washington Regulatory Field Office(via email)
Samir Dumpor, DEMLR WaRO
Laserfiche
File
James Thom,8721 Davishire Drive, Raleigh, NC 27612
Bradley S. Luckey, Pilot Environmental, Inc. (email: bluckey@pilotenviro.com)
TO
FARMVILLE
VICINITY MAP
SCALE: N.T.S.
WE(LANDIBUFFER
APPROVED
NORTH CAROLINA ENVIRONMENTAL
MANAGEMENT COMMISSION
DIVISION OF WATER RESOURCES
RrmDATE� �Lk
peit No. �----
PROPOSED TREE -
PROPOSED DIRECTIONAL \ PROTECTION FENCING
BORE PIT (TYP)
NON JURISDICTION
DITCH (TYP.)
SURVEYED WETLAND
BOUNDARY (TYP.)
EXISTING TREE LINE
(TYP.)
1. JURISDICTIONAL WETLANDS DELINEATION PROVIDED BY PILOT ENVIRONMENTAL,
INC. DATED SEPTEMBER 3, 2015.
2. DISTURBANCE AT THE JURISDICTIONAL WETLANDS SHALL BE MINIMIZED TO THE
EXTENT PRACTICABLE FOR INSTALLATION OF THE UTILITY EASEMENT.
3. ALL CONSTRUCTION SHALL BE CONDUCTED IN ACCORDANCE WITH NCDEQ
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.
AnnrnnMAI conclnN rnNTROI MEASURES AND/OR MODIFICATIONS TO PROPOSED
JURISDICTIONAL WETLANDS IMPACT SUMMARY:
NC CRlD
NAD 83
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SOLARLL[
50101 Governors Drive Ste. 280
Chapel Hill, NC 27517
919-960-6015
AS NOTED
DATE:
IXCCC� pj
JOB NUMBER:
112006.93
PROPOSED DIRECTIONAL
H.E.
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A.R.S.
BORE PIT
— — — ---
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PROPOSED ACCESS AND
PROPOSED DIRECTIONAL
TEMPORARY WETLANDS IMPACT
UTILITY EASEMENT (TYP.)
BORE PATH (TYP.)
0.112 AC FOR HAND CLEARING' - --'
WITHIN WETLAND AREA. DISTURBANCE
—
—
WIDTH VARIES BASED ON VEGETATION
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BUT SHALL NOT EXCEED 10 FT., j
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JURISDICTIONAL WETLANDS
IMPACT DISTURBANCE
SCALE: 1" = 60'
1. JURISDICTIONAL WETLANDS DELINEATION PROVIDED BY PILOT ENVIRONMENTAL,
INC. DATED SEPTEMBER 3, 2015.
2. DISTURBANCE AT THE JURISDICTIONAL WETLANDS SHALL BE MINIMIZED TO THE
EXTENT PRACTICABLE FOR INSTALLATION OF THE UTILITY EASEMENT.
3. ALL CONSTRUCTION SHALL BE CONDUCTED IN ACCORDANCE WITH NCDEQ
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.
AnnrnnMAI conclnN rnNTROI MEASURES AND/OR MODIFICATIONS TO PROPOSED
JURISDICTIONAL WETLANDS IMPACT SUMMARY:
NC CRlD
NAD 83
D DO so
G 1 -1 SCALE
I
STRATA
SOLARLL[
50101 Governors Drive Ste. 280
Chapel Hill, NC 27517
919-960-6015
BALLENTINE
ASSOCIATES, PA
111 reawnl¢ ROAD. Q HL. HA M14
(m) m - ow (h0) neo - 4m
SCALE:
AS NOTED
DATE:
25 MAY 16
JOB NUMBER:
112006.93
DRAWN BY:
H.E.
REVIEWED BY:
A.R.S.
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111 reawnl¢ ROAD. Q HL. HA M14
(m) m - ow (h0) neo - 4m
SCALE:
AS NOTED
DATE:
25 MAY 16
JOB NUMBER:
112006.93
DRAWN BY:
H.E.
REVIEWED BY:
A.R.S.
EXHIBIT
1