Loading...
HomeMy WebLinkAbout20150832 Ver 2_Approval Letter_20160610 PAT MCCRORY cuver,ror 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 D DO so G 1 -1 SCALE I STRATA 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. o �. A.R.S. BORE PIT — — — --- — _ / i9�� g D 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 k W z> JURISDICTIONAL BUT SHALL NOT EXCEED 10 FT., j 3 a J 0 N m YJ oc m ,,,4— WETLANDS N J Z _0 F (EXCEPT WHERE NOTED). 63'f (TYP.) a i i )I PERMANENT WETLAND IMPACT I LIM)TS OF � � -> Q -> DISTRUBANCE ->0.059 a r- AC FOR PERMANENT (TYP) w DRI)IEWAY AREA. j QI 1 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. a 0 m 4c W � 4c `L3mz J CL Ic W W z> v51, z a J 0 N m YJ oc m CL V M u Lu W M N J Z _0 F H juj cd i cc LL Z a o 0 w N 0 ocw J O Cc Q Q N n a 2;2 a r- 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. EXHIBIT 1