20170400 Ver 1_Approval Letter_20170427

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Water Resources
Environmental Quality
April 27, 2017
SunEnergy 1, LLC
Attn: Ms. Lindsey Hesch
6750 NC Hwy 30 E
Bethel, NC 27812
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. JAY ZIMMERMAN
Director
DWR # 2017-0400
MARTIN County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
MILL POND SOLAR
Dear Ms. Hesch:
You have our approval for the impacts listed below for the purpose described in your application dated
February 21, 2017 and received by the Division of Water Resources (Division) on March 17, 2017. These
impacts are covered by the attached Water Quality General Certification Number4088 and the conditions
listed below. This certification is associated with the use of Nationwide Permit Number 14 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 Approved Plan location/
Approved (units)
(units) Reference
Permanent
Temporary Attached
Stream
W1 (Culvert) 0.03 (acres)
0.02 (acres) Sheet No. EX1.0
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)]
State of North Carolina I Environmental Quality I Water Resources -Water Quality Regional Operations Section -Washington Regional Office
943 Washington Square Mall, Washington, North Carolina 27889
252-946-6481

MILL POND SOLAR
D W R# 2017-0400
401APPROVAL
Page 2 of 3
3. Water Quality Certification
The proposed project must comply with all the conditions of the General Water Quality
Certification(s) 4088. [15A NCAC 02B .0507(c)]
4. Within 60 days of completion of construction, as -built drawings (which can be shown on
an aerial or done as a survey) shall be submitted to both the Division of Water Quality,
401 & Buffer Permitting Unit, 1617 Mail Service Center, Raleigh NC 27699-1617 and to
the Washington Regional Office. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2)
and (c)(2)]
5. This approval and their conditions are final and binding unless contested. [G.S. 143-215.5]
6. 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)]
These Certifications can be contested as provided in Articles 3 and 4 of General Statute 1508 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 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:OOam and S:OOpm, 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 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:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center

MILL POND SOLAR
DWR# 2017-0400
401APPROVAL
Page 3 of 3
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 [e-mail] if you have any
questions or concerns.
Sincerely,
U4 —
Robert Tankard, AssYistat Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
Enclosures: GC 4088
Certification of Completion
cc: Kyle Barnes, USACE Washington Regulatory Field Office (via email)
Samir Dumpor, DEMLR WaRO
DWR WaRO 401 File
Laserfiche
Matt Ingalls, Hart and Hickman, PC (via email: [e-mail])