20190651 Ver 1_Revised Approval Letter_20190712

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
Bay Tree Solar, LLC
Attn: Peter Bruno
3402 Pico Boulevard
Santa Monica, CA 90405
NORTH CAROLINA
Environmental Quality
July 12, 2019
DWR # 19-0651
Bladen County
Subject: REVISED - APPROVAL OF 401 WATER QUALITY CERTIFICATION AND STATE
GENERAL PERMIT FOR IMPACTS TO ISOLATED AND OTHER NON -404
JURISDICTIONAL WETLANDS AND SURFACE WATERS
Bay Tree Solar
Dear Mr. Bruno:
You have our approval for the impacts listed below for the purpose described in your
application dated May 14, 2019, received by the Division of Water Resources (Division) May 14,
2019 and payment received on May 15, 2019 and additional information provided on June 26,
2019. These impacts are covered by the attached Water Quality General Certification Number
4139 and the State General Permit for Impacts to Isolated and other non -404 Jurisdictional
Wetlands and Surface Waters Permit Number IWGP100000 and the conditions listed below.
This is a revised certification and Isolated Wetland General Permit and replaces the
certification dated June 29, 2019. This certification is associated with the use of Nationwide
Permit Number 39 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:
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
Fayetteville Regional Office 1 225 Green Street, Suite 714 1 Fayetteville, North Carolina 28301
NCRTHCAROLINA
QenaHn,am a eawm—lai QuanN 910.433.3300

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 02H .0506(b)].
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Wetland 1
0.11 (acres)
(acres)
Wetland 2
0.05 (acres)
(acres)
Wetland 3
0.01 (acres)
(acres)
Wetland 4
0.068 (acres)
(acres)
Isolated Wetland 1
0.4 (acres)
(acres)
Intermittent Stream 1
(S1, S2, S3)
46 (linear feet)
20 (linear feet)
Intermittent Stream 2
(S4, S5, S6)
139 (linear feet)
40 (linear feet)
Intermittent Stream 3
(S7, S8)
24 (linear feet)
20 (linear feet)
Open Water (Ditch) 1
0.01 (acres)
(acres)
Open Water (Ditch) 2
0.01 (acres)
(acres)
Open Water (Ditch) 3
0.01 (acres)
(acres)
Open Water (Ditch) 4
0.01 (acres)
(acres)
Open Water (Ditch) 5
0.01 (acres)
(acres)
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/General Permit. 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(s)/Permit/Authorization and is responsible for complying with all
conditions. [15A NCAC 02H .0507(d)(2)].
3. The permittee shall report to the Fayetteville Regional Office any noncompliance with
this certification, any violation of stream or wetland standards [15A NCAC 02B .0200]
including but not limited to sediment impacts, and any violation of state regulated
riparian buffer rules [15A NCAC 02B .0200]. Information shall be provided orally within
24 hours (or the next business day if a weekend or holiday) from the time the applicant
became aware of the circumstances. A written submission shall also be provided within
5 business days of the time the applicant becomes aware of the circumstances. The
written submission shall contain a description of the noncompliance, and its causes; the
period of noncompliance, including exact dates and times, if the noncompliance has not

been corrected, the anticipated time compliance is expected to continue; and steps
taken or planned to reduce, eliminate, and prevent reoccurrence of the
noncompliance. The Division may waive the written submission requirement on a case-
by-case basis.
4. All wetlands, streams, surface waters, and riparian buffers located within 50 feet of the
construction area on the project site shall be clearly marked (example- orange fabric
fencing) prior to any land disturbing activities and must be maintained on the property
until the project phase is completed. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A
NCAC 02H .0507 (c)].
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certification/General Permit can be contested as provided in Articles 3 and 4 of General
Statute 1506 by filing a written petition for an administrative hearing to the Office of
Administrative Hearings (hereby known as OAH) within sixty (60) calendar days for 401 and 30
calendar days for the Isolated Wetland General Permit.
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. 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:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service (UPS,
FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to Department of Environmental Quality:
William F. Lane, 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
Act/Isolated Wetlands and Waters Rules. Please contact Chad Turlington at 910-433-3320 or
[e-mail] if you have any questions or concerns.
Sincerely,
Do-c_uS, igLned�by:
� Q
I
'W��.�, a—Ut ,
5189C2 =5C42B...
Trent Allen
Regional Supervisor
Division of Water Resources
Water Quality Regional Operations Section
Enclosures: GC4139
I W G P 100000
Cc: Kim Williams — Land Management Group —via email
Tom Charles - USACE Wilmington Regulatory Field Office - via email
DWR 401 & Buffer Permitting Branch file (electronic)
FRO File