20190751 Ver 1_Approval Letter_20190806

QI]Y COOPER
uve,rm
MICHAEL S`R£GAN
"""et=/
LDNDACOLPEPPER
Director
'
Au8ust 6,3O19
Fern Solar, LLC '
Attn: Patrick grown
9lVonKa m /h'Avenue,Suite 1050
Irvine, CA926
NORTH CAROLINA
Environmental Quality
/ D\8/R# 1
Eclgecombp[ounty
Subject ' OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
�
AUTHORIZATION CERTIFICATE PER THE TAR-PAM000RIVER BASIN RIPARIAN BUFFER
^
` /PROTECTION RULES (15A NCAC 02B'0259) WITH ADDITIONAL CONDITIONS
��n Solar
�
' ar
Dear Mr. Brown:
You haVeoura9prova|for the impacts Ustedbe|oxvforthepurposedeschbedinyour
appUceton ^v��the�Dkis'mn Water � ur�es
(Din) ' — t dl��
9aynlentrecekxedon]unel9.2OI9� These irnpactsare covered bvth�attached Water -Quality
!]
General Certification Number 4133 and 4139 and the conditions listed below.', This Certification
is associated' withthe use ofNationwide Permit Num ber12and51Onoeitisissuedtoyou6«
' fe� i.dl U.S. Army Corps .ofEngineers (U� \ | that .sh u|� .'h
state or local*rnl�sbefmrep with your project, inducling,thmserequired hv(but not
|]
limited to) irnentand Erosion
' noiNon-Discharge,�\8/
n�aterWatershed
regulations.
/
This approval requires you tmfoUoxvi1heconditions listed |nthe enclosed certification and the
following additional conditions:
l. The following impacts are hereby approved provided that all ofthe other specific and
general conditions ofthe Certification and Buffer Rules are met. Noother innpa�tsare
pproved.incudingincjdenta|innpnr��` [l5AN� . CACO�B `O8/- ' andl5AN' '
' '—
02B.0259k9U
.
Raleigh Regionalmn: |sunomn(At Drive |ualluu,North Carolina 2-16nv

Fern Solar
DWR #19-0751
401_ AND BUFFER APPROVAL
Page 2 of 5
Type of Impact
Amount Approved.
.(units)
Permanent
Amount Approved
(units)
Temporary
Wetlands:
W1: Road and Utility .Line Installation
0.001 (acres)
0 (acres)
W2: Road and Utility Line Installation
0.027 (acres)
0 (acres)
W3: Road.and Utility Line Installation
0.013 (acres)
0 (acres)
W4: Sediment Basin Grading
0.047 (acres)
0 (acres)
W5: Sediment Basin Grading
0.006.(acres)
0 (acres).
W24: Road and Utility Line Installation
0.003 (acres)
0 (acres)
Stream .
S6: Road Crossing/Culvert Update & Utility Crossing
41 (linear feet),
0 (linear feet)
.S7: Road Crossing/Culvert Update
',35 (linear feet)
0 (linear feet)
S8: Road Crossing/Culvert Update & Utility Crossing
.36 (linear feet)
0 (linear feet)
S9: Road Crossing/Culvert Update
32 (linear feet)
0 (linear feet)
S10: Road Crossing/Culvert Update
36 (linear feet)
0 (linear feet)
S11: Road Crossing/Culvert Update & Utility Crossing. ,;-36
(linear feet)
0 (linear feet)
S12: Road Crossing
57 (linear feet)
0 (linear feet)
S13: Road' Crossing/Culvert Update & Utility'Crossing
32 (linear feet)
0 (linear feet)
S14: Road Crossing/Culvert Update & Utility,Crossing
(linear feet)
0 (linear feet)
S15: Road and Utility -Crossing ii
56 (linear feet)
0 '(linea,r feet)
S16: Road and. Utility Crossing
96 (linear feet)
0 (linear feet)
Buffers = Zone;1
B17: Road. Crossing
3,211 (square feet)
0 (square feet)
B18: Road Crossing - 1 i
2,844 (square feet)
0 (square feet)
B19: Road Crossing
2,955 (square feet)
0 (square feet)
B20: Road Crossing
2,991 (square feet)
0,(sq uare feet)
1321: Road Crossing
2,968 (square feet)
0,(square feet)
B22: Road Crossing
2,924 (square feet)
0 (square 'feet)
B23: Road Crossing
2,610 (square feet)
0 (square feet)
Buffers - Zone2
B17: Road Crossing
2,140 (square feet)
0,(sq uare feet)
B18: Road Crossing
1;896 (square feet)
0 (square feet)
B19: Road Crossing
1,970 (square feet)
0 (square feet)
B20: Road Crossing
1,994 (square feet)
0 (square feet)
B21: Road Crossing
1,979 (square feet)
0 (square feet)
B22: Road'Crossing
1,950 (square feet)
0 (square feet)
B23: Road Crossing
1,740 (square feet)
0 (square feet)

Fern Solar
DWR #19-0751
401 AND BUFFER APPROVAL
Page 3 of 5
2. Diffuse Flow
All stormwater must be directed and_maintained as diffuse flow at non-erosive velocities
through the, protected stream buffers such that, it will not re -concentrate before discharging
into a stream. [15A NCAC 02H .0506(b)(5)]
3. Stormwater Management -Plan- (SMP) Approval from Local Community Required
The stormwater. "management plan (SMP); must be approved by Edgecombe County and
meet the requirements of this Certification.. The SM,P may not,be,modified without prior
written authorization from the Edgecohib;e County. [15A NCACI02H .0506(b)(3)]
4. The permittee shall report to the Raleigh 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 ofAhe 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.
5. Protective Fencing
The outside buffer, wetland •or water boundary and along the construction corridor within
these boundaries approved under this authorization shall 'be clearly marked with orange
warning fencing (or similar high visibility material) for the areas that have been approved to
infringe within the buffer, wetland or water prior to any: land disturbing activities to ensure
compliance with 15 NCAC 02H..0500. [15A NCAC 02H.0506 (b)(2) and (c)(2) and 15A NCAC
02H .0507 (c)]
6. This approval is for thepurpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part -,of the Certification and
Buffer,Autho'rization. If you .change your project, you,must notify the Division and you may
,be required to submit a, neve 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)]
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]

Fern Solar
DWR #19-0751
401_ AND BUFFER APPROVAL
Page 4 of 5
This Certification and Buffer Authorization can be contested as provided in General Statute .
150B by filing a written petition for an administrative hearing to the Office. of.Administrative
Hearings (hereby known as OAH) within sixty (60). calendar days.
A petition form may be obtained from the OAH at http://\ivww.incoah.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 8:00am and 5,:00p6i, 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 by First Class Mail
via the US. Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service
(e.g. UPS, FedEx):
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
Please send one (1) copy of the petition to DWR:
If sending by First Class Mail
via the US Postal Service:
Karen Higgins
NC'DWR — 401 & Buffer Permitting
Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
If sending. via delivery service
(e.g. UPS, -FedEx):
Karen Higgins .
NC OWR-401.&'Buffer Permitting.
Branch
512 N. Salisbury Street
Raleigh, NC 27604

Fern Solar
DWR #19-0751
401 AND BUFFER APPROVAL
Page 5 of 5
This letter completes the review of the Division under section 401 of the Clean Water Act and
the Tar -Pamlico Riparian Buffer Rules as described in 15A NCAC 02B .0259. Please contact
Stephanie Goss at 919-791-4256 or [e-mail] if you have any questions or
concerns.
Sincerely,
ick Bolich, LG
Assistant Supervisor, Water Quality Regional Operations Section
Enclosure: GC 4133
GC 4139
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade
Drive, Ste. 105; Wake Forest, NC 27597
DWR RRO 401 file
DWR 401 & Buffer Permitting Unit via Laserfiche
jBen Sagara via e-mail at [e-mail]