NCC215965_SURRY-2022-009 NOCV_20220902

ROY COOPER
Governor_ _ y,
ELIZABETH BISER
Secretary
* L0V
BRIAN WRENN
Director NORTH CAROLINA
Environmental Quality
September 2, 2022
NOTICE OF CONTINUING VIOLATIONS OF THE
SEDIMENTATION POLLUTION CONTROL ACT
CERTIFIED MAIL 7017 1450 0001 6450
RETURN RECEIPT REOUESTED
DEPCOM Power, Inc.
Attention: Derrick Johnson of Timmons Group
5410 Trinity Rd., Suite 102
Raleigh, NC 27607
CERTIFIED MAIL 7020 1810 0001 2075 1300
RETURN RECEIPT REQUESTED
DEPCOM Power, Inc.
Attention: Anthony Perrino, Chief Operating Officer
9185 E Pima Center Pkwy # 100
Scottsdale, AZ 85258
CERTIFIED MAIL7020 1810 0001 2075 1317
RETURN RECEIPT REQUESTED
Timmons Group
Attention: Derrick Johnson
5410 Trinity Road, Suite 102
Raleigh, NC 27607
CERTIFIED MAIL 7020 1810 0001 2075 1324
RETURN RECEIPT REQUESTED
Corporation Service Company
2626 Glenwood Avenue, Suite 550
Raleigh, NC 27608
CERTIFIED MAIL 7020 1810 0001 2075 1331
RETURN RECEIPT REQUESTED
Amy E Tayloe, Landowner
James W. Partin, Landowner
Sarah P. Muller, Landowner
Kathy P. Moore, Landowner
105 Valleybrook Drive
PO Box 625
Elkin, NC 28621
North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
Winston-Salem Regional Office 1 450 Hanes Mill Road, Suite 3001 Winston-Salem, North Carolina 27105
336-776-9800

Notice of Continuing Violation
SURRY-2022-009 Partin Solar
September 2, 2022
Page 2 of 3
CERTIFIED MAIL 7020 1810 0001 2075 1348
RETURN RECEIPT REQUESTED
Fred Eidson, Landowner
PO Box 625
105 Valleybrook Drive
Elkin, NC 28621
CERTIFIED MAIL 7020 1810 0001 2075 1355
RETURN RECEIPT REQUESTED
Carolyn Moxley Carpenter, Landowner
Ann Marie Moxley, Landowner
2548 Moxley Rd.
Boonville, NC 27011
CERTIFIED MAIL 7020 1810 0001 2075 1362
RETURN RECEIPT REQUESTED
Jeffrey Carol Eidson, Landowner
210 W Main St.
Elkin, NC 28621
RE: Project Name: Partin Solar
Project ID: SURRY-2022-009
County: Surry
Dear Sir or Madam:
On July 15, 2022, you received a Notice of Violations indicating that you and/or your firm were
conducting a land -disturbing activity located on Elkin Wildlife Road, Elkin in Surry County,
North Carolina that was in violation of the Sedimentation Pollution Control Act of 1973.
A follow-up inspection of this project on August 17, 2022 indicated that the violations outlined
in the Notice have still not been corrected.
Because the violations were not corrected on or before the deadline for compliance, which was
August 11, 2022, this matter is being referred to the Division of Energy, Mineral, and Land
Resources, for enforcement. I urge you to correct these violations immediately. A civil penalty
of up to $5000.00 per day for violations is authorized by G.S. 113A-64. It should be noted that
each day of noncompliance constitutes a separate violation of the Sedimentation Pollution
Control Act of 1973. A penalty may be assessed from the date of the violation until the date the
violations are corrected. Please be advised that if compliance is not immediately undertaken,
other appropriate action may be requested.

Notice of Continuing Violation
SURRY-2022-009 Partin Solar
September 2, 2022
Page 3 of 3
Please do not hesitate to contact me regarding any questions you might have about this matter.
Sincerely,
Tamera Eplin PE
Regional Engineer
Land Quality Section
Enclosure: Sedimentation Inspection Report
c: Brad Cole, PE, Section Chief of Regional Operations (email)
Toby Vinson, PE, CPM, Section Chief of Program Operations (email)
Julie Coco, PE, State Sediment Engineer (email)
Deborah Reese, Administrative Assistant (email)
Lon Snider, Water Quality Regional Operation Section (email)
Sue Homewood, Water Quality Regional Operation Section (email)

North Carolina Department of Environmental Quality
Land Resources: 450 W. Hanes Mill Road, Suite 300, Winston-Salem, NC 27105
[phone]
County: Surry Project: Partin Solar
Person financially responsible: DEPCOM Power, Inc.
River basin: Yadkin-PeeDee
Project #: SURRY-2022-009
Address: 9185 E. Pima Center Pkwy # 100, Scottsdale, AZ
1. Project Location: Elkin Wildlife Rd., Elkin
Pictures: Yes - Digital
2. Weather and soil conditions: 80's, Clear, Workable Initial inspection: No
3. Is site currently under notice of violation? Yes
4. Is the site in compliance with S.P.C.A. and rules? No If no, check violations below:
5. Violations:
✓ b. Failure to follow approved plan, G.S. 113A-57(5), G.S. 113A-57(5)
✓ d. Failure to provide adequate groundcover, G.S. 113A-57(3) and 15A N.C.A.C. 4B.0107(b), G.S.
113A-57(3) and 15A NCAC 4B .0107(b)
✓ e. Insufficient measures to retain sediment on site, G.S. 113A-57(3), G.S. 113A-57(3)
✓ f. Failure to take measures to protect property, 15A N.C.A.C. 4B.0105, 15A NCAC 4B .0105
✓ g. Inadequate buffer zone, G.S. 113A-57(1), G.S. 113A-57(1)
✓ h. Graded slopes and fills too steep, G.S. 113A-57(2) or 15A N.C.A.C. 413.0124(e), G.S. 113A-57(2)
or 15 NCAC 4B .0124(d)
✓ i. Unprotected exposed slopes, G.S. 113A-57(2), G.S. 113A-57(2)
✓ j. Failure to install and maintain measures, 15A N.C.A.C. 4B.0113, 15 NCAC 4B .0113
✓ n. Failure to develop or adhere to approved plan, NCG 010000, Part I
✓ o. Failure to manage construction site pollutants, NCG 010000 Part II, F
✓ p. Failure to provide ground stabilization, NCG 010000 Part I1, E
✓ r. Failure to install and maintain BMP's, NCG 010000 Part II, G.2-3
6. Is the site in compliance with NPDES Permit NCGO10000 Construction Stormwater requirements? No
7. Has sedimentation damage occurred since last inspection? Yes If Yes, where? (check all that apply)
✓ Lake/Natural watercourse off the tract
✓ Lake/Natural watercourse on the tract
Description: Sediment loss in buffers, wetlands, streams, and private pond due to inadequate,
overwhelmed, and unmaintained measures.
Degree of damage: Severe
8. Contact made with (name): Joey Flaherty Title: Construction Manager
Inspection report: Sent Report
9. Corrective action needed:
Date given/sent: With NOCV.

North Carolina Department of Environmental Quality
Land Resources: 450 W. Hanes Mill Road, Suite 300, Winston-Salem, NC 27105
[phone]
1. Remove all sediment from drainage swales, channels, buffers, streams, wetlands, and anywhere
outside the approved limits of disturbance throughout the entirety of the site. Obtain permission
from the owner of the impacted private pond and remove all sediment deposited within. After
removal, a turbidity curtain shall be installed as a protective measure until such time DEMLR
approves its removal.
2. Install and maintain all sedimentation and erosion control measures as shown on the approved
plan. If the plan is insufficient to restrain and control sediment, a revision may be necessary. Note
the approved plan includes ground cover stabilization compliance within the timeframe
guidelines specified in NCGO1.
3. Provide adequate permanent ground cover on all areas where development has been completed
according to the time limits in the approved plan.
4. Install erosion and sediment control devices sufficient to retain sediment within the approved
limits of disturbance.
5. Take all reasonable measures to prevent sedimentation damage to adjacent properties.
6. Provide an adequate stream buffer zone of sufficient width to confine visible sedimentation
within the 25 % of the buffer nearer the land disturbance using natural or artificial means
(minimum 25-foot width in Trout Waters) in all relevant areas.
7. Reduce the angle of graded slopes to an angle on which vegetative ground cover may be
established.
8. Provide adequate temporary or permanent ground cover on all graded slopes where rough or fine
grading has been completed for 21 calendar days.
9. Maintain all sedimentation and erosion control measures as specified in the approved plan and as
required to prevent sedimentation damage.
10. Install and maintain measures to divert storm run-off through the stormwater control facilities,
such as but not limited to temporary sediment traps or basins.
11. Properly handle sediment to avoid contact with surface waters, wetlands or buffers and prevent
discharge from site.
12. Provide adequate temporary or permanent ground cover on areas where land -disturbing activity
has ceased in 7 or 14 days according to NCG 010000 permit conditions.
10. Comments: This project was inspected on August 17, 2022; this inspection served as the compliance
inspection for the Notice of Violations issued on July 15, 2022. The project has received
additional complaints and inquiries regarding the loss of sediment and impacts to buffers,
streams, wetlands, and a private pond. Construction activity was on -going during the
inspections. It was evident that attempts to remove sediment from multiple areas had
occurred. Additionally, many areas previously without bare are now developing vegetative
cover. However, sediment loss was still observed in a multitude of areas throughout both
Phase I and II outside the approved limits of disturbance, including in buffers, wetland areas,
in many areas of the streams throughout the site, and in the private pond off -site. Several areas
were repaired only to have additional failures and losses occur. The private pond was observed
to have collected more sediment than in the previous inspection. Many of the sediment and
erosion control devices such as silt fence, silt fence outlets, rock checks, and sediment basins
remain overwhelmed. Many of the slopes throughout the site are still graded at an angle
greater than can be retained by vegetative cover or other adequate erosion control devices or
structures; rills and slides were observed throughout the site. Much of the site still has little to
no vegetation or temporary stabilization. Representative on site stated that an engineering
study was

North Carolina Department of Environmental Quality
Land Resources: 450 W. Hanes Mill Road, Suite 300, Winston-Salem, NC 27105
[phone]
scheduled to be performed to help facilitate compliance and revise areas that continue to
experience sediment loss regardless of the type of stabilization installed. While proper phasing
of the site, maintenance of the measures, and following temporary stabilization guidelines
would have benefitted the site as a whole, it continues to be apparent that the original design
was not adequate to control sediment loss.
Reported by: Kimberly Turney Others present: Jalen Hairston, Nathan Gainer (NC DEQ DEMLR)
Date of inspection: August 17, 2022 Time arriving on site: 9:00 AM Time leaving site: 4:00 PM