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HomeMy WebLinkAboutNCC230766_ESC Approval Submitted_20230328ROY COOPER$ • µ� b Governor ELIZABETH S. BISER _ GQ Secretary, BRIAN WRENN NORTH CAROLINA Director Environmental Quality December 21, 2021 LETTER OF APPROVAL WITH MODIFICATIONS Pine Gate Renewables ATTN: Ben Catt, Chief Executive Officer 130 Roberts St. Asheville, NC 28801 RE: Project Name: Pelham Solar Acres Approved: 341 Project ID: CASWE-2022-004 County: Caswell City: Pelham Address: Gwynns Chapel Rd. River Basin: Roanoke Stream Classification: C Submitted By: Kimley-Horn and Associates, Inc. Date Received by LQS: December 8, 2021 Plan Type: Revised Dear Sir or Madam: This office has reviewed the subject erosion and sedimentation control plan. We find the plan to be acceptable with modifications and hereby issue this letter of Approval with Modifications. The Modifications Required for Approval are listed on the attached page. This plan approval shall expire three (3) years following the date of approval, if no land -disturbing activity has been undertaken, as is required by Title 1SA NCAC 413.0129. As of April 1, 2019, all new construction activities are required to complete and submit an electronic Notice of Intent (eNOI) form requesting a Certificate of Coverage (COC) under the NCGO10000 Construction General Permit. After the form is reviewed and found to be complete, you will receive a link with payment instructions for the $100 annual permit fee. After the fee is processed, you will receive the COC via email. As the Financially Responsible Party shown on the FRO form submitted for this project, you MUST obtain the COC prior to commencement of any land disturbing activity. The eNOI form may be accessed at deq.nc.gov/NCG01. Please direct questions about the eNOI form to the Stormwater Program staff in the Raleigh central office. If the owner/operator of this project changes in the future, the new responsible party must obtain a new COC. North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources Winston-Salem Regional Office 1 450 Hanes Mill Road, Suite 300 1 Winston-Salem, North Carolina 27tO3 336.776.9800 Letter of Approval with Modifications Pine Gate Renewables December 21, 2021 Page 2 of 4 Title 1SA NCAC 413.0118(a) and the NCG01 permit require that the following documentation be kept on file at the job site: 1. The approved E&SC plan as well as any approved deviation. 2. The NCG01 permit and the COC, once it is received. 3. Records of inspections made during the previous 12 months. Also, this letter gives the notice required by G.S. 113A-61.1(a) of our right of periodic inspection to ensure compliance with the approved plan. North Carolina's Sedimentation Pollution Control Program is performance -oriented, requiring protection of existing natural resources and adjoining properties. If, following the commencement of this project, it is determined that the erosion and sedimentation control plan is inadequate to meet the requirements of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statute 113A-S1 through 66), this office may require revisions to the plan and implementation of the revisions to ensure compliance with the Act. Acceptance and approval of this plan is conditioned upon your compliance with Federal and State water quality laws, regulations, and rules. In addition, local city or county ordinances or rules may also apply to this land -disturbing activity. This approval does not supersede any other permit or approval. Please note that this approval is based in part on the accuracy of the information provided in the Financial Responsibility Form, which you provided. This permit allows for a land -disturbance, as called for on the application plan, not to exceed the approved acres. Exceeding the acreage will be a violation of this permit and would require a revised plan and additional application fee. You are requested to file an amended form if there is any change in the information included on the form. In addition, it would be helpful if you notify this office of the proposed starting date for this project. Your cooperation is appreciated. Sincerely, 04 Zachary Lentz, PE Assistant Regional Engineer Land Quality Section Enclosures: Certificate of Approval Modifications Required for Approval NCG01 Fact Sheet cc: Jennifer Lester, PE of Kimley-Horn and Associates, Inc. (via email) WSRO file Letter of Approval with Modifications Pine Gate Renewables December 21, 2021 Page 3 of 4 MODIFICATIONS REQUIRED FOR APPROVAL Project Name: Pelham Solar Project ID: CASWE-2022-004 County: Caswell Modifications pursuant to applicable North Carolina General Statutes and/or Regulations: 1. If it is found additional area will be required for stockpiling of topsoil, contractor staging, temporary access, haul roads, erosion control measures or other land -disturbing activities associated with this project, a revised erosion control plan reflecting the additional area must be submitted to this office. [1 SA NCAC 4B .0118] 2. Approval by a representative of the Land Quality Section will be required prior to removal or conversion of any sediment basin or trap. [15A NCAC 4B .0106(a)(5)] 3. Additional measures maybe required, particularly along the perimeter of the project adjacent to streams and wetlands. The applicant is responsible for the control of sediment on -site. If the approved erosion and sedimentation control measures prove insufficient, the applicant must take those additional steps necessary to stop sediment from leaving this site. [15A NCAC 4B .0115] Additional Comments: 1. Be advised the 7/14-day soil stabilization requirements apply to any section of the project where land -disturbing activities have temporarily or permanently ceased. Temporary stabilization is achieved when the establishment of ground cover over all disturbed areas renders the surface stable against accelerated erosion. It is your responsibility to maintain adequate records of where and when land -disturbing activities occur to assure that stabilization is achieved within the required ground stabilization timeframes. Since seeding alone does not restrain accelerated erosion, seeding must occur far enough in advance of the end of the timeframe to allow stabilization to occur or be applied with a tackifier or comparable method to provide stabilization at the time of application. 2. Be advised, Part III of the NCG010000 General Permit details the self -inspection, recordkeeping, and reporting requirements for compliance with the permit. The self - inspections will likely result in identifying maintenance needs for control measures as well as modifications, additional measures, and/or corrective actions, which must be documented and performed as soon as possible considering adverse weather and site conditions. Records from the previous twelve months must be kept on site, and any visible sediment deposition in a stream or wetland must be reported. Please revisit the permit for further requirements. Letter of Approval with Modifications Pine Gate Renewables December 21, 2021 Page 4 of 4 3. Effective October 1, 2010, persons responsible for land disturbing activities must inspect the sediment and erosion control measures on a project after each phase of the project to make sure that the approved erosion and sedimentation control plan is being followed. Self - inspection reports are required. A sample self -inspection report, as well as details of the self - inspection program, can be found on the Land Quality web site: http: //deq.nc.gov/about/divisions/energey-mineral-land-resources/erosion-sediment- control/forms As a minimum, the inspections shall be performed after each of the following phases of a plan: 1. Installation of perimeter erosion and sediment control measures. 2. Installation of sediment traps/basins. 3. Clearing and grubbing of existing ground cover. 4. Completion of any phase of grading that requires provision of stabilization. S. Installation of measures during any phase of the project. 6. Completion of construction or development. 7. Installation of stormwater retention measures. 8. Quarterly until the establishment of permanent ground cover is fully established. Please note these inspection requirements are in addition to NPDES inspection requirements. If you have questions about the self -inspection program, please contact us at (336) 776-9800. [G.S. 113A-S4.1(e), 1SA NCAC 413.0131] Ref: G.S. 113A-S4.1 through G.S. 113A-S7 Sections 1SA NCAC 04A.0101 through 1SA NCAC 04E.OSO4 General Permit NCG 010000 NPDES for Construction Activities