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HomeMy WebLinkAboutNCC215965_SURRY-2022-009 NOV_202207151 ROY COOPER Governorri d h ELIZABETHBISER Secretary°' BRIAN WRENN Qunnti Director NORTH CAROLINA Environmental Quality July 15, 2022 NOTICE OF VIOLATIONS OF THE SEDIMENTATION POLLUTION CONTROL ACT AND GENERAL PERMIT - NCG 010000 TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM FOR CONSTRUCTION ACTIVITIES CERTIFIED MAIL 7020 1810 0001 2075 2291 RETURN RECEIPT REQUESTED DEPCOM Power, Inc. Attention: Derrick Johnson of Timmons Group 5410 Trinity Rd., Suite 102 Raleigh, NC 27607 CERTIFIED MAIL 7020 1810 0001 2075 2253 RETURN RECEIPT REQUESTED DEPCOM Power, Inc. Attention: Anthony Perrino, Chief Operating Officer 9185 E Pima Center Pkwy # 100 Scottsdale, AZ 85258 CERTIFIED MAIL 7020 1810 0001 2075 2260 RETURN RECEIPT REQUESTED Timmons Group Attention: Derrick Johnson 5410 Trinity Road, Suite 102 Raleigh, NC 27607 CERTIFIED MAIL 7020 1810 0001 2075 2277 RETURN RECEIPT REQUESTED Corporation Service Company 2626 Glenwood Avenue, Suite 550 Raleigh, NC 27608 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 Violations SURRY-2022-009 Partin Solar July 15, 2022 Page 2 of 18 CERTIFIED MAIL 7020 1810 0001 2075 2284 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 CERTIFIED MAIL 7020 1810 0001 2075 2307 RETURN RECEIPT REQUESTED Fred Eidson, Landowner PO Box 625 105 Valleybrook Drive Elkin, NC 28621 CERTIFIED MAIL 7020 1810 0001 2075 2314 RETURN RECEIPT REQUESTED Carolyn Moxley Carpenter, Landowner Ann Marie Moxley, Landowner 2548 Moxley Rd. Boonville, NC 27011 CERTIFIED MAIL 7020 1810 0001 2075 2321 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 Compliance Deadlines: 20 days from receipt for SPCA violations 20 days from receipt by certified mail for Construction Stormwater Permit NCG 010000 violations Dear Sir or Madam: On July 6, 2022, personnel of this office inspected a project located on Elkin Wildlife Road, Elkin in Surry County, North Carolina. This inspection was performed to determine compliance with the North Carolina Sedimentation Pollution Control Act (SPCA) of 1973 and General Permit - NCG 010000 to Discharge Stormwater Under the National Pollutant Discharge \\;SRO SPCA/G0I Rev. 2o2)1 o- 13 Notice of Violations SURRY-2022-009 Partin Solar July 15, 2022 Page 3 of 18 Elimination System for Construction Activities (Construction Stormwater Permit NCG 010000). The inspection revealed a land -disturbing activity of approximately 295 acres being conducted. It is our understanding that you and/or your firm are responsible for this land -disturbing activity. The purpose of this letter is to inform you that this activity was found to be in violation of the SPCA, G.S. 113A-50 to 66, Title 15A, North Carolina Administrative Code (NCAC), Chapter 4 and Construction Stormwater Permit NCG 010000. If you feel that you are not responsible for the following violations, please notify this office immediately. The violations of the SPCA that were found are: 1. Failure to conduct a land -disturbing activity in accordance with the approved erosion and sedimentation control plan. G.S. 113A-57(5). Groundcover stabilization requirements have not been met or adhered to within the timeframe guidelines specified in compliance with SPCA rules and under the NCGO1 permit conditions. 2. Failure when a land -disturbing activity that will disturb more than one acre is undertaken on a tract, to provide a permanent ground cover sufficient to restrain erosion on such exposed areas within 90 calendar days after completion of construction or development. G.S. 113A- 57(3) and 15A NCAC 4B .0107(b). Groundcover stabilization requirements have not been met or adhered to within the timeframe guidelines specified in compliance with SPCA rules and under the NCGO1 permit conditions. Temporary diversion ditches, berms, and basins are overwhelmed with sediment. Sediment has been transported outside of the approved limits of disturbance into buffers, wetlands, and streams of an unnamed tributary of Turkey Creek, unnamed tributary to the Yadkin River, and into a private pond. 3. Failure when a land -disturbing activity that will disturb more than one acre is undertaken on a tract, to install sedimentation and erosion control devices sufficient to retain the sediment generated by the land -disturbing activity within the boundaries of the tract during construction upon and development of the tract. G.S. 113A-57(3). Sediment has not been retained within the approved limits of disturbance and has impacted buffers, wetlands, and streams of an unnamed tributary of Turkey Creek, unnamed tributary to the Yadkin River, and into a private pond. 4. Failure to take measures to protect all public and private property from sedimentation and erosion damage caused by the land -disturbing activities. 15A NCAC 4B .0105. WSRO SPCA/GOi Rev. 20210213) Notice of Violations SURRY-2022-009 Partin Solar July 15, 2022 Page 4 of 18 Sediment has not been retained within the approved limits of disturbance and has impacted buffers, wetlands, and streams of an unnamed tributary of Turkey Creek, unnamed tributary to the Yadkin River, and into a private pond. 5. Failure to retain a buffer zone or sufficient width along a lake, trout water or natural watercourse (25-foot minimum for trout waters) in which to confine visible siltation by natural or artificial means within the 25 percent of that portion of the buffer zone nearest the land -disturbing activity. G.S. 113A-57(1). Sediment has not been retained within the approved limits of disturbance and has impacted buffers, wetlands, and streams of an unnamed tributary of Turkey Creek, unnamed tributary to the Yadkin River, and into a private pond. 6. Failure to maintain on graded slopes and fills, an angle which can be retained by vegetative cover or other adequate erosion control devices or structures. G.S. 113A-57(2) Graded slopes and fills were observed to have heavy rilling and sloughing with no vegetative cover or other erosion control devices, structures or means of retaining sediment contributing to the transport of sediment outside the approved limits of disturbance, impacting buffers, wetlands, and streams of an unnamed tributary of Turkey Creek, unnamed tributary to the Yadkin River, and into a private pond. 7. Failure to install and maintain all temporary and permanent erosion and sedimentation control measures as required by the approved plan or any provision of the Act, and rules adopted thereunder, during or after the development of a site. 15A NCAC 4B .0113. Temporary diversion ditches, berms, and basins are overwhelmed with sediment. Sediment has been transported outside of the approved limits of disturbance into buffers, wetlands, and streams of an unnamed tributary of Turkey Creek, unnamed tributary to the Yadkin River, and into a private pond. The violations of the Construction Stormwater Permit NCG 010000 that were found are: 1. Failure to develop or adhere to the erosion and sedimentation control plan. The approved erosion and sedimentation control plan is considered a condition of Construction Stormwater Permit NCG 010000, Part I. Groundcover stabilization requirements have not been met or adhered to within the timeframe guidelines specified under the NCGOI permit conditions. Measures have not been maintained in accordance with the approved plan. 2. Failure to manage construction site pollutants. NCG 010000 Part I1, Section F. WSW) SPCA/GO] Rev. 2021021 Notice of Violations SURRY-2022-009 Partin Solar July 15, 2022 Page 5 of 18 (Section D) Building material and land clearing waste shall be disposed of in accordance with North Carolina General Statutes, Chapter 130A, Article 9 — Solid Waste Management, and rules governing the disposal of solid waste (15A NCAC 1313). Areas dedicated for managing building material and land clearing waste shall be at least 50 feet away from storm drain inlets and surface waters unless it can be shown that no other alternatives are reasonably available Temporary diversion ditches, berms, and basins are overwhelmed with sediment. This has caused perimeter silt fence and outlets, as well as inlet protection devices, to become overwhelmed with sediment. Sediment has been transported outside the approved limits of disturbance, impacting buffers, wetlands, and streams of an unnamed tributary of Turkey Creek, unnamed tributary to the Yadkin River, and into a private pond. 3. Failure to install and maintain BMPs and control measures, NCG 010000 Part II, Section G.2-3 The Permittee shall install and maintain all temporary and permanent E&SC measures as required by this permit and the approved E&SC plan. If self -inspections required by this permit identify a need for maintenance of control measures, modifications or additions to control measures, or corrective actions to control sediment or other pollutants, these actions shall be performed as soon as possible considering adverse weather and site conditions. Temporary diversion ditches, berms, and basins are overwhelmed with sediment. This has caused perimeter silt fence and outlets, as well as inlet protection devices, to become overwhelmed with sediment. Sediment has been transported outside the approved limits of disturbance, impacting buffers, wetlands, and streams of an unnamed tributary of Turkey Creek, unnamed tributary to the Yadkin River, and into a private pond. To correct these violations, you must: 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. Please note that merely planting grass seed does not satisfy the requirements of "vegetative cover" or of "ground cover sufficient to restrain erosion." These requirements are not satisfied until an adequate cover of grass or other ground WSRO SPCA/GO1 Rev. 20210213 Notice of Violations SURRY-2022-009 Partin Solar July 15, 2022 Page 6 of 18 cover (such as properly applied and secured, mulched seeding or appropriate riprap) is established which is, in fact, sufficient to restrain accelerated or man-made erosion. 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 in all relevant areas. 8. Maintain all sedimentation and erosion control measures as specified in the approved plan and as required to prevent sedimentation damage. 9. 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. 10. Properly handle sediment to avoid contact with surface waters, wetlands or buffers and prevent discharge from site. 11. 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. SPCA VIOLATIONS The violations of the SPCA cited herein may be referred to the Division of Energy, Mineral and Land Resources for appropriate action, including civil penalty assessments for an initial one -day violation and/or a continuing violation. The penalty for an initial one -day violation of the SPCA may be assessed in an amount not to exceed $5,000.00. The Division of Energy, Mineral and Land Resources is not required to provide a time period for compliance before assessing an initial penalty for the violations of the SPCA cited herein. Please be advised that a civil penalty may be assessed for the initial day of violations of the SPCA regardless of whether the violations are corrected within the time period set out below. In addition, if the violations of the SPCA cited herein are not corrected within twenty (20) calendar days of receipt of this Notice, this office may request that the Division take appropriate legal action against you for continuing violations pursuant to NCGS 113A-61.1 and 113A-64. A penalty may be assessed from the date of the violation of the SPCA, pursuant to NCGS 113A-64(a)(1), and for each day of a continuing violation of the SPCA in an amount not to exceed $5,000.00 per day. WSW S1'CA/G01 Rev. ?U? 1021 Notice of Violations SURRY-2022-009 Partin Solar July 15, 2022 Page 7 of 18 Construction Stormwater Permit NCG 010000 Violations The violations of the Construction Stormwater Permit NCG 010000 cited herein may be referred to the Division of Energy, Mineral and Land Resources for appropriate enforcement action, including civil penalty assessments for a continuing violation. This Notice serves as a letter of proposed civil penalty assessment. You have twenty (20) calendar days from receipt of this Notice by certified mail to cease the violations listed above, and to submit in writing reasons why the civil penalty should not be assessed. Accordingly, you are directed to respond to this letter in writing within ten (10) calendar days of receipt of this Notice by certified mail. Your response should be sent to this regional office at the letterhead address and include the following: 1. The date by which the corrective actions listed above have been or will be completed. 2. Rainfall data and self -inspection or self -monitoring records from May 6, 2022 to July 6, 2022. 3. A plan of action to prevent future violations. 4. A plan for restoration of sediment damage. 5. Reasons why a civil penalty should not be assessed. Pursuant to G.S. 143-215.6A, these violations and any future violations are subject to a civil penalty assessment of up to a maximum of $25,000.00 per day for each violation. Your above -mentioned response to this correspondence, the degree and extent of harm to the environment and the length of time and gravity of the violation(s) will be considered in any civil penalty assessment process that may occur. Please be advised that any new land -disturbing activity associated with this project should not begin until the area presently disturbed is brought into compliance with the SPCA and Construction Stormwater Permit NCG 010000. When corrective actions are complete, you should notify this office so that work can be inspection. You should not assume that the project is in compliance with the SPCA and Construction Stormwater Permit NCG 010000 until we have notified you. After installation, all erosion control measures must be maintained in proper working order until the site is completely stabilized. We solicit your cooperation and would like to avoid taking further enforcement action. At the same time, it is your responsibility to understand and comply with the requirements of the SPCA and Construction Stormwater Permit NCG 010000. The relevant statute and administrative rules can be found at the Division's website at http://deq.nc.gov/E&SC. The Construction Stormwater Permit NCG 010000 can be found at the Division's website at http://deq.nc. og v/ncg01. Should you have questions concerning this notice or the requirements of the SPCA and Construction Stormwater Permit NCG 010000 please contact either Kimberly Turney or me at your earliest convenience. Notice of Violations SURRY-2022-009 Partin Solar July 15, 2022 Page 8 of 18 Sincerely, Tamera E in, PE Regional Engineer Land Quality Section Enclosures: Pictures 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) WSRO SPCA/G01 Rev. 2021021 Notice of Violations SURRY-2022-009 Partin Solar July 15, 2022 Page 9 of 18 Pictures taken by Kimberly Turney, Environmental Specialist II \VSRG SPCA,:G01 Rev. 2021021; Notice of Violations SURRY-2022-009 Partin Solar July 15, 2022 Page 10 of 18 Notice of Violations SURRY-2022-009 Partin Solar July 15, 2022 Page 11 of 18 Notice of Violations SURRY-2022-009 Partin Solar July 15, 2022 Page 12 of 18 Notice of Violations SURRY-2022-009 Partin Solar July 15, 2022 Page 13 of 18 1b'SRO SPCf\r`GOl Rev. 2021021 Notice of Violations SURRY-2022-009 Partin Solar July 15, 2022 Page 14 of 18 A4, Notice of Violations SURRY-2022-009 Partin Solar July 15, 2022 Page 15 of 18 \VSF:(--) SPCA.,'Go1 R-v. 20210213 Notice of Violations SURRY-2022-009 Partin Solar July 15, 2022 Page 16 of 18 Notice of Violations SURRY-2022-009 Partin Solar July 15, 2022 Page 17 of 18 Notice of Violations SURRY-2022-009 Partin Solar July 15, 2022 Page 18 of 18 t :^ham j .S` North Carolina Department of Environmental Quality Land Resources: 450 W. Hanes Mill Road, Suite 300, Winston-Salem, NC 27105 (336) 776-9800 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: 90'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. 413.0107(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. 413.0105, 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) ✓ 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 I1, F ✓ 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, 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 NOV 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. Sedirnentation/Construction Stormwater Insaection Report North Carolina Department of Environmental Quality Land Resources: 450 W. Hanes Mill Road, Suite 300, Winston-Salem, NC 27105 (336) 776-9800 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 in all relevant areas. 8. Maintain all sedimentation and erosion control measures as specified in the approved plan and as required to prevent sedimentation damage. 9. 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. 10. Properly handle sediment to avoid contact with surface waters, wetlands or buffers and prevent discharge from site. 11. 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. Additional This project was inspected on July 6, 2022; the project has received numerous complaints and Corrective inquiries regarding the loss of sediment and impacts to buffers, streams, wetlands, and a Actions and private pond. Construction activity was on -going during the inspection. Sediment loss was Comments: observed in a multitude of areas throughout both Phase I and Phase 11 outside the approved limits of disturbance (LOD), including in buffers, wetland areas, in many areas of the streams throughout the site, and in the private pond off -site. Sediment and erosion control devices such as silt fence, silt fence outlets, inlet protection, rock checks, and sediment basins were overwhelmed. It appeared as though many have needed maintenance for quite some time. Many of the slopes throughout the sight appear to be greater than an angle that can be retained by vegetative cover or other adequate erosion -control devices or structures; rills and slides were observed throughout the site. Most of the site has little to no vegetation or temporary stabilization measures. It also appears that the current sediment and erosion control plan may not be adequate to control Sedimentation/Construction Stormwater Inspection Report North Carolina Department of Environmental Quality Land Resources: 450 W. Hanes Mill Road, Suite 300, Winston-Salem, NC 27105 (336) 776-9800 sediment loss. The following items were discussed in the field and require immediate attention and correction: 1) Remove any/all sediment outside the approved LOD, including but not limited to drainage swales and channels, buffers, streams, wetlands, and the private pond. A remediation and restoration plan for all impacts to permitted 401 and 404 areas will need to be submitted to the Division of Water Resources, the United States Army Corps of Engineers, and the Division of Energy, Mineral, and Land Resources for review. An environmental consultant should examine and advise on the removal of sediment from buffers, streams, and wetland areas. 2) All perimeter measures need to be installed and maintained in conjunction with the removal of all sediment outside the LOD. In addition, NCGO1 groundcover stabilization requirements shall be adhered to and all exposed slopes, within the timeframes given of completion of any phase of grading, need to be planted or otherwise provided with temporary or permanent ground cover, devices, or structures sufficient to restrain erosion. 3) Restructure and re -stabilize all diversion ditches site wide. 4) Clean and maintain all inlet protection devices site wide. Clean and repair the outlet on the west side of array 5. 5) Clean the drain inlet area, remove sediment from both sides of the silt fence, and re -stabilize the slopes at array 12. 6) Remove sediment from outside the LOD at several locations near basin 404; clean out the basin, install new baffles, and repair/restore the outlet protection measures and devices. 7) Remove sediment from outside the LOD in area 403; repair/restore the protection outlet. 8) Clean the inlet protection device at wetland crossing 1. 9) Clean the road outlet, install a new stone silt fence outlet, and remove all sediment from the buffer area between array 11 and 12. 10) Repair the silt fence and outlets along the outside of array 13; remove all sediment from outside the LOD and in the buffer. 11) Clean sediment from the silt fence and outlet areas at stream crossing 2; remove all sediment and stone from the stream. 12) Remove all sediment from the buffer and stream at the south side of array 18; repair/reinstall silt fence and outlets, and vegetatively stabilize. 13) Repair and re -stabilize the drainage area behind basin 504; remove all sediment outside the LOD, in the buffer and stream. 14) Remove sediment from the silt fence and outlets at the south side of array 14; remove all sediment from outside the LOD, in the buffer and stream. Reported by: Kimberly Turney Date of inspection: July 06, 2022 Time arriving on site: 10:00 AM Time leaving site: 3:00 PM