HomeMy WebLinkAboutNCC230616_ESC Approval Submitted_20230307ROY COOPER
Governor.
ELIZABETH S. BISER
` y
Secretary
BRIAN WRENN
NORTH CAROLINA
Director
Environmental Quality
September 22, 2021
LETTER OF APPROVAL WITH MODIFICATIONS
Pine Gate Renewables, LLC
Attention: Ben Catt, CEO
130 Roberts St.
Asheville, NC 28801
RE: Project Name: Two Hearted Solar
Acres Approved: 20S
Project ID: YADKI-2022-003
County: Yadkin
City: East Bend
Address: Shady Grove Church Rd.
River Basin: Yadkin-PeeDee
Stream Classification: WS-IV
Submitted By: Kimley-Horn and Associates Inc.
Date Received by LQS: September 21, 2021
Plan Type: New
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
received, you will receive the COC via email. 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 Annette Lucas at Annette.lucas@ncdenr.gov or Paul
Clark at Paul.clark@ncdenr.gov. If the owner/operator of this project changes in the future, the
new responsible party is required to apply for his/her own COC.
D_E Q.,.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 271O3
ncvi�•:;nNEnir� n o.wmmem - m„nioWm 336.776.9800
Letter of Approval with Modifications
Pine Gate Renewables, LLC
September 22, 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,
Zachary Lentz, EI
Assistant Regional Engineer
Land Quality Section
Enclosures: Certificate of Approval
Modifications Required for Approval
NCG01 Fact Sheet
cc: Jennifer Lester, P.E. of Kimley-Horn and Associates Inc. (via e-mail)
WSRO file
Letter of Approval with Modifications
Pine Gate Renewables, LLC
September 22, 2021
Page 3 of 4
MODIFICATIONS REQUIRED FOR APPROVAL
Project Name: Two Hearted Solar
Project ID: YADKI-2022-003
County: Yadkin
Modifications pursuant to applicable North Carolina General Statutes and/or Regulations:
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. [15A NCAC 413.0118]
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 413.0106(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, LLC
September 22, 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/energy-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