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Home My WebLink About20161217 Ver 2_E & S Approval_20180323Energy, Mineral and Land Resources ENVIRONMENTAL QUALITY March 23, 2018 LETTER OF APPROVAL WITH MODIFICATIONS AND PERFORMANCE Duke Energy Renewables NC Solar, LLC ATTN: Mr. Tom McNay, Vice President 550 South Tryon Street Charlotte, North Carolina 28202 ROY COOPER Govemnr MICHAEL S. REGAN secretary WILLIAM E. (TOBY) VINSON, JR Interim Director RESENS �ry RE: Erosion and Sedimentation Control Plan No. Berti-2014-003 Project Name: Windsor Solar Project Location: NC 308 County: Bertie River Basin: Roanoke Date Received by LQS: March 15, 2018 Acres Approved: 60.2 Project Type: Revised Project Description: Grading associated with wetland restoration activities within the existing limits of disturbance, as shown on the plans received by this office on March 15, 2018. Dear Sir: This office has reviewed the subject erosion and sedimentation control plan. We find the plan to be acceptable and hereby issue this Letter of Approval. (NOTE: Attached is a list of modifications and performance reservations for conducting this land disturbing activity) This plan approval shall expire three (3) years following the date of approval, if no land -disturbing activity has been undertaken, as required by 15A NCAC 4B.0129, unless modified by other legislation. Please be advised that 15A NCAC 413.0118(a) requires that a copy of the approved erosion and sedimentation control plan be on file at the job site. Also, you should consider this letter as giving 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 through the use of reasonable and appropriate Best Management Practices throughout the course of the project. 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 (G.S. 113A-51 through 66), this office may require revisions to the plan and implementation of the revisions to ensure compliance with the Act. State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources Washington Regional Office 1943 Washington Square Mall I Washington, NC 27889 252-9466491 T Duke Energy Renewables NC Solar, LLC ATTN: Mr. Tom McNay, Vice President March 23, 2018 Page 2 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/Ownership Form, which you have submitted. You are required to file an amended form if there is any change in the information included on the form. NOTE: Neither this approval nor the financial responsibility/liability cited in it automatically transfer with a change in project ownership. In addition, 15A NCAC 411.0127(c) requires that you notify this office of the proposed starting date for this project (using the enclosed Project Information Sheet). Please notify us if you plan to have a preconstruction conference. Please be advised that all land -disturbing activities affecting 1 or more acres are required to have a (Federal) NPDES permit. The original letter of approval was accompanied by the Construction Activities General NPDES Permit - NCGO10000 for this project. The responsibility for understanding and complying with this permit rests with you, the financially responsible party. Sincerely, Richard Peed, CPESC Regional Engineering Associate Enclosures cc w/o enc: ;chael J. Morway, P.E., Albemarle & Associates aR0 Surface Water Operation Section Supervisor, Division of Water Resources Erosion and Sedimentation Control Plan No. Berti-2014-003 Project Name: Windsor Solar Project March 23, 2018 Modifications and Performance Reservations Page 1 1. The developer is responsible for the control of sediment on -site. If the approved erosion and sedimentation control measures prove insufficient, the developer must take those additional steps necessary to stop sediment from leaving this site (NCGS 113A-57(3)). Each sediment storage device must be inspected after each storm event (NCGS 113A- 54.1(e)). Maintenance and/or clean out is necessary anytime the device is at 50% capacity. All sediment storage measures will remain on site and functional until all grading and final landscaping of the project is complete (15A NCAC 04B .0113). 2. All existing ditches on this project site are assumed to be left undisturbed by the proposed development unless otherwise noted. The removal of vegetation within any existing ditch or channel is prohibited unless the ditch or channel is to be regarded with side slopes of 2 horizontal to 1 vertical or less steep (15A NCAC 04B .0124 (d)). Bank slopes may be mowed, but stripping of vegetation is considered new earth work and is subject to the same erosion control requirements as new ditches (NCGS 113A-52(6)). 3. The developer is responsible for obtaining all permits and approvals necessary for the development of this project prior to the commencement of this land disturbing activity. This could include our agency's Stormwater regulations and the Division of Water Resources' enforcement requirements within Section 401 of the Clean Water Act, the U.S. Army Corps of Engineers' jurisdiction of Section 404 of the Clean Water Act, the Division of Coastal Management's CAMA requirements, the Division of Solid Waste Management's landfill regulations, the Environmental Protection Agency and/or The U.S. Army Corps of Engineers jurisdiction of the Clean Water Act, local County or Municipalities' ordinances, or others that may be required. This approval cannot supersede any other permit or approval. 4. Adequate and appropriate measures must be properly installed downstream, within the Inuits of disturbance, of any land disturbing activity to prevent sediment from leaving the limits of disturbance, entering existing drainage systems, impacting an on -site natural watercourse or adjoining property. (NCGS 113A-57)