NCC203779_ESC Approval Submitted_20200903

PLANNING & INSPECTIONS DEPARTMENT
Craig N. Benedict, AICP, Director
Engineering / Erosion
Control / Stormwater � 131 W. Margaret Lane
Suite 201
[phone] ORANGE COUNTY P. O. Box 8181
[phone] (FAX) NORTH C:AROLINA Hillsborough, NC 27278
www.orangecountync.gov
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Letter of Approval
Tuesday, August 11, 2020
Mr. Jeff Huntley
Pine Gate Renewables, LLC
130 Roberts Street
Asheville, NC 28801
Re: Erosion Control Plan Approval for Land -Disturbing Activity in Orange County, NC
Permit Number: LDP20-0035
Project Name: Oakwood Solar Farm, LLC
Parcel ID Number: 9835029137
To Person(s) Conducting Land Disturbing Activity:
Approval of the Erosion Control Plan for this site is hereby granted. This letter and its attached
conditions, approvals, comments and statements becomes part of the approved Erosion Control
Plan for this land -disturbing activity.
The land -disturbing permit (Erosion Control Permit) will be issued at the Pre -Construction
Conference. No timbering, grading, or other land -disturbing activities may occur prior to
this conference. Please read the attached Conditions of Approval carefully in order to understand
your responsibilities and liabilities. After reading the Conditions of Approval, please sign and
return the Letter of Acknowledgement provided. Failure to comply with the erosion control
requirements of the Orange County Unified Development Ordinance may result in a stop work
order, fines and/or penalties.
Sincerely,
Orange County Planning and Inspections Director
cbenedict@orangecountync.g
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PLANNING & INSPECTIONS DEPARTMENT
Craig N. Benedict, AICP, Director
Engineering / Erosion
Control / Stormwater � 131 W. Margaret Lane
Suite 201
[phone] ORANGE COUNTY P. O. Box 8181
[phone] (FAX) NORTH C:AROLINA Hillsborough, NC 27278
www.orangecountync.gov
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Conditions of Approval
Permit Number: LDP20-0035 Jurisdiction: Orange
County
Project Name: Oakwood Solar Farm, LLC PIN or TMBL: 9835029137
Approval Date: August 11, 2020
Approval Expires: February 11, 2022
Pine Gate Renewables, LLC is listed as the entity responsible on the Statement of Ownership
and Financial Responsibility form submitted for this site. (If you are not the owner/developer
or other responsible person, please take this opportunity to correct this error as soon as possible;
otherwise, you will be considered responsible.) Although you will probably contract someone
(a general contractor, grading contractor, subcontractor, etc.) to actually implement and
maintain the erosion control plan, it is your responsibility, according to the Orange County
Unified Development Ordinance, to see that the requirements of the Ordinance and approved
plan are achieved. It is also your responsibility to ensure the approved plan is successful in
containing sediment on -site and that all permanent erosion control measures are successful. If
these responsibilities are not fulfilled and enforcement and/or legal actions are taken, it will be
against Pine Gate Renewables, LLC, not the grading contractor or other contractor, unless they
are the same person or firm.
Erosion Control personnel will cooperate with you and your designer and contractor to
implement the approved plan and meet the Ordinance requirements. To accomplish this, both
you and your agents must take the initiative in contacts with Erosion Control personnel.
However, this interaction must not be interpreted as relieving you of any responsibilities and
transferring it to the contractor or Erosion Control personnel. Neither should it be construed
that Erosion Control personnel are acting as liaison between you and your designer,
contractors, or other agents. If problems arise, Erosion Control personnel will suggest solutions. -
however these are only suggestions, since Erosion Control personnel will not act as your
engineer. If necessary you must employ your engineer or architect to design a solution.
We will continue to work with you, your contractor, and designer, and we will contact
personnel at the site whenever possible to keep the site in compliance (as long as all of you are
responsive). If this approach fails, and you do not take the initiative in responding to requests
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Conditions of Approval
Revised 8/06/14
for compliance, you will be given written notices of violation and enforcement action will be
taken should you fail to respond by the specified deadlines. It is hoped, and is our commitment,
that the first approach to inspections and compliance will be successful and that a good
working relationship can be established and maintained.
In undertaking this land -disturbing activity, be aware of and observe the following
requirements of the Ordinance.
• PRIORITIES: Erosion and sediment control must be given equal, or greater if
necessary, priority with grading, construction, and other efforts to develop the site. At
certain times (for example, during initial construction and when repairs and
maintenance are required) erosion and sediment control will require more effort to
ensure success.
• EXPIRATION: Erosion control plan approval expires if work does not begin within
18 months of the date of this letter. The land -disturbing permit expires with the plan
approval or two years after work begins.
• THE WEATHER: Assume that this site will get at least one 6-hour, 10-year storm event
(0.67 inches/hour for 6 hours) and be prepared to handle the resulting runoff and
control the erosion it will cause on the site. If your site is located within the Neuse River
Basin, then erosion control measures are designed to withstand the 25-year storm.
• INITIATIVE: Pine Gate Renewables, LLC must take the initiative in implementing the
erosion control plan. This includes seeing that the construction sequence is followed,
inspecting the installed devices, performing maintenance and installing additional
devices when necessary. Do not wait for Erosion Control personnel to discover
problems; their function is not to act as your construction inspector but to spot-check the
site for compliance with the approved plan. When Erosion Control personnel discover
problems and there has been no initiative on your part to make corrections, you will be
expected to make corrections immediately, usually within one or two days.
• OTHER APPROVALS AND PERMITS: This project must comply with all local, State,
and Federal environmental laws. You must have all necessary applicable approvals (i.e.,
zoning compliance, Department of Transportation, US Army Corps of Engineers, NC
Division of Water Resources, sewer and water, etc.) required to begin this project so that
work can continue uninterrupted to completion and there are no delays that will
increase erosion and sediment generation. If these approvals are not obtained and work
is suspended while waiting for them, the site will have to be stabilized until work
resumes. If a Land -disturbing permit has not been obtained, it is your responsibility to
ensure that it is purchased before work begins.
• PROPERTY LINES, CLEARING LIMITS, ETC.: Pine Gate Renewables, LLC is
responsible for determining where the property lines and clearing limits are, and for
staying within those boundaries. You are also responsible for locating, and protecting
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Conditions of Approval
Revised 8/06/14
such things as setbacks, water quality buffers, absorption field sites, flood plains,
protected wetlands, undisturbed areas, trees to be saved, etc.
• PERFORMANCE: The Ordinance is performance oriented. If it is determined that
sediment damage (sediment lost off site or into streams, water bodies, or buffers) is
occurring despite proper implementation and maintenance of the approved plan, it is
your responsibility to provide additional sediment trapping and/or erosion control
measures. Although the plan has been carefully reviewed, unexpected difficulties may
be inevitable, and you must resolve them.
• RESTORATION OF AREAS DAMAGED BY SEDIMENT: You will be required to
restore waters and land affected if you fail to prevent sediment damage resulting from
this activity. This is in addition to any other penalty or injunctive relief.
• CHANGES TO THE PLANS OR IN OWNERSHIP: If significant changes are required
to the approved plan, then you must have your designer make revisions and submit
copies to the Division upon request. If the site plan is revised in any way that affects
erosion and sediment control, you must inform us and submit revised plans. If
ownership of this project changes and responsibility is transferred to another person,
you or the new owner must inform us in writing with pertinent information such as
contact name, address, telephone and fax numbers. Otherwise, Pine Gate Renewables,
LLC will be considered responsible. If you did not supply this office with the names and
addresses of all members of your partnership you are responsible for supplying them
with copies of this letter and any other correspondence from this office related to this
project.
• COMPLETION OF DISTURBANCE IN AS SHORT A TIME AS POSSIBLE:
Sediment -trapping devices are not 100% effective in removing soil particles from runoff.
Therefore, the Ordinance requires that all land -disturbing activities be planned and
conducted to limit exposure to the shortest feasible time. To accomplish this requirement
construction must be continuous and uninterrupted until completion and permanent
stabilization. If construction is interrupted or delayed or the project is abandoned, the
site must be stabilized with adequate ground cover.
• PROVIDE YOUR CONTRACTORS WITH A COPY OF THE APPROVED PLAN:
Make sure your contractor has a copy of the approved erosion control plan, has
considered it in their bid, and is prepared to proactively implement the plan. If phases of
the plan will be conducted by different subcontractors, Pine Gate Renewables, LLC
must ensure that their efforts are coordinated so that the approved plan is followed. For
example: if the clearing and installation of the sediment trapping devices will be done by
different contractors, the clearing must not get ahead of construction of the devices. As
stated in the approved plan, the initial clearing must be limited to only that area
necessary to gain access to and install the erosion and sediment control devices.
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Conditions of Approval
Revised 8/06/14
• COORDINATION BETWEEN CONTRACTORS AND SUBCONTRACTORS: You
must ensure that sediment and erosion control is coordinated during timbering,
clearing, grading, and construction so that controls and devices are maintained and not
removed or damaged. If this site is subject to NCG010000, you must adhere to all
applicable requirements of that NPDES permit. More on NCGO10000 requirements are
mentioned below.
• KEEP A COPY OF THE APPROVED PLAN ON THE SITE: The plan must be available
to the contractor and inspection personnel. Failure to do so is a violation.
• DISPOSAL OF CLEARING AND DEMOLITION DEBRIS AND CONSTRUCTION
WASTE: All debris and waste resulting from development of the site (stumps, brush,
demolished structures, construction waste, etc.) must be properly disposed of in
accordance with local and State regulations. Open burning of trees, limbs, stumps, and
construction debris is prohibited. Concrete, stumps and other clearing debris and
construction waste must be carried to appropriately permitted landfills.
• SITE INSPECTIONS: The Ordinance authorizes Erosion Control personnel to enter the
site for the purpose of investigation and inspection. Erosion Control personnel will
periodically inspect the site to determine if the approved plan is being implemented and
if it is successful. If problems or violations are found, the Erosion Control personnel will
attempt to contact site personnel to discuss with them and arrange corrections within a
specified time. Also, a written site inspection report will be left with site personnel, in
the mailbox on -site, or transmitted in another manner. If you, or your contractor, have
questions about the inspection report, contact the Erosion Control personnel
immediately - do not wait until the deadline to start asking questions.
• COMMUNICATIONS: In addition to leaving inspection reports on -site, a copy will be
mailed and/or faxed to Pine Gate Renewables, LLC. As the entity responsible for the
land -disturbing activity, you should ensure compliance with the approved erosion
control plan and see that your contractor corrects violations by the given deadline.
Erosion Control personnel are generally in their offices and available by phone between
8:00 and 9:00 a.m. and 4:30 and 5:00 p.m., and have mobile phones as well. Feel free to
contact them with any questions or concerns.
• PERSONNEL, EQUIPMENT, AND MATERIALS MUST BE AVAILABLE FOR
MAINTENANCE AND REPAIRS AT ALL TIMES: Maintenance is a critical element of
the erosion control plan needed to ensure that devices continue to operate effectively.
You must be prepared to work on the devices when the need arises. In order to do this,
you may consider stockpiling certain materials such as stone, sediment fence and wire,
etc.
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Conditions of Approval
Revised 8/06/14
• PREPARING FOR WORK: Before beginning the project, be certain that all necessary
materials, such as skimmers, riser structures, pipes, etc., are available and ready for
delivery or already on site.
• ENFORCEMENT ACTIONS: If there is inadequate response to a verbal request or
Notice of Violation, or you fail to properly implement the approved plan, enforcement
action will be taken against the Pine Gate Renewables, LLC to bring the site into
compliance. Actions may include:
Stop Work Orders: All work not directly related to erosion and sediment control
and bringing the site into compliance, including building construction, must cease
until the site is brought into compliance.
Revocation of the Land -disturbing Permit: All work not directly related to erosion
and sediment control and bringing the site into compliance, including building and
home construction, must cease until the site is brought into compliance and another
permit is issued.
Fines: Up to $5000 per day may be assessed. Fines are the responsibility of Pine
Gate Renewables, LLC, not your contractor.
Injunctive Relief: Legal action will be initiated in Superior Court to restrain the
violation and bring the site into compliance.
• STABILIZATION: Disturbed areas must be stabilized within 7 or 14 calendar days of
termination / completion of any phase of grading per the following guidelines by a
temporary / permanent ground cover sufficient to restrain erosion.
Perimeter dikes, swales, ditches, and slopes - 7 days
High Quality Water Zones - 7 days
Slopes 2:1 or steeper - 7 days
Slopes between 2:1 and 3:1 greater than 10' in length - 7 days
Slopes between 2:1 and 3:1 less than 10' in length -14 days
Slopes between 3:1 and 4:1 less than 50' in length -14 days
Slopes between 3:1 and 4:1 greater than 50' in length - 7 days
Slopes flatter than 4:1 -14 days
As long as grading is not suspended more than the specified time period, the disturbed
areas do not have to be stabilized until final grade is reached. However, if work is
delayed or suspended for more than the specified time period and you are given a
written notice to stabilize it, grading the area again does not allow you to disregard the
notice. If an area is to be worked again, it must be graded and stabilized by the given
deadline. When construction is completed, all disturbed areas must have a permanent,
stabilizing ground cover applied within the specified time period.
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Conditions of Approval
Revised 8/06/14
The intent of this requirement is to limit erosion by completing the disturbance and
stabilizing disturbed areas in as short a time as possible. To avoid stabilizing the same
area several times, schedule work so that grading and other construction are
coordinated. When a particular area is finished, permanently stabilize it immediately
instead of waiting until the end of the project to stabilize the entire site at once.
• SUCCESS OF PERMANENT MEASURES: These measures (vegetation, other types of
stabilization, channel linings, energy dissipaters, etc.) must be successful in restraining
erosion. For example: If an annual plant (such as annual ryegrass) is used instead of a
perennial for permanent stabilization, it is the responsibility of the owner to reseed and
establish a permanent vegetative cover when the annual fails after one season. If
vegetation in a ditch or channel fails to survive and establish a permanent cover so that
erosion is restrained, then some other type of lining, such as matting or stone, must be
provided by the owner.
• MAINTENANCE OF PERMANENT MEASURES: Maintenance is the responsibility of
the owner except those measures in a street or utility right-of-way accepted by a
government agency.
• APPEALS: You have the right to appeal the following: disapproval of the erosion
control plan; modifications to the erosion control plan; any conditions of approval; and
enforcement actions. Procedures are outlined in Section 2.26 of the Ordinance. Hearings
are conducted by the North Carolina Office of Administrative Hearings.
• NCGO10000: As of April 1, 2019, all new construction activities are required to complete
and submit an electronic Notice of Intent (NOI) form requesting a Certificate of
Coverage (COC) under the NCGO10000 Construction Stormwater General Permit. This
form MUST be submitted prior to the commencement of any land disturbing activity on
the above named project. The NOI form may be accessed at deq.nc.gov/NCG01. Please
direct questions about the NOI form to Annette Lucas at [e-mail] or
Paul Clark at [e-mail]. After you submit a complete and correct NOI
Form, a COC will be emailed to you within three business days. Initially, DEMLR will
not charge a fee for coverage under the NCG01 permit. However, on or after May 1,
2019, a $100 fee will be charged annually. This fee is to be sent to the DEMLR
Stormwater Central Office staff in Raleigh.
Title 15A NCAC 4B .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 30 days.
Conditions of Approval Particular to this Site
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Conditions of Approval
Revised 8/06/14
Several conditions specific to this project must be met as conditions of approval for the erosion
control plan, before any work may begin. These are discussed below.
1. LAND -DISTURBING PERMIT: A Land -disturbing Permit must be purchased before
any work begins. Failure to do so will subject you to enforcement actions that may
include civil penalties of up to $5,000.00 per day, beginning on the date of detection and
continuing until the violations are corrected. It is your responsibility to ensure that the
Permit is purchased. In addition to the Permit fee, if applicable, the stormwater fee and
plan review fee must be paid in full. The remaining fees to be paid for this project total
$39,712.
2. BEFORE any land -disturbing activiiy can begin you must acknowledge in writing that
you have read this letter, understand its requirements and implications, and are
prepared to ensure that you, your contractors, agents, etc. will observe these
requirements. A letter of acknowledgment is included.
3. This approval is based upon plan dated 8/3/2020, which indicates a maximum
disturbed area of 32 Acres.
4. Contact Steve Kaltenbach at [phone] to schedule the pre -construction conference.
Typical attendees are the Owner and/or Representatives, Erosion Control Design
Engineer, General Contractor and Grading Contractor.
We look forward to working with you toward the successful completion of this project. If you
have questions about this letter or project, do not hesitate to contact Erosion Control personnel
at the telephone number in the letterhead.
Failure to appeal these conditions in writing within 15 days after receipt of this letter, or
initiation of land -disturbing activity, signifies your acceptance of these conditions of approval of
the erosion control plan and your intention to observe and implement the conditions.
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Conditions of Approval
Revised 8/06/14
Letter of Acknowledgement
Engineering / Erosion Control / Stormwater Division
Orange County Planning and Inspections
Post Office Box 8181
Hillsborough, NC 27278
Re: Acknowledgment of Receipt and Reading of Letter of Erosion Control Plan Approval for:
Project Name: Oakwood Solar Farm, LLC
Permit Number: LDP20-0035
Parcel Number: 9835029137
To whom it may concern:
I, a person with authority to execute instruments for Oakwood Solar Farm, LLC, acknowledge
that I have received this letter and the Conditions of Approval attachment, have read them,
understand the requirements, and am prepared to ensure that my contractors, agents, etc. will
observe these requirements and the approved erosion control plan. I also acknowledge that I
am ultimately responsible for compliance with the approved erosion control plan and the
Ordinance, and for ensuring that the plan is successfully implemented.
Please note that this site may have additional requirements regarding stormwater runoff during
construction as noted below:
Signature
Please Print Name and Title Legibly
Date
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