HomeMy WebLinkAbout20220227 Ver 1_More Info Requested_202203181
Anderson, Mitchell L
From:Anderson, Mitchell L
Sent:Friday, March 18, 2022 11:44 AM
To:'cwhaley@sundancepower.com'
Subject:DWR 22-227 Blumenstein, 4912 Rio De Luna - Solar_ Request for Additional Information
Hello Connor,
Thank you for receiving my call today to discuss the subject project and the application deficiencies listed below.
If this parcel predates June 30, 2001, the installation of solar panels in Zone 1 of the Catawba buffer will fall under 15A
NCAC 02B .0614(10)(q)(ii) of the table of uses.
(ii) Uses in Zone 1 provided that the ground is stabilized and Item (8) of this Rule is complied with are deemed
allowable upon authorization.
http://reports.oah.state.nc.us/ncac/title%2015a%20‐%20environmental%20quality/chapter%2002%20‐
%20environmental%20management/subchapter%20b/15a%20ncac%2002b%20.0614.pdf
The placement of solar panels in Zone 1 of the Catawba Buffer is not an exempt activity but is allowable upon
authorization if it complies with the stormwater dispersed flow requirements detailed in Item (8) of this Rule.
As discussed over the phone, a vegetative strip along the dripline of the panels would satisfy this requirement. Below is
a list of recommended plants. Please note this list in not all inclusive and may be substituted for other non‐invasive
plants.
grey owl juniper,
ilex glabra (inkberry),
growlow sumac,
virginia sweetspire
On February 08, 2022, the Division of Water Resources (Division) received your application requesting approval from the
Division for activities within a protected riparian buffer at the subject project. The Division has determined that your
application is incomplete and cannot be processed. The application is on‐hold until all of the following information is
received:
1. Per the Catawba Riparian Buffer Rule, you must show that this site achieves dispersed flow requirements.
Please provide details on how stormwater flow will be dispersed so that they do not erode through the
riparian buffer and do not cause erosion to the receiving waterbody. [15A NCAC 02B .0614(8)]
2. The impact table within the Riparian Buffer authorization submitted on February 08, 2022, indicates no
impacts to the Catawba Buffer. Please provide to the Division an updated impact table that indicates the
permanent and any temporary impacts associated with your project. [15A NCAC 02H .0502(c) and
.0506(b)(3)]
Pursuant to Title 15A NCAC 02H .0502(e), the applicant shall furnish all of the above requested information for the
proper consideration of the application. Please respond in writing within 30 calendar days. If all of the requested
information is not received within 30 calendar days of receipt of this letter, the Division will be unable to approve the
application and it will be denied as incomplete. The denial of this project will necessitate reapplication to the Division
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for approval, including a complete application package and the appropriate fee. Please be aware that you have no
authorization under the Section 401 of the Clean Water Act for this activity and any work done within waters of the
state may be a violation of North Carolina General Statutes and Administrative Code.
Mitchell Anderson
Environmental Specialist – Asheville Regional Office
Water Quality Regional Operations Section
NCDEQ – Division of Water Resources
2090 U.S. Hwy. 70
Swannanoa, N.C. 28778
828-296-4662 office
mitchell.anderson@ncdenr.gov
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties