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HomeMy WebLinkAboutSW7140803_Final Permit_20140825NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor August 25, 2014 Strata Solar Development, LLC Attn.: Mr. Markus Wilhelm, CEO 50101 Governors Drive, Suite 280 Chapel Hill, NC 27517 Subject: Permit No. SW7140803 Lewiston Solar Electric Power Plant Low Density Stormwater Project Berne County Dear Mr. Wilhelm: John E. Skvarla, III Secretary The Washington Regional Office received a complete Stormwater Management Permit Application for Lewiston Solar Electric Power Plant project on August 12, 2014. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW7140803 dated August 25, 2014, for the construction of the subject project. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein, and does not supercede any other agency permit that may be required. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact me at (252) 946-6481. Sincerely, Samir Dumpor, PE Environmental Engineer _PHM/sd: G:\LR\SWP\SD\Permits-Low Density\SW7140803 cc: Benjamin Palmer, PE, Davis -Martin -Powell, (6415 Old Plank Road, High Point, NC 27265) Bertie County Inspections Washington Regional Office Division of Energy. Mineral, and Land Resources . Land Quality Section Washington Regional Office 943 Washington Square Mall, Washington, North Carolina 27889 • Phone: 252-946-6481/ FAX: 252-975-3716 Internet: htto://poaal.ncdenr.org/web/ir/land-guality An Equal Opportunity \ Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES STORMWATER MANAGEMENT PERMIT LOW DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143 General Statutes of North Carolina as amended, and other applicable Laws, Rules and Regulations PERMISSION IS HEREBY GRANTED TO Strata Solar Development, LLC Lewiston Solar Electric Power Plant FOR THE construction, operation and maintenance of a low density project in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications, and other supporting data as attached and on file with and approved by the Division of Energy, Mineral, and Land Resources (Division) and considered a part of this permit. The Permit shall be effective from the date of issuance until rescinded and shall be subject to the following specific conditions and limitations: L DESIGN STANDARDS 1. This permit covers the construction of up to 24% of build -upon area on this 45.88 acres tract of land.. 2. The overall tract built -upon area percentage for the project must be maintained at or below 24%, as required by Section 2H .1005 of the stormwater rules. 3. Approved plans and specifications for projects covered by this permit are incorporated by reference and are enforceable parts of the permit and shall be kept on file by the permittee at all times. 4. The only runoff conveyance systems allowed will be vegetated conveyances such as swales with minimum side slopes of 3:1 (H:V) as defined in the stormwater rules and approved by the Division. 5. No piping is allowed except that minimum amount necessary to direct runoff beneath an impervious surface such as a road or to provide access. 6. The built -upon areas associated with this project shall be located at least 50 feet landward of all perennial and intermittent streams or other surface waters. Page 2 of 5 II. SCHEDULE OF COMPLIANCE 1. The permittee is responsible for verifying that the proposed built -upon area does not exceed the allowable built -upon area. 2. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. 3. This project may not be sold or subdivided in whole or in part without first receiving a permit modification from the Division. 4. Prior to the subdivision and/or sale of this project, in whole or in part, the following deed restrictions must be recorded with the Office of the Register of Deeds: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW7140803, as issued by the Division of Energy, Mineral, and Land Resources under NCAC 2H.1000. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit., C. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Energy, Mineral, and Land Resources. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Energy, Mineral, and Land Resources. f. This project is permitted for a maximum of 24% of built -upon area. Construction of additional built -upon area in excess of this amount will require a permit modification. g. This project may not be sold or subdivided, in whole or in part, without first receiving a permit modification from the Division. h. Construction of additional impervious areas such that low -density requirements are no longer met will require a permit modification prior to construction. An engineered system will be required to collect and treat the runoff from all built -upon area associated with the project, including that area permitted under the low density option. i. Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with this development, except for average driveway crossings; is strictly prohibited by any persons. j. The built -upon areas shall be located a minimum of 50 feet landward of all perennial and intermittent surface waters. 5. A copy of the recorded restrictions must be received in this Office within 30 days of the date of sale. 6. Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with the permitted development, except for average driveway crossings, is strictly prohibited by any persons. Page 3 of 5 7. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to the approved plans, regardless of size. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built -upon area. e. Further subdivision, acquisition, or sale of the project area in whole or in part. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval was sought. f. Filling in, altering or piping any vegetative conveyance shown on the approved plan. 8. Swales and other vegetated conveyances shall be constructed in their entirety, vegetated, and be operational for their intended use prior to the construction of any built -upon surface. 9 During construction, erosion shall be kept to a minimum and any eroded areas of the swales or other vegetated conveyances will be repaired immediately. 10 The permittee shall at all times provide the operation and maintenance necessary to operate the permitted stormwater management systems at optimum efficiency to include: a. Inspections b Sediment removal. C. Mowing, and re -vegetating of the side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans and specifications. 11. Within 30 days of completion of the project, the permittee shall certify in writing that the project has been constructed in accordance with the approved plans. 12. The permittee shall submit all information requested by the ,Director or his representative within the time frame specified in the written information request. III. GENERAL CONDITIONS This permit is not transferable to any person or entity except after notice to and approval by the Director. The Director may require modification or revocation and re -issuance of the permit to change the name and incorporate such other requirements as may be necessary. In the event of a name or ownership change, a completed Name/Ownership Change form, signed by both parties, must be submitted to the Division accompanied by the supporting documentation as listed on page 2 of the form. The approval of this request will be considered on its merits, and may or may not be approved. 2. The permittee is responsible for compliance with all permit conditions until the Director approves a transfer of ownership. Neither the sale of the project nor the transfer of common areas to a third party, such as a homeowner's association, constitutes an approved transfer of the stormwater permit. Page 4 of 5 3. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes 143-215.6A to 143-215.6C. 4. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Session Law 2008- 211 and Title 15A NCAC 21-1.1000 of the North Carolina Administrative Code, Subchapter 2H.1000; and North Carolina General Statute 143-215.1 et. al. 5. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by the Division, such as the construction of additional or replacement stormwater management systems. 6. The permittee grants permission to DENR Staff to enter the property during normal business hours, for the purpose of inspecting all components of the stormwater management facility. 7. The permit issued shall continue in force and effect until revoked or terminated. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and re -issuance, or termination does not stay any permit condition. Unless specified elsewhere, permanent seeding requirements for the swales must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual 9. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 10. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state and federal), which have jurisdiction. 11. The permittee shall notify the Division in writing of any name, ownership or mailing address changes at least 30 days prior to making such changes. Permit issued this the 25th day of August, 2014. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION _______ �1-�__�L f/NC�.�!. �_� ___ ___________ for Tracy EU Davis, PE, CPM Division of Energy, Mineral, and Land Resources By Authority of the Environmental Management Commission Permit No. SW7140803 Page 5 of 5