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HomeMy WebLinkAboutSW4220502_Cover Letter & Permit_20220802ROY COOPER Governor ELIZABETH S. BISER Secretary BRIAN WRENN Dire<'tor NORTH CAROLINA Environmental Quality August 2, 2022 Snow Camp Solar, LLC Attn: Vladimir Slufrin - Director 5310 S. Alston Ave. Bldg 300 Durham, NC 27713 Subject: State Stormwater Management Permit No. SW4220502 Snow Camp Solar, LLC Low Density Project Alamance County Dear Vladimir Shifrin The Washington Regional Office received a complete State Stormwater Management Permit Application for the subject project on May 9, 2022. Staff review of the plans and specifications has determined that the project, as propposed, complies with the Stormwater Regulations set forth in 15A NCAC 2H.1000 amended on Januaarryy 1, 2017 (2017 Rules). We are hereby forwarding Permit No. SW4220502 dated August 2, 2022, for the construction of the built -upon areas (BUA) and vegetated conveyances associated with the subject project. This permit shall be effective from the date of issuance until rescinded and the project shall be subject-to-the-conditions-and-limitations-as-specified-therein-and-does-not-supersed'e-any-other— agency permit that may be required. Failure to comply with these requirements will result in future compliance problems. Please note that this permit is not transferable except after notice to and approval by the Division. This cover letter, attachments, and all documents on file with DEMLR shall be considered part of this permit and is herein incorporated by reference. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing by filing a written petition with the Office of Administrative Heanngs (OAH). The written petition must conform to Chapter 150B of the North Carolina General Statutes and must be filed with the OAH within thirty (30) days of receipt of this permit. You should contact the OAH with all questions re&arding the filing fee (if a filing fee is reqquired) and/or the details of the filing process at 6714 Mail Service Center, Raleigh, NC 27699-6714, or via telephone at 919-431-3000, or visit their website at www.NCOAH.com. Unless such demands are made this permit shall be final and binding. If you have any questions concerning this permit, please contact Carl Dunn in the Washington Regional Office, at (252) 948-3959 or carl.dunn@ncdenr.gov. Sincerely; & a� William Carl Dunn, PE Division of Energy, Mineral and Land Resources Enclosures: Attachment A — Designer's Certification Form Application Documents cc: Mario Carreon — Cypress Creek Renewables (mario.cmeon@ccrenew.com) Alamance County Inspection — Tonya Caddle (tonya.caddle@alamance-ne.com) Washington Regional Office Stormwater File Raleigh Central Office If D _E QJ� North Carolina Department of Environmental Quality I Division of Energy. Mineral and Land Resources Washington Regional Office 1 943 Washington Square Mall I Washington, North Carolina 27889 camcv��uru 252.946.6481 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RESOURCES STATE STORMWATER MANAGEMENT PERMIT LOW DENSITY DEVELOPMENT In compliance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations promulgated and adopted by the North Carolina Environmental Management Commission, including 15A NCAC 02H.1000 amended on January 1, 2017 (2017 Rules) (the "stormwater rules"), PERMISSION IS HEREBY GRANTED TO Snow Camp Solar, LLC 9200 Snow Camp Rd, Snow Camp, Alamance County FOR THE construction, management, operation and maintenance of built -upon area (BUA) for a 24% low density project (the "low density area") discharging to Class WS-V;NSW waters as outlined in the application, approved stormwater management plans, supplements, calculations, operation and maintenance agreement, recorded documents, specifications, and other supporting data the "approved plans and specifications") as attached and/or on file with and approved by the Division of Energy, Mineral and Land Resources (the "Division" or "DEMLR"). The project shall be constructed, operated and maintained in accordance with these approved plans and specifications. The approved plans and specifications are incorporated by reference and are enforceable parts of this permit. This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations. The permit issued shall continue in force and effect until the permittee files a request with the Division for a permit modification, transfer, or rescission; however, these actions do not stay any condition. 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 for cause as allowed by the laws, rules, and regulations contained in 15A NCAC 2H.1000 and NCGS 143-215.1 et.al. 1. BUA REQUIREMENTS. The maximum amount of BUA allowed for the entire project is 48,783 square feet. The BUA requirements and allocations for this project are as follows: a. LOW DENSITY AREA BUA LIMITS. The low density area, also referred to as Drainage Area 1 in the approved plans and specifications, must not exceed 24% per the requirements of the stormwater rules. Within Drainage Area 1, this permit approves a percent BUA of 4.42% and the construction of a total of 48,783 square feet of BUA. Drainage Area 1 does not include any allocation for future BUA. 2. PERVIOUS AREA IMPROVEMENTS. The following types of improvements are included in the project and considered pervious per the stormwater rules: a. SOLAR FARM. In order for the solar panels to be considered a pervious surface, all of the recommendations of Chapter E-4 of the Stormwater Design Manual must be met. This solar farm has proposed a variation to the recommendations in Chapter E-4 of the Stormwater Design Manual, which includes falling short of the 80% recommended disconnection length by 7.4 % but has been found to qualify as a pervious surface due to the panels being significantly lower than the 10 foot height threshold to prevent any erosion and scouring along the drip line. 3. LOW DENSITY AREA REQUIREMENTS. The low density area requirements for this project are as follows: a. LOW DENSITY AND CONVEYANCE DESIGN. The low density area is permitted based on the design criteria presented in the sealed, signed and dated supplement and as shown in the approved plans and specifications. This low density area and conveyances must be provided and maintained at the design condition. amounts of piping under driveways and roads is allowed within fhe low density area when it cannot be avoided. No additional piping is allowed. c. DISPERSED FLOW. The low density area has maximized dispersed flow of stormwater runoff through vegetated areas and minimized the channelization of flow. d. VEGETATED CONVEYANCES. Stormwater runoff that could not be released as dispersed flow may be transported by vegetated conveyances with minimum side slopes of 3:1 (H:V) designed to not erode during the peak flow from the 10-year storm event as defined in the stormwater rules and approved by the Division. 4. STORMWATER OUTLETS. This project does not propose any discharge points and therefore will not have the opportunity to cause erosion during the 10-year storm event 5. VEGETATED SETBACKS. A 30-foot wide vegetative setback must be provided and maintained in grass or other vegetation adJ'acent to all surface waters as shown on the approved plans. The setback is measured horizontally from the normal pool elevation of impounded structures, from the top of bank of each side of streams or rivers, and from the mean high waterline of tidal waters, perpendicular to the shoreline. a. BUA IN THE VEGETATED SETBACK. BUA may not be added to the vegetated setback except as shown on the approved plans or in the following instances where the BUA has been minimized and channelizing runoff from the BUA is avoided: i. Water dependent structures; and ii. Minimal footprint uses such as poles, signs, utility appurtenances, and security lights that cannot practically be located elsewhere. 6. RECORDED DOCUMENT REQUIREMENTS. The stormwater rules require the following documents to be recorded with the Office of the Register of Deeds: a. ACCESS AND/OR EASEMENTS. The entire stormwater conveyance system and maintenance accesses must be located in public rights -of -way, dedicated common areas that extend to the nearest public right-of-way, and/or permanent recorded easements that extend to the nearest public right-of-way for the purpose of inspection, operation, maintenance, and repair. b. OPERATION AND MAINTENANCE AGREEMENT. The operation and maintenance agreement must be recorded with the Office of the Register of Deeds. c. FINAL PLATS. The final recorded plats must reference the operation and maintenance agreement and must also show all public rights -of -way, dedicated common areas, and/or permanent drainage easements, in accordance with the approved plans. 7. MODIFICATIONS. No person or entity, including the permittee, shall alter any component shown in the approved plans and specifications. Prior to the construction of any modification to the approved plans, the permittee shall submit to the Director, and shall have received approval for modified plans, specifications, and calculations including, but not limited to, those listed below. For changes to the project that required and a copy must be submitted to the appropriate DEQ regional office upon completion of the modification. a. Any modification to the approved plans and specifications, regardless of size including the BUA, details, etc. b. Redesign or addition to the approved amount of BUA or to the drainage area. c. Further development, subdivision, acquisition, lease or sale of any, all or part of the project and/or property area as reported in the approved plans and specifications. d. Altering, modifying, removing relocating, redirecting, regrading, or resizing of any component( the approved stormwater collection system and/or vegetative conveyance shown on the approved plan' e. The construction of any allocated future BUA. f. The construction of any permeable pavement, #57 stone area, public trails, or landscaping material to be considered a permeable surface that were not included in the approved plans and specifications. g. Other modifications as determined by the Director. 8. CONSTRUCTION. During construction, erosion shall be kept to a minimum and any eroded areas of the on -site stormwater system will be repaired immediately. a. PROJECT CONSTRUTION, OPERATION AND MAINTNEANCE. During construction, all operation and maintenance for the project and stormwater system shall follow the Erosion Control Plan requirements until the Sediment -Erosion Control devices are no longer needed. b. FINAL GRADING. The vegetated areas and vegetated conveyances shall be entirely constructed and vegetated. Once the final grading is completed and the site is stabilized, the permittee shall provide and perform the operation and maintenance as outlined in the applicable section below. 9. DESIGNER'S CERTIFICATION. Upon completion of the project, the permittee shall determine if the project is in compliance with the approved plans and take the necessary following actions. a. If the permittee determines that the project is in compliance with the approved plans, then within 45 days of completion, the permittee shall submit to the Division one hard copy and one electronic copy of the following; The completed and signed Designer's Certification provided in specnications. veviations may require approvar rrom the uwisron; ii. A copy of the recorded operation and maintenance agreement; iii. Unless already provided, a copy of the recorded deed restrictions and protective covenants; and iv. A copy of the recorded plat delineating the public rights -of -way, dedicated common areas and/or permanent recorded easements, when applicable b. If the permittee determines that the project is not in compliance with the approved plans, the permittee shall submit an application to modify the permit within 30 days of completion of the project or provide a plan of action, with a timeline, to bring the site into compliance. 10. OPERATION AND MAINTENANCE. The permittee shall provide and perform the operation and maintenance necessary, as listed in the signed operation and maintenance agreement to assure that all components of the permitted on -site stormwater system are maintained at the approved design condition. The approved operation and maintenance agreement must be followed in its entirety and maintenance must occur at the scheduled intervals. a. CORRECTIVE ACTIONS REQUIRED. In the event that the low density area fails to meet the requirements of low density, the permittee shall take immediate corrective actions. This includes actions required by the Division and the stormwater rules such as the construction of additional or replacement on -site stormwater systems. These additional or replacement measures shall receive a permit from the Division prior to construction. b. MAINTENANCE RECORDS. Records of maintenance activities must be kept and made available upon request to authorized personnel of the Division. The records will indicate the date, activity, name of person performing the work and what actions were taken. 11. CURRENT PERMITTEE NAME OR ADDRESS CHANGES. The permittee shall submit a completed Permit Information U date A lication Form to the Division within 30 days to making any one or more of the following changes: b. A name change of the current permittee; c. A name change of the project; d. A mailing address change of the permittee. 12. TRANSFER. This permit is not transferable to any person or entity except after notice to and approval by the Director. Neither the sale of the project and/or property, in whole or in part, nor the conveyance of common area to a third party constitutes an approved transfer of the permit. a. TRANSFER REQUEST. The transfer request must include the appropriate apppplication, documentation and the processing fee as outlined in 15A NCAC 02H.1045 (2) and must be submitted upon occurrence of any one or more of the following events: i. The sale or conveyance of the project and/or property area in whole or in part; ii. Dissolution of the partnership, corporate, or LLC entity, subject to NCGS 55-14-05 or NCGS 57D-6-07 and 08; iii. Bankruptcy; iv. Foreclosure, subject to the requirements of Session Law 2013-121; b. TRANSFER INSPECTION. Prior to transfer of the permit, a file review and site inspection will be conducted by Division personnel to ensure the permit conditions have been met and that the project and the on -site stormwater system complies with the permit conditions. Records of maintenance activities performed to date may be requested. Projects not in compliance with the permit will not be transferred until all permit and/or general statute conditions are met. 13. COMPLIANCE. The permittee is responsible for complying with the terms and conditions of this permit and the approved plans and specifications until the Division approves the transfer request. a. REVIEWING AND MONITORING FOR COMPLIANCE. The permittee is responsible for verifying that the proposed BOA within each drainage area and for the entire project does not exceed the maximum amount allowed by this permit. The permittee shall review and routinely monitor the project to ensure continued compliance with the conditions of the permit, the approved plans and specifications. b. APPROVED PLANS AND SPECIFICATIONS. A copy of this permit, approved plans, application, supplements, operation and maintenance agreement, all applicable recorded documents, and specifications shall be maintained on file by the permittee at all times. c. MAINTENANCE ACCESS. SCMs, stormwater collection systems, and vegetated conveyances must be accessible for inspection, operation, maintenance and repair as shown on the approved plan d. DIVISION ACCESS. The permittee grants Division Staff permission to enter the property during normal business hours to inspect all components of the permitted project. e. ENFORCEMENT. Any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the requirements of the stormwater rules is subject to enforcement procedures as set forth in NCGS 143 Article 21. f. ANNUAL CERTIFICATION. The permittee shall electronically submit to the Division an annual certification completed by either the permittee or their designee confirming the projects conformance with permit conditions. g. OBTAINING COMPLIANCE. 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 modified plans and certification in writing to the Director that the changes have been made. h. OTHER PERMITS. The issuance of this permit does not preclude the permittee from obtaining and complying with any and all other permits or approvals that are required for this development to take place, as required by any statutes, rules, regulations, or ordinances, which are imposed by any other Local, State or Federal government agency having jurisdiction. Any activities undertaken at this site that cause a water quality violation or undertaken prior to receipt of the necessary permits or approvals to do so are considered violations of NCGS 143-215.1, and subject to enforcement procedures pursuant to NCGS 143-215.6. Permit issued this the 2nd day of August 2022. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Brian Wrenn, Director Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Permit Number SW4220502 Attachment A Certification Forms The following blank Designer Certification forms are included and specific for this project: • As -Built Permittee Certification • As -Built Designer's Certification for Low Density Projects A separate certification is required for each SCM. These blank certification forms maybe copied and used, as needed, for each SCM and/or as a partial certification to address a section or phase of the project. AS -BUILT PERMITTEE CERTIFICATION 1 hereby state that I am the current permittee for the project named above, and I certify by my signature below, that the project meets the below listed Final Submittal Requirements found in NCAC 02H.1042(4) and the terms, conditions and provisions listed in the permit documents, plans and specifications on file with or provided to the Division. ❑ Check here if this is a partial certification. Section/phase/SCM #? ❑ Check here if this is part of a Fast Track As -built Package Submittal. Printed a Notary Public in the State of County of do hereby certify that personally appeared before me this day of 20 and acknowledge the due execution of this as -built certification. (SEAL) Witness my hand and official seal My commission expires Permittee's Certification NCAC .1042 4 (� Completed / Provided N A A. DEED RESTRICTIONS BUA RECORDS 1. T e dee restrictions and protective covenants have been Y or N recorded and contain the necessary language to ensure that the project is maintained consistent with the stormwater regulations and with the ermit conditions. 2. A copy o the recor a ee restrictions and protective Y or N covenants has been rovWed to the Division. 3. Records which trac t e BUA on each of are being kept. (See Y or N Note 1 B. MAINTENANCE ACCESS 1. The SCMs are accessible for inspection, maintenance and repair. Y or N 2. The access is a minimum of 10 feet wide. Y or N 3. The access extends to the nearest public right-of-way. Y or N C. EASEMENTS 1. The SCMs and the components of the runo co ection / y N conveyance s stem are located in recorded draina a easements. or 2. A copy of the recorded plat(s) is provided. Y or N D. SINGLE FAMILY RESIDENTIAL LOTS - Plats for residential lots that y or N have an SCM include the following: 1. The specific location of the SCM on the lot. Y or N 2. A typical detail for the SCM. Y or N 3. A note that the SCM is required to meet stormwater regu ations and that the lot owner is subject to enforcement action as set forth in NCGS 143 Article 21 if the SCM is removed, relocated or y or N altered without prior approval. E. OPERATION AND MAINTENANCE AGREEMENT Y or N 1. The 0&M Agreement is referenced on the final recorded plat. Y or N 2. The 0&M Agreement is recorded-w--itE the Register of Deeds and y N a ears in the chain of title. or F. OPERATION AND MAINTENANCE PLAN - maintenance records are being kept in a known set location for each SCM and are available for Y or N review. UESIUNEWS CERTIFICATION FORM - has been provided tote y or N Division. Note 1- Acceptable records include ARC approvals, as -built surveys, and county tax records. Provide an explanation for every requirement that was not met, and for every "N/A" below. Attach additional sheets as needed. AS -BUILT DESIGNER'S CERTIFICATION FOR LOW DENSITY PROTECTS I hereby state that 1 am a licensed professional and 1 certify by my signature and seal below, that 1 have observed the construction of the project named above to the best of my abilities with all due care and diligence, and that the project meets all of the MDC found in 15A NCAC 02H.1003, in accordance with the permit documents, plans and specifications on file with or provided to the Division, except as noted on the "AS -BUILT" drawings, such that the intent of the stormwater rules and the general statutes has been preserved. ❑ Check here if this is a partial certification. Section or phase ❑ Check here if this is part of a Fast -Track As -Built Package Submittal per 15A NCAC 02H .1044(3). ❑ Check here if the Designer did not observe the construction but is certifying the project. ❑ Check here if pictures of the project are provided. Printed Name Signature NC Registration Consultant's Mailing Address: City: Phone:)) Consultant's Email address: 0 Circle N if the as -built value differs from the Plan/permit. If N is circled, provide an explanation on page 3. OO N/E = Not Evaluated (provide explanation on page 2). ©N/A = Not Applicable to this project/plan. Consultant's Certification (MDC 15A NCAC 02H .1003) Project Density and Built -Upon Area OAs-built ©N/E ON/A 1. The project has areas of high density based on natural drainage area boundaries, variations in land use or construction phasing. Y or N 2. The project's built -upon area does not exceed the maximum limit specified in the permit. Y or N Dispersed Flow (DAs-built ®N/E (IN/A 1. The project maximizes dispersed Flow through vegetated areas and minimizes channelized flow. Y or N TT Vegetated Conveyances OAs-built ON/E ®N/A 1. Stormwater that is not released as dispersed flow is transported Y N by vegetated conveyances. or 2. The project has a minimal amount of non -vegetated conveyances Y N to reduce erosion. or 3. Other than minimal piping under driveways and roads, no piping Y N has been added beyond what is shown on the approved plans. or 4. Side slopes are no steeper than 3HAV. Y or N S. The conveyance does not erode in response to the peak flow from the Y N 10-year storm. or Curb outlet systems (if applicable) OAs-built ON/E GO N/A 1. The swale or vegetated area can carry the peak flow from the Y N 10-year storm at a non -erosive velocity. or 2. The longitudinal slope of the swale or vegetated areas does not excee Y N 5%. or 3. The Swale has a trapezoidal cross-section and a minimum bottom wi o two eet 4. The minimum length of the swale or vegetated area is 100 feet Y or N 5. Side slopes are no steeper than 3H:IV. Y or N 6. The project utilizes treatment swales designed per Section .1061 Y N in lieu of the curb outlet system requirements. or Vegetated Setbacks (if applicable) OAs-built ON/E ©N/A 1. The width of the vegetated setback is at least 50'. Y or N 2. The width of the vegetated setback has been measured from the nor pool of impounded waters, the MHW line of tidal waters, Y or N or the top of bank of each side of rivers or streams. 3. The vegetated setback is maintained in grass or other vegetation. Y or N 4. BUA that meets the requirements of NCGS 143-214.7(b2)(2) is locate Y N in the setback. or 5. BUA that does NOT meet the requirements of NCGS 143-214.7(b2)(2) located within the setback and is limited to: • Publicly -funded linear projects (road, greenway, or sidewalk) Y N • Water dependent structures or • Minimal footprint uses such as poles, signs, utility appurtenances, and. security lights. 6. The amount of BUA within the setback is minimized, and y N channeling of the runoff from the BUA has been avoided. or 7. Stormwater is not discharged (via Swale or pipe) through a vegetated setback. Stormwater is released at the edge of the Y or N setback and allowed to flow through the setback as dispersed flow. Outlets (DAs-built ©N/E O% N/A 1. Stormwater outlets do not cause erosion downslope of the Y N discharge point during the peak flow from the 10-year storm. or Variations (DAs-built ®N/E ®N/A 1. The project has variations from the MDC that were not previously Y N approved. (Modification may be required.) or Deed restrictions (if applicable) (DAs-built ®N/E ®N/A 1. Deed restrictions are recorded and ensure that the project and the BUA will be maintained in perpetuity consistent with the Y or N permit, approved plans, and specifications. For Subdivisions Only (Residential or Commercial) W-built OO N/E OO N/A 1. The number of platted lots is consistent with the approved plans. Y or N 2. The project area is consistent with the approved plans. Y or N 3. The layout of the lots and streets is consistent with the approved Y N plan. or 4. The width / radius of streets, paved accesses, cul-de-sacs and sidewal Y N is consistent with the approved plan. or 5. No piping, other than those minimum amounts needed under a Y N driveway or under a road, has been added. or 6. The lot grading, road grading, vegetated conveyances, piping, Y or N inverts, and elevations are consistent with the approved plans. Provide an explanation below for every MDC that was not met, and for every item marked "N/A" or "N/E." Attach additional pages as needed.