SW7111202_Modification_20130417

AF�rA
NCD NR
North Carolina Department of Environment and
Division of Water Quality
Pat McCrory Charles Wakild, PE
Governor Director
April 17, 2013
Mr. Erik Lallum, VP, Engineering & Construction
Atlantic Wind, LLC
2 Radnor Corp. Ctr Suite 200, 100 Matsonford Rd.
Radnor, PA 19087
Natural Resources
Subject: Permit No. SW7111202 Modification
Desert Wind
Low Density Stormwater Project
Pasquotank County
Dear Mr. Lallum:
John E. Skvarla, III
Secretary
The Washington Regional Office received a complete Stormwater Management Permit
Application for the modification of the low density areas of Desert Wind (Access Roads and Plan
Sheets 1-18). Staff review of the plans and specifications has determined that the project, as
proposed, will comply with the Stormwater Regulations set forth in Session Law 2008-211 and
Title 15A NCAC 2H.1000. We are forwarding Permit No. SW7111202MOD dated April 17,
2013, for the continued 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This permit shall be effective from the date of issuance until rescinded and shall be subject to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, P.O. Drawer 27447, Raleigh, NC 27611-7447. 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
either Scott Vinson or me at [phone].
Sincerely,
(J for
Charles Wakild, PE
Director
AA/sv: K:\WQS\STORMWATER\PERMIT\SW7111202MOD
cc: Steven Wilkinson, Fisher Associates, Rochester, NY
Pasquotank County Planning
Washington Regional Office
North Carolina Division of Water Quality Internet www.newaterquallty.org One
943 Washington Square Mall Phone 252-M-54811 FAX: [phone] NorffiC,aI�'yOfina
Washington, NC 27889 - - FAX: [phone]
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State Stormwater Management Systems
Permit Number SW7111202
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
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
Atlantic Wind, LLC
. Desert Wind
(Access Roads 7, 8, & 9 and roads to WTGs & Plan Sheets 1-18)
Pasquotank County
FOR THE
construction, operation and maintenance of a low density development in compliance with the
provisions of Session Law 2008-211 and 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 Water Quality
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:
I. DESIGN STANDARDS
1. This permit covers the construction of the previously permitted 400,704 square feet
(9.2ac) of built -upon area over the 43.6 acre project area for the Access Roads 7, 8, & 9
and the roads to WTGs as well as the current proposed 12.9 acres of additional built
upon area which includes the road improvements of 16.2 miles of existing farm path
roads, 3.5 miles of new roads and 34 of the 150 total turbine locations.
2. The overall tract built -upon area percentage for the project must be maintained at 24%,
as required by Session Law 2008-211 and 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.
7. Roof drains must terminate at least 50 foot from the Mean High Water line.
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State Stormwater Management Systems
Permit Number SW7111202
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 SW7111202, as issued by the Division
of Water Quality 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 Water
Quality.
e. Alteration of the drainage as shown on the approved plans may not take place
without the concurrence of the Division of Water Quality.
f. This project is permitted for a maximum of 400,704 square feet 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.
7. Projects within DCM's Area of Environmental Concern (AEC) are subject to a reduction of
the permitted amount of built -upon area due to CAMA jurisdiction within the AEC. The
most restrictive of the two numbers shall be considered the maximum BUA.
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State Stormwater Management Systems
Permit Number SW7111202
8. 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.
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.
10 During construction, erosion shall be kept to a minimum and any eroded areas of the
swales or other vegetated conveyances will be repaired immediately.
11 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.
12. 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.
13. 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 of Water Quality
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.
3. Failure to abide by the conditions and limitations contained in this permit may subject the
Permittee to an enforcement action by the Division of Water Quality, in accordance with
North Carolina General Statutes 143-215.6A to 143-215.6C.
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State Stormwater Management Systems
Permit Number SW7111202
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 21-1.1000; 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.
8. 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
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 17th day of April, 2013.
ENVIRONMENTAL MANAGEMENT COMMISSION
--------------------- for
Charles WaVod, Director
Division of Water Qualitv
By Authority of the Environmental Management Commission
Permit No. SW7111202 Modification
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