SW7160102_Final Permit_20160120

Energy, Mineral
and Land Resources
ENVIRONMENTAL QUALITY
January 20, 2016
FLS Energy, Inc.
Attn.: Mr. Chris Dunbar, VP of Operations
130 Roberts Street
Asheville, NC 28801
Subject: Permit No. SW7160102
New Bern Solar Site
Low Density Stormwater Project
Craven County
Dear Mr. Dunbar:
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
TRACY DAVIS
Director
The Washington Regional Office received a complete Stormwater Management Permit
Application for the New Bern Solar Site project on January 11, 2016. 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 21-1.1000. We are forwarding
Permit No. SW7160102 dated January 20, 2016, 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This permit shall be effective from the date of issuance until rescinded and shall be subject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. The designated permit holder, FLS Energy, Inc.,
shall be responsible for meeting the conditions and limitations specified therein.
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 [phone].
Sincerely; —�
Samir Dumpor, PE
Environmental Engineer
SD: G:\LR\SWP\SD\Permits-Low Density\SW7160102
cc: Josh Grumpier, PE, Kleinfelder, Inc.
Nancy L. Worsham Johndrow (1185 W.NC Hwy 55, New Bern, NC 28562)
Craven County Inspections
Washington Regional Office
State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources
943 Washington Square Mall. I Washington, NC 27889
252-946-6481 T

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
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
FLS Energy, Inc.
New Bern Solar Site — 1185 W. NC Hwy 55, New Bern, NC 28562
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 "stormwaterrules') 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:
I. DESIGN STANDARDS
1. This permit covers the construction of up to 24% of build -upon area coverage on
this 25.06 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.
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II. SCHEDULE OF COMPLIANCE
The permittee is responsible for verifying that the proposed built -upon area does
not exceed the allowable built -upon area.
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 SW7160102, as issued by
the Division of Energy, Mineral, and Land Resources under 15A 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 6

As required for compliance, a copy of the lease agreement that outlines FLS
Energy, Inc. responsibilities for this stormwater system, must be kept with the
permit and maintenance activity records. Please pay special attention to the
Operation and Maintenance requirements in this permit. Failure to establish an
adequate system for operation and maintenance of the stormwater management
system will result in future compliance problems.
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.
9. Please be aware that it is the responsibility of the permit holder, FLS Energy,
Inc., to notify the Division of any changes in ownership and request an
ownership/name change for the stormwater permit. However, please be
reminded that if the lease agreement or contract between FLS Energy, Inc. and
the property owner is dissolved, cancelled or defaults, and the Division is not
notified by FLS Energy, Inc. to transfer the permit, then the responsibility for
permit compliance reverts back to the property owner. The property owner,
Nancy L. Worsham Johndrow, must notify the Division immediately of the permit
ownership change and submit a completed Name/Ownership form to the Division
within 30days. Otherwise the property owner will be operating a stormwater
treatment facility without a valid permit. This is a violation of NC General Statue
143-215.1 and may result in appropriate enforcement action including the
assessment of civil penalties of up to $25,000 per day, being taken against the
property owner.
10. 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.
11. During construction, erosion shall be kept to a minimum and any eroded areas of
the swales or other vegetated conveyances will be repaired immediately.
12. 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.
13. 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.
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14. 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.
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 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 DEQ 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.
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.
Page 5 of 6

Permit issued this the 20th day of January, 2016.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
-------------------------------------------------------------------- for
Tracy E. Davis, PE, CPM
Division of Energy, Mineral, and Land Resources
By Authority of the Environmental Management Commission
Permit No. SW7160102
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