SW7160612_Modification_20181019

ROY COOPER NORTH CAROLINA.
Governor EnvhnnmentalQuaUty
MICHAELS.REGAN
Secretary
W1LLIAM E, (TOBY) VINSON, JR
1hierttwDirector
October 19, 2018
Citizens Hertford Solar, LLC
Attn: Ernest J. Panos, Manager
88 Black Falcon Ave., Center Lobby, Suite 342
Boston, MA 02210
Subject: Stormwater Permit No. SW7160612 Modification
NC-19 Two Mile Desert Solar
Low Density Stormwater Project
Perquimans County
Dear Ernest Panics,
The Washington Regional Office received a complete Stormwater Management
Permit Application for the modification of the NC19-Two Mile Desert Solar permit
number SW7160612 on October 12, 2018. The modification involves altering the
drainage by the addition of underground drain tiles. 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. SW7160612, dated October 19, 2018, for the construction, operation and
maintenance of the subject project.
This permit shall be effective from the date of issuance until rescinded, shall
void permit SW7160612 issued July 7, 2016 and shall be subject to the conditions and
limitations as specified therein, and does not supercede any other agency permit that
may be required. Please pay special attention to the conditions listed in this permit
regarding the Operation and Maintenance of the SCM(s), recordation of deed
restrictions, certification of the SCM's, procedures for changing ownership, and
transferring the permit. Failure to establish an adequate system for operation and
maintenance of the stormwater management system, to record deed restrictions, to
certify the SCM's, to transfer the permit, or to renew the permit, will result in future
compliance problems.,
If any parts, requirements, or limitations contained in this permit are
unacceptable, you have the right to request an adjudicatery 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,
North Carolina Department of Environmental Quality I Divislonof Energy, Mineralandl.andResources
Washington RegionalQfflce 19,43 Washington Square: Mail I Washington,North Earoitna27889,
252:946.6481

Raleigh, NC 27699-6714. Unless such demands are made this permit shall be final
and binding.
If you have any questions or need further assistance concerning this matter,
please contact me at [phone].
Sincerely,
William Carl Dunn, PE
Environmental Engineer
cc: John Barefoot, PE K(mley-Horn Associates (421 Fayette St., Suite 600, Raleigh, NC 27601)
Perquimans County Inspections (PO Box 45, Hertford, NC 27944)
Washington Regional Office
o
E
North Carplitia Department Of Environmental Quality IDivision ofEnergy, Mineral and LandResoarces
WashlrWon Regional Office 1943 Washington Square. Mall I Washmgton,North Carolina 27889'.
251946.6481

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
Citizens Hertford Solar, LLC
NC-19 Two Mile Desert Solar
2 Mile Desert Road
FOR THE
construction, operation and maintenance of a low density project in compliance with
the provisions of Session Law 2008-211 and Title 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
This permit covers the construction of up to 24% of build -upon area coverage
on this 80.36 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.
.-DE
North Carolina Department of Environmental Quality I. Division of Energy, Mneraland LandResources.
Washington Regional Office 1 943 Washington Square Mall l Washington North Carolina27989-
252,946.6.481

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.
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 SW7160612, 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.
NO5IHCMOIJN0.�
North Carolltra Department of Environmental Quality I. Divlsionol"Energys trtineraland Land Resources
Washington Regional Office 1943Washington Square Mall ( Washington, North Carolina27889
251946.6481

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. 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, to notify the
Division of any changes in ownership and request an ownership/name change
for the stormwater permit.
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.
North Catolina Department ofEnvironmetmt Quality I Division ofEnergy, Mineral and LandResources
WashingtonRegionat O ice 1 943 Washington Square Mall I Washtngton,North CaroJIna27889
252.946i6481

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.
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
1. 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 2H.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.
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.
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 19th day of October, 2018.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Stormwater Permit No. SW7160612
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impmtitia�mAmmain� ,
North Carolina Department of Environmental Quality l Division of Energy; Mineral and Land Resources
Washington Regional Office ( 943 Washngton Square Mall I Washington North Carolina27889.
252946.6481