SW7181011_Final Permit_20181101

ROY COOPER
Governor
MICHAEL S. REGAIN
Secretary
WILLIAM E. (TOBY) VINSON, JR
Inlettn...Director
Knee Branch Solar, LLC
Attn: Kenny Habul -Agent
192 Raceway Drive
Mooresville, NC 28117
Dear Kenny Habul:
NORTH CAROLINA
Environmental Quality
November 1. 2018
Subject: Stormwater Permit No. SW7181011
Knee Branch Solar
Low Density Stormwater Project
Hertford County
The Washington Regional Office received a complete Stormwater Management Permit
Application for the Knee Branch Solar project on October 31, 2018. 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. SW7181011 dated
November 1, 2018 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This permit shall be effective from the date of issuance until rescinded and shall be subject to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. 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 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 150E 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.
Please contact me at [phone] if you have any questions.
Sincerely,
William Carl Dunn, PE
Environmental Engineer
cc: Michael Morway, PE — Albemarle & Associates, Ltd (PO Box 3983, Kill Devil Hills, NC 27948)
Hertford County Inspections (PO Box 424, Winton, NC 27986)
Washington Regional Office
North Carolina Department of Envim mental'Quality I D vis onoiEStergy, Mineral and Land Resources
Washington Regional Office 1943 Washtngton Square: Mail I Washington, North Carolina27889
257946,6481

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES
STATE 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
Knee Branch Solar
Knee Branch Solar, LLC
NC Hwy 42, Ahoskie, Hertford County
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 "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:
I. DESIGN STANDARDS
1. This permit covers the construction of up to 24% of build -upon area coverage on this
463.7 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.
North Carolina.DepartMent of Environmental 'Quality I Division of Energy, Mheral and Land Resources
Washington Regional Offloe 1943 Washington Square: Mall I Washington, North Carolina 27889
252.946.6481.

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
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 SW7181011, 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-
4u�T��'_n
North Carolina Department of Environmental Quality, I Division of Energy; Mineral and Land Resources
Washington Regional Office 1948 Washington Square Mall I Washhrglon, North Carolina 27889'
252.946.6481

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.
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.
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.
North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources.
WashingtonReglonal Office 1 943Washington Square Mall I Wastlington,North Carolina 27889
252.946.6481

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
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.
D E' ►,
North CaroOnaDeaartment ofEnAronmentat Quality I Division of£nergy, Mineral and Land Resources
Washington Regional Office 1943 Washington Square Mall I Washington, North Carolina27889'.
252,946,6481

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 1st day of November, 2018.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Toby Vinson, Interim Director
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Stormwater Permit No. SW7181011
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North Carolina Department ofEnvironmernatQuality I Division ofEnergy, Mineral and Landliesnurces
Washington RegionalOffice 1 943 Washington Square Mail I Washtngton,North Carolina 27889
252,946,6481