SW7190714_Final Permit_20190830

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MICHAEL S. PEGAN
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S. DANIEL SMITH
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Highway-158 PV1,
Attn: Jim Halley
807 E Main Street,
Durham, NC 27701
Dear Jim Halley:
N0?T-i CAROLi..L
Envtronmental Quality
LLC
Suite 6-050
August 30, 2019
Subject: Stormwater Permit No. SW7190714
Hwy 158 PV1 Solar Power Plant
Low Density Stormwater Project
Hertford County
The Washington Regional Office received a complete Stormwater Management Permit
Application for the Hwy 158 PV1 Solar Power Plant project on July 24, 2019. 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.
SW7190714 dated August 30, 2019 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This permit shall be effective from the date of issuance until rescinded and shall be subject to the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
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.
Please contact me at [phone] if you have any questions.
Sincerely,
Vim-
William Carl Dunn, PE
Environmental Engineer
cc: Ashton Smith, PE - Ballentine Associates, PA ([e-mail])
Hertford County Inspections - Robert Mizelle -([e-mail])
Washington Regional Office
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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
Highway-158 PV1, LLC
Hwy 158 PV1 Solar Power Plant
Hwy 158 W, Murfreesboro, Hertford County
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 "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:
DESIGN STANDARDS
This permit covers the construction of 65,210 square feet of build -upon on this
138.6 acre project site.
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.
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. 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.
5. The permittee shall submit to the Director and shall have received approval for
revised plans, specifications, and calculations prior to construction, for any
modifications 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.
6. 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.

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During construction, erosion shall be kept to a minimum and any eroded areas of
the swales or other vegetated conveyances will be repaired immediately.
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
d. Immediate repair of eroded areas
e. Maintenance of side slopes in
specifications.
side slopes.
accordance with approved plans and
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.
The permittee shall submit all information requested by the Director or his
representative within the time frame specified in the written information request.
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.
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.
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.
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 301h day of August, 2019.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Permit Number SW7190714