HomeMy WebLinkAboutSW7200308_Final Permit_20200309ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRIAN WRENN
Acting Director
Edenton Solar, LLC
Attn: Adam Foodman,
PO Box 1395
Cornelius, NC 28031
NORTH CAROLINA
Environmental Quality
Registered Agent
March 9, 2020
Subject: Stormwater Permit No. SW7200308
Edenton Solar Farm
Low Density Stormwater Project
Chowan County
Dear Adam Foodman:
The Washington Regional Office received a complete Stormwater Management Permit
Application for the Edenton Solar Farm project on January 23, 2020. 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.
SW7200308 dated March 9, 2020 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This permit shall be effective from the date of issuance until rescinded and shall be subject to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 (252) 946-6481 if you have any questions.
Sincerely �
William Carl Dunn, PE
Environmental Engineer
cc: Cathleen Saunders, PE — Quible & Associates (csaunders@quible.com)
Chowan County Inspections - Holly Colombo (holly.colombo@chowan.nc.gov)
Washington Regional Office
D_E QJ� North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
Washington Regional Office 1 943 Washington Square Mall I Washington, North Carolina 27889
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252.946.6481
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
Edenton Solar, LLC
Edenton Solar Farm
740 Yoepim Road, Edenton, Chowan 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:
I. DESIGN STANDARDS
1. This permit covers the construction of 42,607 square feet of build -upon on this 172.1
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
swales with minimum side slopes of 3:1 (H:V)
approved by the Division.
will be vegetated conveyances such as
as defined in the stormwater rules and
No piping is allowed except that minimum amount necessary to direct runoff beneath an
impervious surface such as a road or to provide access.
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.
7. During construction, erosion shall be kept to a minimum and any eroded areas of
the swales or other vegetated conveyances will be repaired immediately.
8. 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.
9. 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.
10. 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.
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 2H.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.
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 9th day of March, 2020.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for
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Division of Energy, Mineral, and Land Resources
By Authority of the Environmental Management Commission
Permit Number SW7200308