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HomeMy WebLinkAboutSWA000162_Current Permit_20220928 iivirokestsrArzNH RROY COOPER 0 - ' 11; Governor '' 3r `` ELIZABETI-I S.BISER Secretary BRIAN.WRENN NORTHICAROLINA Director Environmental Quality Septeember. 28',2022 D.R.Horton,Inc. Attn:Libby Shelton,Vice-President 1341 Horton Circle Arlington, Texas 76011 Subject: Fast Track Authorization to Construct(ATC)Permit No.SWA 000162 Sidbury Station—Phase II New Hanover County Dear Ms. Shelton: The Division of Energy,Mineral and Land Resources received a complete"Authorization to Construct"(ATC) Permit Application Form for the subject project on September 21st,2022 to be permitted under the Post- Construction State Stormwater Fast Track Process. Staff have reviewed the application materials and have determined that the project,as proposed,complies with the Stormwater Regulations set forth in Rule 15A NCAC 02H.1043. We are hereby forwarding Authorization to Construct Permit No. SWA 000162 dated September 28th, 2022,for the construction of the stormwater control measures(SCMs)and built-upon area associated with the subject project. This Authorization to Construct Permit does not constitute an approval of the project at its completion. Approval of this project at completion will be based on Division review and approval of the final permit application completed by a North Carolina licensed professional. It shall be the Permittee's and the license.professional's responsibility to ensure that the as-built project meets the appropriate stormwater rules. Failure to comply may result in penalties in accordance with North Carolina General Statute§143-215.6A through§143-215.6C and/or referral of the licensed professional to the appropriate North Carolina licensing board. This Authorization to Construct Permit shall be effective from the date of issuance until September 2811,2027 and does not supersede any other agency permit that may be required.The project shall be subject to the conditions and limitations as specified therein.Failure to comply with these requirements will result in future compliance problems. Please note that this Authorization to Construct Permit is not transferable except after notice to and approval by the Division. The Division may require rescission and/or revocation and reissuance of this permit. If you have any questions concerning this permit,please contact Kellie Beth Norris in the Wilmington Regional Office,at(910)796-7215 or kellie.norris@ncdenr.gov. Sincerely, C1ak 31cQ Brian Wrenn,Director Division of Energy,Mineral and Land Resources Enclosures: Attachment A—Fast Track Construction Commencement Form Attachment B—Example Deed Restriction and Protective Covenants Language ,age Application Documents DES/kbn: \\\Stormwater\Permits&Projects\SWA Fast Track ATC1000162 ATC HD12022 09 permit 000162 cc: Richard Moore,PE,McKim&Creed New Hanover County Building Safety Department. New Hanover County Engineering Beth Wetherill,Erosion Control Specialist,New Hanover County Engineering Wilmington Regional Office Stormwater File cl.,) North Carolina Department of Environmental Quality I Division of Energy,Mineral and Land Resources �� Wiirriington Regional Office 1127 Cardinal Drive Extension I Wilmington,North Carolina 28405 a hoistoE_ iwsura.na /"� 910.796.7215 Post-Construction Stormwater Management ATC Permit No. SWA 000162 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RESOURCES POST-CONSTRUCTION STORMWATER FAST TRACK PROCESS: AUTHORIZATION TO CONSTRUCT (ATC) PERMIT In compliance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules and Regulations promulgated and adopted by the North Carolina Environmental Management Commission, including 15A NCAC 02H.1000 ("stormwater rules"), PERMISSION IS HEREBY GRANTED TO D.R. Horton, Inc. Sidbury Station —Phase Il 6010 Sidbury Road, Castle Hayne, New Hanover County FOR THE construction of a fast track project and its associated stormwater control measures (SCMs) as outlined in the approved Fast-Track application, site plan, and supporting documentation (the preliminarily approved documentation") as attached and/or on file with the Division of Energy, Mineral and Land Resources (the "Division" or"DEMLR"). The preliminarily approved documentation is incorporated by reference and are enforceable parts of this permit. This project is discharging to receiving waters designated as Prince George Creek and Island Creek, both class C;Sw waters in the Cape Fear River Basin and is to be designed in compliance with the provisions of 15A NCAC 02H.1000 and the minimum design criteria (MDC) specified therein (the "stormwater rules") and enforced by the Division. This permit shall be effective from the date of issuance until September 28th, 2027, and shall be subject to the following specified conditions and limitations: 1. COMPLIANCE WITH THE STORMWATER RULES. The project and all SCMs (including existing SCMs associated with the project) shall meet all applicable requirements of 15A NCAC 02H .1000 through .1062, including the Minimum Design Criteria (MDC), upon project completion. This includes the following Sections of 15A NCAC 02H .1000: .1003 Requirements that Apply to All Projects .1019 Coastal Counties Program .1043 Fast Track Permitting Process: Authorization to Construct .1044 Fast Track Permitting Process: Final Permit .1045 Requirements for Permit Transfers and Permit Renewals .1050 MDC for All Stormwater Control Measures .1051-.1062 MDC for Specific Stormwater Control Measures, as applicable 2. HIGHLIGHT OF SPECIFIC RULE REQUIREMENTS. The project shall comply with all applicable provisions of the stormwater rules listed above. Some specific rule requirements to be aware of include: a. HIGH DENSITY REQUIREMENTS. The information provided in the application indicates that this is a high density project and, as such, shall comply with all applicable high density requirements of the stormwater rules. Page 1 of 4 Post-Construction Stormwater Management ATC Permit No. SWA 000162 b. PROJECT AREA. The attached site plan depicts this project as a single project with a project area of 3,600,368 square feet. The locations of all SCMs, streams, wetlands, buffers, and vegetated setbacks are shown on the site plan. c. VEGETATED SETBACKS. A vegetated setback shall be provided adjacent to surface waters per the requirements of Rule 15A NCAC 02H .1003(4) and other applicable stormwater rules to which the project is subject. d. RECORDED DOCUMENT REQUIREMENTS. The stormwater rules require the following documents to be recorded and must be submitted to obtain the final permit as stated in 15A NCAC 02H.1044: i. Deed restrictions and protective covenants (example language is provided in Attachment B.) Please note that the final permit will be issued a separate permit number; ii. Access and/or easements; iii. Operation and maintenance agreement; iv. If a final plat is recorded, it must include a reference to the recorded operation and maintenance agreement; v. Deeds for individual lots with a reference to the deed restrictions and protective covenants. e. OPERATION AND MAINTENANCE. During the term of the ATC, all operation and maintenance for the project shall follow the Erosion Control Plan requirements until the Sediment-Erosion Control devices are converted to SCMs. Once the devices are converted to SCMs, the permittee shall provide and perform the operation and maintenance necessary, as listed in the recorded operation and maintenance agreement, to assure that all components of the permitted on-site stormwater system function at the intended design condition. f. NO ALTERNATIVES TO THE MDC. The project shall not propose an alternative design, nor shall it claim an exemption from the iviDC based on vested rights, a waiver or a Director's Certification. 3. ATC PERMIT ADMINISTRATION. In accordance with 15A NCAC 02H .1043 and .1044, the following administrative procedures shall apply: a. PROJECT AREA CHANGES. If the project area changes, then this ATC permit shall be rendered null and void and the project must either apply for a new ATC or standard permit. b. LICENSED PROFESSIONAL. A licensed professional of record must be maintained for the duration of the project and who will prepare, certify, and submit the as-built package to obtain the final permit. If another licensed professional is retained before the project is complete, then an updated guaranty must be submitted. The original licensed professional is required to inform the Division that they are no longer associated with the project. c. CHANGES TO THE PROJECT NAME, PERMITTEE NAME OR CONTACT INFORMATION: The permittee shall submit a completed Permit Information Update Application Form to the Division within 30 days to making any one of these changes. d. TRANSFER. This permit is not transferable to any person or entity except after notice to and approval by the Director. Neither the sale of the project, in whole or in part, nor the conveyance of common area to a third party constitutes an approved transfer of the ATC stormwater permit. The permittee is responsible for compliance with all permit conditions until such time as the Division approves the transfer request. If the project is sold without notification to DEMLR, then this ATC permit shall be rendered null and void, the project will be out of compliance, and construction will not be allowed until a new standard permit application is submitted and approved for the project. Page 2 of 4 Post-Construction Stormwater Management ATC Permit No. SWA 000162 e. TRANSFER REQUEST. To transfer this permit, either submit a new ATC application form (with all required items) or apply for a standard stormwater permit through the standard permitting process. Full or partial designers' certifications must be completed and submitted with the new ATC application or the new standard permit application for any SCMs that were already completed under the ATC. The transfer request must include the appropriate application, documentation and the processing fee as outlined in 15A NCAC 02H.1045(2). This request must be submitted within 90 days of the permit holder meeting one or more of the following: i. A natural person who is deceased; ii. A partnership, limited liability corporation, corporation, or any other business association that has been dissolved; iii. A person or entity who has been lawfully and finally divested of title to the property on which the permitted activity is occurring or will occur through foreclosure, bankruptcy, or other legal proceeding. iv. A person or entity who has sold the property, in whole or in part, on which the permitted activity is occurring or will occur, except in the case of an individual residential lot sale that is made subject to the recorded deed restrictions and protective covenants; v. The assignment of declarant rights to another individual or entity; f. RENEWAL. This ATC permit may be renewed by providing a renewal application with all required items at least 180 days prior to the expiration date of this permit. The renewal request must include the appropriate application, documentation and the processing fee as outlined in 15A NCAC 02H.1045(3). g. EXPIRATION. If the ATC permit expires, the project shall be considered out of compliance, and thus shall be disqualified from renewal through the fast track permitting process. In this case, the permittee shall obtain a permit through the standard permitting process to complete the project. Full or partial designer certifications must be completed and submitted with the standard permit application for any SCMs that were already completed under the ATC. 4 DOCUMENTATION AND INSPECTION. The ATC application and required items and technical design documents shall be available upon request by the Division throughout the life of this permit. A copy of the ATC application and permit shall be maintained on file by the Permittee at all times. In addition, the permittee grants Division staff permission to enter the property during normal business hours to inspect the project and all components of the stormwater management facility. 5. COMMENCEMENT OF CONSTRUCTION. DEMLR shall be notified at least 48 hours in advance of constructing the approved project by submitting the completed Construction Commencement Form found in Attachment A. 6. FINAL FAST-TRACK PERMIT APPLICATION. Within 45 days of completion of the project, a Final Fast Track Stormwater Permit Application and all required items shall be submitted to DEMLR in accordance with Rule 15A NCAC 02H .1044(3). Approval of the as-built stormwater plans shall be required before the Erosion and Sedimentation Control Plan for the project may be closed out. 7. ENFORCEMENT. Any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the requirements of the stormwater rules is subject to enforcement action as set forth in NCGS 143, Article 21. Any of the following actions shall be considered a violation of the stormwater rules and are grounds for enforcement action in accordance with NCGS 143-215.6A: a. Failure to abide by the conditions contained in this permit. b. Knowingly making false statement, representation, or certification regarding this project. c. Failure to maintain a licensed professional of record for the duration of the project. Page 3 of 4 Post-Construction Stormwater Management ATC Permit No. SWA 000162 8. DIRECTOR'S AUTHORITY. The Director may modify, revoke, reissue or terminate this permit for cause as allowed by 15A NCAC 02H.1000 and NCGS 143-215.1. 9. OTHER REQUIREMENTS AND/OR PERMITS. The issuance of this permit does not preclude the permittee from obtaining and complying with any and all other permits or approvals that are required in order for this development to take place, as required by any statutes, rules, regulations, or ordinances, which are imposed by any other Local, State or Federal government agency having jurisdiction. Permit issued this the 28th day of September 2022. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION ,;Brian Wrenn, Direct r Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission ATC Permit Number SWA 000162 Page 4 of 4 Post-Construction Stormwater Management ATC Permit No. SWA 000162 Attachment A Fast Track Construction Commencement Form ATC Permit No. SWA 000162 Sidbury Station — Phase II New Hanover County Complete and submit this form (NO SUBSTITUTES) to the Wilmington Regional Office The undersigned hereby notifies the agency below that the construction of this project is expected to commence on (mm/dd/yyyy) and is expected to be completed by (mm/dd/yyyy). I understand that this project shall not be considered complete until the Division has received the final Fast-Track Stormwater Permit Application Form and all required supporting documentation. Signature of Permit Holder Title (if any) Date Designer's Certification I, , as a duly re istered Licensed Professional in the State of North Carolina, having been authorized to observe (] periodically, [' weekly, ❑ full time) the construction of the subject project on behalf of the Permittee. I hereby state that, to the best of my abilities, due care and diligence will be used such that the project and all stormwater control measures (SCMs) shall be constructed to meet all applicable requirements of 15A NCAC 02H Section .1000- .1062, including the Minimum Design Criteria (MDC). North Carolina Licensed Professional Seal, signature, and date: It is highly recommended that this notification be sent in a manner that provides proof of receipt by the Division. The Division does not acknowledge receipt of Fast Track Construction Commencement Notification Forms. Submit this form to the following Office: Division of Energy, Mineral and Land Resources c% Christine Hall Post-Construction Stormwater Management Program Wilmington Regional Office 127 Cardinal Drive Wilmington, NC 28405 Page 1 of 1 Post-Construction Stormwater Management ATC Permit No. SWA 000162 Attachment B Example Deed Restriction and Protective Covenants Language High Density Subdivision (residential or non-residential) In accordance with Title 15 NCAC 2H.1000 effective January 1, 2017, the stormwater rules, deed restrictions and protective covenants are required to be recorded to ensure that projects will be maintained, in perpetuity, consistent with the stormwater rules and the design condition. The following example deed restrictions and protective covenants are to be recorded prior to the sale, conveyance, and issuance of a certificate of occupancy for a lot or group of lots to any individual or entity. Please note that the final permit will be issued a separate permit number. 1. The following covenants are intended to ensure ongoing compliance with Post-Construction Stormwater Management Permit Number (see note above) , as issued by the Division of Energy, Mineral and Land Resources(the "Division") under 15A NCAC 02H.1000, effective January 1, 2017. 2. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the stormwater management permit. 3. These covenants are to run with the land and be binding on all persons and parties claiming under them. 4. The covenants pertaining to stormwater shall not be allowed to expire and may not be altered or rescinded without the express written consent of the Division. 5. Alteration of the drainage as constructed under the ATC permit approval and as shown on the final stormwater plans submitted as part of the as-built package may not take place without the concurrence of the permittee and approval by the Division. 6. The maximum allowable built-upon area per lot is square feet. OR, if the proposed built-upon area per lot will vary, please use the following statement and provide a complete listing of the proposed built-upon area for each lot: The maximum allowable built-upon area (BUA)per lot, in square feet, is as listed below or in the attached table: Lot# BUA, sf Lot# BUA, sf This allotted amount includes any built-upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the street pavement and/or sidewalk. The maximum allowable built-upon area shall not be exceeded on any lot until the permit is modified to ensure compliance with the stormwater rules. Built upon area has the same meaning as G.S. 143-214.7, as amended in Session Law 2017-10. 7. For those lots within the CAMA Area of Environmental Concern, where DCM calculates a different maximum allowable built-upon area, the governing maximum allowable built-upon area shall be the more restrictive of the two amounts. 8. All runoff from the built-upon areas on the lot must drain into the permitted system. This may be accomplished via grading, a stormwater collection system, and/or a vegetated conveyance. Page 1 of 2 Post-Construction Stormwater Management ATC Permit No. SWA 000162 9. A 50*-foot wide vegetated setback must be provided and maintained adjacent to all surface waters in accordance with 15A NCAC 02H.1003(4) and the final plans submitted as part of the as-built package. *Within the 20 coastal counties, 30-foot wide setback for redevelopment projects. 10. Any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the requirements of the stormwater rules is subject to enforcement procedures as set forth in NCGS 143, Article 21. Other recommended language the permittee may find beneficial to assist in modifications, resolving potential future compliance issues, or correcting errors: 1 The Declarant shall have the right to amend the covenants without consent of the members to conform the Declaration to the requirements of any law or governmental agency having legal jurisdiction over the property, including those agencies sponsored by or under the control of the State of North Carolina. A letter from an official of any such agency requesting, requiring or suggesting an amendment necessary to comply with the requirements of such agency, shall be sufficient evidence to affect such an amendment. The amendment shall be effective upon recording. Page 2 of 2 DEMLR USE ONLY Date eivedj Fee Paid Permit Number 1519 it 1374371 L5o5 SwA ooOij a SW Program(s): No astal A-HQW 0 Coastal SA-ORW 0 Coastal FW-ORW 0 Coastal Other 0 Non-coastal HOW 0 Non-coastal ORW 0 Urbanizing Areas 0 USMP NC DEQ Division of Energy, Mineral and Land Resources STATE STORMWATER FAST TRACK PROCESS: "AUTHORIZATION TO CONSTRUCT" (ATC) PERMIT APPLICATION FORM Link to Application Instructions A. ELIGIBILITY FOR FAST-TRACK PERMITTING To be considered for a Fast Track ATC Permit,all of the items below must be checked. If any item cannot be checked, then the project must apply under the Standard Permitting Process. ® The project and all SCMs (including existing SCMs associated with the project)will meet all applicable requirements of 15A NCAC 02H .1000 - .1062, including the Minimum Design Criteria(MDC), upon project completion. ® The project is not proposing an alternative design. ® The project is not claiming an exemption from the MDC based on vested rights, a waiver or a Director's Certification. ® The project is not out of compliance with an existing stormwater permit or any other environmental permit. ® The project is not applying for an offsite permit, an exemption, or a minor modification (as defined in 15A NCAC 02H .1002(251)to an existing state stormwater permit. ® The project application bears the signature and seal of a professional licensed pursuant to either Chapter 89A or 89C of the NC General Statutes. ® I understand that at project completion, an application with the as-built stormwater plans (as described in 15A NCAC 02H .1044 must be submitted, and DEQ will review the as-built stormwater plans to confirm compliance with the MDC. Approval of the as-built stormwater plans will be required before the Erosion and Sedimentation Control Plan for the project may be closed out. FP% ® I understand that the Fast Track ATC Permit will expire five years after the date of issuance.1 C Lyi= B. GENERAL INFORMATION ! ' AUG 15 2022 # 1 Project Name: Sidbury Station Phase 2 -3 • 2. Previous Project Name (if applicable): n/a 3. Location of Project(street address): 6010 Sidbury Road City:Castle Havne County:New Hanover Zip:28429 4. Directions to project(from nearest major intersection): From the intersection of Blue Clay Road (SR1318) and Sidbury Road (SR 1336),travel northeast approximately 1.8 miles. The project entrances(2) are on the right. 5. Latitude:34° 19'49.4" N Longitude:77°50'30.3"W of the main entrance to the project. C. PERMIT INFORMATION 1. Specify whether project is (check one): Ej New, no previous application ❑ New, replacing a previous Fast Track ATC Permit--provide previous permit number:SWA By choosing this option,you are also requesting that DEQ rescind the previous Fast Track ATC Permit upon issuance of the new Fast Track A TC Permit. Stormwater Fast Track ATC Application Form Page 1 of 9 Feb. 10.2018 ❑ Major Modification, replacing an existing stormwater permit—provide existing permit number: SW Status of construction? ❑ Not Started ❑ Partially Completed ❑ Completed Major modifications must be submitted by the original permittee and are allowed only if the SW permit is not expired. Minor modifications must use Standard Permitting Process. By choosing this option,you are also requesting that DEQ rescind the previous SW Permit upon issuance of the new Fast Track ATC Permit. ❑ Transfer of existing Fast [rack ATC Permit—provide existing ATC C permit number: SWA 2. Applicable state stormwater program(s) (check all that apply): El Coastal SA-HQW ❑ Urbanizing Areas (Phase 2) El Coastal SA-ORW ❑ Non-Coastal HQW Is any portion of the project within 575 feet of SA-ORW waters? ❑ Yes ❑ No ❑ Non-Coastal ORW ❑ Coastal Freshwater ORW ❑ USMP ® Coastal—Other 3. Other Permits (as applicable;write "NA"for those permit types that are not applicable): Project Name Permit/Appl Issue Date Other Information No. CAMA Major n/a NA Erosion& Sidbury Station Phase 2 New not submitted Disturbed Area Sedimentation Control Hanover reset 77.19 acre NPDES Industrial n/a I NA Stormwater 404/401 Permit Sidbury Station Phase 2 not submitted Proposed Impacts I I vet If/ac 4. Local jurisdiction for building permits: New Hanover County Point of Contact:Nicholas Gadzekpo Phone#: (910 ) 798-7308 C.L .60, ,,. cif „'d'4• v a. Si A- D. CONTACT INFORMATION r.` f Q SE a, 1. Applicant/Financially Responsible Party (may be an Organization):D. R. Horton, Inc. . f ii Signing Official Name &Title:Libby Shelton, Vice-President r ��. r- c,,;� ��� Street Address:1341 Horton Circle 'r-"�ra """'�y" k, City:Arlington State:TX Zip:76011 -,'"„,,;,,,,:,x" Mailing Address (if different): City: State: Zip: Phone: (843) .-ioq-O752 Fax: Email: I EFI?y'\ncr'j e drk or+o►rl,con- 2. If the Applicant is a Corporation or LLC (Address must match address on file with NC Dept of the Secretary of State): Name of Registered Agent:CT Corporation System Mailing Address:160 Mine Lake Court, Suite 200 City:Raleiah State:NC Zip:27615-6417 Phone: ( ) Fax: ( ) Email: flECEIvE sFp 2 12022 Stormwater Fast Track ATC Appiicat;on Form Page 2 of 9 BY, o. ?,0. 2018 ECEI V Ej SEP 2 2022 3. The Applicant is the (check all that apply): ® Property Owner BY ❑ Lessee (Attach a copy of the lease agreement& complete Item 4.) ❑ Purchaser(Attach a copy of the pending sales agreement& complete Item 4.) ❑ Developer(Attach a copy of the development agreement&complete Item 4.) 4. If the Applicant is NOT the Property Owner (skip to Item 5 if the Applicant IS the Property Owner): Property Owner Name/Organization: Signing Official &Title: Street Address: City: State: Zip: Mailing Address (if applicable): City: State: Zip: Phone: ( ) Fax: (_) Email: 5. The licensed Design Professional that will be retained for the duration of the project, who may provide information on the Applicant's behalf, and who will prepare and certify the as-built package: Consulting Engineer/Landscape Architect:Richard A. Moore, PE Consulting Firm: McKim and Creed, Inc. Mailing Address:243 N. Front Street City:Wilmington State:NC Zip:28401 Phone: (910 ) 343-1048 Fax: (910) 251-8282 Email: RAMooCe '. c-rc. d• Conn 6. [OPTIONAL] If you would like to designate another person to answer questions about the project: Name&Title:Will Riddick, Project Manager Organization: D.R. Horton, Inc. Mailing Address:131 Racine Drive, Suite 201 City:Wilmington State:NC Zip 84`�1�q � ,a +1: ,.,.,f� � o Phone: (843 ) 737-2904 Fax: ( ) 'I" Se"e Email:whriddick@drhorton.com r. SEAL ; pprl' /are' E. PROJECT INFORMATION u.zv5'z. 1. Specify the type of project (check one): ❑ Low Density ® High Density 2. Briefly summarize how the stormwater runoff will be treated/conveyed: vi '' t ,,;• The stormwater will be collected via traditional stormwater collection systems (pipes, catch drop inlets, etc) and conveyed to 1 of 4 stormwater control measures (wet ponds) prior to discharge into the receiving surface waters. 3. Stormwater runoff from this project drains to the Cape Fear River basin(s). 4. Receiving water information (if more than 3 receiving waters,provide additional information on an attached sheet): Receiving Receiving Receiving Water 1 Water 2 Water 3 Receiving Stream Name Prince George Creek Island Creek Stream Classification C,Sw C, Sw IStream Index Number I 18-74-53 18-74-50 Stormwater Fast Track ATC Application Form Page 3 a 9 Feb 10, 2018 5. Project area and density information: Total Property Area 3,600,368 sf Total Surface Water Area 0 sf Considered to include: • the normal pool of impounded structures; • the area between the banks of streams and rivers;and • the area below the Normal High Water(NHW)line or Mean High Water(MHW)line. Total Coastal Wetlands Area 0 Sf Considered to include: coastal wetlands landward from the NHW(or MHW)line. Total Project Area 3,600,368 sf Excludes the surface water area and coastal wetland area identified above. May or may not be the same as Property Area. Built-Upon Area(BUA)associated with Existing Development 0 sf "Existing development"means those projects that are built or those projects that have established a vested right under North Carolina law as of the effective date of the state stormwater program or applicable local government ordinance to which the project is subject. Proposed New BUA 1,214,771 Includes proposed new BUA that is not associated with existing development. sf "BUA"is defined in N.C.G.S. 143-214.7(b2). it includes,but is not limited to:buildings, roads,parking areas, sidewalks,and some gravel areas. The design volume of SCMs must take intoo account the runoff from build out from all surfaces draining to the SCM in accordance with 15A NCAC 02H.1050(1). Project Density w/Existing Development: Project Density=[New BUA]/(Total Project Area—Existing BUA]x 100 or 33.74 % w/o Existing Development: Project Density=[New BUA]/Total Project Area]x 100 6. Anticipated construction start date September, 2022 7. Is the project located within 5 miles of a public airport? ❑ No ®Yes If'Yes,'see S.L. 2012-200, Part VI:http://www.ncleg.net/Sessions/2011/Bills/Senate/PDF/S229v6.pdf and DEQ Stormwater Design Manual Chapter E-4 Airports. 8. For projects in Union County: Contact DEMLR Central Office Stormwater staff at 919-707-9200 to determine if the project is located within a Threatened& Endangered Species watershed that may be subject to more stringent stormwater requirements per 15A NCAC 02B.0600. y :A:4 �S 'C2 7Jtt 4 flECEIVEg - ;. �;� ;c, : EP 2 1 2022 RV- Stormwater Fast Track ATO Appl'cation Form Page 4 of 9 Feb. 10. 2018 F. SUBMITTAL REQUIREMENTS Submit the application package to the appropriate DEMLR Regional Office(Coastal, SA Waters) or DEMLR Central Office (Urbanizing Areas Ph 2, USMP, Non-Coastal HQW/ORW). Only application packages that include all required items listed below will be accepted and reviewed. Initial each Item below to indicate that the required information is provided in the application package: Wale apse, M I Cot 1.ZIOND original�signed hard copies and one electronic copy of this State Stormwater Fast Track Process"Authorization to Construct" (ATC) Permit Application Form. 11.0011 2. Permit application processing fee of$505 payable to NCDEQ. 174101 3. Two hard copies and one electronic copy of a USGS map identifying the project location and GPS coordinates for the project. If the receiving water is Class SA or the receiving water drains to Class SA waters within '/2 mile of the project boundary, include the mile radius on the map. If the project is within 575 feet of Class SA-ORW waters, include the 575-foot r�� radius on the map. #400% 4. Two original signed hard copies and one electronic copy of a site plan depicting the boundary of the project or project phase currently being permitted, including the locations of SCMs, 12firvt streams,wetlands, and buffers. 5. Two hard copies and one electronic copy of a construction sequence that discusses how any future development on the project may be phased. Nil_3 6. A copy of the most current property deed. Deed book: Page No: as''I v•;C large 7. [IF APPLICABLE]When the applicant is a corporation or a limited liability corporation (LLC): Provide two hard copies and one electronic copy of documentation from the NC Secretary of State, or other official documentation, which supports the titles and positions held by the persons listed in Section C.2 per 15A NCAC 2H. 1043(3)(b). The corporation or LLC must be listed as an active corporation in good standing with the NC Department of the Secretary of State;otherwise,the _`/f application will be returned. https://www.sosnc.aov/search/index/coro IW 8. [IF APPLICABLE]When the applicant is a Partnership or other person engaging in business under an assumed name, attach a copy of the Certificate of Assumed Name. AIA9. [IF APPLICABLE]When the applicant is not the property owner: Provide two hard copies and one electronic copy of lease agreements, affidavits, pending sales agreement, development agreement, or other documents showing that the applicant has obtained legal rights to submit a stormwater _t I1 permit application within the proposed project area. M,A 10. [IF APPLICABLE] If modifying an existing permit for completed or partially completed projects, a copy of the designer's certification. AUG 15 2022 BY: Stormwater Fast Track ATC Application Form Page 5 of 9 Feb. 10,2018 G. CERTIFICATION OF APPLICANT/FINANCIALLY RESPONSIBLE PARTY The Applicant,who is also the Financially Responsible Party, identified in Section D of this form must sign and have notarized the following guaranty: I, (print or type name of Applicant/Financially Responsible Party) Ian Flannery , certify that the information included on this permit application form is,to the best of my knowledge, correct and that: 1. the design has been or will be completed in accordance with the MDC as set forth in Rules 15A NCAC 02H .1050 through .1062,to the best of my knowledge; 2. the completed design meets or will meet the MDC and that the percentage BUA that is the basis for the design shall not be exceeded,to the best of my knowledge;and 3. As the applicant, I shall maintain a licensed professional of record for the duration of the project who will prepare and certify the as-built package. If I retain another licensed professional before the project is complete,then I shall provide an updated guaranty with the current licensed professional's seal. A licensed professional shall inform the Division if he is no longer associated with this project. The above information is true and correct to the best of my knowledge and belief and was provided by me under oath I agree to provide corrected information should there be any change in the information provided herein. Libby Shelton Vice-President Type or pZ4,,nayi e Title or Authority k 7 w-• cS14.(2.1 tell CP(higk Signature Date I, Ian Flannery , a Notary Public for the State of North Carolina County of New Hanover , do hereby certify that Elizabeth (Libby) Shelton personally appeared before me this 1DTJ1 day of JvnJ� , 2022 , and acknowledge the due execu io t plication for a stormwater permit. Witness my hand and official seal, 1J` RJ- SEAL 5" 1ptARY U= %2 PUB�-��' ,:1 My commission expires 05/17/2025 �� }tea ` hj flAU6152O22L ; BY. Stormwater Fast Track ATC Application Form Page 6 of 9 Feb. 10,2018 DESIGN PROFESSIONAL'S CERTIFICATION To be completed by the Design Professional identified in Section D.5. I, Richard A. Moore, PE , attest to the following: 1.This application has been reviewed by me and is accurate and complete,to the best of my knowledge; 2. The design has been completed in accordance with the MDC as set forth in Rules 15A NCAC 02H .1050 through .1062, as applicable; 3. The percentage built-upon area that is the basis for the design will not be exceeded;and 4. I have the expertise, education, and experience required to design the SCMs proposed in this application in accordance with the MDC as set forth in Rules 15A NCAC 02H .1050 through .1062. 5. I will provide all documents and certified as-built plans in hard copy and electronic format related to this permit to a new Applicant/Property Owner and to DEMLR upon transfer of this permit to a new Applicant/Property Owner. Note: In accordance with N.C.G.S. 143-215.6A and 143-215.6B, any person who knowingly makes any false statement, representation, or certification in any application shall be guilty of a Class 2 misdemeanor which may include a fine not to exceed$10,000 as well as civil penalties up to$25,000 per violation. In addition,any person who knowingly makes any false statement, representation, or certification in any application may be reported to the appro . C professional licensing board. Signature: "a Date: S !r kci. %%%%%%I{Ii111t1i/ip�/II ZN C q ./'`s +•°©�FESS/G a���.,�� SEAL fie- ti - ti SEAL { 025503 27 S1 pis v � ++ AUG 5 20222 IA I BY: Stormwater Fast Track A T C Application Form Page 7 of 9 Feb. 10,2018 I. PROPERTY OWNER'S AUTHORIZATION (IF APPLICANT IS NOT THE PROPERTY OWNER) I, (print or type name of the Property Owner) N 11¼ , certify that I own the property identified in this permit application, and thus give permission to (print or type name of Applicant) with (print or type name of Applicant's organization) to develop the project as currently proposed. A copy of the lease agreement or pending property sales contract has been provided with the submittal,which indicates the party responsible for the operation and maintenance of the stormwater system. As the legal property owner I acknowledge, understand, and agree by my signature below,that if my designated agent(entity listed in Contact Information, item 1) dissolves their company and/or cancels or defaults on their lease agreement, or pending sale, responsibility for compliance with the DEMLR Stormwater permit reverts back to me,the property owner.As the property owner, it is my responsibility to notify DEMLR immediately and submit a completed Name/Ownership Change Form within 30 days;otherwise I will be operating a stormwater treatment facility without a valid permit. I understand that the operation of a stormwater treatment facility without a valid permit 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, pursuant to NCGS 143-215.6. Signature: Date: I, , a Notary Public for the State of , County of , do hereby certify that personally appeared before me this day of , , and acknowledge the due execution of the application for a stormwater permit. Witness my hand and official seal, SEAL My commission expires 8 L&: 'fir' iL i AUG 15 2022 J' i' BY ! e Stormwater Fast Track ATC Application Form Page 8 of 9 Feb. 10,2018 J. CERTIFICATION OF CURRENT PERMITTEE (COMPLETE ONLY IF PERMIT TRANSFER IS REQUESTED) I (print or type name of the Current Permittee M/4 am submitting YA � , 9 this request for a transfer of Fast Track ATC permit#SWA .With the submission of this transfer request I am providing a copy of the most recent permit, all related documents and as- built plans certified by my design professional in hard copy and eiectronic format to the Proposed Permittee/Applicant identified in Section G of this application and to DEMLR . I further attest that this request for a permit transfer is accurate and complete to the best of my knowledge. I assign all rights and obligations as permittee to the proposed permittee named in Section G of this form. Signature: Date: I, , a Notary Public for the State of , County of , do hereby certify that personally appeared before me this day of , , and acknowledge the due execution of the application for a stormwater permit. Witness my hand and official seal, SEAL My commission expires 8 ' ) auk 5 2022 ay: ________ L. Stormwater Fast Track ATC Application Form Page 9 of 9 Feb. 10,2018