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HomeMy WebLinkAboutSW5221101_Annual Certification Info Letter_20230213 Post-Construction Stormwater Annual Certification Information Please be aware that, in accordance with G.S. 143-214.7(b4),the enclosed permit has a requirement for the permittee(or a designee of the permittee) to complete an electronic annual certification form indicating whether or not the project is in conformance with all of the requirements outlined in the permit. This electronic annual certification form can be accessed at the following web address: https://edocs.deg.nc.gov/Forms/PC-Annual-Cert The annual certification form must be completed by the permittee (or a designee of the permittee); an engineer/designer is not required to complete this certification but can do so if you so choose. For permits that have multiple permittees, only one certification for the permit is required annually and can be provided by any of the permittees (or their designees). Please refer to the table below to see when your first annual certification form is required to be submitted by. Failure to complete the annual certification form within the specified time can result in the initiation of enforcement action and may include recommendations for the assessment of civil penalties up to$25,000 per day for each violation pursuant to N.C.G.S. 143-215.6A. ...are required to submit their ...and are required to submit Permits issued from... first annual certification on or subsequent annual certifications on or before... before... 9/16/2021 to 10/31/2021 2/1/2024 9/1/2022 to 10/31/2022 Month and Day the permit was issued, 2024, 2025, 2026, etc... 11/1/2021 to 12/31/2021 2/15/2024 (for as long as the permit is in effect) 11/1/2022 to 12/31/2022 1/1/2022 to 2/28/2022 2/29/2024 1/1/2023 to 2/28/2023 Month and Day the permit was issued, 2025, 2026, 2027, etc... 3/1/2022 to 8/31/2022 Month and Day the (for as long as the permit is in effect) 3/1/2023 to 12/31/2023 permit was issued, 2024 Example 1: A permit that was issued on April 15, 2022 would be required to provide their first annual certification on or before April 15, 2024,their second Annual Certifications on or before April 15, 2025, their third Annual Certification on or before April 15, 2026, etc... for as long as the permit is in effect (just like federal income taxes). Example 2: A permit issued on October 23, 2022 would be required to provide their first annual certification on or before January 31, 2024 and subsequent Annual Certifications on or before October 23, 2024, October 23, 2025, etc... for as long as the permit is in effect. Example 3: A permit issued on October 23, 2023 would be required to provide their first annual certification on or before October 23, 2024 and subsequent Annual Certifications on or before October 23, 2025, October 23, 2026, etc... for as long as the permit is in effect. While not required, it is recommended not to complete your annual certification more than 6 months before the due date. Reminder emails will be sent 45 days before the annual certification is due (please ensure that your contact information that we have on file is current, if it is not, contact us). If you have any further questions, please direct them to postconstruction@deq.nc.gov Post-Construction Stormwater Annual Certification Information Frequently Asked Questions: Q:Why am I required to submit this certification form? A:The submittal of this electronic annual certification form is required per the conditions of your permit and per G.S. 143-214.7(b4). Typically,this permit requirement is located within the "Compliance" section of the permit(towards the end of the permit). If your permit was issued after September 16, 2021 and does not contain this language, please contact our office. Q: Does an engineer/designer need to complete this certification form? A: No,the form is intended to be completed by the permittee but can be completed by a designee of the permittee. Q: Is this the same thing as the designer's certification (included as an attachment to the permit and required per the permit)? A: No.This is a separate requirement.The designer's certification is a set of forms (typically included as "Attachment A"to the permit)that is a one-time certification to be completed once construction has finished (by the designer and the permittee) indicating that the project was built per the approved plans, specifications, and other permitting documents.The designer's certification also requires a notarized signature and the seal of a design professional.The annual certification form only needs to be completed by the permittee (or their designee) and certifies that the project is currently in conformance with permitting requirements. Q:When do I need to complete this certification form by? A:Typically,the annual certification form needs to be completed annually, on or before the date that the permit was issued (similar to how federal income taxes are due on or before the 15t" of April each year). Since the electronic annual certification form was not ready when the rule went into effect, we have developed a "catch-up" schedule to get things back on track. Please refer to the table on the other side of this page to determine when your first annual certification needs to be completed by. Q:What happens if I do not complete this certification form on time? A:The completion of the annual certification form is an enforceable part of the permit. Failure to complete the annual certification form can result in the initiation of enforcement action and may include recommendations for the assessment of civil penalties up to$25,000 per day for each violation pursuant to N.C.G.S. 143-215.6A. Q: I am no longer associated with this project, what, if anything, do I need to do? A: Please reach out to our office as you will either need to transfer the permit to a successor or update the point of contact within the permittee organization. Until the permit is transferred,you (the current permittee) are still responsible for meeting the permitting conditions. Q:There are multiple permittees on my permit, is each permittee required to submit an annual certification form? A: No. Only a single certification is required annually and may be provided by any of the listed permittees (or a designee of any of the listed permittees). If you have any further questions, please direct them to postconstruction@deq.nc.gov