HomeMy WebLinkAboutSW1170501_Application_20170517NC 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. Kany item cannot
be checked, then the project must apply under the Standard Permitting Process.
pp 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.
0 The project is not proposing an alternative design.
.p 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.
❑p 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.
N I understand that the Fast Track ATC Permit will expire five years after the date of issuance.
B. GENERAL INFORMATION
1 Project Name: ACONY BELL COMMUNITY
2. Previous Project Name (if applicable): NA
3. Location of Project (street address): 10517 BOYSTON HIGHWAY
City: MILLS RIVER County: HENDERSON
4. Directions to project (from nearest major intersection):
TRAVELING WEST ON 1-26 TOWARDS ASHEVILLE, NC, TAKE EXIT FOR 280 WEST "AIRPORT ROAD"
28759
TRAVEL APPROXIMATELY
10.3 MILES TO BRICKYARD ROAD, SR 1323. HEAD SOUTH .17 MILES ON BRICKYARD ROAD AND ENTRANCE IS ON THE
RIGHT
5. Latitude: 35 ^ 32 ' 98 . N Longitude: -82 ° 63 , 72 " W of the main entrance to the project.
C. PERMIT INFORMATION
1. Specify whether project is (check one):
fa❑ New, no previous application
❑ New, replacing a previous Fast Track ATC Permit -- provide previous permit number: SWA
By checking the above box, you are also requesting that DEQ rescind the previous Fast Track ATC Permit
upon issuance of the new Fast Track ATC Permit.
Stormwater Fast Track ATC Application Form Page 1 of 9 Jan. 1, 2017
DEMLR USE ONLY
Date Received
Fee Paid Permit Number
SW Program(s): D Coastal SA-HQW
D Non -coastal HQW
D Coastal SA-ORW D Coastal FW-ORW D Coastal Other
D Non -coastal ORW 9 Urbanizing Areas D 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. Kany item cannot
be checked, then the project must apply under the Standard Permitting Process.
pp 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.
0 The project is not proposing an alternative design.
.p 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.
❑p 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.
N I understand that the Fast Track ATC Permit will expire five years after the date of issuance.
B. GENERAL INFORMATION
1 Project Name: ACONY BELL COMMUNITY
2. Previous Project Name (if applicable): NA
3. Location of Project (street address): 10517 BOYSTON HIGHWAY
City: MILLS RIVER County: HENDERSON
4. Directions to project (from nearest major intersection):
TRAVELING WEST ON 1-26 TOWARDS ASHEVILLE, NC, TAKE EXIT FOR 280 WEST "AIRPORT ROAD"
28759
TRAVEL APPROXIMATELY
10.3 MILES TO BRICKYARD ROAD, SR 1323. HEAD SOUTH .17 MILES ON BRICKYARD ROAD AND ENTRANCE IS ON THE
RIGHT
5. Latitude: 35 ^ 32 ' 98 . N Longitude: -82 ° 63 , 72 " W of the main entrance to the project.
C. PERMIT INFORMATION
1. Specify whether project is (check one):
fa❑ New, no previous application
❑ New, replacing a previous Fast Track ATC Permit -- provide previous permit number: SWA
By checking the above box, you are also requesting that DEQ rescind the previous Fast Track ATC Permit
upon issuance of the new Fast Track ATC Permit.
Stormwater Fast Track ATC Application Form Page 1 of 9 Jan. 1, 2017
❑ Modification of an existing stormwater permit— provide existing permit number: SW
Status of construction? ❑ Not Started ❑ Partially Completed ❑ Completed
❑ Transfer of existing Fast Track ATC Permit— provide existing ATC permit number: SWA
2. Applicable state stormwater program(s) (check all that apply)
❑
Coastal SA-HQW
X
Urbanizing Areas (Phase 2)
❑
Coastal SA-ORW
❑
Non -Coastal HQW
Is any portion of the project within 575 feet
CAMA Major
NA
NA
of SA-ORWwaters? ❑ Yes ❑ No
❑
Non -Coastal ORW
❑
Coastal Freshwater ORW
❑
USMP
❑
Coastal — Other
3. Other Permits (as applicable):
4. Local jurisdiction for building permits: MILLS RIVER
Point of
D. CONTACT INFORMATION
Applicant/Financially Responsible Party (may be an Orgi
Signing Official Name & Title: MARK BROOKS, PRESIDENT
Street Address: 17 ARLINGTON STREET
City: ASHEVILLE
Mailing Address (if different):
Phone #: ( )
nizatlon): BME HOLDINGS
State: NO Zip: 28801
City: State: Zip:
Phone: ( 828 ) 232-4700 Fax: ( 828) 232-1331
Email: mbrooks@brooksea.com
2. If the Applicant is a Corporation (Address must match address on file with NC Dept of the Secretary of State):
Name of Registered Agent: Mark Brooks
Mailing Address: 17 Arlington Street
City: Asheville
Phone: ( 828 ) 232-4700
State: NO Zip: 28801
Fax: ( 8281 232-1331
Email: mbrooks@brooksea.com
3. The Applicant is the (check all that apply):
❑ Property Owner
❑ Lessee (Attach a copy of the lease agreement & complete Item 4.)
❑ Purchaser (Attach a copy of the pending sales agreement & complete Item 4.)
W Developer (Attach a copy of the development agreement & complete Item 4.)
Stormwater Fast Track ATC Application Form Page 2 of 9 Jan. 1, 2017
Project Name
Permit/Appl
Issue Date
Other Information
No.
CAMA Major
NA
NA
NA
Erosion &
Disturbed Area
Sedimentation Control
acre
NPDES Industrial
NA
NA
Stormwater
404/401 Permit
NA
Proposed Impacts
If/ac
4. Local jurisdiction for building permits: MILLS RIVER
Point of
D. CONTACT INFORMATION
Applicant/Financially Responsible Party (may be an Orgi
Signing Official Name & Title: MARK BROOKS, PRESIDENT
Street Address: 17 ARLINGTON STREET
City: ASHEVILLE
Mailing Address (if different):
Phone #: ( )
nizatlon): BME HOLDINGS
State: NO Zip: 28801
City: State: Zip:
Phone: ( 828 ) 232-4700 Fax: ( 828) 232-1331
Email: mbrooks@brooksea.com
2. If the Applicant is a Corporation (Address must match address on file with NC Dept of the Secretary of State):
Name of Registered Agent: Mark Brooks
Mailing Address: 17 Arlington Street
City: Asheville
Phone: ( 828 ) 232-4700
State: NO Zip: 28801
Fax: ( 8281 232-1331
Email: mbrooks@brooksea.com
3. The Applicant is the (check all that apply):
❑ Property Owner
❑ Lessee (Attach a copy of the lease agreement & complete Item 4.)
❑ Purchaser (Attach a copy of the pending sales agreement & complete Item 4.)
W Developer (Attach a copy of the development agreement & complete Item 4.)
Stormwater Fast Track ATC Application Form Page 2 of 9 Jan. 1, 2017
4. If the Applicant is NOT the Property Owner (skip to Item 5 if the Applicant IS the Property Owner):
Property Owner Name/Organization: JAMES EIDAS ANDERSON
Signing Official & Title: TRUSTEE
Street. Address: 517 SUWANNEE DRIVE, PO BOX 489
City: MONTREAT
Mailing Address (if applicable): PO BOX 489
r:ity- MONTREAT
Phone:( 28 1 669-1812
Email. EADEJANEQGMAIL.COM
State: NC Zip: 28757
State: NC
Fax: ()
28757
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: TRAVIS MAXWELL, PE
Consulting Firm: BROOKS ENGINEERING ASSOCIATES, PA
Mailing Address: 17 ARLINGTON STREET
City: ASHEVILLE
Phone: ( 828 ) 232-4700
Email: tmaxwell@brooksea.com
State: NC Zip: 28801
Fax: ( 828 ) 232-1441
6. [OPTIONAL] If you would like to designate another person to answer questions about the project:
Name & Title:
Organization:
Mailing Address:
City: State:
Phone: ( ) Fax:
E. PROJECT INFORMATION
1. Specify the type of project (check one): 0 Low Density ❑ High Density
2. Briefly summarize how the stormwater runoff will be treated/conveyed:
PROJECT WILL BE IN CONFORMANCE WITH LOW DENSITY REQUIREMENTS. PROJECT WILL UTILIZE ROAD SWALES AND LIMITED CROSS PIPES
SWALES WILL BE TRAPEZOIDAL WITH 3:1 SIDE SLOPES AND A 2' WIDE BOTTOM
3. Stormwater runoff from this project drains to the FRENCH BROAD River basin(s).
4. Receiving water information if more than 3 receiving wafers, provide additional information on an attached sheet):
Stormwater Fast Track ATC Application Form Page 3 of 9 Jan. 1, 2017
Receiving Receiving Receiving
Water 1 Water 2 Water 3
Receiving Stream Name
BOYLSTON CREEK
Stream Classification
C
Stream Index Number
6-52-(.5)
Stormwater Fast Track ATC Application Form Page 3 of 9 Jan. 1, 2017
5. Proiect area and densitv information:
Total Property Area
749,232 at
Total Surface Water Area
19210S
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 (NHIM line or Mean High Water (MHI49 line.
Total Coastal Wetlands Area
Osf
Considered to include: coastal wetlands landward from the NHW (or MHW) line.
Total Project Area
730,0225f
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
Osf
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
124,937 sf
Includes proposed new BUA that is not associated with existing development.
'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 into account the
runoff from build out from all surfaces draining to the SCM in accordance with 15A NCAC 02H. 1050(f).
Project Density
w/Existing Development: Project Density= ]New BUA]/[Total Project Area —Existing BUA] x100 or
16.7%
w/o Existing Development: Project Density = (New BUA]/Total Project Area] x 100
6. Anticipated construction start date 7/1/17
7. Is the project located within 5 miles of a public airport? X 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 Countv: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.
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:
Initials
TM 1. Two original signed hard copies and one electronic copy of this State Stormwater Fast Track
Process 'Authorization to Construct" (ATC) Permit Application Form.
Stormwater Fast Track ATC Application Form Page 4 of 9 Jan. 1, 2017
TM 2. Permit application processing fee of $505 payable to NCDEQ.
j,U__ 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'/ mile of the project boundary, include the Y mile radius
on the map. If the project is within 575 feet of Class SA-ORW waters, include the 575 -foot
radius on the map.
TM 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,
streams, wetlands, and buffers.
TM 5. Two hard copies and one electronic copy of a construction sequence that discusses how any
future development on the project may be phased.
TM _ 6. A copy of the most current property deed. Deed book: 189 Page No: 327
-CAG_— 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 INC Department of the Secretary of State; otherwise, the
application will be returned. https:/Avww.sosnc.gov/search/indexleorp
NA 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.
TM _ 9. [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
permit application within the proposed project area.
NA 10. [IF APPLICABLE] If modifying an existing permit for completed or partially completed projects, a copy
of the designers certification.
Stormwater Fast Track ATC Application Form Page 5 of 9 Jan. 1, 2017
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) MARK BROOKS
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.
,4t ?5)ZOO& A7VEJ&
Type or print name Title or Authority
J
9 r ------- ------------------- ----------------------Date --- / /
1, ES M, ./�ALa 1i _,a Notary Public for the State of Al. CA�LiN/r —,County
of —,do hereby certify that personally
appeared before me this
the appijgation for a
SM
1. �orgpr
`SON Co�,`�;:
#1,0181111101%
Witness my hand and official seal,
qV."
My commission expires 8— t 1 —2a 20
Stormwater Fast Track ATC Application Form Page 6 of 9 Jan. 1, 2017
H. DESIGN PROFESSIONAL'S CERTIFICATION
To be completed by the Design Professional identified in Section D.S.
TRAVIS MAXWELL , 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. 1 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. 1 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 appropriate NC professional licensing board.
Signature: Date: -2;'/M 164 d 1-7
CA
foggssto y G� '; - SEAL
SEAL _
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Stormwater Fast Track ATC Application Form Page 7 of 9 Jan. 1, 2017
I. PROPERTY OWNER'S AUTHORIZATION (IF APPLICANT IS NOT THE PROPERTY OWNER)
I, (print or type name of the Property OwnerlAM'eS Z4 de Mit �.SU ✓ , certify that I
own the property identified in this permit application, and thus give permission to (print or type name of Applicant)
Mark Brooks with (print or type name of Applicant's
organization) BMP Holdings. LLC 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 ofpivj penaltigs of up tp $25,000 per day, pursuant to NCGS 143-215.6.
-rA Date:
a Notary Public for the State of Am, , County
of e" crArjcEaor% do hereby certify that Z1atn,,. c Fwd.:. 4. d r ,rscr, personally
appeared before me this I_ day of an r and acknowledge the due execution of
the application for a s1pynwaterpermit. Witnes my hanj and official seal,
✓4 °00
tl'c #OT.4#VOLIG
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,t!PAF 416140%.
SEAL
My commission expires 4::�! f u3 o'2 /
Stormwater Fast Track ATC Application Form Page 8 of 9 Jan. 1, 2017