SW3240803_Other Permits_20240906

DocuSign Envelope ID: BD3D0D28-E00A-4558-B8E5-D4A202FA84FC
=-'T,,STATE,",
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ROY COOPER a 7a i
Governor ` �1
ELIZABETH S.BISER y 4S[ISAR �_
Secretary '4E QuArviaA*__
BRIAN WRENN NORTH CAROLINA
Director Environmental Quality
November 14, 2022
Faith Charter LLC
Attn: Steve Hubrich,President
4321 Medical Park Drive, Suite 100
Durham,NC 27704
Subject: Fast Track Authorization to Construct(ATC)Permit No.SWA000171
Faith Charter School
Rowan County
Dear Mr. Hubrich:
The Division of Energy,Mineral and Land Resources received a complete"Authorization to Construct"
(ATC)Permit Application Form for the subject project on November 2, 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.
SWA000171 dated November 14, 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
licensed 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 November 14,
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.
This project will be kept on file at the Mooresville Regional Office. If you have any questions concerning
this permit,please contact Jim Farkas in the Central Office, at 919-707-3646 or [e-mail].
Sincerely,
dlifioted area 4 putted 7evveew
Brian Wrenn,Director
Division of Energy,Mineral and Land Resources
Enclosures: Attachment A—Fast Track Construction Commencement Form
Application Documents
DES/jf: \\WaterResources\DEMLR-Stormwater\SW Permits\SWA000171
cc: Don Sever,PE;Summit Design and Engineering Services
Building Department,Rowan County Building Inspections
NCDOT District Engineer
Zahid Khan,DEMLR
Mooresville Regional Office Stormwater File
NorthNorth Carolina DepartmentSalisburyStreet1 o 1612f EnvironmentalMailService Center I Raleigh Quality I DivisionNorth of Energy,MineralCarolina276
an99d-1 Land612 Resources
NORTH CAROLINA
�O,) 512 ,
Department of Environmental Quell 919.707.9200

DocuSign Envelope ID:BD3D0D28-E00A-4558-B8E5-D4A202FA84FC
Post-Construction Stormwater Management
ATC Permit No. SWA000171
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
Faith Charter LLC
Faith Charter School
North Main Street, Faith, Rowan 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 Crane Creek, a class C water in the Yadkin Pee-Dee 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 November 14, 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
.1017 NPDES MS4 and Urbanizing Areas: Post-Construction Requirements
.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

DocuSign Envelope ID:BD3D0D28-E00A-4558-B8E5-D4A202FA84FC
Post-Construction Stormwater Management
ATC Permit No. SWA000171
b. PROJECT AREA. The attached site plan depicts this project as a single project with a
project area of 1,124,756 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;
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 MDC 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

DocuSign Envelope ID:BD3D0D28-E00A-4558-B8E5-D4A202FA84FC
Post-Construction Stormwater Management
ATC Permit No. SWA000171
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.
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.
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.
Page 3 of 4

DocuSign Envelope ID:BD3D0D28-E00A-4558-B8E5-D4A202FA84FC
Post-Construction Stormwater Management
ATC Permit No. SWA000171
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 14th day of November 2022.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Oliyiaat day,ted 4 Aimed
Brian Wrenn, Director
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
ATC Permit Number SWA000171
Page 4 of 4

DocuSign Envelope ID:BD3D0D28-E00A-4558-B8E5-D4A202FA84FC
Post-Construction Stormwater Management
ATC Permit No. SWA000171
Attachment A
Fast Track Construction Commencement Form
ATC Permit No. SWA000171
Faith Charter School
Rowan County
Complete and submit this form (NO SUBSTITUTES) to the Mooresville Regional Office
The undersigned ��eby ptifies the agency below that the construction of this project is expected to
commence
mme%2 4 n (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.
r—DocuSigned by:
S{UA- twin fit, President 05/23/24
'-FnnA6n6711 RA466
Signature of Permit Holder Title (if any) Date
Designer's Certification
1 Donald Sever , as a duly registered Licensed Professional in the State of
North Carolina, having been authorized to observe (Pc 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, ,,\�N°
and date:
Q�oEssio'`/-9
SEAL
r—DocuSigned by: _ 0 24627 0 _ 5/30/2024
�OIA, S UAt
�3DBEAD8B@3604BE... % 9/°°° °o°o° c\\��\
Ai,,,,,,,,
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/o Zahid Khan
Post-Construction Storm water Management Program
Mooresville Regional Office
610 East Center Avenue, Suite 301
Mooresville, NC 28115
Page 1 of 1

Project Name Faith Charter K-8 Permit# SW8 SWA000171
AS-BUILT DESIGNER'S CERTIFICATION FOR
GENERAL MDC
I hereby state that I am a licensed professional and I certify by my signature and seal below, that I have observed
the construction of the project named above to the best of my abilities with all due care and diligence, and that the
project meets all of the below listed General MDC found in 15A NCAC 02H.1050, in accordance with the permit
documents, plans and specifications on file with or provided to the Division, except as noted on the"AS-BUILT"
drawings, such that the intent of the stormwater rules and the general statutes has been preserved.
❑ Check here if this is a partial certification. Section/phase/SCM#
® Check here if this is part of a Fast-Track As-Built Package Submittal per 15A NCAC 02H .1044(3).
❑ Check here if the Designer did not observe the construction but is certifying the project.
® Check here if pictures of the SCMs are provided.
Printed NameDonald A. Sever Signature
NC Registration Number024627 Date 7/1 O/2d
Consultant's Mailing Address:
SEAL: �N CAR°
/ 3301 Benson Dr Suite 400
eo".- uil\ �
EAL / 1r City:Raleioh State:NC Zip:27609
24627 ° c
9°f/vGINE�- ^ J��\ Phone:(919) -7323883
°°° P.
Consultant's Email address:
don.seversummitde.com
O Circle N if the as-built value differs from the Plan/permit. If N is circled, provide an explanation on page 3.
m N/E = Not Evaluated (provide explanation on page 2). ON/A= Not Applicable to this project or SCM.
Consultant's Certification 15A NCAC 02H .1003(3)&General MDC 15A NCAC 02H.1050
TREATMENT REQUIREMENTS OAs-built OO N/E ON/A
or N
1. The SCM achieves runoff treatment.
or N
2. The SCM achieves runoff volume match.
Y or 1�I
3. Runoff from offsite areas and/or existing BUA is bypassed.
4. Runoff from offsite areas and/or existing BUA is directed into 017 or N
the permitted SCM and is accounted for at the full build-out
otential.
5. The project controls runoff through an offsite permitted SCM Y or N ✓
that meets the requirements of the MDC.
6. The net area of new BUA increase for an existing project has for N
been accounted for at the appropriate design storm level.
NCDEQ 2/9/2018

Project Name Faith Charter K-8 Permit#SW8 SWA 000171
or orN
7. The SCM(s)meets all the specific minimum design criteria.
VEGETATED SETBACKS/BUAOAs-built ON/E OO N/A
1. The width of the vegetated setback has been measured from Y or N
the normal pool of impounded waters,the MHW line of tidal ✓'
waters,or the top of bank of each side of rivers or streams.
2. The vegetated setback is maintained in grass or other Y or N
vegetation.
3. BUA that meets the requirements of NCGS 143-214.7(b2)(2) Y or N
is located in the setback.
4. BUA that does not meet the requirements of NCGS 143-214.7 Y or N
(b2)(2)is located within the setback and is limited to:
• Publicly funded linear projects(road,greenway sidewalk) t/
• Water-dependent structures
• Minimal footprint uses(utility poles, signs, security
lighting and appurtenances)
5. Stormwater that is not treated in an SCM is released at the Y or N
edge of the setback and allowed to flow through the setback as
dispersed flow.
STORMWATER OUTLETS OAs-built ON/E ON/A
1. the outlet handles the peak flow from the 10-year storm with or N
no downslope erosion.
VARIATIONSOAs-built ON/E OO N/A
1. A variation(alternative)from the stormwater rule provisions y or N
has been implemented.
2. The variation provides equal or better stormwater control and y or N
equal or better protection of surface waters.
COMPLIANCE WITH OTHER REGULATORY PROGRAMS OO As-built ON/E OO N/A
1. The project is compliant with other applicable regulatory or N
programs.
SIZING @As-built ON/E ()NIA
1. The volume of the SCM takes the runoff from all surfaces into C)or N
account and is sufficient to handle the required storm depth.
CONTAMINATED SOILS OAs-built ON/E OO N/A
1. Infiltrating SCM's are not located in or on areas with y or N
contaminated soils.
SIDE SLOPES ®As-built ON/E ON/A
1. Vegetated side slopes are no steeper than 3H:1V. .r N
NCDEQ 2/9/2018

Project Name Faith Charter K-8 Permit#SW8 SWA 000171
-;.9
2. Side slopes include retaining walls, gabion walls, or other or N
surfaces that are steeper than 3H:1 V.
3. Vegetated side slopes are steeper than 3H:1 V(provide or N
supporting documents for soils and vegetation).
EROSION PROTECTION OAs-built ON/E OO N/A
(Yl or N
1. The inlets do not cause erosion in the SCM. 7
2. The outlet does not cause erosion downslope of the discharge or N
point during the peak flow from the 10-year storm.
EXCESS FLOWS OAs-built OO N/E OO N/A
1. An overflow/bypass has been provided. Q or N
DEWATERING OAs-built ON/E ON/A
1. A method to drawdown standing water has been provided to y or
61
facilitate maintenance and inspection.
CLEANOUT AFTER CONSTRUCTIONOAs-built ON/E OO N/A
1. The SCM has been cleaned out and converted to its approved or N
design state.
MAINTENANCE ACCESSOAs-built ON/E OO N/A
(y/ or N
1. The SCM is accessible for maintenance and repair.
or N
2. The access does not include lateral or incline slopes>3:1.
DESIGNER QUALIFICATIONS(FAST-TRACK PERMIT) OAs-built OO N/E OO N/A
1. The designer is licensed under Chapters 89A, 89C, 89E,or or N
89F of the General Statutes. lG
Provide an explanation below for every MDC that was not met,and for every item marked "N/A"or"N/E."
Attach additional pages as needed.
�cf�'aZ 4-2&" ic1 o 4/1-4-04")ca i-o�c- - �� �•
N Col.15 1(N► E1 So/1-_5 1✓x,S
NCDEQ 2/9/2018

Project Name Faith Charter K-8 Permit# SW8 SWA 000171
AS-BUILT PERMITTEE CERTIFICATION
I hereby state that I am the current permittee for the project named above, and I certify by my signature below,
that the project meets the below listed Final Submittal Requirements found in 15a NCAC 02H.1042(4)and the
terms,conditions and provisions listed in the permit documents,plans and specifications on file with or provided
to the Division.
❑ Check here if this is a partial certification. Section/phase/SCM#
® Check here if this is part of a Fast-Track As-Built Package Submittal per 1155AA NCAC 02H .1044(3).
Printed Name 7"."4L1 sEvS� ��-• Signature-� (
I, `_.z2eNe. N REDD• Mi1 , a Notary Public in the State of rfvr-4in Cc.tb ,
County of Wo-.\er , do hereby certify that 7)0r,a 16 �eve_r
personally appeared before me this - day of au-)ci - , 20 a L\
.O%tlorn
and acknowledge the due execution of this as-built certification. ad4
Witness my hand an official seal / .7, p•AR •=��%s
ma
s A OG `V
My commission expires 4r rn - cQ �c�d t� % rZ'••• U8� .•••'' '�c`'
•
Permittee's Certification 15A NCAC 02H.1042(4)
DEED RESTRICTIONS/BUA RECORDS Completed/ N/A
Provided
1. The deed restrictions and protective covenants have been recorded and Y or N
contain the necessary language to ensure that the project is maintained
consistent with the stormwater regulations and with the permit conditions.
2. A copy of the recorded deed restrictions and protective covenants has been Y or N
provided to the Division.
3. Records which track the BUA on each lot are being kept.(See Note 1) Y or N
MAINTENANCE ACCESS Completed/ N/A
Provided
1. The SCMs are accessible for inspection,maintenance and repair. Y or N ✓,
Y or N ,/
2. The access is a minimum of 10-feet wide.
Y or N ✓
3. The access extends to the nearest public right-of-way.
NCDEQ 2/9/2018

Project Name Faith Charter K-8 - Permit#SW8 SWA 000171
EASEMENTS Completed/ N f�
Provided /
1. The SCMs and the components of the runoff collection/conveyance system Y or N ✓'
are located in recorded drainage easements.
2. A copy of the recorded plat(s)is provided. Y or N ✓
SINGLE-FAMILY RESIDENTIAL LOTS Completed/
Plats for residential lots that have an SCM include the following: Provided 1i�
11.
1. The specific location of the SCM on the lot. Y or N
2. A typical detail for the SCM. Y or N
3. A note that the SCM is required to meet stormwater regulations and that the
lot owner is subject to enforcement action as set forth in NCGS 143 Article Y or N
21 if the SCM is removed. relocated or altered without prior approval.
OPERATION AND MAINTENANCE AGREEMENT Completed/
Provided
1. The O&M Agreement is referenced on the final recorded plat. Y or
2. The O&M Agreement is recorded with the Register of Deeds and appears in Y or 6
the chain of title.
OPERATION AND MAINTENANCE PLAN Completed/
Provided
1. Maintenance records are being kept in a known,set location for each SCM wor N
and are available for review.
DESIGNER'S CERTIFICATION FORM Completed/
Provided
1. A completed designer's certification form has been provided to the Qor N
Division.
Provide an explanation below for every requirement that was not met,and for every item marked "N/A."
Attach additional pages as needed.
r o N -I-L. 0 f M r`c cored
cc 1 rceme✓T lS a- STw:"ew,-c 7 .11lcP- ccepS 7; Sal iS pro v.d.e
67 bfOr)J e.4Sevn�. T
NCDEQ 2/9/2018

From: Brad Luckey
To: Steve Hubrich
Cc: Aric Geda; Don Sever,PE
Subject: FW:SAW-2022-02111/Faith Charter Academy Culvert Replacement/Faith Charter, LLC/Salisbury/Rowan
County,NC-STATUTORY APPROVAL
Date: Wednesday,March 1,2023 8:13:24 AM
Attachments: SAW-2022-02111 Exhibits.odf
NWP-3.odf
Steve-See attached email from Corps that confirms the permit application was statutorily approved.
Let me know if you have any questions. Thanks.
Sincerely,
Bradley S. Luckey, PWS
336.708.4997(c)
336.310.4527(o)
PO Box 128
Kernersville, NC 27285
www.pilotenviro.com
bluckeyCa pilotenviro.com
From: Hopper, Christopher D CIV USARMY CESAW (USA) <[e-mail]>
Sent: Wednesday, February 1, 2023 9:52 AM
To: [e-mail]; Brad Luckey<[e-mail]>
Cc: Luckman, Debbie <[e-mail]>
Subject:SAW-2022-02111/ Faith Charter Academy Culvert Replacement/Faith Charter, LLC/
Salisbury/Rowan County, NC-STATUTORY APPROVAL
Dear Steve Hubrich and Brad Luckey,
A preconstruction notification application (PCN) November 3, 2022 was submitted for the proposed
activities. Due to workload,the Corps was unable to provide timely formal written verification for
impacts proposed in your preconstruction notification application.
General Condition number 32, which lists the notification requirements for nationwide permits,
states that "The prospective permittee shall not begin the activity: (1) Until notified in writing ...., or
(2) If 45 calendar days have passed from the district engineer's receipt of the complete PCN and the
prospective permittee has not received written notice from the district or division engineer."
Accordingly, on December 18, 2022,the applicant, Faith Charter, LLC, was authorized to place fill or
dredged material into waters, associated with the construction of the Faith Charter Academy Culvert
Replacement project, under nationwide permit number 3, as proposed in the permit application
dated November 3, 2022. I have attached a copy of the applicable permit conditions.The expiration
date for the permit verification is March 14, 2026.
Please note that your work is authorized by the above referenced permit provided it is accomplished
in strict accordance with the permit conditions and your submitted plans (see attached). Any
violation of the conditions or deviation from your submitted plans may subject the permittee to a

stop work order, a restoration order and/or appropriate legal action.
It is your responsibility to contact the North Carolina Division of Water Resources (NCDWR) Raleigh
Regional Office to determine the 401 requirements for this project. Please note that, if an Individual
401 WQC is required from NCDWR,the conditions of the Individual 401 WQC, once issued, are also
conditions of the NWP referenced above. You may not conduct the activity authorized by the above
referenced NWP without a valid 401 Water Quality Certification.
Please let me know if you have any questions regarding this statutory verification, or any of the
conditions of the permit.
Christopher D. Hopper
Regulatory Specialist
U.S. Army Corps of Engineers
Regulatory Division
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
0: [phone], Ext. 35
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o
ROY COOPER �; r
Governor
u Op ELIZABETH S.BISER ` 2'
Secretary *`$aLw 01*=
RICHARD E.ROGERS,JR. NORTH CAROLINA
Director Environmental Quality
January 9, 2023
DWR# 22-1578
Rowan County
Steve Hubrich
4321 Medical Park Drive
Durham,NC 27704
Delivered via email to [e-mail]
Subject: Approval of Individual 401 Water Quality Certification
Faith Charter, LLC, USACE Action ID. No. SAW-2022-02111
Mr. Hubirch:
Attached hereto is a copy of Certification No.WQC005528 issued to Mr. Steve Hubirch and Faith
Charted, LLC,dated January 9, 2023. This approval is for the purpose and design described in your
application.The plans and specifications for this project are incorporated by reference as part of this
Water Quality Certification. If you change your project,you must notify the Division and you may be
required to submit a new application package with the appropriate fee. If the property is sold,the
new owner must be given a copy of this Certification and is responsible for complying with all
conditions. [15A NCAC 02H .0507(d)(2)].
This General Certification does not relieve the permittee of the responsibility to obtain all other
required Federal,State,or Local approvals before proceeding with the project,including those
required by,but not limited to,Sediment and Erosion Control,Non-Discharge,Water Supply
Watershed,and Trout Buffer regulations.
This Water Quality Certification neither grants nor affirms any property right,license,or privilege
in any lands or waters,or any right of use in any waters. This Water Quality Certification does not
authorize any person to interfere with the riparian rights,littoral rights, or water use rights of any
other person and does not create any prescriptive right or any right of priority regarding any usage
of water. This Water Quality Certification shall not be interposed as a defense in any action
respecting the determination of riparian or littoral rights or other rights to water use. No
consumptive user is deemed by virtue of this Water Quality Certification to possess any
prescriptive or other right of priority with respect to any other consumptive user regardless of the
quantity of the withdrawal or the date on which the withdrawal was initiated or expanded.
Upon the presentation of proper credentials,the Division may inspect the property.
This Water Quality Certification shall expire on the same day as the expiration date of the
corresponding Individual Section 404 Permit. The conditions shall remain in effect for the life of
the project,regardless of the expiration date of this Water Quality Certification.
Non-compliance with or violation of the conditions herein set forth may result in revocation of this
Water Quality Certification for the project and may also result in criminal and/or civil penalties.

If you are unable to comply with any of the conditions of this Water Quality Certification you must
notify the Mooresville Regional Office within 24 hours (or the next business day if a weekend or
holiday) from the time the permittee becomes aware of the circumstances.
The permittee shall report to the Mooresville Regional Office any noncompliance with,and/or any
violation of,stream or wetland standards [15A NCAC 02B .0200] including but not limited to
sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or
the next business day if a weekend or holiday) from the time the permittee became aware of the
non-compliance circumstances.
This approval and its conditions are final and binding unless contested [G.S. 143-215.5]. Please be
aware that impacting waters without first applying for and securing the issuance of a 401 Water
Quality Certification violates Title 15A of the North Carolina Administrative Code (NCAC) 2H .0500.
Title 15A NCAC 2H .0500 requires certifications pursuant to Section 401 of the Clean Water Act
whenever construction or operation of facilities will result in a discharge into navigable waters,
including wetlands,as described in 33 Code of Federal Regulations (CFR) Part 323. It also states
any person desiring issuance of the State certification or coverage under a general certification
required by Section 401 of the Federal Water Pollution Control Act shall file with the Director of the
North Carolina Division of Water Quality. Pursuant to G.S. 143-215.6A,these violations and any
future violations are subject to a civil penalty assessment of up to a maximum of$25,000.00 per day
for each violation.
This Certification can be contested as provided in Chapter 150B of the North Carolina General
Statutes by filing a Petition for a Contested Case Hearing(Petition) with the North Carolina Office of
Administrative Hearings (OAH)within sixty(60) calendar days. Requirements for filing a Petition
are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina
Administrative Code.Additional information regarding requirements for filing a Petition and Petition
forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk's Office at(919) 431-
3000.
One (1) copy of the Petition must also be served to the North Carolina Department of Environmental
Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC
02H .0500. Please contact Roberto Scheller at 704-235-2204 or [e-mail] if you
have any questions or concerns.
Sincerely,
�DocuSigned by:
A444244, H Prise"
F161FB69A2D84A3...
Andrew H. Pitner, P.G.,Assistant Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
cc: Bradley Luckey, Pilot Environmental,Inc.,[e-mail]
Chris Hopper,USACE Charlotte Field Office (via email)
DWR 401 &Buffer Permitting Branch Electronic file

NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC005528 is issued in conformity with the requirements of Section 401,Public
Laws 92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC
02H .0500 and 15A NCAC 02B .0200,to Steve Hubirch and Faith Charter LLC,who have authorization
for the impacts listed below,as described within your application received by the N.C. Division of
Water Resources (Division) on November 9, 2022,and by Public Notice issued by the U. S.Army
Corps of Engineers and received by the Division on November 9, 2022.
The State of North Carolina certifies that this activity will comply with water quality
requirements and the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws
92-500 and PL 95-217 if conducted in accordance with the application,the supporting
documentation,and conditions hereinafter set forth.
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
1. The following impacts are hereby approved. No other impacts are approved,including
incidental impacts. [15A NCAC 02H .0506(b)]
Type of Impact Amount Approved Amount Approved (units)
(units) Permanent Temporary
404/401 Wetlands
Site 1 0.01 (acres) 0 (acres)
Stream
Site 1 20 (Linear Ft.) 45 (Square Ft.)
2. Diversion ditches and other stormwater conveyances as related to the sediment and erosion
control measures shall be matted and/or stabilized to reduce sediment lost and turbidity. This
includes interior/exterior slopes of sediment basins. 15A NCAC 02H .05606 (b)(3) and (c) (3)
Justification: Failure to reduce erosion of runoff conveyances and to provide for maximum
reduction of erosion on areas not related to ongoing construction,shortens basin holding times,
increases turbidity of discharge and creates a greater potential of bypass discharge.
3. Bare/fill slopes in excess of 10 feet in height and within 30 feet of surface water shall be matted.
15A NCAC 02H.0506 (b)(1) and15A NCAC 02H .502 (c)
Justification:A project that affects waters shall not be permitted unless the existing uses, and
the water quality to protect such uses,are protected. In determining that the proposed activity
will comply with state water quality standards (including designated uses,numeric criteria,
narrative criteria and the state's antidegradation policy),the Division must evaluate if the
activity has avoided and minimized impacts to waters,would cause or contribute to a violation
of standards or would result in secondary or cumulative impacts
4. The permittee shall report to the DWR Mooresville Regional Office any noncompliance with,
and/or any violation of,stream or wetland standards [15A NCAC 02B .0200],including but not
limited to sediment impacts to streams or wetlands. Information shall be provided orally within
24 hours (or the next business day if a weekend or holiday) from the time the permittee became
aware of the non-compliance circumstances.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
Justification: Timely reporting of non-compliance is important in identifying and minimizing

detrimental impacts to water quality and avoiding impacts due to water pollution that precludes
any best use on a short-term or long-term basis.
5. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint
of the approved impacts (including temporary impacts).
Citation: 15A NCAC 02H.0506; 15A NCAC 02H.0507(c)
Justification:Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule(including, at minimum:aquatic life propagation,survival, and
maintenance of biological integrity;wildlife;secondary contact recreation;agriculture);and that
activities must not cause water pollution that precludes any best use on a short-term or long-term
basis.
6. All activities shall be in compliance with any applicable State Regulated Riparian Buffer Rules in
Chapter 2B of Title 15A in the North Carolina Administrative Code.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
Justification: The referenced Riparian Buffer rules were adopted to address water quality
impairments and further protect existing uses.
7. When applicable,all construction activities shall be performed and maintained in full
compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973).
Regardless of applicability of the Sediment and Pollution Control Act,all projects shall
incorporate appropriate Best Management Practices for the control of sediment and erosion so
that no violations of state water quality standards,statutes, or rules occur.
Design, installation, operation,and maintenance of all sediment and erosion control measures
shall be equal to or exceed the requirements specified in the most recent version of the North
Carolina Sediment and Erosion Control Manual,or for linear transportation projects,the North
Caroline Department of Transportation Sediment and Erosion Control Manual.
All devices shall be maintained on all construction sites,borrow sites,and waste pile (spoil)
sites,including contractor-owned or leased borrow pits associated with the project. Sufficient
materials required for stabilization and/or repair of erosion control measures and stormwater
routing and treatment shall be on site at all times.
For borrow pit sites,the erosion and sediment control measures shall be designed,installed,
operated,and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual. Reclamation measures and implementation shall comply with the
reclamation in accordance with the requirements of the Sedimentation Pollution Control Act
and the Mining Act of 1971.
If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA,
WS-I,WS-II, High Quality Waters (HQW),or Outstanding Resource Waters (ORW),then the
sedimentation and erosion control designs shall comply with the requirements set forth in 15A
NCAC 04B .0124,Design Standards in Sensitive Watersheds.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c);15A NCACO2B.0200; 15A NCAC
02B.0231
Justification:A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis.As cited in Stream Standards: (12) Oils,
deleterious substances, or colored or other wastes:only such amounts as shall not render the
waters injurious to public health,secondary recreation, or to aquatic life and wildlife, or adversely
affect the palatability offish, aesthetic quality, or impair the waters for any designated uses;and

(21)turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units(NTU)in
streams not designated as trout waters and 10 NTU in streams,lakes,or reservoirs designated as
trout waters;for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed
25 NTU;if turbidity exceeds these levels due to natural background conditions, the existing
turbidity level shall not be increased. As cited in Wetland Standards:(c)(1)Liquids,fill or other
solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on
existing wetland uses;and(3)Materials producing color or odor shall not be present in amounts
that may cause adverse impacts on existing wetland uses.
8. Sediment and erosion control measures shall not be installed in wetland or waters except
within the footprint of temporary or permanent impacts otherwise authorized by this
Certification.If placed within authorized impact areas,then placement of such measures shall
not be conducted in a manner that results in dis-equilibrium of any wetlands,streambeds,or
streambanks. Any silt fence installed within wetlands shall be removed from wetlands and the
natural grade restored within two (2) months of the date that DEMLR or locally delegated
program has released the specific area within the project to ensure wetland standards are
maintained upon completion of the project.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c);1SA NCAC 02B.0200;15A NCAC 02B
.0231
Justification:A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis.As cited in Stream Standards:(12) Oils,
deleterious substances,or colored or other wastes:only such amounts as shall not render the
waters injurious to public health,secondary recreation, or to aquatic life and wildlife,or adversely
affect the palatability offish,aesthetic quality, or impair the waters for any designated uses;and
(21)turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units(NTU)in
streams not designated as trout waters and 10 NTU in streams,lakes,or reservoirs designated as
trout waters;for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed
25 NTU;if turbidity exceeds these levels due to natural background conditions, the existing
turbidity level shall not be increased. As cited in Wetland Standards:(c)(1)Liquids,fill or other
solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on
existing wetland uses;and(3)Materials producing color or odor shall not be present in amounts
that may cause adverse impacts on existing wetland uses.
9. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used
along streambanks or within wetlands.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
Justification:A project that affects waters shall not be permitted unless the existing uses(including
aquatic life propagation and biological integrity), and the water quality to protect such uses, are
protected. Protections are necessary to ensure any remaining surface waters or wetlands,and any
surface waters or wetlands downstream,continue to support existing uses during and after project
completion. The Division must evaluate if the activity has avoided and minimized impacts to
waters, would cause or contribute to a violation of standards,or would result in secondary or
cumulative impacts.
10. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas
and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal,
State and Local regulations. Fertilizer application shall be accomplished in a manner that
minimizes the risk of contact between the fertilizer and surface waters.
Citation: 15A 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B.0200; 15A NCAC 02B.0231

Justification:A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis.As cited in Stream Standards:(12)Oils,
deleterious substances,or colored or other wastes:only such amounts as shall not render the
waters injurious to public health,secondary recreation, or to aquatic life and wildlife,or adversely
affect the palatability offish, aesthetic quality, or impair the waters for any designated uses. As
cited in Wetland Standards:(c)(1)Liquids,fill or other solids,or dissolved gases shall not be
present in amounts that may cause adverse impacts on existing wetland uses;and(3)Materials
producing color or odor shall not be present in amounts that may cause adverse impacts on
existing wetland uses.
11. If concrete is used during construction,then all necessary measures shall be taken to prevent
direct contact between uncured or curing concrete and waters of the state. Water that
inadvertently contacts uncured concrete shall not be discharged to waters of the state.
Citation: 15A 02H.0506(b); 15A NCAC 02H.0507(c);15A NCAC 02B.0200;15A NCAC 02B.0231
Justification:A project that affects waters shall not be permitted unless the existing uses,and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis.As cited in Stream Standards:(12) Oils,
deleterious substances,or colored or other wastes:only such amounts as shall not render the
waters injurious to public health,secondary recreation, or to aquatic life and wildlife,or adversely
affect the palatability offish,aesthetic quality, or impair the waters for any designated uses.As
cited in Wetland Standards:(c)(1)Liquids,fill or other solids,or dissolved gases shall not be
present in amounts that may cause adverse impacts on existing wetland uses;and(3)Materials
producing color or odor shall not be present in amounts that may cause adverse impacts on
existing wetland uses.
12. All mechanized equipment operated near surface waters shall be inspected and maintained
regularly to prevent contamination of surface waters from fuels,lubricants,hydraulic fluids,or
other toxic materials. Construction shall be staged in order to minimize the exposure of
equipment to surface waters to the maximum extent practicable. Fueling,lubrication,and
general equipment maintenance shall be performed in a manner to prevent,to the maximum
extent practicable,contamination of surface waters by fuels and oils.
Citation: 15A NCAC 02H.0506(b);15A NCAC 02H.0507(c); 15A NCAC 02B.0200; 15A NCAC 02B
.0231
Justification:A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis.As cited in Stream Standards:(12) Oils,
deleterious substances,or colored or other wastes:only such amounts as shall not render the
waters injurious to public health,secondary recreation, or to aquatic life and wildlife,or adversely
affect the palatability offish,aesthetic quality, or impair the waters for any designated uses.As
cited in Wetland Standards:(c)(1)Liquids,fill or other solids,or dissolved gases shall not be
present in amounts that may cause adverse impacts on existing wetland uses;and(3)Materials
producing color or odor shall not be present in amounts that may cause adverse impacts on
existing wetland uses.
13. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken
to minimize soil disturbance and compaction.
Citation: 15A NCAC 02H.0506(b);15A NCAC 02H.0507(c);15A NCAC 02B.0231
Justification: Wetland standards require maintenance or enhancement of existing uses of wetlands
such that hydrologic conditions necessary to support natural biological and physical
characteristics are protected;populations of wetland flora and fauna are maintained to protect

biological integrity of the wetland;and materials or substances are not present in amounts that
may cause adverse impact on existing wetland uses.
14. In accordance with 143-215.85(b),the permittee shall report any petroleum spill of 25 gallons
or more; any spill regardless of amount that causes a sheen on surface waters; any petroleum
spill regardless of amount occurring within 100 feet of surface waters; and any petroleum spill
less than 25 gallons that cannot be cleaned up within 24 hours.
Citation: 15A NCAC 02H.0507(c);N.C.G.S 143-215.85(b)
Justification:Person(s)owning or having control over oil or other substances upon notice of
discharge must immediately notify the Department, or any of its agents or employees, of the
nature, location, and time of the discharge and of the measures which are being taken or are
proposed to be taken to contain and remove the discharge. This action is required in order to
contain or divert the substances to prevent entry into the surface waters.Surface water quality
standards require that conditions of waters be suitable for all best uses provided for in state rule
(including, at minimum:aquatic life propagation,survival, and maintenance of biological
integrity;wildlife;secondary contact recreation;agriculture);and that activities must not cause
water pollution that precludes any best use on a short-term or long-term basis.
15. The permittee and their authorized agents shall conduct all activities in a manner consistent
with State water quality standards (including any requirements resulting from compliance with
§303(d) of the Clean Water Act),and any other appropriate requirements of State and Federal
Law.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
Justification:Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. The Division must evaluate if the
activity has avoided and minimized impacts to waters, would cause or contribute to a violation of
standards, or would result in secondary or cumulative impacts.
16. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project,and shall provide
each of its contractors and/or agents associated with the construction or maintenance of this
project with a copy of this General Certification. A copy of this General Certification shall be
available at the project site during the construction and maintenance of this project.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
Justification: Those actually performing the work should be aware of the requirements of this 401
Water Quality General Certification to minimize water quality impacts.
This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted
in your application shall expire upon expiration of the 404 or CAMA Permit. The conditions in
effect on the date of issuance shall remain in effect for the life of the project, regardless of the
expiration date of this Certification. [15A NCAC 02H .0507(c)]
This,the 9th day of January 2023
�DocuSigned by:
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Andrew H. Pitner, P.G.,Assistant Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ