SWA000035 Banoak Elementary School_2018.pdf

State Stormwater Management Systems
Permit No. SWA 000035
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
STATE 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
Catawba County Board of Education
Banoak Elementary School
Catawba 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 discharging to
receiving waters designated as Howards Creek, a class C water in the Catawba 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 27, 2023, and shall be subject
to the following specified conditions and limitations:
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:
.100:5 Requirements that Apply to All Projects
.1017 NPDES MS4 and Urbanizing Areas: Post -Construction Requirements
.1019 Coastal Counties Program
.1020 Universal Stormwater Management Program
.1021 Non -Coastal HOW and ORW
.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.

State Stormwater Management Systems
Permit No. SWA 000035
b. PROJECT AREA. The attached site plan depicts this project as a single project with a
project area of 216,057 square feet. The locations of all SCMs, streams, wetlands and
buffers 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. Final plat 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. 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. 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. 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.
d. 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.

State Stormwater Management Systems
Permit No. SWA 000035
e. 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.
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 27th day of September 2018.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
c</
%, William E. (Toby) Vinson, Jr., PE, CPESC, CPM, Interim Director
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
ATC Permit Number SWA 000035