SW1210502_Final Permit_20210723

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRIAN WRENN
Director
NORTH CAROLINA
Environmental Quality
July 23, 2021
ALM Asheville, LLC
Attn: David Buck, Executive Managing Director
9830 Colonnade Blvd. Suite 600
San Antonio, TX 78230
Subject: Fast Track Final State Stormwater Management Permit No. SW1240502
Proposed Development — Boylston Highway, Mills River, NC
High Density Project
Henderson County
Dear Mr. Buck:
The Central DEQ Office received a complete State Stormwater Management Fast Track Final
Permit Application for the subject project on May 17, 2021. We are hereby forwarding Permit
No. SW 1210502 dated July 23, 2021, for the operation and maintenance of the stormwater
control measures (SCMs) and management of current built -upon areas (BUA) associated with
the subject project.
With the issuance of this final fast track permit, SWA000067, the February 27, 2020 Fast Track
Authorization to Construct permit has been rescinded effective July 23, 2021.
This permit shall be effective from the date of issuance until July 23, 2029 and shall be subject to
the conditions and limitations as specified therein and does not supersede any other agency
permit that may be required. Failure to comply with these requirements will result in future
compliance problems. Please note that this permit is not transferable except after notice to and
approval by the Division.
This cover letter, attachments, and all documents on file with DEMLR shall be considered part
of this permit and is herein incorporated by reference.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the
right to request an adjudicatory hearing by filing a written petition with the Office of
Administrative Hearings (OAH). The written petition must conform to Chapter 150B of the
North Carolina General Statutes and must be filed with the OAH within thirty (30) days of
receipt of this permit. You should contact the OAH with all questions regarding the filing fee (if
a filing fee is required) and/or the details of the filing process at 6714 Mail Service Center,
Raleigh, NC 27699-6714, or via telephone at 919-431-3000, or visit their website at
www.NCOAH.com. Unless such demands are made this permit shall be final and binding.
North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
512 North Salisbury Street 1 1612 Mail Service Center I Raleigh, North Carolina 27699-1612
NORTH CAROLINA
Uepat nt of enmmnmenmi (J.J; 919.707.9200

If you have any questions concerning this permit, please contact Corey Anen in the Central DEQ
Office, at [phone] or [e-mail].
Sincerely,
For Brian Wrenn, Director
Division of Energy, Mineral and Land Resources
cc: Leon W. Bakely III, PE — BL Companies
Asheville Regional Office
D North Carolina Department of Environmental Quality Division of Energy, Mineral and Land Resources
512 North Salisbury Street 1 1612 Mail Service Center Raleigh, North Carolina 27699-1612
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NORTH CAROLINA
OepartmeM of Environmerrtal Quad /`� 919.707.9200

State Stormwater Management Systems
Permit No. SW1210502
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
FINAL FAST TRACK STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY DEVELOPMENT
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 amended on
January 1, 2017 (2017 Rules) ("stormwater rules"),
PERMISSION IS HEREBY GRANTED TO
ALM Asheville, LLC
Proposed Development— Boylston Highway, Mills River, NC
394 Fanning Fields Road, Mills River, Henderson County
FOR THE
management, operation and maintenance of built -upon area (BUA), seven (7) Bayfilters, and eight (8)
infiltration systems ("stormwater control measures" or "SCMs") as outlined in the application,
approved as -built stormwater management plans, as -built supplement(s), as -built calculations,
operation and maintenance agreement, recorded documents, as -built specifications, and other
supporting data (the "approved plans and specifications") as attached and/or on file with and
approved by the Division of Energy, Mineral and Land Resources (the "Division" or "DEMLR"). The
project has been constructed, in accordance with these approved plans and specifications (except as
specified in Section 1 below). The approved plans and specifications are incorporated by reference
and are enforceable parts of this permit.
This permit shall be effective from the date of issuance until July 23, 2029 and shall be subject to the
following specified conditions and limitations. The permit issued shall continue in force and effect until
the permittee files a request with the Division for a permit modification, transfer, renewal, or
rescission; however, these actions do not stay any condition. The issuance of this permit does not
prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or
terminating the permit for cause as allowed by the laws, rules, and regulations contained in Title 15A
NCAC 2H.1000 and NCGS 143-215.1 et.al.
BUA REQUIREMENTS. The following requirements pertain to the BUA on this project:
a. PROJECT BUA LIMITS. The maximum BUA allowed for the entire project is 728,182 square
feet.
b. RUNOFF FROM BUA. The runoff from all BUA within the permitted drainage areas of this
project must continue to be directed into the permitted SCMs.
c. SCM BUA LIMITS. The SCMs have been designed using the runoff treatment method to
handle the runoff from the BUA shown in the below table. This permit does not provide any
allocation of BUA for future development within the delineated drainage area(s).
DA/SCM Label
Permitted BUA (square feet)
PDA-2C / SWMB-1
10,541
PDA-2A / SWMB-2
41,112
PDA-213 / SWMB-3
171,727
PDA-3A / SWMB-4
139,459
PDA-4A / SWMB-5
8,203
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State Stormwater Management Systems
Permit No. SW1210502
PDA-5A / SWMB-6
163,660
PDA-513 / SWMB-7
44,557
PDA-5C / SWMB-8
148,923
2. SCM REQUIREMENTS. The following requirements pertain to the SCMs on this project:
a. The SCMs are permitted based on the as -built condition and design criteria presented in the
sealed, signed and dated supplements and as shown in the approved plans and
specifications. These SCMs must be maintained at this design condition.
b. SCM DISCHARGE. The peak flow from the 10-year storm event shall not cause erosion
downslope of the stormwater outlet discharge point.
c. PRETREATMENT. The following pretreatment device(s) has (have) been provided to
prevent clogging: Bayfilters.
3. VEGETATED SETBACKS. A 30-foot wide vegetative setback has been provided and must be
maintained in grass or other vegetation adjacent to all surface waters as shown on the approved
as -built plans. The setback is measured horizontally from the normal pool elevation of
impounded structures, from the top of bank of each side of streams or rivers, and from the mean
high waterline of tidal waters, perpendicular to the shoreline.
a. BUA IN THE VEGETATED SETBACK. BUA may not be added to the vegetated setback
except as shown on the approved plans.
a. RELEASE OF STORMWATER NOT TREATED IN AN SCM. Stormwater that is not treated
in an SCM must be released at the edge of the vegetated setback and allowed to flow
through the setback as dispersed flow.
4. RECORDED DOCUMENT REQUIREMENTS. The following documents required by the
stormwater rules have been recorded with the Office of the Register of Deeds:
a. OPERATION AND MAINTENANCE AGREEMENT. The operation and maintenance
agreement has been recorded in Book 3689 on Pages 473 with the Office of the Register of
Deeds.
b. FINAL PLATS. The final plat is recorded in Book 2021 on Pages 13228 with the Office of the
Register of Deeds and includes the following:
i. A reference to the operation and maintenance agreement;
ii. Shows the entire stormwater conveyance system, including any SCMs, and
maintenance accesses either in public rights -of -way, dedicated common areas that
extend to the nearest public right-of-way, and/or permanent recorded easements
that extend to the nearest public right-of-way for the purpose of inspection,
operation, maintenance, and repair.
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State Stormwater Management Systems
Permit No. SW1210502
5. MODIFICATIONS. No person or entity, including the permittee, shall alter any component
shown in the approved plans and specifications. Prior to the construction of any modification to
the approved plans, the permittee shall submit to the Director, and shall have received approval
for modified plans, specifications, and calculations including, but not limited to, those listed
below. For changes to the project or SCM that impact the certifications, a new or updated
certification(s), as applicable, will be required and a copy must be submitted to the appropriate
DEQ regional office upon completion of the modification.
a. Any modification to the approved plans and specifications, regardless of size including the
SCM(s), BUA, details, etc.
b. Redesign or addition to the approved amount of BUA or to the drainage area.
c. Further development, subdivision, acquisition, lease or sale of any, all or part of the project
and/or property area as reported in the approved plans and specifications.
d. Altering, modifying, removing, relocating, redirecting, regrading, or resizing of any
component of the approved SCM(s), stormwater collection system and/or vegetative
conveyance shown on the approved plan.
e. The construction of any allocated future BUA.
f. The construction of any permeable pavement, #57 stone area, public trails, or landscaping
material to be considered a permeable surface that were not included in the approved plans
and specifications.
g. Other modifications as determined by the Director.
6. OPERATION AND MAINTENANCE. The permittee shall provide and perform the operation and
maintenance necessary, as listed in the signed operation and maintenance agreement, to
assure that all components of the permitted on -site stormwater system function at the approved
design condition. The approved operation and maintenance agreement must be followed in its
entirety and maintenance must occur at the scheduled intervals.
a. CORRECTIVE ACTIONS REQUIRED. If the facilities fail to perform satisfactorily, the
permittee shall take immediate corrective actions. This includes actions required by this
Division and the stormwater rules such as the construction of additional or replacement on -
site stormwater systems. These additional or replacement measures shall receive a permit
from the Division prior to construction.
b. MAINTENANCE RECORDS. Records of maintenance activities must be kept and made
available upon request to authorized personnel of the Division. The records will indicate the
date, activity, name of person performing the work and what actions were taken.
7. PERMIT RENEWAL. A permit renewal request must be submitted 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 Title 15A NCAC 02H.1045(3).
8. CURRENT PERMITTEE NAME OR ADDRESS CHANGES. The permittee shall submit a
completed Permit Information Update Application Form to the Division within 30 days to making
any one or more of the following changes:
a. A name change of the current permittee;
b. A name change of the project;
c. A mailing address change of the permittee;
9. 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 and/or property, in whole or in part, nor
the conveyance of common area to a third party constitutes an approved transfer of the permit.
a. TRANSFER REQUEST. The transfer request must include the appropriate application,
documentation and the processing fee as outlined in Title 15A NCAC 02H.1045(2) and must
be submitted upon occurrence of any one or more of the following events:
i. The sale or conveyance of the project and/or property area in whole or in part;
ii. Dissolution of the partnership, corporate, or LLC entity, subject to NCGS 55-14-05
or NCGS 57D-6-07 and (8);
iii. Bankruptcy;
iv. Foreclosure, subject to the requirements of Session Law 2013-121;
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State Stormwater Management Systems
Permit No. SW1210502
b. TRANSFER INSPECTION. Prior to transfer of the permit, a file review and site inspection
will be conducted by Division personnel to ensure the project and the on -site stormwater
system complies with the permit. Records of completed and on -going maintenance activities
may be requested. Projects not in compliance with the permit will not be transferred until all
permit and/or general statute conditions are met.
10. COMPLIANCE. The permittee is responsible for complying with the terms and conditions of this
permit and the approved plans and specifications until the Division approves the transfer
request.
a. REVIEWING AND MONITORING FOR COMPLIANCE. The permittee is responsible for
verifying that the proposed BUA for the entire project does not exceed the maximum amount
allowed by this permit. The permittee shall review and routinely monitor the project to
ensure continued compliance with the conditions of the permit, the approved plans and
specifications.
b. APPROVED PLANS AND SPECIFICATIONS. A copy of this permit, approved as -built
stormwater management plans, application, as -built supplements, as -built calculations,
operation and maintenance agreement, all applicable recorded documents, and
specifications shall be maintained on file by the permittee at all times.
c. DIVISION ACCESS. The permittee grants Division Staff permission to enter the property
during normal business hours to inspect all components of the permitted project.
d. 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 procedures as set forth in NCGS 143 Article 21.
e. OBTAINING COMPLIANCE. The Director may notify the permittee when the permitted site
does not meet one or more of the minimum requirements of the permit. Within the time
frame specified in the notice, the permittee shall submit a written time schedule to the
Director for modifying the site to meet minimum requirements. The permittee shall provide
copies of modified plans and certification in writing to the Director that the changes have
been made.
OTHER 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. Any activities undertaken at this site that cause a water quality violation
or undertaken prior to receipt of the necessary permits or approvals to do so are considered
violations of NCGS 143-215.1, and subject to enforcement procedures pursuant to NCGS
143-215.6.
Permit issued this the 23rd day of July, 2021.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
T; Brian Wrenn, Director
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Permit Number SW1210502
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