HomeMy WebLinkAboutSWA000067_Application_20200205 DEMLR USE ONLY
Date Received Fee Paid Permit Number
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SW Program(s): ❑Coastal SA-HQW ❑ Coastal SA-ORW ❑ Coastal FW-ORW ❑ Coastal Other
❑ Non-coastal HQW ❑ Non-coastal ORW ❑ Urbanizing Areas ❑USMP
NC DEQ Division of Energy, Mineral and Land Resources
STATE STORMWATER FAST TRACK PROCESS:
"AUTHORIZATION TO CONSTRUCT" (ATC) PERMIT APPLI ►EIJID
Link to Application Instructions FEB 0 5 2020
A. ELIGIBILITY FOR FAST-TRACK PERMITTING DENR-LAND QUALITY
STORMWATER PERMITTING
To be considered for a Fast Track ATC Permit, all of the items below must be checked. If any item cannot
be checked, then the project must apply under the Standard Permitting Process.
® 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.
® The project is not proposing an alternative design.
® 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.
The project is not applying for an offsite permit, an exemption, or a minor modification (as defined in 15A
NCAC 02H .1002(25)) to an existing state stormwater permit.
® 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.
® I understand that the Fast Track ATC Permit will expire five years after the date of issuance.
B. GENERAL INFORMATION
1 Project Name: Proposed Development- Boylston Highway, Mills River, NC
2. Previous Project Name (if applicable): N/A
3. Location of Project (street address): Boylston Highway (0 No Address Assigned)
City:Mills River County:Henderson Zip:28759
4. Directions to project (from nearest major intersection):
West of intersection of Boylston Highway (SR 280) and Fanning Fields Road. North of Miles View Drive.
PIN 9642350270
5. Latitude:35° 25' 2.64" N Longitude:82° 32' 52.08" W of the main entrance to the project.
C. PERMIT INFORMATION
1. Specify whether project is (check one):
® New, no previous application
❑ New, replacing a previous Fast Track ATC Permit-- provide previous permit number: SWA
By choosing this option, 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 10 Feb. 10. 2018
El Major Modification, replacing an existing stormwater permit— provide existing permit number: SW
Status of construction? ❑ Not Started ❑ Partially Completed El Completed
Major modifications must be submitted by the original permittee and are allowed only if the SW permit is
not expired. Minor modifications must use Standard Permitting Process. By choosing this option, you
are also requesting that DEQ rescind the previous SW Permit upon issuance of the new Fast
Track ATC Permit.
El Transfer of existing Fast Track ATC Permit— provide existing ATC permit number: SWA
2. Applicable state stormwater program(s) (check all that apply):
El Coastal SA-HQW ® Urbanizing Areas (Phase 2)
❑ Coastal SA-ORW El Non-Coastal HQW
Is any portion of the project within 575 feet
of SA-ORW waters? ❑ Yes n No El Non-Coastal ORW
El Coastal Freshwater ORW ❑ USMP
❑ Coastal—Other
3. Other Permits (as applicable; write "NA"for those permit types that are not applicable):
Project Name Permit/Appl Issue Date Other Information
No.
CAMA Major NA NA NA NA
Erosion & Proposed Development- HENDE2020- 12/18/2019 Disturbed Area
Sedimentation Control Boylston Highway, Mills River, 007 18.77 acre
NC
NPDES Industrial NA NA NA NA
Stormwater
404/401 Permit NA NA NA Proposed Impacts
NA If/ac
4. Local jurisdiction for building permits: Henderson County
Point of Contact:Crystal Lyda, Building Services Director Phone#: (828 ) 697-4830
D. CONTACT INFORMATION
1. Applicant/Financially Responsible Party (may be an Organization):ALM Asheville, LLC
Signing Official Name &Title:David Buck, Executive Managing Director
Street Address:9830 Colonnade Blvd, Suite 600
City:San Antonio State:TX Zip:78230
Mailing Address (if different):
City: State: Zip:
Phone: ( ) Fax: (
Email:
2. If the Applicant is a Corporation or LLC (Address must match address on file with NC Dept of the Secretary of
State):
Name of Registered Agent:ALM Asheville, LLC
Mailing Address:9830 Colonnade Blvd, Suite 600
City:San Antonio State:TX Zip:78230
Phone: ( ) Fax: (
Email:
Stormwater Fast Track ATC Application Form Page 2 of 10 Feb. 10, 2018
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.)
[' Developer(Attach a copy of the development agreement& complete Item 4.)
4. If the Applicant is NOT the Property Owner (skip to Item 5 if the Applicant/S the Property Owner):
Property Owner Name/Organization:
Signing Official &Title:
Street Address:
City: State: Zip:
Mailing Address (if applicable):
City: State: Zip:
Phone: ( ) Fax: (
Email:
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:Leon W. Bakely III, PE
Consulting Firm: BL Companies
Mailing Address:3420 Torinqdon Way, Suite 210
City:Charlotte State:NC Zip:28277
Phone: (704 ) 565-7071 Fax: (203) 630-2615
Email:lbakelv(a�blcompanies.com
6. [OPTIONAL] If you would like to designate another person to answer questions about the project:
Name &Title:
Organization:
Mailing Address:
City: State: Zip:
Phone: ( ) Fax: (
Email:
E. PROJECT INFORMATION
1. Specify the type of project (check one): ❑ Low Density ® High Density
2. Briefly summarize how the stormwater runoff will be treated/conveyed:
Stormwater Fast Track ATC Application Form Page 3 of 10 Feb. 10, 2018
Stormwater will be collected into on-site catch basin inlets with deeps sumps, conveyed through water quality
filter cartridges, and stored in subsurface detention facilities. Stormwater will then be discharged through
outlet control structures and to various flared-end sections that direct runoff to existing streams and wetlands
that all
ultimately flow to the French Broad River downstream of the site.
3. Stormwater runoff from this project drains to the French Broad River basin(s).
4. Receiving water information (if more than 3 receiving waters,provide additional information on an attached sheet):
Receiving Receiving Receiving
Water 1 Water 2 Water 3
Receiving Stream Name McDowell Creek French Broad River
Stream Classification C B
Stream Index Number 6-58 6-(54.75)
Stormwater Fast Track ATC Application Form Page 4 of 10 Feb. 10, 2018
5. Project area and density information:
Total Property Area 1,490,934
sf
Total Surface Water Area 9,843 sf
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(NHW)line or Mean High Water(MHW)line.
Total Coastal Wetlands Area 0 sf
Considered to include: coastal wetlands landward from the NHW(or MHW)line.
Total Project Area 1,481,091
sf
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 0 sf
"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 storm water program or
applicable local government ordinance to which the project is subject.
Proposed New BUA 723,427 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(1).
Project Density
w/Existing Development: Project Density=(New BUA]/(Total Project Area—Existing BUA]x 100 or 48.8
w/o Existing Development: Project Density=(New BUA]/Total Project Area]x 100
6. Anticipated construction start date 1/6/2020 (Erosion Control)
7. Is the project located within 5 miles of a public airport? ❑ 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 County: 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 storm water requirements per 15A NCAC 02B .0600.
Stormwater Fast Track ATC Application Form Page 5 of 10 Feb. 10, 2018
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
1. Two original signed hard copies and one electronic copy of this State Stormwater Fast Track
Process "Authorization to Construct" (ATC) Permit Application Form.
X 2. Permit application processing fee of$505 payable to NCDEQ.
X 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 'A mile of the project boundary, include the 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.
X 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.
X 5. Two hard copies and one electronic copy of a construction sequence that discusses how any
future development on the project may be phased.
X 6. A copy of the most current property deed. Deed book: 910 Page No: 713
X 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 NC Department of the Secretary of State; otherwise, the
application will be returned. https://www.sosnc.gov/search/index/corp
N,A 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.
X 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.
N .A 10. [IF APPLICABLE] If modifying an existing permit for completed or partially completed projects, a copy
of the designer's certification.
Stormwater Fast Track ATC Application Form Page 6 of 10 Feb. 10, 2018
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) I A 1r M A s\ cv:1<<, L t.c
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
agree to provide corrected information should there be any change in the information provided herein.
David Buck Executive Managing Director
Type or print name Title or Authority
Signature Date
I, .\-\-- Q.�( a Notary Pqkc for the Slate
County of h , d ereby certify that 1 e LA
personally appe d before me this day of , Zd, and acknowledge the
due e ec f the ti or a stormwater permit. Witness my hand and official seal,
SEAL
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,-„o,Put. HALEY KGENIG
Notary Public,State of Texas ),
4 My Comm.Exp.05-21-2020 Mycommission expires
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Stormwater Fast Track ATC Application Form Page 7 of 10 Feb. 10, 2018
H. DESIGN PROFESSIONAL'S CERTIFICATION
To be completed by the Design Professional identified in Section D.5.
I, Leon W. Bakely III, PE , 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. I 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. I 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 N professional licensing board.
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Stormwater Fast Track ATC Application Form Page 8 of 10 Feb. 10, 2018
I. PROPERTY OWNER'S AUTHORIZATION (IF APPLICANT IS NOT THE PROPERTY OWNER)
I, (print or type name of the Property Owner) , certify that I
own the property identified in this permit application, and thus give permission to (print or type name of Applicant)
with (print or type name of Applicant's
organization) 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 of civil penalties of up to $25,000 per day, pursuant to NCGS 143-215.6.
Signature: Date:
I, , a Notary Public for the State of
County of , do hereby certify that
personally appeared before me this day of , , and acknowledge the
due execution of the application for a stormwater permit. Witness my hand and official seal,
SEAL
My commission expires
Stormwater Fast Track ATC Application Form Page 9 of 10 Feb. 10, 2018
J. CERTIFICATION OF CURRENT PERMITTEE (COMPLETE ONLY IF PERMIT TRANSFER IS
REQUESTED)
I, (print or type name of the Current Permittee) , am submitting
this request for a transfer of Fast Track ATC permit# SWA . With the
submission of this transfer request I am providing a copy of the most recent permit, all related documents and as-
built plans certified by my design professional in hard copy and electronic format to the Proposed
Permittee/Applicant identified in Section G of this application and to DEMLR . I further attest that this request for
a permit transfer is accurate and complete to the best of my knowledge. I assign all rights and obligations as
permittee to the proposed permittee named in Section G of this form.
Signature: Date:
, a Notary Public for the State of
County of , do hereby certify that
personally appeared before me this day of , , and acknowledge the
due execution of the application for a stormwater permit. Witness my hand and official seal,
SEAL
My commission expires
Stormwater Fast Track ATC Application Form Page 10 of 10 Feb. 10, 2018
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Limited Liability Company
Legal Name
ALM Asheville, LLC
Information
Sosld: 1909696
Status: Current-Active
Annual Report Status: Current
Citizenship: Foreign
Date Formed: 10/25/2019
State of Incorporation:
DE
Registered Agent: CT Corporation System
Addresses
Reg Office Reg Mailing Mailing
160 Mine Lake Ct Ste 200 160 Mine Lake Ct Ste 200 9830 Colonnade Blvd Suite 600
Raleigh, NC 27615 Raleigh, NC 27615 San Antonio, TX 78230
Principal Office
9830 Colonnade Blvd Suite 600
San Antonio, TX 78230
Company Officials
All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20.
https://www.sosnc.gov/onlineservices/search/Business Registration Results 2/12/2020
1104 I
Architecture An Employee-Owned Company
Engineering
Environmental
ID . Land Surveying
Companies
TRANSMITTAL
DATE: 2/4/2020
ATTENTION: Suzanne McCoy, Stormwater Program Assistant
COMPANY: North Carolina Dept. of Environmental Quality, Central Office
Division of Energy, Mineral and Land Resources - Stormwater
ADDRESS: 512 North Salisbury Street, Office 640K, Raleigh, NC 27604
FROM: Lee Bakely
E-MAIL ADDRESS: Ibakely@blcompanies.com RECEIVED
PROJECT: Boylston Highway Warehouse Development
PROJECT NO: 1901780 FEB 0 5 2020
SUBJECT: NCDEQ Stormwater Fast Track ATC Permit DENR-LAND QUALITY
STORMWATER PERMITTING
WE ARE SENDING YOU:
® Attached ® Plans El Prints El Application for Payment
® Via: FedEx ❑ Specifications El Shop Drawings ❑ Change Order
❑ Under Separate Cover El Copy of Letter El Samples ® Other
COPIES DATE NO. DESCRIPTION
2 Stormwater Fast Track ATC Application
1 Permit Application Processing Fee of$505
2 12/4/2019 USGS Maps
2 1/30/2020 GD-0, GD-1, GD-2, DN-9 Grading and Drainage Plans& Details
thru DN-20
2 1/30/2020 EC-6 Construction Sequence
2 1/30/2020 Stormwater Management Reports
1 Property Deed
2 Limited Liability Company Documentation
2 Lease Agreement
THESE ARE TRANSMITTED as checked below:
® For Approval El No Exceptions ❑ Resubmit El For Distribution
® For Your Use ❑ Furnish as Corrected El Submit ❑ Corrected Prints
El As Requested El Revise & Resubmit El Return
El For Review &Comment ❑ Rejected El Prints Returned After Loan to Us
❑ For Bids Due: El Resubmit for Record
REMARKS:
Enclosed, please find the enclosed materials for a NCDEQ Stormwater Fast Track ATC Permit. Thank you.
COPY TO: File Signed: Lee Bakely