SWA000112_Fast Track ATC Permit_20210928

State Stormwater Managgement Systems
Permit No. SWA000112
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
Colin & Erica Brothers, Property Owners
for
Brothers Estate
10595 Hickory Ridge Road, Harrisburg, NC
Cabarrus 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 Caldwell Creek, Clear Creek, &
Reedy Creek, all class C waters 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 September 28, 2026, 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:
.1005 Requirements that Apply to All Projects
.101 / 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

State Stormwater Management Systems
Permit No. SWA000112
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. LOW DENSITY REQUIREMENTS. The information provided in the application
indicates that this project has proposed a density of 3.35%. This low density project
shall comply with all applicable low density requirements listed in the stormwater rules.
If, at any point, the project density exceeds 24% this project will be considered a high
density project and must comply with all applicable high density requirements of the
stormwater rules.
b. PROJECT AREA. The attached site plan depicts this project as a single project with a
project area of 2,243,940 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), G.S. 143-214.7(b2)(2)
as amended by Session Law 2018-145, 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. Access and/or easements,
ii. Operation and maintenance agreement;
iii. Final plat must include a reference to the recorded operation and maintenance
agreement,
iv. 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.

State Stormwater Management Systems
Permit No. SWA000112
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. 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.
e. 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.
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.

State Stormwater Managgement Systems
Permit No. SWA000112
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 28t" day of September 2021.
for Brian Wrenn
Director, Division of Energy, Mineral, and Land Resources
ATC Permit Number SWA000112

State Stormwater Management Systems
Permit No. SWA000112
Attachment A
Fast Track Construction Commencement Form
ATC Permit No. SWA000112
Brothers Estate
Cabarrus County
Complete and submit this form (NO SUBSTITUTES) to the Mooresville Regional Office
The undersigned hereby notifies the agency below that the construction of this project is expected to
commence on (mm/dd/yyyy) and is expected to be completed by
(mm/dd/yyyy). I understand that this project shall not be considered complete until
Signature of Permit Holder
Designer's Certification
Title (if any) Date
I, , as a duly registered Licensed Professional in the State of
North Carolina, having been authorized to observe (❑ 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,
and date:
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% James Moore
State Stormwater Management Program
Mooresville Regional Office
610 E. Center Ave., Ste. 301
Mooresville, NC 28115