SWA000199_Cover Letter & Permit_20230424

oFtHc STATE�Ati ROY COOPER
Governor
ELIZABETH S.BISER
Secretary
DOUGLAS R.ANSEL NORTH CAROLINA
Interim Director Environmental Quality
April 24, 2023
Treehouse Luxe,LLC, Developer
Attn: Paul Niemyski,Managing Member
6902 Lakeshore Drive
Dallas, TX 75214
AND
Paul Niemyski, Current Property Owner
6902 Lakeshore Drive
Dallas, TX 75214
Subject: Fast Track Authorization to Construct(ATC)Permit No.SWA000199
Arbor Domus Treehouse Development
Watauga County
Dear Mr Niemyski:
The Division of Energy, Mineral and Land Resources received a complete"Authorization to Construct"
(ATC)Permit Application Form for the subject project on April 6,2023 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. SWA000199
dated April 24, 2023,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 April 24, 2028
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. As the identified developer of the project,Treehouse Luxe,LLC
("Developer") shall be the designated permit holder and responsible for meeting the conditions and
limitations specified therein.
Please be aware that it is the responsibility of the permit holders,the Developer and Paul Niemyski
("Property Owner")to notify the Division of any changes in ownership and request an ownership/name
change for the stormwater permit. However,if the development agreement between the Developer and
the Property Owner is dissolved,cancelled or defaults, and the Division is not notified by the Developer
to transfer the permit,then the responsibility for permit compliance reverts back to the Property Owner.
A complete transfer request must be submitted to the Division within 30 days as described below
otherwise the Developer and Property Owner will be operating a stormwater treatment facility without a
valid permit which is a violation of NC General Statue 143-215.L Failure to transfer the permit may
result in appropriate enforcement action in accordance with North Carolina General Statute §143-215.6A
through §143-215.6C being taken against the Property Owner.
E Q�� 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 CAROHNA
ueeaement m 919.707.9200

Post-Construction Stormwater Management
ATC Permit No. SWA000199
This project will be kept on file at the Winston-Salem 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,
auk awlwd 4�gmw 57
zv-
Douglas R. Ansel,Interim 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\SWA000199
cc: Alan J.Crees,PE;Municipal Engineering,Inc.
Chris Grub,Watauga County Building Inspections
NCDOT District Engineer
Chris Grub,Property Development Coordinator,Watauga County
Winston-Salem Regional Office Stormwater File
Page 2of2

Post-Construction Stormwater Management
ATC Permit No. SWA000199
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
Treehouse Luxe, LLC and Paul Niemyski
Arbor Domus Treehouse Development
Clarks Creek Road, Foscoe, Watauga 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 located within one
mile of and eventually discharging to waters designated as Watauga River, a class B;Tr;HQW water in
the Watauga 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 April 24, 2028, 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
.1021 Non-Coastal HQW 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-. i un, MDC for Specific Stormwater Control Measures, as applicable
Page 1 of 4

Post-Construction Stormwater Management
ATC Permit No. SWA000199
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 7.72%. 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 12% 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 478,563 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), 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. 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.
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Post-Construction Stormwater Management
ATC Permit No. SWA000199
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.
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.
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Post-Construction Stormwater Management
ATC Permit No. SWA000199
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 241h day of April 2023.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
O"afae aqmd4a� 5
Douglas R. Ansel, Interim Director
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
ATC Permit Number SWA000199
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Post-Construction Stormwater Management
ATC Permit No. SWA000199
Attachment A
Fast Track Construction Commencement Form
ATC Permit No. SWA000199
Arbor Domus Treehouse Development
Watauga County
Complete and submit this form (NO SUBSTITUTES) to the Winston-Salem 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 protect shall not be considered complete until
the Division has received the final Fast-Track Stormwater Permit Application Form and all
required supporting documentation.
Signature of Permit Holder Title (if any) Date
Designer's Certification
I, , as a duly re istered 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% Lily Kay
Post-Construction Stormwater Management Program
Winston-Salem Regional Office
450 West Hanes Mill Road, Suite 300
Winston-Salem, NC 27105
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