SWA000212_Cover Letter & Permit_20230712

oFtHc STATE�Ati ROY COOPER
Governor
ELIZABETH S.BISER
Secretary
DOUGLAS R.ANSEL NORTH CAROLINA
Interim Director Environmental Quality
July 12, 2023
Sugar Mountain Hospitality,LLC, Purchaser
Attn: John Reece,Manager
751 West Fourth Street
Winston-Salem,NC, 27101
AND
ETC Linville,LLC, Current Property Owner
Attn: Jerry T. Norvell,Jr.,Member/Manager
103 North Sterling Street
Morganton,NC, 28655
Subject: Fast Track Authorization to Construct(ATC)Permit No.SWA000212
Courtyard Marriott at Village of Sugar Mountain
Avery County
Dear Mr. Reece and Mr. Norvell:
The Division of Energy,Mineral and Land Resources received a complete"Authorization to Construct"
(ATC)Permit Application Form for the subject project on June 14, 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. SWA000212
dated July 12, 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 June 12, 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. The designated permit holder, Sugar Mountain
Hospitality,LLC ("Purchaser") shall be responsible for meeting the conditions and limitations specified
therein. As required for compliance, a copy of the final deed listing the Purchaser as the property owner
must be submitted within 30 days of the property being purchased. 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.
Please be aware that it is the responsibility of the permit holder,the Purchaser, to notify the Division of
any changes in ownership and request an ownership/name change for the stormwater permit. However,if
the purchase agreement or contract between the Purchaser and ETC Linville,LLC ("Property Owner")is
dissolved, cancelled or defaults, and the Division is not notified by the Purchaser to transfer the permit,
then the responsibility for permit compliance reverts to the Property Owner. A complete transfer request
must be submitted to the Division within 30 days as described below otherwise the Property Owner will
be operating a stormwater treatment facility without a valid permit which is a violation of NC General
Statue 143-215.1. Failure to transfer the permit may result in appropriate enforcement action in
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. SWA000212
accordance with North Carolina General Statute §143-215.6A through §143-215.6C being taken against
the Property Owner.
This project will be kept on file at the Asheville Regional Office. If you have any questions concerning
this permit,please contact Jim Farkas in the Central Office at(919)707-3646 orjim,[e-mail].
Sincerely,
dui aegaa 4 fikmw 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\SWA000212
cc: M.Devin Staley,PE;Blue Ridge Engineering PLLC
Allison J.Kidd,Director of Planning and Inspections
NCDOT District Engineer
Asheville Regional Office Stormwater File
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Post-Construction Stormwater Management
ATC Permit No. SWA000212
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
Purchaser, Sugar Mountain Hospitality, LLC
Courtyard Marriott at Village of Sugar Mountain
NC 105 Hwy, Banner Elk, Avery 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 discharging to receiving 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 July 12, 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-.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.
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Post-Construction Stormwater Management
ATC Permit No. SWA000212
b. PROJECT AREA. The attached site plan depicts this project as a single project with a
project area of 267,458 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) 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. FINAL DEED. A copy of the final deed listing Sugar Mountain Hospitality, LLC
("Purchaser") as the property owner must be submitted within 30 days of the property
being purchased.
f. 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.
g. 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.
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.
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Post-Construction Stormwater Management
ATC Permit No. SWA000212
e. PURCHASE AGREEMENT. It is the responsibility of the permit holder, the Purchaser, to
notify the Division of any changes in ownership and request an ownership/name change
for the stormwater permit. However, if the purchase agreement or contract between the
Purchaser and ETC Linville, LLC ("Property Owner") is dissolved, cancelled or defaults,
and the Division is not notified by the Purchaser to transfer the permit, then the
responsibility for permit compliance reverts to the Property Owner. A complete transfer
request must be submitted to the Division within 30 days as described below otherwise the
Property Owner will be operating a stormwater treatment facility without a valid permit
which is a violation of NC General Statue 143-215.1. 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.
f. 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;
g. 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).
h. 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. UNDERGROUND SYSTEMS: It is recommended that during the installation of the underground
SCM, photos be taken documenting the construction and final as-built design. It is further
recommended that these photos be submitted with the final permit application and as part of the
required Designer's Certification.
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Post-Construction Stormwater Management
ATC Permit No. SWA000212
7. 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.
8. 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.
9. 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.
10. 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 1211 day of July 2023.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Ow/cod&9oa4Auaw7
Douglas R. Ansel, Interim Director
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
ATC Permit Number SWA000212
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Post-Construction Stormwater Management
ATC Permit No. SWA000212
Attachment A
Fast Track Construction Commencement Form
ATC Permit No. SWA000212
Courtyard Marriott at Village of Sugar Mountain
Avery County
Complete and submit this form (NO SUBSTITUTES) to the Asheville 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% Mike Smith
Post-Construction Stormwater Management Program
Asheville Regional Office
2090 U.S. 70 Highway
Swannanoa, NC 28778-8211
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