SWA000015_NOD_20230913

September 13, 2023

CERTIFIED MAIL 7019 1120 0002 0066 3446
RETURN RECEIPT REQUESTED

Ardmore Waxhaw, LLC
ATTN: Brantley E. White, Manager
1400 W Northwood Street
Greensboro, NC 27408-8201

Subject: NOTICE OF DEFICIENCY
NOD 2023-PC-0230
Fast Track Authorization to Construct Permit No. SWA000015
Ardmore at Price
Union County

Dear Mr. White:

On August 24, 2023, the Division of Energy, Mineral and Land Resources (DEMLR) conducted an
administrative review for the subject project to determine compliance with Stormwater Management
Permit Number SWA000015 issued on December 21, 2017. DEMLR file review found that the site is
not in compliance with the terms and conditions of this permit, issued pursuant to the requirements of the
stormwater rules, 15A NCAC 2H.1000.

As indicated, the following deficiencies must be resolved:

1. Failure to comply with permit requirements and operating without an active permit. Permit
Conditions 3.d and 3.e and 15A NCAC 02H.1043(1)(c), .1043(5): The Fast Track Authorization
to Construct (ATC) permit issued for this site expired on December 21, 2022. Per the cited
Permit Condition 3.d, a complete renewal application was required to be submitted at least 180
days prior to the expiration date, however, a renewal application was never submitted within this
timeframe. A Letter reminding you of this expiration date was sent on December 19, 2022 and
advised of your obligations under this permit as well as the available options to keep this project
under an active post construction stormwater permit. Furthermore, per Permit Condition 3.e, the
expiration of the ATC permit is considered a compliance issue and therefore disqualifies the
project from the Fast Track program per 15A NCAC 02H.1043(1)(c).

In order to address this deficiency, an application package was submitted to our office but was
returned on August 29, 2023 as being administratively incomplete. A resubmission of the
application package, addressing the outstanding items, will need to be made to our office to
ensure the requirements of the post construction stormwater program have been met such that a
new permit can be approved.

In order to address this deficiency, one of the following two options must be submitted:
1. A complete application package must be submitted through the standard permitting
process to ensure this site is covered under an active post construction stormwater
permit. The application package must include but is not limited to:
a. a new Permit Application Form (SWU-101)
b. a $505.00 fee
c. a completed Supplement-EZ form
d. a recorded or completed O&M-EZ form
e. as-built plans and calculations for any completed SCMs

f. the full or partial designer certifications for any SCMs or project areas that
have been completed (per Permit Condition 3.e)
g. a completed rescission form to be acted upon once the new permit is
approved.
The various required forms can be found on the Post-Construction section of the
website: deq.nc.gov/SW .

2. If construction has not started and there are no longer plans to construct the project
such that a permit is no longer needed, please submit a permit rescission request
form, which can be found on the Post-Construction section of this website.

This Office requires that you respond to this letter in writing within 30 calendar days of receipt of this
Notice. Your response should be sent to this office at the letterhead address. Your response must include a
written Schedule of Compliance that outlines the actions you will take to correct the deficiency(ies) noted
above and identified in the attached inspection report and a timeline for completion of those actions. The
Schedule of Compliance must include the following:

 Permit Application Timeline. An agreement to respond to all notices or requests for additional
information within 30 days and to continue efforts to ensure new permit is obtained.

 Status of Construction. A detailed explanation of the construction status, including timeline for
SCMs to be finalized, the construction of built-upon area, and project completion. Please also
provide confirmation that the site is following their erosion and sediment control plans and
construction stormwater plans.

 As-Built Documentation. An explanation of the efforts that will be made to provide the required
as-built plans and calculations for the SCMs and full or partial certifications for the any SCMs or
project areas that have been completed (per Permit Condition 3.e).

If we do not receive your Schedule of Compliance within 30 calendar days of receipt, you will be in
violation of 15A NCAC 2H.1000 and NC General Statute 143-214.7, which could result in the initiation
of enforcement action and may include recommendations for the assessment of civil penalties up to
$25,000 per day for each violation pursuant to N.C.G.S. 143-215.6A.

Please reference the State assigned project number on all correspondence. Should you have any questions
regarding these matters, please contact Jim Farkas in the Central Office at 919-707-3646 or
[e-mail].

Sincerely,

Mike Lawyer, CPSWQ, Stormwater Program Supervisor
Division of Energy, Mineral and Land Resources

DES/jf: \\\\\\WaterResources\\DEMLR - Stormwater\\SW Permits\\SWA000015

cc:
Ricky L. Hopins, Registered Agent; Ardmore Waxhaw, LLC, 1400 W. Northwood St., Greensboro,
NC 27408
Barret Hagen, PE; Hagen Engineering, PA
Mooresville Regional Office Stormwater File