SWA000028_NOD_20230920

o t c STATE
pp� NI. 1i.3
ROY COOPER J
Governor
ELIZABETH S.B1SER *tom I1.n�
Secretary
WILLIAM E.TOBY VINSON,A NORTH CAROLINA
Interim Director Environmental Quality
September 20,2023
CERTIFIED MAIL 70191120 0002 0066 3491
RETURN RECEIPT REQUESTED
The Farm at Mills River
ATTN: Billy Taylor
1005 Cane Creek Road
Fletcher,NC 28732
Subject: NOTICE OF DEFICIENCY
NOD 2023-PC-0231
Fast Track Authorization to Construct Permit No. SWA000028
Nesbitt Farms Subdivision—Phase 1
Henderson County
Dear Mr. Taylor:
On September 14,2023,the Division of Energy,Mineral and Land Resources(DEMLR)conducted a
review of permit file for the subject project to determine compliance with Stormwater Management
Permit Number SWA000028 issued on August 2, 2018. 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 operatinz 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 August 8,2023. 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. Letters reminding you of this expiration date were sent on December 20,2022 and
February 8,2023 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 received on August 3,2023 and is
currently under review 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)
North Carolina Department of Environmental Quality I Division of Energy,Mineral and Land Resources
512 North Salisbury Street 11612 Mail Service Center I Raleigh,North Carolina 27699-1612
NORTH CAgOLIN� �
oewnmotaw�m a.nry 919.707.9200

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. ovg /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 postconstructiongdeq.nc.gov
or at 919-707-3646.
Sincerely,
Mike Lawyer, CPSWQ, Stormwater Program Supervisor
Division of Energy,Mineral and Land Resources
DES/jf: \\\WaterResources\DEMLR—Stormwater\SW Permits\SWA000028
cc: Matthew C.Kirchner,PE;Eagle Engineering
Jesse M.Gardner,PE; Civil Design Concepts,P.A.
Mooresville Regional Office Stormwater File