SWA000195_Email_20230316

Peck, Kaitlin
From:Farkas, Jim J
Sent:Thursday, March 16, 2023 5:38 PM
To:Lawyer, Mike
Subject:FW: \[External\] RE: Legacy at Mills River - Ph. 1, Mills River, Henderson County
Attachments:SUP-01-06_Hollabrook Farms_Special Use Permit_Full.pdf; Hollabrook Masterplan.pdf
This project is claiming about 5.5 acres of existing BUA that was approved under a local special use permit in 2006
(before the rules went into effect in this area) but was not built until after the rules went into effect.

Would they be able to claim that this BUA is existing (and not needing to be treated) for a fast-track project or would
doing so make them ineligible per 15A NCAC 02H .1043(1)(a)?

Jim Farkas
State Stormwater Engineer
North Carolina Department of Environmental Quality
Office: [phone]
[e-mail]

From: Jess Gardner <[e-mail]>
Sent: Thursday, March 2, 2023 4:43 PM
To: Farkas, Jim J <[e-mail]>; Michael Cain <[e-mail]>
Cc: Smith, Mike M <[e-mail]>
Subject: RE: \[External\] RE: Legacy at Mills River - Ph. 1, Mills River, Henderson County

CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
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Jim,

Here is the approval from the Town. Let me know if you have any other questions or needs.

Jesse G.

From: Farkas, Jim J <[e-mail]>
Sent: Thursday, March 2, 2023 4:33 PM
To: Jess Gardner <[e-mail]>; Michael Cain <[e-mail]>
Cc: Smith, Mike M <[e-mail]>
Subject: RE: \[External\] RE: Legacy at Mills River - Ph. 1, Mills River, Henderson County
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Sorry for not getting back to you sooner (I’ve been pretty swamped since Margie left).

Can you provide the subdivision approval? There’s nothing on the provided plan that indicates that this was approved.

Jim Farkas
State Stormwater Engineer
North Carolina Department of Environmental Quality
Office: [phone]
[e-mail]

From: Jess Gardner <[e-mail]>
Sent: Monday, February 6, 2023 4:22 PM
To: DeBerry, Margie <[e-mail]>; Michael Cain <[e-mail]>
Cc: Smith, Mike M <[e-mail]>; Farkas, Jim J <[e-mail]>
Subject: RE: \[External\] RE: Legacy at Mills River - Ph. 1, Mills River, Henderson County

CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.

Margie,

I wanted to follow back up on this email and submittal. This property did have an approval/vesting prior to 2006. This
property was part of the Hollabrook Farms Subdivision. I have attached the previous masterplan that was submitted
and approved prior to DEQ stormwater rules. As you can see the impervious areas line up with this plan. Our client
purchased the property in 2008, however the work that was completed by previous owner and was permitted
accordingly.

Let me know if you need any other additional information in order for our project to proceed with the Fastrack review. I
apologize for delay, however it took us some time to track down this previous plan.

Thanks,

Jesse Gardner
From: DeBerry, Margie <[e-mail]>
Sent: Monday, November 28, 2022 10:10 AM
To: Michael Cain <[e-mail]>; [e-mail]
Cc: Smith, Mike M <[e-mail]>; Farkas, Jim J <[e-mail]>; Jess Gardner
<[e-mail]>
Subject: RE: \[External\] RE: Legacy at Mills River - Ph. 1, Mills River, Henderson County

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Good morning,

We received your additional information for a new Fast-Track ATC post-construction stormwater permit on 11/28/2022.
Regarding the last comment from the initial email, we still have a question about the existing gravel road on the project
site that appears to have disturbed more than 1 acre. Based on historical imagery, the gravel road did not exist prior to
and during 2006; it appears to have been built during or after 2007. Was the gravel road also permitted before 2006?
Please provide more details or clarification about the existing BUA permitted prior to 2006 (see prior comment/response
below and project site screenshots).

 Prior Comment: Section E.5 of the application listed BUA associated with Existing Development. Please note that
“Existing development” as defined in 15A NCAC 02H .1002, means those projects that are built or those projects
that have established a vested right under North Carolina law as of the effective date of the state stormwater
program or applicable local government ordinance to which the project is subject. If the existing BUA indicated
on the application was built after the post-construction stormwater rules went into effect (2006), and
cumulatively disturbed 1.0 acre or more, a stormwater permit was required, and the proposed project is not
eligible to be permitted under the Fast-Track ATC process. – Please provide the construction date and total area
of the existing pavement, buildings, bridge, and gravel road shown on the submitted plans. CDC – Based on
discussions with the current owner, it is our understanding that the site was previously permitted before 2006
by a now defunct developer. Since 2006, the only improvements to the site have been the pavement associated
with the temporary sales center. These improvements disturbed less than 1 acre and this impervious area will be
removed once the project is complete. Based on this information it is our understanding that Phase 1 can
continue as a fast-track review.

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Thank you,

Margie DeBerry
Environmental Specialist, Division of Energy, Mineral, and Land Resources
North Carolina Department of Environmental Quality
Office: [phone]
[e-mail]

From: DeBerry, Margie
Sent: Tuesday, November 22, 2022 3:25 PM
To: Michael Cain <[e-mail]>; [e-mail]
Cc: Smith, Mike M <[e-mail]>; Farkas, Jim J <[e-mail]>; Jess Gardner
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<[e-mail]>
Subject: RE: \[External\] RE: Legacy at Mills River - Ph. 1, Mills River, Henderson County

Good afternoon Mr. Cain,

Thank you for the update and heads up. If you are sending the package overnight tomorrow, we will probably not
receive it in our office until Monday due to the holiday. However, we will look out for the package and confirm receipt
when it arrives.

Margie DeBerry
Environmental Specialist, Division of Energy, Mineral, and Land Resources
North Carolina Department of Environmental Quality
Office: [phone]
[e-mail]

From: Michael Cain <[e-mail]>
Sent: Tuesday, November 22, 2022 3:18 PM
To: DeBerry, Margie <[e-mail]>; [e-mail]
Cc: Smith, Mike M <[e-mail]>; Farkas, Jim J <[e-mail]>; Jess Gardner
<[e-mail]>
Subject: \[External\] RE: Legacy at Mills River - Ph. 1, Mills River, Henderson County

CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.

Ms. DeBerry,

I wanted to confirm that the project will be resubmitting the requested information tomorrow. The Owner is out of
town, so we have been having some difficulties gathering his signature for the second original application. I’m expecting
it to arrive in the morning and we will package this up and send overnight to Mr. Farkas’ attention.

We appreciate the help.

Michael Cain, P.E.
Civil Design Concepts, P.A. [phone]
Office locations: 168 Patton Avenue Asheville, NC 28801 | 52 Walnut Street ~ Suite 9 Waynesville, NC 28786
Mailing address: P.O. Box 5432 Asheville, NC 28813
www.cdcgo.com

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Privileged and Confidential: The information contained in this email message and any attachments is confidential information intended only for the use of individuals or entities named
above. If the reader of this message is
not the intended recipient you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this email in error,
please notify us immediately by email at
the originating address.

From: DeBerry, Margie <[e-mail]>
Sent: Friday, November 18, 2022 3:31 PM
To: [e-mail]; Michael Cain <[e-mail]>
Cc: Smith, Mike M <[e-mail]>; Farkas, Jim J <[e-mail]>
Subject: RE: Legacy at Mills River - Ph. 1, Mills River, Henderson County

As of today, 11/18/2022, we have not yet received the requested information to complete our review. Please provide
this information to us by close of business on 11/24/2022 or the project will be returned as administratively incomplete.

Thank you,

Margie DeBerry
Environmental Specialist, Division of Energy, Mineral, and Land Resources
North Carolina Department of Environmental Quality
Office: [phone]
[e-mail]

From: DeBerry, Margie
Sent: Tuesday, October 25, 2022 11:09 AM
To: [e-mail]; Michael Cain <[e-mail]>
Cc: Smith, Mike M <[e-mail]>; Farkas, Jim J <[e-mail]>
Subject: Legacy at Mills River - Ph. 1, Mills River, Henderson County

Good morning,

We received your application for a new Fast-Track ATC post-construction stormwater permit on 10/21/2022. At this
time, the submission is not administratively complete and cannot be accepted for review in its current condition. Please
provide the following submittal items within 30 calendar days (by close of business on 11/24/2022) so that we may
accept the project and begin the review process, otherwise, the project will be returned as administratively incomplete.
 1x original, signed hard copies of the Application with the following corrections made (A complete application is
required per 15A NCAC 02H .1042(3)(a) and per Section F of the Application). – One hard copy of the Application
was provided, but two original signed hard copies are required.
 1x hard copy of a USGS map identifying the project location and GPS coordinates for the project. This is required
per 15A NCAC 02H .1043(3)(e) and per Section F of the Application. – One hard copy of a USGS map was
provided (in the Hydrology and Erosion Control Study), however two hard copies are required.
 1x hard copy of the construction sequence discussing how any future development on the project may be
phased. This is required per 15A NCAC 02H .1043(3)(g). – One hard copy of the construction sequence was
provided (in the Hydrology and Erosion Control Study), however two hard copies are required.
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 2x hard copies of documentation from the NC Secretary of State or other official documentation which supports
the titles and positions held by the persons listed in Section C.2 of the Application per 15A NCAC 2H. 1043(3)(b).
This is required per Section F of the Application.

 Please indicate whether both phases of the project are being permitted with the submitted application, or only
Phase 1. The project name stated on the application is “Legacy at Mills River – Ph. 1.”
 Section E.5 of the application listed BUA associated with Existing Development. Please note that “Existing
development” as defined in 15A NCAC 02H .1002, means those projects that are built or those projects that
have established a vested right under North Carolina law as of the effective date of the state stormwater
program or applicable local government ordinance to which the project is subject. If the existing BUA indicated
on the application was built after the post-construction stormwater rules went into effect (2006), and
cumulatively disturbed 1.0 acre or more, a stormwater permit was required, and the proposed project is not
eligible to be permitted under the Fast-Track ATC process. – Please provide the construction date and total area
of the existing pavement, buildings, bridge, and gravel road shown on the submitted plans.

NOTE: This is an administrative completeness review, not a detailed engineering review, there may be other issues that
may be brought up during the engineering review.

If these items are received within the stipulated timeframe, we can accept the project and begin the review process.
Once accepted, reviews under the Fast-Track process can take up to 30 calendar days per statute (one of our two
reviewer positions is currently vacant).

Hard copies should be mailed to the following address:
For FedEx/UPS:
Jim Farkas
512 N. Salisbury Street, Office 640E
Raleigh, NC 27604

For USPS:
Jim Farkas
1612 Mail Service Center
Raleigh, NC 27699-1612

If you have any questions, please contact Margie DeBerry at [e-mail] or 919-707-9209.

Thank you,

Margie DeBerry
Environmental Specialist, Division of Energy, Mineral, and Land Resources
North Carolina Department of Environmental Quality
Office: [phone]
[e-mail]

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