SWA000195_Cover Letter & Permit_20230713

oFtHc STATE�Ati ROY COOPER
Governor
ELIZABETH S.BISER
Secretary
DOUGLAS R.ANSEL NORTH CAROLINA
Interim Director Environmental Quality
July 7, 2023
Blue Ridge Retirement Partners,LLC
Attn: Rick Grant, Manager
70 Peachtree Road, Suite 210
Asheville,NC 28803
Subject: Fast Track Authorization to Construct(ATC)Permit No. SWA000195
Legacy at Mills River—Phase 1
Henderson County
Dear Mr. Grant:
The Division of Energy,Mineral and Land Resources received a complete"Authorization to Construct"
(ATC)Permit Application Form for the subject project on June 8, 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. SWA000195
dated July 7, 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 July 7, 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.
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 [e-mail].
Sincerely,
dui aegaa 4% �7
zw-
Douglas R. Ansel,Interim Director
Division of Energy,Mineral and Land Resources
Enclosures: Attachment A—Fast Track Construction Commencement Form
Attachment B—Example Deed Restriction and Protective Covenants Language
Application Documents
DES/jf: \\WaterResources\DEMLR-Stormwater\SW Permits\SWA000195
cc: Michael J.Cain,PE;Civil Design Concepts
Michael Malecek,Mills River Building Inspections
NCDOT District Engineer
Stan Aiken,DEMLR
Asheville Regional Office Stormwater File
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
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Post-Construction Stormwater Management
ATC Permit No. SWA000195
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
Blue Ridge Retirement Partners, LLC
Legacy at Mills River— Phase 1
582 Jeffress Road, Mills River, Henderson 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 discharging to
receiving waters designated as Hollaman Lake, a class C water in the French Broad 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 7, 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
.1017 NPDES MS4 and Urbanizing Areas: Post-Construction Requirements
.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
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Post-Construction Stormwater Management
ATC Permit No. SWA000195
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 low density portion of the project shall comply with
all applicable low density requirements listed in the stormwater rules. If, at any point, the
low density portion of the project exceeds a density of 24% this project will be considered a
high density project and must comply with all applicable high density requirements of the
stormwater rules.
b. HIGH DENSITY REQUIREMENTS. The information provided in the application indicates
that there are high density portions of the project and, as such, shall comply with all
applicable high density requirements of the stormwater rules.
c. PROJECT AREA. The attached site plan depicts this project as a single project with a
project area of 4,657,870 square feet. Phase 2 will be permitted seperatley. The locations
of all SCMs, streams, wetlands, buffers, and vegetated setbacks are shown on the site
plan.
d. 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.
e. 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 (example language is provided in
Attachment B.) Please note that the final permit will be issued a separate permit
number;
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.
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.
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Post-Construction Stormwater Management
ATC Permit No. SWA000195
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.
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, except in the case of an individual
residential lot sale that is made subject to the recorded deed restrictions and
protective covenants;
V. The assignment of declarant rights to another individual or entity;
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. 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. SWA000195
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 7' 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 SWA000195
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Post-Construction Stormwater Management
ATC Permit No. SWA000195
Attachment A
Fast Track Construction Commencement Form
ATC Permit No. SWA000195
Legacy at Mills River— Phase 1
Henderson 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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Post-Construction Stormwater Management
ATC Permit No. SWA000195
Attachment B
Example Deed Restriction and Protective Covenants Language
High Density Subdivision (residential or non-residential)
In accordance with Title 15 NCAC 2H.1000 effective January 1, 2017, the stormwater rules, deed
restrictions and protective covenants are required to be recorded to ensure that projects will be
maintained, in perpetuity, consistent with the stormwater rules and the design condition. The
following example deed restrictions and protective covenants are to be recorded prior to the sale,
conveyance, and issuance of a certificate of occupancy for a lot or group of lots to any individual or
entity. Please note that the final permit will be issued a separate permit number.
1. The following covenants are intended to ensure ongoing compliance with Post-Construction
Stormwater Management Permit Number (see note above) , as issued by the Division of
Energy, Mineral and Land Resources (the "Division') under 15A NCAC 02H.1000, effective
January 1, 2017.
2. The State of North Carolina is made a beneficiary of these covenants to the extent necessary
to maintain compliance with the stormwater management permit.
3. These covenants are to run with the land and be binding on all persons and parties claiming
under them.
4. The covenants pertaining to stormwater shall not be allowed to expire and may not be altered
or rescinded without the express written consent of the Division.
5. Alteration of the drainage as constructed under the ATC permit approval and as shown on the
final storm water plans submitted as part of the as-built package may not take place without the
concurrence of the permittee and approval by the Division.
6. The maximum allowable built-upon area per lot is square feet.
OR, if the proposed built-upon area per lot will vary, please use the following statement
and provide a complete listing of the proposed built-upon area for each lot:
The maximum allowable built-upon area (BUA)per lot, in square feet, is as listed below or in
the attached table:
Lot# BUA, sf Lot# BUA, sf
This allotted amount includes any built-upon area constructed within the lot property
boundaries, and that portion of the right-of-way between the front lot line and the edge of the
street pavement and/or sidewalk. The maximum allowable built-upon area shall not be
exceeded on any lot until the permit is modified to ensure compliance with the stormwater
rules. Built upon area has the same meaning as G.S. 143-214.7, as amended in Session Law
2017-10.
7. All runoff from the built-upon areas on the lot must drain into the permitted system. This may
be accomplished via grading, a stormwater collection system, and/or a vegetated conveyance.
8. A 30-foot wide vegetated setback must be provided and maintained adjacent to all surface
waters in accordance with 15A NCAC 02H.1003(4) and the final plans submitted as part of the
as-built package.
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Post-Construction Stormwater Management
ATC Permit No. SWA000195
9. 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
procedures as set forth in NCGS 143, Article 21.
Other recommended language the permittee may find beneficial to assist in modifications, resolving
potential future compliance issues, or correcting errors:
1. The Declarant shall have the right to amend the covenants without consent of the members to
conform the Declaration to the requirements of any law or governmental agency having legal
jurisdiction over the property, including those agencies sponsored by or under the control of
the State of North Carolina. A letter from an official of any such agency requesting, requiring or
suggesting an amendment necessary to comply with the requirements of such agency, shall
be sufficient evidence to affect such an amendment. The amendment shall be effective upon
recording.
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