SWA000028 Nesbitt Farms_Final Permit

Energy, Mineral
and Land Resources
ENVIRONMENTAL QUALITY
The Farm at Mills River, LLC
Attn: Billy Taylor
1005 Cane Creek Rd.
Fletcher, NC 28732
Subject: Authorization to Construct (ATC) Permit No. SWA000028
Nesbitt Farms Subdivision — Phase I
Henderson County
Dear Mr. Taylor:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
WILLIAM E. VINSON
Interim Director
The Division of Energy, Mineral, and Land Resources (DEMLR) received a complete "Authorization to
Construct" (ATC) Permit Application Form for the subject project to be permitted under the State Stormwater
Fast Track Process on July 25, 2018. 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. SWA000028 dated August 2, 2018, 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 August 2, 2023, shall
be subject to the conditions and limitations as specified therein, and shall not supersede any other agency
permit that may be required.
This cover letter, attachments, and all documents on file with DEMLR shall be considered part of this ATC
Permit and is herein incorporated by reference.
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.
If you have any questions concerning this permit, please contact Corey Anen in the DEMLR Central Office at
919-707-3649 or [e-mail].
Sincerely,
William E. Vinson, Jr., PE, CPESC, CPM, Interim Director
Division of Energy, Mineral and Land Resources
cc: SWA000028 File
Warren M. Sugg, PE — Civil Design Concepts
Asheville Regional Office
State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources
1612 Mail Service Center 1 512 North Salisbury Street I Raleigh, NC 27699-1612
919 707 9200 T

State Stormwater Management Systems
Permit No. SWA000028
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
STATE 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
The Farm at Mills River, LLC c/o Billy Taylor
Nesbitt Farms Subdivision — Phase /
294 Nesbitt Drive, 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 located within one-
half mile of and 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 August 2, 2023, and shall be subject to
the following specified conditions and limitations:
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 Proiects
.1017 NPDES MS4 and Urbanizing Areas: Post -Construction Requirements
.1019 Coastal Counties Program
.1020 Universal Stormwater Management Program
.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

State Stormwater Management Systems
Permit No. SWA000028
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 information provided in the application indicates
that this project has proposed a density of 23.4%. This low density project shall comply
with all applicable low density requirements listed in the stormwater rules. If, at any point,
the project density exceeds 24% this project will be considered a high density project and
must comply with all applicable high density requirements of the stormwater rules.
b. PROJECT AREA. The attached site plan depicts this project as a single project with a
project area of 1,475,543 square feet. The locations of all SCMs, streams, wetlands and
buffers 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 (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. Final plat 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. 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.
f. 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.

State Stormwater Management Systems
Permit No. SWA000028
c. 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. 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. 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.
d. 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.
e. 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. 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.
7. 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.
8. 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.
9. 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.

State Stormwater Management Systems
Permit No. SWA000028
Permit issued this the 2nd day of August, 2018.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
.�7-William E. (Toby) Vinson, Jr., PE, CPESC, CPM, Interim Director
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
ATC Permit Number SWA000028