The following statements of project conformance for this project are in roughly the same order as they appear in the permit. Certain sections below may not be included in your permit (especially for permits that were originally issued prior to 2017), in which case, please answer “N/A” and indicate that these conditions are not included in the permit in the provided text box. Please answer the following statements about the current project conformance with the permitting conditions (Any answers of “N/A” will require an explanation in the provided text box, and any answers of “No” will require an explanation and a corrective action plan in Section E):
NOTE: Unless a specific statute is cited, the provided definitions below are not technical definitions (and should not be used as such), but rather are approximate definitions that should allow the layperson to reasonably understand and certify their conformance with permitting conditions.
BUA generally refers to impervious surfaces (impervious surfaces are surfaces that do not allow stormwater to infiltrate through them, such as roofs, roadways, sidewalks, etc.) BUA is defined in G.S. 143-214.7(b2).
The project density should be indicated on the permit. As a general rule of thumb, high-density projects include an SCM (such as a pond) to treat stormwater runoff, while low-density projects are not required to include an SCM and rely on vegetated areas to provide treatment. Projects that are entirely low-density should answer “N/A”. SCM is defined in 15A NCAC 02H .1002(49)
Stormwater Control Measures (SCMs) and/or Low-Density Areas
There are SCM Inspection Forms and videos available on our website that can help you determine if the SCM(s) is (are) in conformance. (NOTE: Not all SCMs currently have an inspection form or video on that website.)
Generally speaking, you should be able to drive a maintenance vehicle, such as a pickup truck, to the SCM(s) and/or low-density area(s) to perform required maintenance tasks. Current specific maintenance access requirements are outlined in 15A NCAC 02H .1050(8).
A stormwater outlet is any location that stormwater runoff (water, from rain or snow, that flows across the ground) leaves a pipe or a ditch.
Vegetated setbacks (which may also be referred to as “vegetated buffers” in certain permits) refer to vegetated areas directly adjacent to surface waters (such as lakes, rivers, streams, etc.) These vegetated areas are required to help protect the surface waters from stormwater runoff, are typically required to be free of BUA*, and the widths of these vegetated areas are measured perpendicularly from the bank or normal water surface elevation of the surface water (it should also be clearly indicated on the approved plans). A surface water may not be readily visible when inspecting the project; some surface waters are ephemeral (meaning that they are dry for part of the year), but the surface waters should be indicated on the approved plans and/or USGS topographic map in the permitting documents.
*There are certain types of BUA that may be allowable within this vegetated area, but they should be clearly indicated on the approved plans.
Recorded documents help ensure that the site is accessible for State inspections and that the permitting conditions will be met in perpetuity.
Example deed restriction forms can be found on our website.
During construction, vegetated ground cover is often removed from the project area. Without the vegetation to hold the soil in place, controlling erosion and sediment on-site is critically important, especially since fine sediment particles can clog certain SCMs and prevent them from functioning properly. In addition, certain SCMs may be used during project construction to provide E&SC protection but must be cleaned out and converted to the approved SCM configuration before the construction can be considered “finished.” If you are not sure if the Erosion & Sediment Control (E&SC) Plan for the project is being/was followed, the developer or contractor that is performing the construction should be able to inform you. Generally speaking, projects that require a post-construction stormwater permit will also require an E&SC plan that outlines the E&SC practices that are being provided for this project during the different phases of construction.
If the project was modified from what was permitted, you will either need to apply for a Major or Minor Modification (depending on the nature of the changes) prior to completing this form. More information can be found on our website.
The required operation and maintenance procedures that need to be provided in order for your project to function properly vary depending on the specifics of your project. Please refer to the Operation & Maintenance (O&M) Agreement Form as this document outlines the required operation and maintenance procedures that need to be provided for your project and the regularity with which these procedures need to be provided
Please note that permit renewals must be submitted to the Division at least 180 days prior to the permit expiration date. If the permit will expire within 180 days prior to the expiration date, a Renewal Application can be found on our website and should be submitted to the appropriate DEMLR Office. Low-density permits do not have an expiration date and do not need to be renewed.
Is the project in conformance with ALL permit conditions?