HomeMy WebLinkAboutSW5240602_Permit & Cover Letter_20241030 o`i c STATE o A'
�
ROY COOPER
Governor
MARY PENNY KELLEY
SecretaryFaegw N°Ev•
WILLIAM E.TOBY VINSON,JR NORTH CAROLINA
Interim Director Environmental Quality
October 30',2024
Blue Ridge Power,LLC,Developer and Lessee
Attn: Clint Lloyd, CLO
105 Fairview Rd, Suite 30
Asheville,NC 28803
AND
Sidney Griffin,Current Property Owner
3830 Womble Road
Nashville,NC 27856
Subject: Post-Construction Stormwater Management Permit No. SW5240602
Red Bud Solar Center
Low Density Project
Nash County
Dear Mr. Lloyd:
The Division of Energy,Mineral and Land Resources received a comtPlete Post-Construction Stormwater
Management Permit Application for the subject project on October 4 ,2024. Staff review of the plans and
specifications has determined that the project, as proposed, complies with the Stormwater Regulations set forth
in Title 15A NCAC 2H.1000 amended on January 1,2017 (2017 Rules). We are hereby forwarding Permit No.
SW5240602 dated October 30',2024, for the construction, operation and maintenance of the built-upon areas
(BUA) and vegetated conveyances or areas associated with the subject project.
This permit shall be effective from the date of issuance until rescinded and does not supersede any other agency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.
The designated permit holder,Blue Ridge Power,LLC("Lessee"and"Developer"), shall be responsible for
meeting the conditions and limitations specified therein. As required for compliance, a copy of the lease
agreement that outlines the responsibilities of the Lessee must be kept with the permit and maintenance activity
records. Failure to comply with these requirements will result in future compliance problems. Please note that
this permit is not transferable except after notice to and approval by the Division.
Please be aware that it is the responsibility of the permit holder,the Developer/Lessee,to notify the Division of
any changes in ownership and request an ownership/name change for the stormwater permit. However,if the
development/lease agreement or contract between the Developer/Lessee and Sidney Griffin("Property Owner")
is dissolved,cancelled or defaults, and the Division is not notified by the Developer/Lessee to transfer the
permit,then the responsibility for permit compliance reverts to the Property Owner. A complete transfer request
must be submitted to the Division within 30 days as described below otherwise the Property Owner will be
operating a stormwater treatment facility without a valid permit which is a violation of NC General Statue 143-
215.1. Failure to transfer the permit may result in appropriate enforcement action in accordance with North
Carolina General Statute §143-215.6A through §143-215.6C being taken against the Property Owner.
If any parts,requirements,or limitations contained in this permit are unacceptable,you have the right to request
an adjudicatory hearing by filing a written petition with the Office of Administrative Hearings(OAH). The
written petition must conform to Chapter 150B of the North Carolina General Statutes and must be filed with the
OAH within thirty(30)days of receipt of this permit. You should contact the OAH with all questions regarding
the filing fee(if a filing fee is required) and/or the details of the filing process at 6714 Mail Service Center,
Raleigh,NC 27699-6714,or via telephone at 919-431-3000, or visit their website at www.NCOAH.com.
Unless such demands are made this permit shall be final and binding.
This project will be kept on file at the Raleigh Regional Office. If you have any questions concerning this
permit,please contact Jacob Beeker in the Central Office,at(919) 707-9214 or jacob.beekerkdeq.nc•.og_v.
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 CAROLINA -
nepa�nt m E^m.o^ W Q.1 919.707.9200
Post-Construction Stormwater Management
Permit No. SW5240602
Sincerely,
d s 4Aud6
William E. Toby Vinson,Jr.,Interim Director
Division of Energy,Mineral and Land Resources
Enclosures: Attachment A—Designer's Certification Form
Application Documents
DES/jb: \\WaterResources\DEMLR-Stormwater\SW Permits\SW5240602
cc: Ryan Brick,PE;NEI Electric Power Engineering,Inc.
Adam Tyson,Nash County Building Inspections
Raleigh Regional Office Stormwater File
Page 2 of 2
Post-Construction Stormwater Management
Permit No. SW5240602
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
POST-CONSTRUCTION STORMWATER MANAGEMENT PERMIT
LOW DENSITY DEVELOPMENT
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 amended on
January 1, 2017 (2017 Rules) (the "stormwater rules"),
PERMISSION IS HEREBY GRANTED TO
Blue Ridge Power, LLC and Sidney Griffin
Red Bud Solar Center
Near 5801 Taylors Gin Road, Castalia, Nash County
FOR THE
construction, management, operation and maintenance of built-upon area (BUA) for a low density
area (the "low density area(s)") as outlined in the application, approved stormwater management
plans, supplements, calculations, operation and maintenance agreement, recorded documents,
specifications, and other supporting data (the "approved plans and specifications") as attached and/or
on file with and approved by the Division of Energy, Mineral and Land Resources (the "Division" or
"DEMLR"). The project shall be constructed, operated and maintained in accordance with these
approved plans and specifications. The approved plans and specifications are incorporated by
reference and are enforceable parts of this permit.
This permit shall be effective from the date of issuance until rescinded and shall be subject to the
following specified conditions and limitations. The permit issued shall continue in force and effect until
the permittee files a request with the Division for a permit modification, transfer, or rescission;
however, these actions do not stay any condition. The issuance of this permit does not prohibit the
Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating
the permit for cause as allowed by the laws, rules, and regulations contained in 15A NCAC 2H.1000
and NCGS 143-215.1 et.al.
1. BUA REQUIREMENTS. The maximum amount of BUA allowed for the entire project is 405,908
square feet. The BUA requirements and allocations for this project are as follows:
a. LOW DENSITY AREA BUA LIMITS. The low density area must not exceed 12% per the
requirements of the stormwater rules. Within this low density area, this permit approves a
percent BUA of 2% and the construction of a total of 405,908 square feet of BUA. This
permit does not provide any allocation of BUA for future development within this low density
area.
2. PERVIOUS AREA IMPROVEMENTS. The following types of improvements are included in the
project and considered pervious per the stormwater rules:
a. SOLAR FARM. In order for the solar panels to be considered a pervious surface, all of the
recommendations of Chapter E-4 of the Stormwater Design Manual must be met. This
project will provide horizontal gaps between individual modules on the panel, which allows
the disconnection length to be no less than 80% of the panel width.
Page 1 of 5
Post-Construction Stormwater Management
Permit No. SW5240602
3. LOW DENSITY AREA REQUIREMENTS. The low density area requirements for this project are
as follows:
a. LOW DENSITY AND CONVEYANCE DESIGN. The low density area is permitted based on
the design criteria presented in the sealed, signed and dated supplement and as shown in
the approved plans and specifications. This low density area and conveyances must be
provided and maintained at the design condition.
b. PIPING. Other than the piping shown on the approved plans, only minimal amounts of
piping under driveways and roads is allowed within the low density area when it cannot be
avoided. No additional piping is allowed.
c. DISPERSED FLOW. The low density area has maximized dispersed flow of stormwater
runoff through vegetated areas and minimized the channelization of flow.
d. VEGETATED CONVEYANCES. Stormwater runoff that could not be released as dispersed
flow may be transported by vegetated conveyances with minimum side slopes of 3:1 (H:V)
designed to not erode during the peak flow from the 10-year storm event as defined in the
stormwater rules and approved by the Division.
4. STORMWATER OUTLETS. This project does not propose any discharge points and therefore
will not have the opportunity to cause erosion during the 10-year storm event.
5. VEGETATED SETBACKS. A 30-foot wide vegetative setback must be provided and
maintained in grass or other vegetation adjacent to all surface waters as shown on the approved
plans. The setback is measured horizontally from the normal pool elevation of impounded
structures, from the top of bank of each side of streams or rivers, and from the mean high
waterline of tidal waters, perpendicular to the shoreline.
a. BUA IN THE VEGETATED SETBACK. BUA may not be added to the vegetated setback
except as shown on the approved plans.
b. RELEASE OF STORMWATER NOT TREATED IN A STORMWATER CONTROL
MEASURE (SCM). Stormwater that is not treated in an SCM, such as in this low density
project (including roof drains), must be released at the edge of the vegetated setback and
allowed to flow through the setback as dispersed flow.
6. RECORDED DOCUMENT REQUIREMENTS. The stormwater rules require the following
documents to be recorded with the Office of the Register of Deeds:
a. EASEMENTS. All stormwater collection systems, vegetated conveyances, and maintenance
access located on property owned by other persons or entities must be located in permanent
recorded easements or drainage easements as shown on the approved plans.
b. OPERATION AND MAINTENANCE AGREEMENT. The operation and maintenance
agreement must be recorded with the Office of the Register of Deeds.
c. FINAL PLATS. If a final plat is recorded, it must reference the operation and maintenance
agreement and must also show all public rights-of-way, dedicated common areas, and/or
permanent drainage easements, in accordance with the approved plans.
d. DEED RESTRICTIONS AND PROTECTIVE COVENANTS. As the property owner, Sidney
Griffin, shall record deed restrictions and protective covenants prior to the issuance of a
certificate of occupancy to ensure the permit conditions and the approved plans and
specifications are maintained in perpetuity.
7. CONSTRUCTION. During construction, erosion shall be kept to a minimum and any eroded
areas of the on-site stormwater system will be repaired immediately.
a. PROJECT CONSTRUCTION, OPERATION AND MAINTENANCE. During construction, all
operation and maintenance for the project and stormwater system shall follow the Erosion
Control Plan requirements until the Sediment-Erosion Control devices are no longer needed.
Page 2 of 5
Post-Construction Stormwater Management
Permit No. SW5240602
b. FINAL GRADING. The vegetated areas and vegetated conveyances shall be entirely
constructed and vegetated. Once the final grading is completed and the site is stabilized, the
permittee shall provide and perform the operation and maintenance as outlined in the
applicable section below.
8. MODIFICATIONS. No person or entity, including the permittee, shall alter any component
shown in the approved plans and specifications. Prior to the construction of any modification to
the approved plans, the permittee shall submit to the Director, and shall have received approval
for modified plans, specifications, and calculations including, but not limited to, those listed
below. For changes to the project that impact the certifications, a new or updated
certification(s), as applicable, will be required and a copy must be submitted to the appropriate
DEQ regional office upon completion of the modification.
a. Any modification to the approved plans and specifications, regardless of size including the
BUA, details, etc.
b. Redesign or addition to the approved amount of BUA.
c. Further development, subdivision, acquisition, lease or sale of any, all or part of the project
and/or property area as reported in the approved plans and specifications.
d. Altering, modifying, removing, relocating, redirecting, regrading, or resizing of any
component of the approved stormwater collection system and/or vegetative conveyance
shown on the approved plan.
e. The construction of any allocated future BUA.
f. The construction of any infiltrating permeable pavement, #57 stone area, public trails, or
landscaping material to be considered a pervious surface that were not included in the
approved plans and specifications.
g. Other modifications as determined by the Director.
9. DESIGNER'S CERTIFICATION. Upon completion of the project, the permittee shall determine if
the project is in compliance with the approved plans and take the necessary following actions:
a. If the permittee determines that the project is in compliance with the approved plans, then
within 45 days of completion, the permittee shall submit to the Division one hard copy and
one electronic copy of the following:
i. The completed and signed Designer's Certification provided in Attachment A
noting any deviations from the approved plans and specifications. Deviations
may require approval from the Division;
ii. A copy of the recorded operation and maintenance agreement;
iii. Unless already provided, a copy of the recorded deed restrictions and
protective covenants; and
iv. A copy of the recorded plat delineating the public rights-of-way, dedicated
common areas and/or permanent recorded easements, when applicable.
b. If the permittee determines that the project is not in compliance with the approved plans, the
permittee shall submit an application to modify the permit within 30 days of completion of the
project or provide a plan of action, with a timeline, to bring the site into compliance.
10. OPERATION AND MAINTENANCE. The permittee shall provide and perform the operation and
maintenance necessary, as listed in the signed operation and maintenance agreement, to
assure that all components of the permitted on-site stormwater system are maintained at the
approved design condition. The approved operation and maintenance agreement must be
followed in its entirety and maintenance must occur at the scheduled intervals.
a. CORRECTIVE ACTIONS REQUIRED. In the event that the low density area fails to meet
the requirements of low density, the permittee shall take immediate corrective actions. This
includes actions required by the Division and the stormwater rules such as the construction
of additional or replacement on-site stormwater systems. These additional or replacement
measures shall receive a permit from the Division prior to construction.
Page 3 of 5
Post-Construction Stormwater Management
Permit No. SW5240602
b. MAINTENANCE RECORDS. Records of maintenance activities must be kept and made
available upon request to authorized personnel of the Division. The records will indicate the
date, activity, name of person performing the work and what actions were taken.
11. 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.
12. 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 and/or property, in whole or in part, nor
the conveyance of common area to a third party constitutes an approved transfer of the permit.
a. DEVELOPER AGREEMENT. It is the responsibility of the permit holders, Blue Ridge Power,
LLC ("Developer") and Sidney Griffin ("Property Owner"), to notify the Division of any
changes in ownership and request an ownership/name change for the stormwater permit.
However, if the development agreement between the Developer and Property Owner is
dissolved, cancelled or defaults, and the Division is not notified by the Developer to transfer
the permit, then the responsibility for permit compliance reverts back to the Property Owner.
A complete transfer request must be submitted to the Division within 30 days as described
below otherwise the Developer and Property Owner will be operating a stormwater treatment
facility without a valid permit which is a violation of NC General Statue 143-215.1. Failure to
transfer the permit may result in appropriate enforcement action in accordance with North
Carolina General Statute §143-215.6A through §143-215.6C being taken against the
Property Owner.
b. LEASE AGREEMENT. It is the responsibility of the permit holder, Blue Ridge Power, LLC
("Lessee"), to notify the Division of any changes in ownership and request an
ownership/name change for the stormwater permit. However, if the lease agreement or
contract between the Lessee and Sidney Griffin ("Property Owner") is dissolved, cancelled or
defaults, and the Division is not notified by the Lessee to transfer the permit, then the
responsibility for permit compliance reverts to the Property Owner. A complete transfer
request must be submitted to the Division within 30 days as described below otherwise the
Property Owner will be operating a stormwater treatment facility without a valid permit which
is a violation of NC General Statue 143-215.1. Failure to transfer the permit may result in
appropriate enforcement action in accordance with North Carolina General Statute §143-
215.6A through §143-215.6C being taken against the Property Owner.
c. TRANSFER REQUEST. 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;
V. The assignment of declarant rights to another individual or entity;
vi. The sale or conveyance of the common areas to a Homeowner's or Property
Owner's Association, subject to the requirements of NCGS 143-214.7(c2);
d. TRANSFER INSPECTION. Prior to transfer of the permit, a file review and site inspection
will be conducted by Division personnel to ensure the permit conditions have been met and
that the project and the on-site stormwater system complies with the permit conditions.
Records of maintenance activities performed to date may be requested. Projects not in
compliance with the permit will not be transferred until all permit and/or general statute
conditions are met.
13. COMPLIANCE. The permittee is responsible for complying with the terms and conditions of this
permit and the approved plans and specifications until the Division approves the transfer
request.
Page 4 of 5
Post-Construction Stormwater Management
Permit No. SW5240602
a. REVIEWING AND MONITORING FOR COMPLIANCE. The permittee is responsible for
verifying that the proposed BUA within each drainage area and for the entire project does
not exceed the maximum amount allowed by this permit. The permittee shall review and
routinely monitor the project to ensure continued compliance with the conditions of the
permit, the approved plans and specifications.
b. APPROVED PLANS AND SPECIFICATIONS. A copy of this permit, approved plans,
application, supplements, operation and maintenance agreement, all applicable recorded
documents, and specifications shall be maintained on file by the permittee at all times.
Additionally, a copy of the lease agreement that outlines the responsibilities of the Lessee
must be kept with the permit and maintenance activities records at all times.
c. MAINTENANCE ACCESS. SCMs, stormwater collection systems, and vegetated
conveyances must be accessible for inspection, operation, maintenance and repair as
shown on the approved plans.
d. DIVISION ACCESS. The permittee grants Division Staff permission to enter the property
during normal business hours to inspect all components of the permitted project.
e. 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 procedures as set forth in NCGS 143 Article 21.
f. ANNUAL CERTIFICATION. The permittee shall electronically submit to the Division an
annual certification completed by either the permittee or their designee confirming the
projects conformance with permit conditions.
g. OBTAINING COMPLIANCE. The Director may notify the permittee when the permitted site
does not meet one or more of the minimum requirements of the permit. Within the time
frame specified in the notice, the permittee shall submit a written time schedule to the
Director for modifying the site to meet minimum requirements. The permittee shall provide
copies of modified plans and certification in writing to the Director that the changes have
been made.
h. OTHER 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 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. Any activities undertaken at this site that cause a water quality violation or
undertaken prior to receipt of the necessary permits or approvals to do so are considered
violations of NCGS 143-215.1, and subject to enforcement procedures pursuant to NCGS
143-215.6.
Permit issued this the 301" day of October 2024.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
6""es4Aud6
.;,.-,-William E. Toby Vinson, Jr., Interim Director
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Permit Number SW5240602
Page 5 of 5
Post-Construction Stormwater Management
Permit No. SW5240602
Attachment A
Certification Forms
The following blank Designer Certification forms are included and specific for this project:
• As-Built Permittee Certification
• As-Built Designer's Certification General MDC
• As-Built Designer's Certification for Low Density Projects
A separate certification is required for each SCM. These blank certification forms may be copied and
used, as needed, for each SCM and/or as a partial certification to address a section or phase of the
project.
Page 1 of 1
Post-Construction Stormwater Management
Permit No. SW5240602
AS-BUILT PERMITTEE CERTIFICATION
I hereby state that I am the current permittee for the project named above, and I certify by my signature below,
that the project meets the below listed Final Submittal Requirements found in NCAC 02H.1042(4) and the terms,
conditions and provisions listed in the permit documents, plans and specifications on file with or provided to the
Division.
❑ Check here if this is a partial certification. Section/phase/SCM #?
❑ Check here if this is part of a Fast Track As-built Package Submittal.
Printed Name Signature
1, , a Notary Public in the State of
County of do hereby certify that
personally appeared before me this day of 120
and acknowledge the due execution of this as-built certification. (SEAL)
Witness my hand and official seal
My commission expires
Permittee's Certification NCAC .1042(4) Completed/ N/A
Provided
A. DEED RESTRICTIONS / BUA RECORDS
1. The deed restrictions and protective covenants have been recorded Y or N
and contain the necessary language to ensure that the project is
maintained consistent with the stormwater regulations and with the
permit conditions.
2. A copy of the recorded deed restrictions and protective covenants Y or N
has been provided to the Division.
3. Records which track the BUA on each lot are being kept. (See Note Y or N
1
B. MAINTENANCE ACCESS
1. The SCMs are accessible for inspection, maintenance and repair. Y or N
2. The access is a minimum of 10 feet wide. Y or N
3. The access extends to the nearest public right-of-way. Y or N
C. EASEMENTS
1. The SCMs and the components of the runoff collection / conveyance Y or N
system are located in recorded drainage easements.
2. A copy of the recorded plat(s) is provided. Y or N
D. SINGLE FAMILY RESIDENTIAL LOTS - Plats for residential lots that Y or N
have an SCM include the following:
1. The specific location of the SCM on the lot. Y or N
2. A typical detail for the SCM. Y or N
3. A note that the SCM is required to meet stormwater regulations and
that the lot owner is subject to enforcement action as set forth in Y or N
NCGS 143 Article 21 if the SCM is removed, relocated or altered
without prior approval.
E. OPERATION AND MAINTENANCE AGREEMENT Y or N
1. The O&M Agreement is referenced on the final recorded plat. Y or N
2. The O&M Agreement is recorded with the Register of Deeds and Y or N
appears in the chain of title.
F. OPERATION AND MAINTENANCE PLAN — maintenance records are
being kept in a known set location for each SCM and are available for Y or N
review.
G. DESIGNER'S CERTIFICATION FORM — has been provided to the Y or N
Division.
Page 1 of 7
Post-Construction Stormwater Management
Permit No. SW5240602
Note 1-Acceptable records include ARC approvals, as-built surveys, and county tax records.
Provide an explanation for every requirement that was not met, and for every "N/A" below. Attach
additional sheets as needed.
Page 2 of 7
Post-Construction Stormwater Management
Permit No. SW5240602
AS-BUILT DESIGNER'S CERTIFICATION GENERAL MDC
I hereby state that I am a licensed professional and I certify by my signature and seal below, that I
have observed the construction of the project named above to the best of my abilities with all due care
and diligence, and that the project meets the below listed General MDC found in NCAC 02H.1050 in
accordance with the permit documents, plans and specifications on file with or provided to the
Division, except as noted on the "AS-BUILT" drawings, such that the intent of the stormwater rules
and statutes has been preserved.
Check here if this is a partial certification. Section/phase/SCM #?
Check here if this is a part of a Fast-Track As-Built Package Submittal per .1044(3).
Check here if the designer did not observe the construction, but is certifying the project.
Check here if pictures of the SCM are provided.
Printed Name Signature
NC Registration Number Date
SEAL: Consultant's Mailing Address:
City/State/ZIP
Phone Number
Consultant's Email address:
O Circle N if the as-built value differs from the Plan. If N is circled, provide an explanation on Page 2.
ON/E = not evaluated (provide explanation on page 2) ON/A = not applicable to this SCM or project.
Consultant's Certification NCAC .1003((3) & General MDC OAs-built ON/E ON/A
.1050
A. TREATMENT REQUIREMENTS
1. The SCM achieves runoff treatment. Y or N
2. The SCM achieves runoff volume match. Y or N
3. Runoff from offsite areas and/or existing BUA is Y or N
bypassed.
4. Runoff from offsite areas and/or existing BUA is directed Y or N
into the permitted SCM and is accounted for at the full
build-out potential.
5. The project controls runoff through an offsite permitted Y or N
SCM that meets the requirements of the MDC.
6. The net area of new BUA increase for an existing project Y or N
has been accounted for at the appropriate design storm
level.
7. The SCM(s) meets all the specific minimum design Y or N
criteria.
B. VEGETATED SETBACKS / BUA
1. The width of the vegetated setback has been measured Y or N
from the normal pool of impounded waters, the MHW
line of tidal waters, or the top of bank of each side of
rivers or streams.
2. The vegetated setback is maintained in grass or other Y or N
vegetation.
3. BUA that meets the requirements of NCGS 143-214.7 Y or N
b2 2 is located in the setback.
4. BUA that does not meet the requirements of NCGS 143- Y or N
214.7 (b2)(2) is located within the setback and is limited
to:
Page 3 of 7
Post-Construction Stormwater Management
Permit No. SW5240602
a. Publicly funded linear projects (road, greenway
sidewalk)
b. Water-dependent structures
c. Minimal footprint uses (utility poles, signs, security
lighting and appurtenances)
5. Stormwater that is not treated in an SCM is released at Y or N
the edge of the setback and allowed to flow through the
setback as dispersed flow.
OAs-built ON/E ON/A
C. STORMWATER OUTLETS —the outlet handles the peak Y or N
flow from the 10 year storm with no downslo e erosion.
D. VARIATIONS
1. A variation (alternative) from the stormwater rule Y or N
provisions has been implemented.
2. The variation provides equal or better stormwater control Y or N
and equal or better protection of surface waters.
E. COMPLIANCE WITH OTHER REGULATORY PROGRAMS Y or N
has been met.
F. SIZING -the volume of the SCM takes the runoff from all
surfaces into account and is sufficient to handle the required Y or N
storm depth.
G. CONTAMINATED SOILS — infiltrating SCM's are not Y or N
located in or on areas with contaminated soils.
H. SIDE SLOPES
1. Vegetated side slopes are no steeper than 3H:1 V. Y or N
2. Side slopes include retaining walls, gabion walls, or Y or N
other surfaces that are steeper than 3H:1 V.
3. Vegetated side slopes are steeper than 3H:1 V (provide Y or N
supporting documents for soils and vegetation).
I. EROSION PROTECTION
1. The inlets do not cause erosion in the SCM. Y or N
2. The outlet does not cause erosion downslope of the Y or N
discharge point during the peak flow from the 10 year
storm.
J. EXCESS FLOWS —An overflow/ bypass has been Y or N
provided.
K. DEWATERING —A method to drawdown standing water has Y or N
been provided to facilitate maintenance and inspection.
L. CLEANOUT AFTER CONSTRUCTION —the SCM has been Y or N
cleaned out and converted to its approved design state.
M. MAINTENANCE ACCESS
1. The SCM is accessible for maintenance and repair. Y or N
2. The access does not include lateral or incline slopes Y or N
>3:1.
N. DESIGNER QUALIFICATIONS (FAST-TRACK PERMIT) —
The designer is licensed under Chapters 89A, 89C, 89E, or Y or N
89F of the General Statutes.
Provide an explanation for every MDC that was not met, and for every item marked "N/A" or"WE",
below. Attach additional pages as needed:
Page 4 of 7
Post-Construction Stormwater Management
Permit No. SW5240602
AS-BUILT DESIGNER'S CERTIFICATION FOR LOW DENSITY PROJECTS
I hereby state that I am a licensed professional and I certify by my signature and seal below, that I have
observed the construction of the project named above to the best of my abilities with all due care and diligence,
and that the project meets all of the MDC found in 15A NCAC 02H.1003, in accordance with the permit
documents, plans and specifications on file with or provided to the Division, except as noted on the"AS-BUILT"
drawings, such that the intent of the stormwater rules and the general statutes has been preserved.
❑ Check here if this is a partial certification. Section or phase
❑ Check here if this is part of a Fast-Track As-Built Package Submittal per 15A NCAC 02H .1044(3).
❑ Check here if the Designer did not observe the construction but is certifying the project.
❑ Check here if pictures of the project are provided.
Printed Name Signature
NC Registration Number Date
SEAL: Consultant's Mailing Address:
City: State: Zip:
Phone:)
Consultant's Email address:
O Circle N if the as-built value differs from the Plan/permit. If N is circled, provide an explanation on page 3.
O N/E = Not Evaluated (provide explanation on page 2). ON/A= Not Applicable to this project/plan.
Consultant's Certification (MDC 15A NCAC 02H .1003)
Project Density and Built-Upon Area OAs-built ON/E ON/A
1. The project has areas of high density based on natural drainage Y or N
area boundaries, variations in land use or construction phasing.
2. The project's built-upon area does not exceed the maximum limit Y or N
specified in the permit.
Dispersed Flow OAs-built ON/E ON/A
1. The project maximizes dispersed flow through vegetated areas Y or N
and minimizes channelized flow.
Page 5 of 7
Post-Construction Stormwater Management
Permit No. SW5240602
Vegetated Conveyances OAs-built ON/E ON/A
1. Stormwater that is not released as dispersed flow is transported Y or N
by vegetated conveyances.
2. The project has a minimal amount of non-vegetated conveyances Y or N
to reduce erosion.
3. Other than minimal piping under driveways and roads, no piping Y or N
has been added beyond what is shown on the approved plans.
4. Side slopes are no steeper than 3H:1 V. Y or N
5. The conveyance does not erode in response to the peak flow from Y or N
the 10-year storm.
Curb outlet systems (if applicable) OAs-built ON/E ON/A
1. The swale or vegetated area can carry the peak flow from the Y or N
10-year storm at a non-erosive velocity.
2. The longitudinal slope of the swale or vegetated areas does not Y or N
exceed 5%.
3. The swale has a trapezoidal cross-section and a minimum bottom Y or N
width of two feet.
4. The minimum length of the swale or vegetated area is 100 feet. Y or N
5. Side slopes are no steeper than 3H:1 V. Y or N
6. The project utilizes treatment swales designed per Section .1061 Y or N
in lieu of the curb outlet system requirements.
Vegetated Setbacks (if applicable) OAs-built ON/E ON/A
1. The width of the vegetated setback is at least 50'. Y or N
2. The width of the vegetated setback has been measured from the
normal pool of impounded waters, the MHW line of tidal waters, Y or N
or the top of bank of each side of rivers or streams.
3. The vegetated setback is maintained in grass or other vegetation. Y or N
4. BUA that meets the requirements of NCGS 143-214.7(b2)(2) is Y or N
located in the setback.
5. BUA that does NOT meet the requirements of NCGS 143-
214.7(b2)(2) is located within the setback and is limited to:
• Publicly-funded linear projects (road, greenway, or sidewalk) Y or N
• Water dependent structures
• Minimal footprint uses such as poles, signs, utility
appurtenances, and security lights.
6. The amount of BUA within the setback is minimized, and Y or N
channeling of the runoff from the BUA has been avoided.
7. Stormwater is not discharged (via swale or pipe)through a
vegetated setback. Stormwater is released at the edge of the Y or N
setback and allowed to flow through the setback as dispersed flow.
Page 6 of 7
Post-Construction Stormwater Management
Permit No. SW5240602
Outlets OAs-built ON/E ON/A
1. Stormwater outlets do not cause erosion downslope of the Y or N
discharge point during the peak flow from the 10-year storm.
Variations OAs-built ON/E ON/A
1. The project has variations from the MDC that were not previously Y or N
approved. (Modification may be required.)
Deed restrictions (if applicable) OAs-built ON/E ON/A
1. Deed restrictions are recorded and ensure that the project and
the BUA will be maintained in perpetuity consistent with the Y or N
permit, approved plans, and specifications.
For Subdivisions Only (Residential or Commercial) OAs-built ON/E ON/A
1. The number of platted lots is consistent with the approved plans. Y or N
2. The project area is consistent with the approved plans. Y or N
3. The layout of the lots and streets is consistent with the approved Y or N
plan.
4. The width /radius of streets, paved accesses, cul-de-sacs and Y or N
sidewalks is consistent with the approved plan.
5. No piping, other than those minimum amounts needed under a Y or N
driveway or under a road, has been added.
6. The lot grading, road grading, vegetated conveyances, piping, Y or N
inverts, and elevations are consistent with the approved plans.
Provide an explanation below for every MDC that was not met, and for every item marked "N/A" or
"N/E." Attach additional pages as needed.
Page 7 of 7