HomeMy WebLinkAboutSW3180905_Final Permit_20210716ROY COOPER
Governor
JOHN NICHOLSON
Interim Secretary
BRIAN WRENN
Director
NORTH CAROLINA
Environmental Quality
July 16, 2021
Twin Lakes Farm, LLC
Attn: Dennis W. Moser, MAI (President)
231 Post Office Drive, Suite 138
Indian Trail, NC 28079
Subject: State Stormwater Management
Twin Lakes Subdivision
Subdivision Project with Areas
Union County
Dear Mr. Moser:
Permit No. SW3180905
of both High and Low Density
The Central DEQ Office received a complete, modified State Stormwater Management
Permit Application for the subject project on July 12, 2021. Staff review of the plans and
specifications has determined that the project, as proposed, complies with the Stormwater
Regulations set forth in 15A NCAC 02H.1000 amended on January 1, 2017 (2017 Rules).
We are hereby forwarding modified Permit No. SW3180905 dated July 16, 2021, for the
construction of the built -upon areas (BUA), stormwater control measures (SCMs), and
vegetated conveyances associated with the subject project.
This permit shall be effective from the date of issuance until January 24, 2027 and the
project shall be subject to the conditions and limitations as specified therein and does not
supersede any other agency permit that may be required. 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.
The following modifications are included and covered by this permit: changes in allocation
of built -upon area and expansion of low density area to cover all of the site except for one
area of high density.
This cover letter, attachments, and all documents on file with DEMLR shall be considered
part of this permit and is herein incorporated by reference. Please replace the previously
approved plan sheets with the attached modified and approved versions. Please replace the
previous application (SWU-101), proposed deed restrictions and protective covenants,
supplement, operation and maintenance agreement with the attached modified versions.
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.
If you have any questions concerning this permit, please contact Corey Anen in the Central
DEQ Office, at (919) 707-3649 or Corey.Anen@ncdenngov.
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 CAROLINA
ueaaa ,t 0 enmmnmen�i near\ r 919.707.9200
Sincerely,
,Brian Wrenn, Director
Division of Energy, Mineral and Land Resources
Enclosures: Attachment A - Designer's Certification Form
Attachment B - Built -Upon Area Allocation
cc: Dale C. Stewart, PE - LandDesign
Mooresville Regional Office Stormwater File
D E Q�� North Carolina Department of Environmental Quality Division of Energy, Mineral and Land Resources
512 North Salisbury Street 1 1612 Mail Service Center Raleigh, North Carolina 27699-1612
NORTH CAROLINA
oepanmammenvlmn...,QU.1 /� 919.707.9200
State Stormwater Management
Permit No. SW3180905
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
STATE STORMWATER MANAGEMENT PERMIT
SUBDIVISION DEVELOPMENT WITH AREAS OF BOTH HIGH AND LOW DENSITY
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
Twin Lakes Farm, LLC
Twin Lakes Subdivision
Beulah Church Road, Indian Trail, Union County
FOR THE
construction, management, operation and maintenance of built -upon area (BUA), one (1) area of 24%
low density with a curb outlet swale system (the "low density area") and one (1) wet pond
("stormwater control measures" or "SCMs") as outlined in the application, approved stormwater
management plans, supplement(s), 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 part of this permit.
This permit shall be effective from the date of issuance until January 24, 2027 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, renewal, 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 02H.1000 and NCGS 143-215.1 et.al.
BUA REQUIREMENTS. The maximum amount of BUA allowed for the entire project is 986,634
square feet. The runoff from all BUA within the permitted drainage area of this project must
continue to be directed into the permitted SCM. The following specific requirements pertain to
the BUA on this project:
a. LOW DENSITY BUA LIMITS. The low density area must not exceed 24% per the
requirements of the stormwater rules. Within this low density area, this permit covers the
construction of a total of 903,870 square feet of BUA. This permit does not provide any
allocation of built -upon area for future development within this low density area.
b. SCM BUA LIMITS. The SCM has been designed using the runoff treatment method to
handle the runoff from 82,764 square feet of BUA within the delineated drainage area. This
permit does not provide any allocation of BUA for future development within the delineated
drainage area(s).
Page 1 of 7
State Stormwater Management
Permit No. SW3180905
c. BUA FOR INDIVIDUAL LOTS. Each of the 87 lots are limited to a maximum amount of BUA
as indicated in Attachment B of this permit and as indicated in the approved plans and
specifications. The maximum BUA assigned to each lot via this permit and the recorded
deed restrictions and protective covenants may not be increased or decreased by
either the individual lot owner or the permittee unless and until the permittee notifies
the Division and obtains written approval from the Division.
2. SCM REQUIREMENTS. The following requirements pertain to the SCMs on this project:
a. SCM DESIGN. The SCM 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
SCM must be provided and maintained at the design condition.
b. PLANTING PLAN. The SCM landscape planting plan shown in the approved plans shall be
followed in its entirety during construction. After the plants are established, the operation
and maintenance agreement must be followed.
c. FOUNTAINS. At this time, a decorative spray fountain has not been proposed within the wet
pond. Decorative spray fountains will be allowed in the wet pond if documentation is
provided demonstrating that the proposed fountain will not cause resuspension of sediment
within the pond or cause erosion of the pond side slopes.
d. IRRIGATION. If the wet pond is to be used for irrigation, it is recommended that some water
be maintained in the permanent pool, the vegetated shelf is planted with appropriate species
that can handle fluctuating conditions, and human health issues are addressed.
3. LOW DENSITY AREA REQUIREMENTS. The following requirements pertain to the low density
area of this project:
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.
e. CURB OUTLET SYSTEMS. Each designated curb outlet must convey stormwater runoff to a
vegetated conveyance or vegetated area as shown on the approved plans and
specifications. The conveyance must be maintained with a dense vegetated cover at a
minimum of 100' long, side slopes at 3:1 (H:V) or flatter, a minimum bottom width of 2 feet,
and a longitudinal slope no steeper than 5% to carry the peak flow from the 10-year storm at
a non -erosive velocity.
4. STORMWATER OUTLETS. The peak flow from the 10-year storm event shall not cause
erosion downslope of the discharge point.
5. VEGETATED SETBACKS. A 50-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.
Page 2 of 7
State Stormwater Management
Permit No. SW3180905
a. BUA IN THE VEGETATED SETBACK. This allows BUA to be placed within the vegetated
setback as shown on the approved as -built plans. BUA may not be added to the vegetated
setback except as shown on the approved plans or in the following instances where the BUA
has been minimized and channelizing runoff from the BUA is avoided:
i. Water dependent structures; and
ii. Minimal footprint uses such as poles, signs, utility appurtenances, and security
lights that cannot practically be located elsewhere.
b. RELEASE OF STORMWATER NOT TREATED IN AN SCM. Stormwater that is not treated
in an SCM, such as in the low density area 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 prior to the sale of individual
lots or groups of lots:
a. ACCESS AND/OR EASEMENTS. The entire stormwater conveyance system, including any
SCMs, and maintenance accesses must be located in public rights -of -way, dedicated
common areas that extend to the nearest public right-of-way, and/or permanent recorded
easements that extend to the nearest public right-of-way for the purpose of inspection,
operation, maintenance, and repair.
b. OPERATION AND MAINTENANCE AGREEMENT. The operation and maintenance
agreement must be recorded with the Office of the Register of Deeds.
c. FINAL PLATS. The final recorded plats_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. Recorded deed restrictions and
protective covenants must include, at a minimum, the following statements related to
stormwater management:
i. The following covenants are intended to ensure ongoing compliance with State
Stormwater Management Permit Number SW3180905, as issued by the Division of
Energy, Mineral and Land Resources (the "Division") under 15A NCAC 02H.1000,
effective January 1, 2017.
ii. The State of North Carolina is made a beneficiary of these covenants to the extent
necessary to maintain compliance with the Stormwater Management Permit.
iii. These covenants are to run with the land and be binding on all persons and parties
claiming under them.
iv. The covenants pertaining to stormwater may not be altered or rescinded without
the express written consent of the Division.
V. Alteration of the drainage as shown on the approved plans may not take place
without the concurrence of the Division.
vi. The maximum built -upon area (BUA) per lot is as shown in Attachment B. This
allotted amount includes any BUA constructed within the lot property boundaries,
and that portion of the right-of-way between the front lot line and the edge of the
pavement not shown on the approved plans. BUA has the same meaning as G.S.
143-214.7, as amended.
vii. The maximum allowable BUA shall not be exceeded on any lot until the permit is
modified to ensure compliance with the stormwater rules, permit, and the approved
plans and specifications.
viii. All runoff from the BUA on the lot must drain into the permitted system. This may
be accomplished via grading, a stormwater collection system and/or a vegetated
conveyance.
ix. Within the low density area, filling in, piping or altering any vegetated conveyances
(ditches, swales, etc.) associated with the development, except for average
driveway crossings, is prohibited by any persons.
X. Within the low density area, filling in, piping or altering any designated curb outlet
swale or vegetated area associated with the development is prohibited by any
persons.
A. A 50-foot wide vegetative setback must be provided and maintained adjacent to all
surface waters in accordance with 15A NCAC 02H.1003(4) and the approved
plans.
Page 3 of 7
State Stormwater Management
Permit No. SW3180905
xii. Within the low density area, all roof drains shall be released no closer than at the
edge of the 50-foot wide vegetated setback and allowed to flow through the setback
as dispersed flow. At no time shall stormwater runoff be piped into or through the
setback.
xiii. Within the low density area, each designated curb outlet must convey stormwater
runoff to a vegetated conveyance or vegetated area as shown on the approved
plans and must be maintained at a minimum of 100' long, 3:1 (H:V) side slopes or
flatter, a minimum bottom width of 2 feet; have a longitudinal slope no steeper than
5%, carry the peak flow from the 10-year storm at a non -erosive velocity, and
dense vegetated cover.
xiv. 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.
e. DEEDS FOR INDIVIDUAL LOTS. The permittee 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. SCM OPERATIONAL PRIOR TO DEVELOPMENT. During construction, 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 device is converted to
a SCM, the permittee shall provide and perform the operation and maintenance as outlined
in the applicable section below.
b. SCM RESTORATION. If one or more of the SCMs are used as an Erosion Control device
and/or removed or destroyed during construction, it must be restored to the approved state
stormwater design condition prior to close-out of the erosion control plan and/or project
completion and/or transfer of the state stormwater permit. Upon restoration, a new or
updated certification will be required for the SCM(s) and a copy must be submitted to the
appropriate DEQ regional office.
8. MODIFICATIONS. No person or entity, including the permittee, shall alter any component
shown in the approved plans and specifications, except for minimum driveway crossings within
the low density area. 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 or SCM 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
SCM(s), BUA, details, etc.
b. Redesign or addition to the approved amount of BUA or to the drainage area.
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 SCM(s), stormwater collection system and/or vegetative
conveyance shown on the approved plan, except for minimum driveway crossings within the
low density area.
e. The construction of any allocated future BUA.
f. Adding the option to use permeable pavement or #57 stone within the lots as a permeable
surface. The request may require a proposed amendment to the deed restrictions and
protective covenants for the subdivision to be submitted and recorded.
g. The construction of any permeable pavement, #57 stone area, public trails, or landscaping
material within the common areas to be considered a permeable surface that were not
included in the approved plans and specifications.
h. Other modifications as determined by the Director.
Page 4 of 7
State Stormwater Management
Permit No. SW3180905
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. If the facilities fail to perform satisfactorily or 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.
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. PERMIT RENEWAL. A permit renewal request must be submitted 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).
12. CURRENT PERMITTEE NAME OR ADDRESS CHANGES. The permittee shall submit a
completed Permit Information Update Application Form to the Division within 30 days to making
any one or more of the following changes:
a. A name change of the current permittee;
b. A name change of the project;
c. A mailing address change of the permittee.
13. 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. TRANSFER REQUEST. The transfer request must include the appropriate application,
documentation and the processing fee as outlined in 15A NCAC 02H.1045(2) and must be
submitted upon occurrence of any one or more of the following events:
i. The sale or conveyance of the project and/or property area in whole or in part,
except in the case of an individual residential lot sale that is made subject to the
recorded deed restrictions and protective covenants;
ii. The assignment of declarant rights to another individual or entity;
iii. 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);
iv. Dissolution of the partnership, corporate, or LLC entity, subject to NCGS 55-14-05
or NCGS 57D-6-07 and 08;
V. Bankruptcy;
vi. Foreclosure, subject to the requirements of Session Law 2013-121;
Page 5 of 7
State Stormwater Management
Permit No. SW3180905
b. 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.
14. 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.
a. REVIEWING AND MONITORING EACH LOT FOR COMPLIANCE. The permittee is
responsible for verifying that the proposed BUA on each individual lot and for the entire
project does not exceed the maximum amount allowed by this permit. The permittee shall
review all individual lot plans for new construction and all subsequent modifications and
additions for compliance. The plans reviewed must include all proposed BUA, grading, and
driveway pipe placement. The permittee shall not approve any lot plans where the maximum
allowed BUA limit has been exceeded or where modifications are proposed to the grading
and/or to the stormwater collection system and/or to the vegetated conveyance unless and
until a permit modification has been approved by the Division. The permittee shall review
and routinely monitor the project and each lot to ensure continued compliance with the
conditions of the permit, the approved plans and specifications, and the recorded deed
restrictions and protective covenants. The permittee shall notify any lot owner that is found
to be in noncompliance with the conditions of this permit in writing and shall require timely
resolution.
b. ARCHITECTURAL REVIEW BOARD (ARB) OR COMMITTEE (ARC). The permittee may
establish an ARB or ARC to conduct individual lot reviews. However, any approval given by
the ARB or ARC on behalf of the permittee does not relieve the permittee of the
responsibility to maintain compliance with the conditions of the permit and the approved
plans and specifications.
c. 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.
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. 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.
g. 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.
Page 6 of 7
State Stormwater Management
Permit No. SW3180905
Permit modified and reissued this the 16' day of July, 2021.
NORTH CAROLINA_ ENVIRONMENTAL MANAGEMENT COMMISSION
/ F
Brian Wrenn, Director
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Permit Number SW3180905
Page 7 of 7
State Stormwater Management
Permit No. SW3180905
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
• As -Built Designer's Certification for Wet Detention Pond Project
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
State Stormwater Management
Permit No. SW3180905
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.
H
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
I, , a Notary Public in the State of
County of
do hereby certify that
personally appeared before me this day of , 20
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 /
Provided
N/A
A. DEED RESTRICTIONS / BUA RECORDS
1. The deed restrictions and protective covenants have been recorded and
Y or N
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 has been
Y or N
provided to the Division.
3. Records which track the BUA on each lot are being kept. (See Note 1)
Y or N
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 system
Y or N
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
have an SCM include the following:
Y or N
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 NCGS 143 Article
Y or N
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 appears in
the chain of title.
Y or N
F. OPERATION AND MAINTENANCE PLAN — maintenance records are
Y or N
being kept in a known set location for each SCM and are available for review.
G. DESIGNER'S CERTIFICATION FORM — has been provided to the
Y or N
Division.
Note 1- Acceptable records include ARC approvals, as -built surveys, and county tax records.
Page 1 of 9
State Stormwater Management
Permit No. SW3180905
Provide an explanation for every requirement that was not met, and for every "N/A" below. Attach additional
sheets as needed.
Page 2 of 9
State Stormwater Management
Permit No. SW3180905
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
NC Registration Number
SEAL:
Signature
Date
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.
OO N/E = not evaluated (provide explanation on page 2) OO N/A = not applicable to this SCM or project.
Consultant's Certification NCAC .1003((3) & General MDC .1050OAs-built
OO N/E
OO N/A
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 bypassed.
Y or N
4. Runoff from offsite areas and/or existing BUA is directed into
Y or N
the permitted SCM and is accounted for at the full build -out
potential.
5. The project controls runoff through an offsite permitted SCM
Y or N
that meets the requirements of the MDC.
6. The net area of new BUA increase for an existing project has
Y or N
been accounted for at the appropriate design storm level.
7. The SCM(s) meets all the specific minimum design criteria.
Y or N
B. VEGETATED SETBACKS / BUA
1. The width of the vegetated setback has been measured from
Y or N
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 (b2)(2)
Y or N
is located in the setback.
4. BUA that does not meet the requirements of NCGS 143-214.7
Y or N
(b2)(2) is located within the setback and is limited to:
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 the
Y or N
edge of the setback and allowed to flow through the setback as
dispersed flow.
Page 3 of 9
State Stormwater Management
Permit No. SW3180905
OAs-built
ON/E
ON/A
C. STORMWATER OUTLETS — the outlet handles the peak flow
Y N
from the 10 year storm with no downslo e erosion.
or
D. VARIATIONS
1. A variation (alternative) from the stormwater rule provisions
Y N
has been implemented.
or
2. The variation provides equal or better stormwater control and
Y N
equal or better protection of surface waters.
or
E. COMPLIANCE WITH OTHER REGULATORY
Y N
PROGRAMS has been met.
or
F. SIZING -the volume of the SCM takes the runoff from all
surfaces into account and is sufficient to handle the required storm
Y or N
depth.
G. CONTAMINATED SOILS — infiltrating SCM's are not located
Y or N
in or on areas with contaminated soils.
H. SIDE SLOPES
1. Vegetated side slopes are no steeper than 3H:IV.
Y or N
2. Side slopes include retaining walls, gabion walls, or other
Y or N
surfaces that are steeper than 3H:IV.
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 discharge
Y or N
point during the peak flow from the 10 year storm.
J. EXCESS FLOWS — An overflow / bypass has been provided.
Y or N
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 >3:1.
Y or N
N. DESIGNER QUALIFICATIONS (FAST -TRACK PERMIT) —
The designer is licensed under Chapters 89A, 89C, 89E, or 89F of
Y or N
the General Statutes.
Provide an explanation for every MDC that was not met, and for every item marked "N/A" or "N/E", below.
Attach additional pages as needed:
Page 4 of 9
State Stormwater Management
Permit No. SW3180905
AS -BUILT DESIGNER'S CERTIFICATION FOR LOW DENSITY PROJECTS
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
❑ 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,
SEAL:
Date
Consultant's Mailing Address:
1044(3).
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 AreaOAs-built
OO N/E
ON/A
1. The project has areas of high density based on natural drainage
area boundaries, variations in land use or construction phasing.
Y or N
2. The project's built -upon area does not exceed the maximum limit
specified in the permit.
Y or N
Dispersed Flow
OAs-built
ON/E
(IN/A
1. The project maximizes dispersed flow through vegetated areas
and minimizes channelized flow.
Y or N
Page 5 of 9
State Stormwater Management
Permit No. SW3180905
Vegetated ConveyancesOAs-built
OO N/E
3 N/A
1. Stormwater that is not released as dispersed flow is transported
Y N
by vegetated conveyances.
or
2. The project has a minimal amount of non -vegetated conveyances
Y N
to reduce erosion.
or
3. Other than minimal piping under driveways and roads, no piping
Y N
has been added beyond what is shown on the approved plans.
or
4. Side slopes are no steeper than 3H:1V.
Y or N
5. The conveyance does not erode in response to the peak flow from
Y N
the 10-year storm.
or
Curb outlet systems (if applicable)OAs-built
OO N/E
3 N/A
1. The swale or vegetated area can carry the peak flow from the
Y N
10-year storm at a non -erosive velocity.
or
2. The longitudinal slope of the swale or vegetated areas does not
Y N
exceed 5%.
or
3. The swale has a trapezoidal cross-section and a minimum bottom
Y N
width of two feet.
or
4. The minimum length of the swale or vegetated area is 100 feet.
Y or N
5. Side slopes are no steeper than 3H:1V.
Y or N
6. The project utilizes treatment swales designed per Section .1061
Y N
in lieu of the curb outlet system requirements.
or
Vegetated Setbacks (if applicable)
OAs-built
OO N/E
3 N/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 N
located in the setback.
or
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 N
• Water dependent structures
or
• Minimal footprint uses such as poles, signs, utility
appurtenances, and security lights.
6. The amount of BUA within the setback is minimized, and
Y N
channeling of the runoff from the BUA has been avoided.
or
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 9
State Stormwater Management
Permit No. SW3180905
OutletsOAs-built
OO N/E
3 N/A
1. Stormwater outlets do not cause erosion downslope of the
discharge point during the peak flow from the 10-year storm.
Y or N
VariationsOAs-built
OO N/E
3 N/A
1. The project has variations from the MDC that were not previously
approved. (Modification may be required.)
Y or N
Deed restrictions (if applicable)OAs-built
OO N/E
3 N/A
1. Deed restrictions are recorded and ensure that the project and
the BUA will be maintained in perpetuity consistent with the
permit, approved plans, and specifications.
Y or N
For Subdivisions Only (Residential or Commercial)
OAs-built
OO N/E
3 N/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
plan.
Y or N
4. The width / radius of streets, paved accesses, cul-de-sacs and
sidewalks is consistent with the approved plan.
Y or N
5. No piping, other than those minimum amounts needed under a
driveway or under a road, has been added.
Y or N
6. The lot grading, road grading, vegetated conveyances, piping,
inverts, and elevations are consistent with the approved plans.
Y or N
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 9
State Stormwater Management
Permit No. SW3180905
AS -BUILT DESIGNER'S CERTIFICATION FOR WET DETENTION POND PROJECT
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 NCAC 02H.1053, 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/phase/SCM #?
Check here if this is 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
NC Registration Number
SEAL:
Signature
Date
Consultant's Mailing Address:
City/State/ZIP
Phone Number
Consultant's Email address:
i0 Circle N if the as -built value differs from the Plan/permit. If N is circled, provide an explanation on page 2
OO N/E = not evaluated (provide explanation on page 2) OO N/A = not applicable to this project or SCM.
This Certification must be completed in conjunction with the General MDC certification under NCAC 02H.1050
Consultant's Certification (MDC .1053)OAs-built
OO N/E
OO N/A
A. Forebay / Depths / Fountain
1. The available Sediment storage is consistent with the approved
y N
plan and is a minimum of 6 in.
or
2. Water flow over the forebay berm into the main pond occurs at a
Y N
non -erosive velocity.
or
3. The provided Forebay Volume is 15%-20% of the main pool
y N
volume.
or
4. The Forebay entrance elevation is deeper than the exit elevation
y N
into the pond.
or
5. The Average Design Depth of the main pond below the
y N
ermanent pool elevation is consistent with the ermitted value.
or
6. Fountain documentation is provided.
Y or N
B. Side slopes / Banks / Vegetated Shelf
1. The width of the Vegetated Shelf is consistent with the approved
y N
Tans and is a minimum of 6 feet.
or
2. The slope of the Vegetated Shelf is consistent with the approved
y N
Tans and is no steeper than 6:1.
or
C. As -built Main Pool / Areas / Volumes / Elevations
1. The permanent pool surface area provided is consistent with the
y N
permitted value.
or
2. The Temporary Pool Volume provided is consistent with the
y N
ermitted value.
or
3. The permanent pool elevation is consistent with the permitted
y N
value.
or
4. The temporary pool elevation is consistent with the permitted
y N
value.
or
Page 8 of 9
State Stormwater Management
Permit No. SW3180905
OAs-built
OO N/E
OO N/A
D. Inlets / Outlet / Drawdown
1.
The design volume draws down in 2-5 days.
Y
or
N
2.
The size of the Orifice is consistent with the permitted value.
Y
or
N
3.
A trash rack is provided on the outlet structure.
Y
or
N
4.
Hydrologic impacts to the receiving channel are minimized from
the 1 yr 24 hr storm discharge?
Y
or
N
5.
The inlets and the outlet location are situated per the approved
plan and avoid short-circuiting.
Y
or
N
E. Vegetation
1.
The vegetated shelf has been planted with a minimum of 3
diverse species.
Y
or
N
2.
The vegetated shelf plant density is consistent with the approved
plans and is no less than 50 plants per 200 sf or no less than 24
inches on center.
Y
or
N
Provide an explanation for every MDC that was not met, and for every item marked "N/A" or "N/E" below.
Attach additional pages as needed:
Page 9 of 9
State Stormwater Management
Permit No. SW3180905
Attachment B
Built -upon Area (BUA) Allocations
(see next page)
Page 1 of 1