HomeMy WebLinkAboutSW5210602_Final Permit_20210907ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRIAN WRENN
Director
NORTH CAROLINA
Environmental Quality
September 7, 2021
Pine Gate Renewables, Lessee
Attn: Ben Catt
130 Roberts Street
Asheville, NC 28801
Draper Family Partnership, Property Owner
Stephen Draper
1216 Blenhiem Road
Raleigh, NC 27612
Subject: State Stormwater Management Permit No. SW5210602
Phobos Solar, LLC — Phase I
Low Density Project
Nash County
Dear Mr. Catt and Mr. Draper:
The Central DEQ Office received a complete, State Stormwater Management Permit Application for the
subject project on August 24, 2021. Staff review of the plans and specifications has determined that the
project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000
effective January 1, 2017. We are forwarding Permit No. SW5210602 dated September 7, 2021, for the
construction, operation and maintenance of the stormwater control measures (SCMs), built -upon areas, as well
as the stormwater collection system and/or vegetated conveyance system associated with the subject project.
This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions
and limitations as specified therein, and does not supersede any other agency permit that may be required. The
designated permit holder, Pine Gate Renewables ("Lessee"), 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. Please pay
special attention to the permit conditions regarding the limitation of built -upon area, modification of the
project, the operation and maintenance of the vegetated conveyance system, and the procedures for changing
ownership of and/or transferring the permit. Please also pay attention to the permit conditions that requires the
recordation of deed restrictions and protective covenants, easements, and the maintenance agreement, which
must all be provided along with certification upon completion of the project. Failure to comply with these
requirements will result in future compliance problems.
Please be aware that it is the responsibility of the permit holder, the 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 Draper Family Partnership ("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.
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
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
Uepat nt of enmmnmenmi (J.J; 919.707.9200
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, or need additional information concerning this matter, please contact Corey Anen in
the Central DEQ Office, at (919) 707-3649.
Sincerely,
'w'
Brian Wrenn, Director
Division of Energy, Mineral and Land Resources
cc: Mike Ivy, PE - Kleinfelder
Raleigh Regional Office Stormwater File
D North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
512 North Salisbury Street 1 1612 Mail Service Center 1 Raleigh, North Carolina 27699-1612
E Q��
NORTH CAROLINA
OepartmeM of Environmeirtal Quad /`� 919.707.9200
State Stormwater Management
Permit No. SW5210602
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
STATE STORMWATER MANAGEMENT PERMIT
LOW DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Pine Gate Renewables
Phobos Solar, LLC — Phase /
Prophecy Road, Middlesex, Nash County
FOR THE
construction, operation and maintenance of a 24% low density project in compliance with the
provisions of Title 15A NCAC 2H .1000 effective January 1, 2017 (the "stormwater rules") and the
approved stormwater management plans, application, supplement(s), 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") and
considered an enforceable part 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:
I. DESIGN STANDARDS
This permit is effective only with respect to the management of stormwater described in the
approved plans and specifications. The overall percent of built -upon area (BUA) permitted for
the project must not exceed 24% per the requirements of the stormwater rules. This permit
covers the construction of a total of 114,411 square feet of BUA. This permit does not provide
any allocation of built -upon area for future development.
2. A 50-foot wide vegetative setback must be provided and maintained adjacent to all surface
waters, 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 in accordance with the stormwater rules and the approved plans
and specifications. All stormwater runoff, including roof drains, shall be released as dispersed
flow no closer than at the edge of the vegetated setback. At no time shall stormwater runoff be
piped into or through the setback. BUA may not be added to the vegetated setback except as
shown on the approved plans.
Page 1 of 4
State Stormwater Management
Permit No. SW5210602
3. This project has maximized dispersed flow of stormwater runoff through vegetated areas and
minimized the channelization of flow. 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. No piping shall be allowed except those minimum amounts necessary to direct stormwater
runoff beneath a BUA such as a road or driveway when it cannot be avoided.
5. The peak flow from the 10-year storm event shall not cause erosion downslope of the
stormwater outlet discharge point.
6. 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 a minimum
disconnection length between each row of panels equal to the width of each panel row.
II. SCHEDULE OF COMPLIANCE
The project shall be constructed, operated and maintained in accordance with the conditions of
this permit and the approved plans and specifications.
2. Vegetated areas and vegetated conveyances shall be entirely constructed, vegetated, and
operational prior to the construction of any development, per the approved plans and
specifications.
3. During construction, erosion shall be kept to a minimum and any eroded areas of the on -site
stormwater system will be repaired immediately.
4. All vegetated conveyance systems, stormwater collection systems, and/or 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.
5. The permittee shall provide and perform the operation and maintenance necessary, as listed in
the signed Operation and Maintenance Agreement titled Swale System Maintenance
Requirements, a part of the Low Density Supplement, to assure that the permitted and
vegetated conveyance system functions at the approved design condition. The approved
Operation and Maintenance Agreement is incorporated by reference into this permit and must
be followed in its entirety and maintenance must occur at the scheduled intervals.
6. The operation and maintenance agreement must be recorded with the Office of the Register of
Deeds.
7. 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.
8. The final plats for the project must be recorded with the Office of the Register of Deeds. The
recorded plat 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.
9. 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.
10. The permittee is responsible for verifying that the proposed built -upon area for the entire project
does not exceed the maximum allowed by this permit.
Page 2 of 4
State Stormwater Management
Permit No. SW5210602
11. Upon completion of the project, the permittee shall determine whether or not the project is in
compliance with the permitted plans and take the necessary following actions:
a. If the permittee determines that the project is in compliance with the permitted 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 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 permitted 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.
12. 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 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
stormwater control measures, built -upon area, details, etc.
b. Redesign or addition to the approved amount of built -upon area.
c. Further development, subdivision, acquisition, lease or sale of any, all or part of the project
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 control measure, stormwater collection system
and/or vegetative conveyance system shown on the approved plan.
e. The construction of any allocated future BUA.
f. The construction of any permeable pavement, #57 stone area, public trails, or landscaping
material to be considered a permeable surface that were not included in the approved
plans and specifications.
g. Other modifications as determined by the Director.
13. 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.
14. 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. Any items not in compliance must be
repaired, replaced restored, or resolved prior to the transfer. Records of maintenance activities
performed to date may be requested.
III. GENERAL CONDITIONS
1. 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.
2. The issuance of this permit does not preclude the permittee from complying with and obtaining
any other permits or approvals that are required for this development to take place, as required
by any statutes, rules, regulations, or ordinances, which may be 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 3 of 4
State Stormwater Management
Permit No. SW5210602
3. In the event that the project fails to meet the requirements of a low density project, the permittee
shall take immediate corrective actions. This includes actions required by this Division and the
stormwater rules such as the construction of an additional or replacement vegetated
conveyance system and/or stormwater control measures. These additional or replacement
measures shall receive a permit from the Division prior to construction.
4. Permit Transfer: This permit is not transferable to any person or entity except after notice to and
approval by the Director. The permittee shall submit a completed and signed "Permit Transfer
Application Form" (available on the Division website) accompanied by the required fee and
supporting documentation as listed on the form, to the Division at least 60 days prior to any one
or more of the following events:
a. The sale or conveyance of the project area in whole or in part, except in the case of an
individual lot sale that is made subject to the recorded deed restrictions and protective
covenants;
b. Dissolution of the partnership, corporate, or LLC entity, subject to NCGS 55-14-05 or
NCGS 57D-6-07 and 08;
c. Bankruptcy;
d. Foreclosure, subject to the requirements of Session Law 2013-121;
5. Current Permittee Name or Address Changes: The permittee shall submit a completed "Permit
Information Update Application Form" (available on the Division website) 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;
6. The permittee is responsible for compliance with all terms and conditions of this permit until the
Division approves the transfer request. 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 permit.
7. The permittee grants Division Staff permission to enter the property during normal business
hours to inspect all components of the permitted project.
8. 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
permit conditions.
9. Approved plans, application documents, supplements, calculations, operation and maintenance
agreement, and specifications for this project are incorporated by reference and are enforceable
parts of the permit. A copy of this permit, application, supplements, operation and maintenance
agreement, and approved plans and specifications shall be maintained on file by the permittee.
10. Unless specified elsewhere, permanent seeding requirements for the on -site stormwater system
must follow the guidelines established in the North Carolina Erosion and Sediment Control
Planning and Design Manual.
11. 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 Title 15A NCAC 2H.1000 and NCGS 143-215.1 et.al.
Permit issued this the 7t" day of September, 2021.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
<; Brian Wrenn, Director
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Permit Number SW5210602
Page 4 of 4
State Stormwater Management
Permit No. SW5210602
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
State Stormwater Management
Permit No. SW5210602
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 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 /
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 7
State Stormwater Management
Permit No. SW5210602
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
State Stormwater Management
Permit No. SW5210602
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 .1050
OAs-built
ON/E
ON/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 7
State Stormwater Management
Permit No. SW5210602
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 "WE", below.
Attach additional pages as needed:
Page 4 of 7
State Stormwater Management
Permit No. SW5210602
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 .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,
SEAL:
Date
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). OO N/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 7
State Stormwater Management
Permit No. SW5210602
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:
a. Publicly -funded linear projects (road, greenway, or sidewalk)
Y N
b. Water dependent structures
or
c. 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.
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State Stormwater Management
Permit No. SW5210602
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 7