HomeMy WebLinkAboutSW1210802_Cover Letter & Permit_20220202ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRIAN WRENN
Director
February 2, 2022
NORTH CAROLINA
Environmental Quality
Henderson County Hospital Corporation, Developer
Attn: Johnna Reed, Chief Administrative Officer
800 North Justice Street
Hendersonville, NC 28791
AND
Henderson County, Property Owner
Attn: John Mitchell, County Manager
1 Historic Courthouse Square
Hendersonville, NC 28792
Subject: Post -Construction Stormwater Management Permit No. SW1210802
Pardee Partners Mills River - Site
High Density Project
Henderson County
Dear Mrs. Reed and Mr. Mitchell:
The Division of Energy, Mineral and Land Resources received a complete Post -Construction Stormwater
Management Permit Application for the subject project on November 30, 2021. 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.
SW1210802 dated February 2, 2022, for the construction, operation and maintenance of the built -upon areas
(BUA) and stormwater control measures (SCMs) associated with the subject project.
This permit shall be effective from the date of issuance until February 2, 2030 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. 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. As the identified developer of
the project, Henderson County Hospital Corporation ("Developer") shall be the designated permit holder and
responsible for meeting the conditions and limitations specified therein. The property owner, Henderson County
("Property Owner"), will be responsible for recording the necessary deed restrictions.
Please be aware that it is the responsibility of the permit holders, the Developer and 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 the 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.
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 Asheville Regional Office. If you have any questions concerning this
permit, please contact Jim Farkas in the Central Office, at (919) 707-3646 orjim.farkas@ncdenr.gov.
D 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 _
oeoae oal m eamronmaami a�ann 919.707.9200
Post -Construction Stormwater Management
Permit No. SW1210802
Sincerely,
zw-
Brian Wrenn, Director
Division of Energy, Mineral and Land Resources
Enclosures: Attachment A — Designer's Certification Form
Application Documents
DES/jf: \\WaterResources\DEMLR - Stormwater\SW Permits\SW 1210802
cc: Jared L. DeRidder, PE; WGLA Engineering, PLLC
Michael Malecek; Mills River Planning & Zoning
Crystal Lyda; Henderson County Building Services
Lonnie R. Watkins; NCDOT District Engineer
Asheville Regional Office Stormwater File
Page 2of2
Post -Construction Stormwater Management
Permit No. SW1210802
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
POST -CONSTRUCTION STORMWATER MANAGEMENT PERMIT
HIGH 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
Henderson County Hospital Corporation and Henderson County
Pardee Partners Mills River - Site
3831 Boylston Highway, Mills River, Henderson County
FOR THE
construction, management, operation and maintenance of built -upon area (BUA) draining to one (1)
bioretention cell ("stormwater control measures" or "SCMs") discharging to Class WS-III waters as
outlined in the application, approved stormwater management plans, supplement, 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 February, 2, 2030 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 Title 15A
NCAC 2H.1000 and NCGS 143-215.1 et.al.
BUA REQUIREMENTS. The maximum amount of BUA allowed for the entire project is 69,475
square feet. The runoff from all BUA within the permitted high density drainage area of this
project must be directed into the permitted SCM. The BUA requirements and allocations for this
project are as follows:
a. SCM BUA LIMITS. The SCM has been designed to handle the runoff from 69,475 square
feet of BUA within the delineated drainage area. The BUA for the future development is
limited to 8,114 square feet.
b. HIGH DENSITY WS-III WATER BUA LIMITS. The overall percent of BUA permitted for
the portion of project within the WS-III water supply watershed must not exceed 50%.
Within the WS-III water supply watershed, this permit approves a percent BUA of 48.15%
and the construction of a total of 69,475 square feet of BUA, which includes 8,114 square
feet of future BUA allocation.
Page 1 of 5
Post -Construction Stormwater Management
Permit No. SW1210802
2. PERVIOUS AREA IMPROVEMENTS. At this time, none of the pervious area improvements
listed in G.S. 143-214.7(b2) or the Stormwater Design Manual have been proposed for this
project. Pervious area improvements will be allowed in this project if documentation is provided
demonstrating those improvements meet the requirements of the stormwater rule.
3. SCM REQUIREMENTS. The SCM requirements for this project are as follows:
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.
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 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 AN SCM. Stormwater that is not treated
in an SCM 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 SCMs, 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,
Henderson County, shall incorporate specific restrictions and conditions into a facility
management plan or another legal instrument in lieu of deed restrictions and protective
covenants.
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 shall follow the Erosion Control Plan requirements
until the Sediment -Erosion Control devices are converted to SCMs or no longer needed.
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.
Page 2of5
Post -Construction Stormwater Management
Permit No. SW1210802
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 design
condition prior to close-out of the erosion control plan and/or project completion and/or
transfer of the 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. 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.
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.
Page 3of5
Post -Construction Stormwater Management
Permit No. SW1210802
a. CORRECTIVE ACTIONS REQUIRED. If the facilities fail to perform satisfactorily, 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. 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.
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. DEVELOPER AGREEMENT. It is the responsibility of the permit holders, Henderson
County Hospital Corporation ("Developer") and Henderson County ("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. 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);
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.
Page 4of5
Post -Construction Stormwater Management
Permit No. SW1210802
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, supplement, operation and maintenance agreement, all applicable recorded
documents, and specifications shall be maintained on file by the permittee 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 2Id day of February 2022.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Ougwd "wd k, a 74,w""
Brian Wrenn, Director
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Permit Number SW1210802
Page 5of5
Post -Construction Stormwater Management
Permit No. SW1210802
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 a Bioretention Cell
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. SW1210802
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
County of
personally appeared before me this
Signature
a Notary Public in the State of
do hereby certify that
day of
and acknowledge the due execution of this as -built certification. (SEAL)
Witness my hand and official seal
My commission expires
20
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
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 N
system are located in recorded drainage easements.
or
2. A copy of the recorded plat(s) is provided.
Y or N
D. SINGLE FAMILY RESIDENTIAL LOTS - Plats for residential lots that
Y N
have an SCM include the following:
or
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 N
NCGS 143 Article 21 if the SCM is removed, relocated or altered
or
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 N
appears in the chain of title.
or
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.
Page 1 of 6
Post -Construction Stormwater Management
Permit No. SW1210802
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.
Provide an explanation for every requirement that was not met, and for every "N/A" below. Attach
additional sheets as needed.
Page 2of6
Post -Construction Stormwater Management
Permit No. SW1210802
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.
Page 3of6
Post -Construction Stormwater Management
Permit No. SW1210802
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:
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
ION/EON/A
C. STORMWATER OUTLETS — the outlet handles the peak
Y N
flow from the 10 year storm with no downslo a erosion.
or
D. VARIATIONS
1. A variation (alternative) from the stormwater rule
Y N
provisions has been implemented.
or
2. The variation provides equal or better stormwater control
Y N
and equal or better protection of surface waters.
or
E. COMPLIANCE WITH OTHER REGULATORY PROGRAMS
Y N
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
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 N
provided.
or
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 4of6
Post -Construction Stormwater Management
Permit No. SW1210802
AS -BUILT DESIGNER'S CERTIFICATION FOR BIORETENTION CELL 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.1052, 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
O Circle N if the as -built value differs from the Plan/permit. 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 project or SCM.
This Certification must be completed in conjunction with the General MDC certification under NCAC
02H.1050
Consultant's Certification (MDC .1052)
OAs-built
ON/E
ON/A
A. Volume / Elevations
1. The lowest point of the bioretention cell is a minimum of two
Y N
feet above the SHWT.
or
2. If separation from the SHWT is between one and two feet, a
hydrogeological evaluation has been prepared by a licensed
Y or N
professional.
3. The surface area and depth of the bioretention cell is
Y N
consistent with the approved plans.
or
4. The planting surface elevation of the bioretention cell is
Y N
consistent with the approved plans.
or
5. The ponding depth for the design volume is consistent with
Y or N
the approved plans and a maximum of 12 inches above the
planting surface.
6. If applicable, the ponding depth for the peak attenuation
Y or N
volume is consistent with the approved plans and a
maximum of 24 inches above the planting surface.
7. If applicable, the peak attenuation outlet invert is consistent
Y or N
with the approved plans and a maximum of 18 inches above
the planting surface.
8. Bioretention cell with IWS — An underdrain system with IWS
has been provided. The top of the IWS zone is consistent
Y N
with the approved plans and a minimum of 18 inches below
or
the planting surface.
9. Bioretention cell without IWS — The in -situ soil infiltration rate
is at least two inches per hour immediately prior to the initial
Y or N
placement of media.
Page 5of6
Post -Construction Stormwater Management
Permit No. SW1210802
10. At least one capped clean -out pipe has been provided at the
Y N
low point of each underdrain.
or
B. Media
1. The depth of the media is consistent with the approved plans
and specs and is a minimum of...
- 36 inches for cells with trees & shrubs.
Y or N
- 30 inches for cells without trees & shrubs and IWS.
- 24 inches for cells without trees & shrubs and no IWS.
2. The media is consistent with the approved plans and specs
and is a homogeneous soil mixture consisting of...
- 75 — 85 percent by volume medium to coarse washed sand.
Y or N
- 8 — 15 percent by volume fines.
- 5 — 15 percent by volume organic matter.
3. The media has a phosphorous index (P-index) that does not
exceed...
- 30 in Nutrient Sensitive Waters (NSW).
Y or N
- 50 elsewhere.
4. The media has not been mechanically compacted.
Y or N
5. The media provides a minimum drawdown of one inch per
Y N
hour at the planting surface.
or
C. Landscape/Planting Plan
1. Bioretention cell with sod — The sod is a non -clumping, deep-
Y N
rooted species.
or
2. Bioretention cell with vegetation other than sod — The
Y N
approved landscaping plan has been followed.
or
3. Bioretention cell with vegetation other than sod — Triple
shredded hardwood mulch is placed two to four inches deep
Y or N
in the portion of the bioretention cell that will be inundated.
Provide an explanation for every MDC that was not met, or for every deviation from the permitted
condition below:
Page 6of6