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HomeMy WebLinkAboutSW3200101_Cover Letter & Permit_20220705ROY COOPER Governor ELIZABETH S. BISER Secretary BRIAN WRENN Director July 5, 2022 NORTH CAROLINA Environmental Quality Kolter Signature Homes NC, LLC Attn: Michael E. McLendon, Authorized Signatory 8913 Silver Springs Court Charlotte, NC 28215 Subject: Post -Construction Stormwater Management Permit No. SW3200101 Cresswind — Phase 1 High Density Subdivision Project Union County Dear Mr. McLendon: The Division of Energy, Mineral and Land Resources received a complete, modified Post -Construction Stormwater Management Permit Application for the subject project on June 29, 2022. 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). The following modifications are included and covered by this permit: The future BUA allocation for Wet Pond 2 has been increased from 120,000 to 189,386 square feet to account for a future amenity center. We are hereby forwarding the modified, updated, and re -issued Permit No. SW3200101 dated July 5, 2022, for the construction, operation and maintenance of the built -upon areas (BUA) and stormwater control measures (SCMs) associated with the subject project. Please replace the previous application (SWU-101), Supplement-EZ Form, and calculations (Regional Office file only) with the attached modified versions. Please replace the previously approved plan sheet(s) with the approved modified version(s) enclosed. This permit shall be effective from the date of issuance until July 23, 2028 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. 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 Mooresville 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. Sincerely, dugmaB aywd 4 Pgw 57 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\SW3200101\SW3200101—Major Modification-20220705 cc: Matthew S. Kiker, PE; Thomas & Hutton H. Craig Grimmer; Kolter Homes Lee Jenson, Union County Planning NCDOT District Engineer Mooresville Regional Office Stormwater File 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 _ Department of Environmental Ouallty 919.707.9200 Post -Construction Stormwater Management Permit No. SW3200101 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RESOURCES POST -CONSTRUCTION STORMWATER MANAGEMENT PERMIT HIGH DENSITY SUBDIVISION 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 Kolter Signature Homes NC, LLC Cresswind — Phase 1 Potter Road, Monroe, Union County FOR THE construction, management, operation and maintenance of built -upon area (BUA) draining to two (2) wet ponds ("stormwater control measures" or "SCMs") 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 July 23, 2028 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 1,603,569 square feet. The runoff from all BUA within the permitted high density drainage areas of this project must be directed into the permitted SCMs. The BUA requirements and allocations for this project are as follows: a. SCM BUA LIMITS. The SCMs labeled DA-1 & DA-2 have been designed to handle the runoff from 177,474 & 1,426,095 square feet of BUA, respectively, within the delineated drainage areas. The BUA for future development within the drainage areas to the SCMs labeled DA-2 is limited to 189,386 square feet. This permit does not provide any allocation of BUA for future development within the delineated drainage area for the SCMs labeled DA- 1. Page 1 of 6 Post -Construction Stormwater Management Permit No. SW3200101 b. BUA FOR INDIVIDUAL LOTS. Each of the one hundred thirty-seven (137) lots are limited to a maximum of 5,000 square feet of BUA, 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. 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 SCMs are permitted based on the design criteria presented in the sealed, signed and dated supplement and as shown in the approved plans and specifications. These SCMs 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. 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 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 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. 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. Page 2of6 Post -Construction Stormwater Management Permit No. SW3200101 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. 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. The following deed restrictions and protective covenants related to stormwater management have been recorded in Book 08387 on Pages 0332-0334 with the Union County Register of Deeds and must be maintained in perpetuity: i. The following covenants are intended to ensure ongoing compliance with Stormwater Management Permit Number SW3200101, 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 5,000 square feet. 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. A 30-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. X. 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. 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. 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. Page 3of6 Post -Construction Stormwater Management Permit No. SW3200101 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. Adding the option to use infiltrating permeable pavement or #57 stone within the lots as a pervious 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 infiltrating permeable pavement, #57 stone area, public trails, or landscaping material within the common areas to be considered a pervious surface that were not included in the approved plans and specifications. h. Other modifications as determined by the Director. 9. DESIGNER'S CERTIFICATION. Upon completion of the project, the permittee shall determine if the project is in compliance with the approved plans and take the necessary following actions: a. If the permittee determines that the project is in compliance with the approved plans, then within 45 days of completion, the permittee shall submit to the Division one hard copy and one electronic copy of the following: i. The completed and signed Designer's Certification provided in Attachment A noting any deviations from the approved plans and specifications. Deviations may require approval from the Division; ii. A copy of the recorded operation and maintenance agreement; iii. Unless already provided, a copy of the recorded deed restrictions and protective covenants; and iv. A copy of the recorded plat delineating the public rights -of -way, dedicated common areas and/or permanent recorded easements, when applicable. b. If the permittee determines that the project is not in compliance with the approved plans, the permittee shall submit an application to modify the permit within 30 days of completion of the project or provide a plan of action, with a timeline, to bring the site into compliance. 10. OPERATION AND MAINTENANCE. The permittee shall provide and perform the operation and maintenance necessary, as listed in the signed operation and maintenance agreement, to assure that all components of the permitted on -site stormwater system are maintained at the approved design condition. The approved operation and maintenance agreement must be followed in its entirety and maintenance must occur at the scheduled intervals. a. CORRECTIVE ACTIONS REQUIRED. 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. Page 4of6 Post -Construction Stormwater Management Permit No. SW3200101 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. 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, except in the case of an individual residential lot sale that is made subject to the recorded deed restrictions and protective covenants; 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. a. REVIEWING AND MONITORING EACH LOT FOR COMPLIANCE. The permittee is responsible for verifying that the proposed BUA on each individual lot, within each drainage area 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. Page 5of6 Post -Construction Stormwater Management Permit No. SW3200101 b. ARCHITECTURAL REVIEW BOARD (ARB) OR COMMITTEE (ARC). The permittee may establish an ARB or ARC or other group to conduct individual lot reviews on the permittee's behalf. However, any approval given 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, supplement, operation and maintenance agreement, all applicable recorded documents, and specifications shall be maintained on file by the permittee at all times. d. MAINTENANCE ACCESS. SCMs, stormwater collection systems, and vegetated conveyances must be accessible for inspection, operation, maintenance and repair as shown on the approved plans. e. DIVISION ACCESS. The permittee grants Division Staff permission to enter the property during normal business hours to inspect all components of the permitted project. f. 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. g. 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. h. 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. 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 modified, updated, and reissued this the 51" day of July 2022. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION 6uywe aqmd 4 a� Brian Wrenn, Director Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Permit Number SW3200101 Page 6of6 Post -Construction Stormwater Management Permit No. SW3200101 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 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 Post -Construction Stormwater Management Permit No. SW3200101 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. SW3200101 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. SW3200101 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. SW3200101 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. SW3200101 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 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/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 .1053) OAs-built ON/EON/A A. Forebay / Depths / Fountain 1. The available Sediment storage is consistent with the Y N approved plan and is a minimum of 6 in. or 2. Water flow over the forebay berm into the main pond Y N occurs at a non -erosive velocity. or 3. The provided Forebay Volume is 15%-20% of the main Y N pool volume. or 4. The Forebay entrance elevation is deeper than the exit Y N elevation into the pond. or 5. The Average Design Depth of the main pond below the permanent pool elevation is consistent with the permitted Y or N value? 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 Y N approved plans and is a minimum of 6 feet. or 2. The slope of the Vegetated Shelf is consistent with the Y N approved plans 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 Y N with the permitted value. or 2. The Temporary Pool Volume provided is consistent with Y N the permitted value. or Page 5of6 Post -Construction Stormwater Management Permit No. SW3200101 3. The permanent pool elevation is consistent with the Y N permitted value. or 4. The temporary pool elevation is consistent with the Y N permitted value. or OAs-built ON/EON/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 Y N value. or 3. A trash rack is provided on the outlet structure. Y or N 4. Hydrologic impacts to the receiving channel are minimized Y N from the 1 yr 24 hr storm discharge? or 5. The inlets and the outlet location are situated per the Y N approved plan and avoid short-circuiting. or E. Vegetation 1. The vegetated shelf has been planted with a minimum of 3 Y N diverse species. or 2. The vegetated shelf plant density is consistent with the approved plans and is no less than 50 plants per 200 sf or Y or N no less than 24 inches on center. 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 6of6