HomeMy WebLinkAboutSW6220101_Minor Mod_20240208 v3 �P
ROY COOPER _
Governor
u = o
ELIZABETH S.BISER
Secretary *E¢[QuAMNVEW#
WILLIAM E.TOBY VINSON,,JR NORTH CAROLINA
Interim Director Environmental Quality
February 8,2024
Caviness Land Development Inc.,Developer
Attn: Watson Caviness, President
1041 B Robeson Street
Fayetteville,NC 28305
AND
Woodshire Partners,LLC,Current Property Owner
Attn: Watson Caviness,Member
639 Executive Place, Suite 400
Fayetteville,NC 28305
Subject: Approved Minor Modification
Post-Construction Stormwater Management Permit No. SW6220101
Creekside Oaks South(formerly Woodshire Subdivision Phase 7)
Harnett County
Dear Mr. Caviness:
The Division of Energy,Mineral and Land Resources received a complete Minor Modification Application for
changes to the subject permit and project on November 13, 2023. Staff review has determined that the proposed
changes meet the definition of a minor modification in that it does not result in an increase in the size of the
permitted stormwater control measure(SCM) and does not increase the amount of built-upon area. The
following minor modifications are included and covered by this permit: The pond location was modified to
reduce the construction cost of the project and the total number of lots was reduced from 71 to 67(the per lot
BUA allocation is unchanged), reducing to overall project BUA. The Division is hereby notifying you that the
permit SW6220101 has been modified,updated,and re-issued on February 8, 2024, as attached,to reflect any
changes. Please replace the previous application (SWU-101), supplement, operation and maintenance
agreement, and calculations with the attached modified versions. Please replace the previously approved plan
sheet(s) with the approved modified version(s) enclosed.
This permit remains effective until December 6,2030 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. This permit does
not impose new or increased stormwater control requirements or design standards; it clarifies the rules and
requirements of this program to provide you with a better understanding of your obligations under this permit.
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.
This project will be kept on file at the Fayetteville Regional Office. If you have any questions concerning this
permit,please contact Jim Farkas in the Central Office, at(919) 707-3646 or postconstruction@deq.nc.gov.
Sincerely,
out aqwd 4 f6w 9
William E. Toby Vinson,Jr.,Interim Director
Division of Energy,Mineral and Land Resources
Enclosures: Attachment A—Designer's Certification Form
Application Documents
DES\jf: \\WaterResources\DEMLR-Stormwater\SW Permits\SW6220101\SW6220101 Minor Modification 20240208
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
uepamm nt m Envi onm W Qwln 919.707.9200
cc: C. Scott Brown,PE;4D Site Solutions,Inc.
Donna Johnson,Harnett County Building Inspections
NCDOT District Engineer
Fayetteville Regional Office Stormwater File
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
POST-CONSTRUCTION STORMWATER MANAGEMENT PERMIT
SUBDIVISION DEVELOPMENT WITH AREAS OF BOTH HIGH AND LOW DENSITY
In compliance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws, Rules, and Regulations promulgated and adopted by the North
Carolina Environmental Management Commission, including 15A NCAC 02H.1000 amended on
January 1, 2017 (2017 Rules) (the "stormwater rules"),
PERMISSION IS HEREBY GRANTED TO
Caviness Land Development, Inc. and Woodshire Partners, LLC
Woodshire Subdivision Phase 7
Nursery Road, near the intersection of Wood Point Drive & Dunbar Drive, Lillington, Harnett County
FOR THE
construction, management, operation and maintenance of built-upon area (BUA) draining to one (1)
wet pond ("stormwater control measures" or "SCMs"),for a low density subdivision area (the "low
density area(s)"), as outlined in the application, approved stormwater management plans,
supplement(s), calculations, operation and maintenance agreement, recorded documents,
specifications, and other supporting data (the "approved plans and specifications") as attached and/or
on file with and approved by the Division of Energy, Mineral and Land Resources (the "Division" or
"DEMLR"). The project shall be constructed, operated and maintained in accordance with these
approved plans and specifications. The approved plans and specifications are incorporated by
reference and are enforceable part of this permit.
This permit shall be effective from the date of issuance until December 6, 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 15A
NCAC 02H.1000 and NCGS 143-215.1 et.al.
1. BUA REQUIREMENTS. The maximum amount of BUA allowed for the entire project is 412,980
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. HIGH DENSITY AREA SCM BUA LIMITS (DA1). The SCM has been designed to handle
the runoff from 388,943 square feet of BUA within the delineated drainage area, also
referred to as DA1. This permit does not provide any allocation of BUA for future
development within the delineated drainage area.
b. LOW DENSITY AREA BUA LIMITS (LD1). The low density area, also referred to as
Drainage Area (LD1) in the approved plans and specifications, must not exceed 24% per the
requirements of the stormwater rules. Within this low density area, this permit approves a
percent BUA of 6.67% and the construction of a total of 40,000 square feet of BUA. This
permit does not provide any allocation of BUA for future development within this low density
area.
Page 1 of 8
c. BUA FOR INDIVIDUAL LOTS. Each of the sixty-seven (67) lots, numbered 454 through
520, are limited to a maximum of 4,000 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 SCM is permitted based on the design criteria presented in the sealed,
signed and dated supplement and as shown in the approved plans and specifications. This
SCM must be provided and maintained at the design condition.
b. PLANTING PLAN. The SCM landscape planting plan shown in the approved plans shall be
followed in its entirety during construction. After the plants are established, the operation
and maintenance agreement must be followed.
c. FOUNTAINS. At this time, a decorative spray fountain has not been proposed within the wet
pond. Decorative spray fountains will be allowed in the wet pond if documentation is
provided demonstrating that the proposed fountain will not cause resuspension of sediment
within the pond or cause erosion of the pond side slopes.
d. IRRIGATION. If the wet pond is to be used for irrigation, it is recommended that some water
be maintained in the permanent pool, the vegetated shelf is planted with appropriate species
that can handle fluctuating conditions, and human health issues are addressed.
4. LOW DENSITY AREA REQUIREMENTS. The low density area requirements for this project are
as follows:
a. LOW DENSITY AND CONVEYANCE DESIGN. The low density area is permitted based on
the design criteria presented in the sealed, signed and dated supplement and as shown in
the approved plans and specifications. This low density area and conveyances must be
provided and maintained at the design condition.
b. PIPING. Other than the piping shown on the approved plans, only minimal amounts of
piping under driveways and roads is allowed within the low density area when it cannot be
avoided. No additional piping is allowed.
c. DISPERSED FLOW. The low density area has maximized dispersed flow of stormwater
runoff through vegetated areas and minimized the channelization of flow.
d. VEGETATED CONVEYANCES. Stormwater runoff that could not be released as dispersed
flow may be transported by vegetated conveyances with minimum side slopes of 3:1 (H:V)
designed to not erode during the peak flow from the 10-year storm event as defined in the
stormwater rules and approved by the Division.
5. STORMWATER OUTLETS. The peak flow from the 10-year storm event shall not cause
erosion downslope of the discharge point.
6. 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.
Page 2 of 8
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, such as in the low density area (including roof drains), must be released at the
edge of the vegetated setback and allowed to flow through the setback as dispersed flow.
7. 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.
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. Recorded deed restrictions and protective covenants must include, at a minimum,
the following statements related to stormwater management:
i. The following covenants are intended to ensure ongoing compliance with
Stormwater Management Permit Number SW6220101, 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 4,000 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. Within the low density area, filling in, piping or altering any vegetated conveyances
(ditches, swales, etc.) associated with the development, except for average
driveway crossings, is prohibited by any persons.
X. A 30-foot wide vegetative setback (previously referred to as a buffer) must be
provided and maintained adjacent to all surface waters in accordance with 15A
NCAC 02H.1003(4) and the approved plans.
Page 3 of 8
xi. Within the low density area, all roof drains shall be released no closer than at the
edge of the 30-foot wide vegetated setback and allowed to flow through the setback
as dispersed flow. At no time shall stormwater runoff be piped into or through the
setback.
xii. Any individual or entity found to be in noncompliance with the provisions of a
stormwater management permit or the requirements of the stormwater rules is
subject to enforcement procedures as set forth in NCGS 143, Article 21.
e. DEEDS FOR INDIVIDUAL LOTS. As the property owner, Woodshire Partners, LLC, 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.
8. 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.
c. FINAL GRADING. The vegetated areas and vegetated conveyances located within the low
density area shall be entirely constructed and vegetated. Once the final grading is completed
and the site is stabilized, the permittee shall provide and perform the operation and
maintenance as outlined in the applicable section below.
Page 4 of 8
9. MODIFICATIONS. No person or entity, including the permittee, shall alter any component
shown in the approved plans and specifications, except for minimum driveway crossings. Prior
to the construction of any modification to the approved plans, the permittee shall submit to the
Director, and shall have received approval for modified plans, specifications, and calculations
including, but not limited to, those listed below. For changes to the project or SCM that impact
the certifications, a new or updated certification(s), as applicable, will be required and a copy
must be submitted to the appropriate DEQ regional office upon completion of the modification.
a. Any modification to the approved plans and specifications, regardless of size including the
SCM(s), BUA, details, etc.
b. Redesign or addition to the approved amount of BUA or to the drainage area.
c. Further development, subdivision, acquisition, lease or sale of any, all or part of the project
and/or property area as reported in the approved plans and specifications.
d. Altering, modifying, removing, relocating, redirecting, regrading, or resizing of any
component of the approved SCM(s), stormwater collection system and/or vegetative
conveyance shown on the approved plan, except for minimum driveway crossings.
e.
f. The construction of any allocated future BUA.
g. 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.
h. 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.
i. Other modifications as determined by the Director.
10. 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.
11. OPERATION AND MAINTENANCE. The permittee shall provide and perform the operation and
maintenance necessary, as listed in the signed operation and maintenance agreement(s), to
assure that all components of the permitted on-site stormwater system are maintained at the
approved design condition. The approved operation and maintenance agreement must be
followed in its entirety and maintenance must occur at the scheduled intervals.
a. CORRECTIVE ACTIONS REQUIRED. If the facilities fail to perform satisfactorily or in the
event that the low density area fails to meet the requirements of low density, the permittee
shall take immediate corrective actions. This includes actions required by the Division and
the stormwater rules such as the construction of additional or replacement on-site
stormwater systems. These additional or replacement measures shall receive a permit from
the Division prior to construction.
Page 5 of 8
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.
12. 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).
13. 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.
14. 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, Caviness Land
Development, Inc. ("Developer") and Woodshire Partners, LLC ("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, 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);
c. 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.
15. 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 6 of 8
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.
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, supplements, 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.
i. OTHER PERMITS. The issuance of this permit does not preclude the permittee from
obtaining and complying with any and all other permits or approvals that are required for this
development to take place, as required by any statutes, rules, regulations, or ordinances,
which are imposed by any other Local, State or Federal government agency having
jurisdiction. Any activities undertaken at this site that cause a water quality violation or
undertaken prior to receipt of the necessary permits or approvals to do so are considered
violations of NCGS 143-215.1, and subject to enforcement procedures pursuant to NCGS
143-215.6.
Page 7 of 8
Permit modified, updated, and re-issued this the 8t" day of February 2024.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Oziq&a Q gacd 4 7aa&
T�Brian Wrenn, Director
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Permit Number SW6220101
Page 8 of 8
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
• 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
AS-BUILT PERMITTEE CERTIFICATION
I hereby state that I am the current permittee for the project named above, and I certify by my
signature below, that the project meets the below listed Final Submittal Requirements found in NCAC
02H.1042(4) and the terms, conditions and provisions listed in the permit documents, plans and
specifications on file with or provided to the Division.
Check here if this is a partial certification. Section/phase/SCM #?
Check here if this is part of a Fast Track As-built Package Submittal.
Printed
Name Signature
I, a Notary Public in the State of
County of do hereby certify that
personally appeared before me this day of , 20
and acknowledge the due execution of this as-built certification. (SEAL)
Witness my hand and official seal
My commission expires
Permittee's Certification NCAC .1042(4) Completed/ N/A
Provided
A. DEED RESTRICTIONS/ BUA RECORDS
1. The deed restrictions and protective covenants have been recorded Y or N
and contain the necessary language to ensure that the project is
maintained consistent with the stormwater regulations and with the
permit conditions.
2. A copy of the recorded deed restrictions and protective covenants Y or N
has been provided to the Division.
3. Records which track the BUA on each lot are being kept. (See Note Y or N
1
B. MAINTENANCE ACCESS
1. The SCMs are accessible for inspection, maintenance and repair. Y or N
2. The access is a minimum of 10 feet wide. Y or N
3. The access extends to the nearest public right-of-way. Y or N
C. EASEMENTS
1. The SCMs and the components of the runoff collection /conveyance Y or N
system are located in recorded drainage easements.
2. A copy of the recorded plats is provided. Y or N
D. SINGLE FAMILY RESIDENTIAL LOTS - Plats for residential lots that Y or N
have an SCM include the following:
1. The specific location of the SCM on the lot. Y or N
2. A typical detail for the SCM. Y or N
3. A note that the SCM is required to meet stormwater regulations and
that the lot owner is subject to enforcement action as set forth in Y or N
NCGS 143 Article 21 if the SCM is removed, relocated or altered
without prior approval.
E. OPERATION AND MAINTENANCE AGREEMENT Y or N
1. The O&M Agreement is referenced on the final recorded plat. Y or N
2. The O&M Agreement is recorded with the Register of Deeds and Y or N
appears in the chain of title.
F. OPERATION AND MAINTENANCE PLAN — maintenance records are
being kept in a known set location for each SCM and are available for Y or N
review.
Completed/ N/A
Provided
Page 1 of 8
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 2 of 8
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:
D 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 (I N/A = not applicable to this SCM or project.
Consultant's Certification NCAC .1003((3) & General MDC OAs-built ON/E OO N/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 3 of 8
OAs-built ON/E (I N/A
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.
C. STORMWATER OUTLETS —the outlet handles the peak Y or N
flow from the 10 year storm with no downslope erosion.
D. VARIATIONS
1. A variation (alternative) from the stormwater rule Y or N
provisions has been implemented.
2. The variation provides equal or better stormwater control Y or N
and equal or better protection of surface waters.
E. COMPLIANCE WITH OTHER REGULATORY PROGRAMS Y or N
has been met.
F. SIZING -the volume of the SCM takes the runoff from all
surfaces into account and is sufficient to handle the required Y or N
storm depth.
G. CONTAMINATED SOILS — infiltrating SCM's are not Y or N
located in or on areas with contaminated soils.
H. SIDE SLOPES
1. Vegetated side slopes are no steeper than 3H:1 V. Y or N
2. Side slopes include retaining walls, gabion walls, or Y or N
other surfaces that are steeper than 3H:1 V.
3. Vegetated side slopes are steeper than 3H:1V (provide Y or N
supporting documents for soils and vegetation).
I. EROSION PROTECTION
1. The inlets do not cause erosion in the SCM. Y or N
2. The outlet does not cause erosion downslope of the Y or N
discharge point during the peak flow from the 10 year
storm.
J. EXCESS FLOWS —An overflow/ bypass has been Y or N
provided.
K. DEWATERING —A method to drawdown standing water has Y or N
been provided to facilitate maintenance and inspection.
L. CLEANOUT AFTER CONSTRUCTION —the SCM has been Y or N
cleaned out and converted to its approved design state.
M. MAINTENANCE ACCESS
1. The SCM is accessible for maintenance and repair. Y or N
2. The access does not include lateral or incline slopes Y or N
>3:1.
N. DESIGNER QUALIFICATIONS (FAST-TRACK PERMIT) —
The designer is licensed under Chapters 89A, 89C, 89E, or Y or N
89F of the General Statutes.
Provide an explanation for every MDC that was not met, and for every item marked "N/A" or"WE",
below. Attach additional pages as needed:
Page 4 of 8
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
OO N/E = not evaluated (provide explanation on page 2) (I N/A = not applicable to this project or SCM.
This Certification must be completed in conjunction with the General MDC certification under NCAC 02H.1050
Consultant's Certification (MDC .1053) OAs-built OO N/E OO N/A
A. Forebay/ Depths / Fountain
1. The available Sediment storage is consistent with the Y or N
approved plan and is a minimum of 6 in.
2. Water flow over the forebay berm into the main pond Y or N
occurs at a non-erosive velocity.
3. The provided Forebay Volume is 15%-20% of the main Y or N
pool volume.
4. The Forebay entrance elevation is deeper than the exit Y or N
elevation into the pond.
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 or N
approved plans and is a minimum of 6 feet.
2. The slope of the Vegetated Shelf is consistent with the Y or N
approved plans and is no steeper than 6:1.
C. As-built Main Pool /Areas /Volumes / Elevations
1. The permanent pool surface area provided is consistent Y or N
with the permitted value.
2. The Temporary Pool Volume provided is consistent with Y or N
the permitted value.
3. The permanent pool elevation is consistent with the Y or N
permitted value.
Page 5 of 8
OAs-built OO N/E OO N/A
4. The temporary pool elevation is consistent with the Y or N
permitted value.
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 or N
value.
3. A trash rack is provided on the outlet structure. Y or N
4. Hydrologic impacts to the receiving channel are minimized Y or N
from the 1 yr 24 hr storm discharge?
5. The inlets and the outlet location are situated per the Y or N
approved plan and avoid short-circuiting.
E. Vegetation
1. The vegetated shelf has been planted with a minimum of 3 Y or N
diverse species.
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 6 of 8
AS-BUILT DESIGNER'S CERTIFICATION FOR LOW DENSITY PROJECTS
I hereby state that I am a licensed professional and I certify by my signature and seal below, that I have
observed the construction of the project named above to the best of my abilities with all due care and diligence,
and that the project meets all of the MDC found in 15A NCAC 02H.1003, in accordance with the permit
documents, plans and specifications on file with or provided to the Division, except as noted on the "AS-BUILT"
drawings, such that the intent of the stormwater rules and the general statutes has been preserved.
❑ Check here if this is a partial certification. Section or phase
❑ Check here if this is part of a Fast-Track As-Built Package Submittal per 15A NCAC 02H .1044(3).
❑ Check here if the Designer did not observe the construction but is certifying the project.
❑ Check here if pictures of the project are provided.
Printed Name Signature
NC Registration Number Date
SEAL: Consultant's Mailing Address:
City: State: Zip:
Phone:)
Consultant's Email address:
iD Circle N if the as-built value differs from the Plan/permit. If N is circled, provide an explanation on page 3.
OO 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 OO N/A
1. The project has areas of high density based on natural drainage Y or N
area boundaries, variations in land use or construction phasing.
2. The project's built-upon area does not exceed the maximum limit Y or N
specified in the permit.
Dispersed Flow OAs-built OO N/E (I N/A
1. The project maximizes dispersed flow through vegetated areas Y or N
and minimizes channelized flow.
Vegetated Conveyances OAs-built OO N/E (I N/A
1. Stormwater that is not released as dispersed flow is transported Y or N
by vegetated conveyances.
2. The project has a minimal amount of non-vegetated conveyances Y or N
to reduce erosion.
3. Other than minimal piping under driveways and roads, no piping Y or N
has been added beyond what is shown on the approved plans.
4. Side slopes are no steeper than 3H:1 V. Y or N
5. The conveyance does not erode in response to the peak flow from Y or N
the 10- ear storm.
Curb outlets stems if applicable) (DAs-built OO N/E OO N/A
1. The swale or vegetated area can carry the peak flow from the Y or N
10- ear storm at a non-erosive velocity.
2. The longitudinal slope of the swale or vegetated areas does not Y or N
exceed 5%.
3. The swale has a trapezoidal cross-section and a minimum bottom Y or N
width of two feet.
4. The minimum length of the swale or vegetated area is 100 feet. Y or N
5. Side slopes are no steeper than 3H:1 V. Y or N
Page 7 of 8
6. The project utilizes treatment swales designed per Section .1061 Y or N
in lieu of the curb outlets stem requirements.
Vegetated Setbacks if applicable OAs-built OO N/E (I 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 or N
located in the setback.
5. BUA that does NOT meet the requirements of NCGS 143-
214.7(b2)(2) is located within the setback and is limited to:
• Publicly-funded linear projects (road, greenway, or sidewalk) Y or N
• Water dependent structures
• Minimal footprint uses such as poles, signs, utility
appurtenances, and security lights.
6. The amount of BUA within the setback is minimized, and Y or N
channeling of the runoff from the BUA has been avoided.
7. Stormwater is not discharged (via swale or pipe)through a
vegetated setback. Stormwater is released at the edge of the Y or N
setback and allowed to flow through the setback as dispersed flow.
OutletsOAs-built OO N/E (I N/A
1. Stormwater outlets do not cause erosion downslope of the Y or N
discharge point during the peak flow from the 10- ear storm.
VariationsOAs-built OO N/E (I N/A
1. The project has variations from the MDC that were not previously Y or N
approved. Modification may be required.
Deed restrictions if applicable OAs-built OO N/E (I N/A
1. Deed restrictions are recorded and ensure that the project and
the BUA will be maintained in perpetuity consistent with the Y or N
permit, approved plans, and specifications.
For Subdivisions Only Residential or Commercial OAs-built OO N/E (I 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 Y or N
Ian.
4. The width/ radius of streets, paved accesses, cul-de-sacs and Y or N
sidewalks is consistent with the approved plan.
5. No piping, other than those minimum amounts needed under a Y or N
driveway or under a road, has been added.
6. The lot grading, road grading, vegetated conveyances, piping, Y or N
inverts, and elevations are consistent with the approved plans.
Provide an explanation below for every MDC that was not met, and for every item marked "N/A" or
"N/E." Attach additional pages as needed.
Page 8 of 8