Loading...
HomeMy WebLinkAboutSW5210701_Final Permit_20210903ROY COOPER Governor ELIZABETH S. BISER Secretary BRIAN WRENN Director NORTH CAROLINA Environmental Quality September 3, 2021 Little Bear Creek Properties, LLC Attn: David Geiger, Owner 755 Ranch Road Clayton, NC 27520 Subject: State Stormwater Management Permit No. SW5210701 Beaver Creek Subdivision, Phase 2 & 3 Low Density Subdivision Project Nash County Dear Mr. Geiger: The Central DEQ Office received a complete State Stormwater Management Permit Application for the subject project on August 18, 2021. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000 effective January 1, 2017. We are forwarding Permit No. SW5210701 dated September 3, 2021, for the construction, operation and maintenance of the stormwater control measures (SCMs), built -upon areas, as well as the stormwater collection system and/or vegetated conveyance system associated with the subject project. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein and does not supersede any other agency permit that may be required. Please pay special attention to the permit conditions regarding the limitation of built -upon area, modification of the project, the operation and maintenance of the vegetated conveyance system, and the procedures for changing ownership of and/or transferring the permit. Please also pay attention to the permit conditions that requires the recordation of deed restrictions and protective covenants, easements, and the maintenance agreement, which must all be provided along with certification upon completion of the project. Failure to comply with these requirements will result in future compliance problems. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing by filing a written petition with the Office of Administrative Hearings (OAH). The written petition must conform to Chapter 150B of the North Carolina General Statutes and must be filed with the OAH within thirty (30) days of receipt of this permit. You should contact the OAH with all questions regarding the filing fee (if a filing fee is required) and/or the details of the filing process at 6714 Mail Service Center, Raleigh, NC 27699-6714, or via telephone at 919-431-3000, or visit their website at www.NCOAH.com. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact Corey Anen in the Central DEQ Office, at (910) 707-3649. Sincerely, Brian Wrenn, Director Division of Energy, Mineral and Land Resources cc: Stephen J. Ballentine, PE — Rivers & Associates, Inc. Raleigh Regional Office Storrawater File North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources 512 North Salisbury Street 1 1612 Mail Service Center I Raleigh, North Carolina 27699-1612 NORTH CAROLINA Uepat nt of enmmnmenmi (J.J; 919.707.9200 State Stormwater Management Permit No. SW5210701 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RESOURCES STATE STORMWATER MANAGEMENT PERMIT LOW DENSITY SUBDIVISION DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Little Bear Creek Properties, LLC Beaver Creek Subdivision, Phase 2 & 3 Claude Lewis Road, Middlesex, Nash County FOR THE construction, operation and maintenance of a 24% low density subdivision project in compliance with the provisions of Title 15A NCAC 2H .1000 effective January 1, 2017 (the "stormwater rules") and the approved stormwater management plans, application, supplement(s), specifications, and other supporting data (the "approved plans and specifications") as attached and/or on file with and approved by the Division of Energy, Mineral and Land Resources (the "Division" or "DEMLR") and considered an enforceable part of this permit. This permit shall be effective from the date of issuance until rescinded and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS 1. This permit is effective only with respect to the management of stormwater described in the approved plans and specifications. The overall percent of built -upon area (BUA) permitted for the project must not exceed 24% per the requirements of the stormwater rules. This permit covers the construction of a total of 378,168 square feet of BUA, which includes 329,370 square feet of proposed BUA and 46,506 square feet of future BUA allocation. 2. Each of the 32 lots are limited to a maximum of 8,000 square feet of built -upon area, as indicated in the approved plans and specifications. 3. A 30-foot wide vegetative setback must be provided and maintained adjacent to all surface waters, measured horizontally from the normal pool elevation of impounded structures, from the top of bank of each side of streams or rivers, and from the mean high waterline of tidal waters, perpendicular to the shoreline in accordance with the stormwater rules and the approved plans and specifications. All stormwater runoff, including roof drains, shall be released as dispersed flow no closer than at the edge of the vegetated setback. At no time shall stormwater runoff be piped into or through the setback. BUA may not be added to the vegetated setback except as shown on the approved plans or in the following instances where the BUA has been minimized and channelizing runoff from the BUA is avoided: a. Water dependent structures; and b. Minimal footprint uses such as poles, signs, utility appurtenances, and security lights that cannot practically be located elsewhere. Page 1 of 6 State Stormwater Management Permit No. SW5210701 4. This project has maximized dispersed flow of stormwater runoff through vegetated areas and minimized the channelization of flow. Stormwater runoff that could not be released as dispersed flow may be transported by vegetated conveyances with minimum side slopes of 3:1 (H:V) designed to not erode during the peak flow from the 10-year storm event. 5. No piping shall be allowed except those minimum amounts necessary to direct stormwater runoff beneath a BUA such as a road or driveway when it cannot be avoided. 6. The peak flow from the 10-year storm event shall not cause erosion downslope of the stormwater outlet discharge point. II. SCHEDULE OF COMPLIANCE The project shall be constructed, operated and maintained in accordance with the conditions of this permit and the approved plans and specifications. 2. Vegetated areas and vegetated conveyances shall be entirely constructed, vegetated, and operational prior to the construction of any individual lot development, per the approved plans and specifications. 3. During construction, erosion shall be kept to a minimum and any eroded areas of the on -site stormwater system will be repaired immediately. 4. All vegetated conveyance systems, stormwater collection systems, and/or maintenance accesses must be located in public rights -of -way, dedicated common areas that extend to the nearest public right-of-way, and/or permanent recorded easements that extend to the nearest public right-of-way for the purpose of inspection, operation, maintenance, and repair. 5. The permittee shall provide and perform the operation and maintenance necessary, as listed in the signed Operation and Maintenance Agreement titled Swale System Maintenance Requirements, a part of the Low Density Supplement, to assure that the permitted and vegetated conveyance system functions at the approved design condition. The approved Operation and Maintenance Agreement is incorporated by reference into this permit and must be followed in its entirety and maintenance must occur at the scheduled intervals. 6. The operation and maintenance agreement must be recorded with the Office of the Register of Deeds. 7. Records of maintenance activities must be kept and made available upon request to authorized personnel of the Division. The records will indicate the date, activity, name of person performing the work and what actions were taken. 8. The final plats for the project must be recorded with the Office of the Register of Deeds prior to the sale of lots. The recorded plat must reference the Operation and Maintenance Agreement and must also show all public rights -of -way, dedicated common areas, and/or permanent drainage easements, in accordance with the approved plans. 9. Recorded deed restrictions and protective covenants must be recorded with the Office of the Register of Deeds, will be incorporated into this permit by reference, and include, at a minimum, the following statements related to stormwater management: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW5210701, as issued by the Division of Energy, Mineral and Land Resources under NCAC 2H.1000. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. c. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the Division. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division. f. The maximum built -upon area per lot is 8,000 square feet. This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the Page 2 of 6 State Stormwater Management Permit No. SW5210701 right-of-way between the front lot line and the edge of the pavement. Built upon area has the same meaning as G.S. 143-214.7, as amended. g. Built -upon area in excess of the permitted amount will require a permit modification to ensure compliance with the permit and stormwater rules. h. 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. i. A 50-foot wide vegetative setback must be provided and maintained adjacent to all surface waters, measured horizontally from the normal pool elevation of impounded structures, from the top of bank of each side of streams or rivers, and from the mean high waterline of tidal waters, perpendicular to the shoreline. j. All roof drains shall be released as dispersed flow no closer than at the edge of the 50-foot vegetated setback. At no time shall stormwater runoff be piped into or through the setback. k. 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. 10. For the entire project, the deed restrictions and protective covenants outlined in Section 11. 9 of this permit must be recorded with the Office of the Register of Deeds prior to the sale of individual lots or groups of lots. 11. For each lot, 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 permittee shall incorporate specific restrictions and conditions into a facility management plan or another legal instrument in lieu of deed restrictions and protective covenants. 12. The maximum built -upon area 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. 13. The permittee shall review each lot for new construction and all subsequent modifications and additions to ensure compliance with the conditions of the permit and the approved plans and specifications. The plans reviewed must include all proposed built -upon area, grading, and driveway pipe placement. The permittee shall not approve any lot plans where the maximum allowed built -upon area has been exceeded, or where modifications to the grading or to the storm drainage system are proposed unless and until a permit modification has been approved by the Division. The permittee may establish an Architectural Review Board (ARB) or Committee (ARC) to conduct these reviews. However, any approval given by the ARB or ARC on behalf of the permittee does not relieve the permittee of the responsibility to maintain compliance with the conditions of the permit and the approved plans and specifications. 14. The permittee is responsible for verifying that the proposed built -upon area on each individual lot and for the entire project does not exceed the maximum amount allowed by this permit. The permittee shall routinely monitor the lots for compliance with 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 3 of 6 State Stormwater Management Permit No. SW5210701 15. Upon completion of the project, the permittee shall determine whether or not the project is in compliance with the permitted plans and take the necessary following actions: a. If the permittee determines that the project is in compliance with the permitted plans, then within 45 days of completion, the permittee shall submit to the Division one hard copy and one electronic copy of the following: i. The completed and signed Designer's Certification provided in Attachment A noting any deviations from the approved plans and specifications. Deviations may require approval from the Division; ii. A copy of the recorded maintenance agreement; iii. Unless already provided, a copy of the recorded deed restrictions and protective covenants; and iv. A copy of the recorded plat delineating the public rights -of -way, dedicated common areas and/or permanent recorded easements, when applicable. b. If the permittee determines that the project is not in compliance with the permitted plans, the permittee shall submit an application to modify the permit within 30 days of completion of the project or provide a plan of action, with a timeline, to bring the site into compliance. 16. 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 stormwater control measures, built -upon area, details, etc. b. Redesign or addition to the approved amount of built -upon area. c. Further development, subdivision, acquisition, lease or sale of any, all or part of the project area as reported in the approved plans and specifications. d. Altering, modifying, removing, relocating, redirecting, regrading or resizing of any component of the approved stormwater control measure, stormwater collection system and/or vegetative conveyance system shown on the approved plan, except for minimum driveway crossings within the low density area. e. The construction of any allocated future BUA. f. Adding the option to use permeable pavement or #57 stone within the lots as a permeable surface. The request may require a proposed amendment to the deed restrictions and protective covenants for the subdivision to be submitted and recorded. g. The construction of any permeable pavement, #57 stone area, public trails, or landscaping material within the common areas to be considered a permeable surface that were not included in the approved plans and specifications. h. Other modifications as determined by the Director. 17. 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. 18. Prior to transfer of the permit, a file review and site inspection will be conducted by Division personnel to ensure the permit conditions have been met and that the project and the on -site stormwater system complies with the permit conditions. Any items not in compliance must be repaired, replaced restored, or resolved prior to the transfer. Records of maintenance activities performed to date may be requested. III. GENERAL CONDITIONS Any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the requirements of the stormwater rules is subject to enforcement procedures as set forth in NCGS 143 Article 21. 2. The issuance of this permit does not preclude the permittee from complying with and obtaining any other permits or approvals that are required for this development to take place, as required by any statutes, rules, regulations, or ordinances, which may be imposed by any other Local, Page 4 of 6 State Stormwater Management Permit No. SW5210701 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. 3. In the event that the project fails to meet the requirements of a low density project, the permittee shall take immediate corrective actions. This includes actions required by this Division and the stormwater rules such as the construction of an additional or replacement vegetated conveyance system and/or stormwater control measures. These additional or replacement measures shall receive a permit from the Division prior to construction. 4. Permit Transfer: This permit is not transferable to any person or entity except after notice to and approval by the Director. The permittee shall submit a completed and signed "Permit Transfer Application Form" (available on the Division website) accompanied by the required fee and supporting documentation as listed on the form, to the Division at least 60 days prior to any one or more of the following events: a. The sale or conveyance of the project area in whole or in part, except in the case of an individual lot sale that is made subject to the recorded deed restrictions and protective covenants; b. The assignment or conveyance of declarant rights to another individual or entity; c. 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); d. Dissolution of the partnership, corporate, or LLC entity, subject to NCGS 55-14-05 or NCGS 57D-6-07 and 08; e. Bankruptcy; f. Foreclosure, subject to the requirements of Session Law 2013-121; 5. Current Permittee Name or Address Changes: The permittee shall submit a completed "Permit Information Update Application Form" (available on the Division website) to the Division within 30 days to making any one or more of the following changes: a. A name change of the current permittee; b. A name change of the project; c. A mailing address change of the permittee; 6. The permittee is responsible for compliance with all terms and conditions of this permit until the Division approves the transfer request. Neither the sale of the project, in whole or in part, nor the conveyance of common area to a third party constitutes an approved transfer of the permit. 7. The permittee grants Division Staff permission to enter the property during normal business hours to inspect all components of the permitted project. 8. The permit issued shall continue in force and effect until the permittee files a request with the Division for a permit modification, transfer, or rescission; however, these actions do not stay any permit conditions. 9. Approved plans, application documents, supplements, calculations, operation and maintenance agreement, and specifications for this project are incorporated by reference and are enforceable parts of the permit. A copy of this permit, application, supplements, operation and maintenance agreement, and approved plans and specifications shall be maintained on file by the permittee. 10. Unless specified elsewhere, permanent seeding requirements for the on -site stormwater system must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 11. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit for cause as allowed by the laws, rules, and regulations contained in Title 15A NCAC 2H.1000 and NCGS 143-215.1 et.al. Permit issued this the 3rd day of September, 2021. Page 5 of 6 State Stormwater Management Permit No. SW5210701 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Brian Wrenn, Director Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Permit Number SW5210701 Page 6 of 6 State Stormwater Management Permit No. SW5210701 Attachment A Certification Forms The following blank Designer Certification forms are included and specific for this project: • As -Built Permittee Certification • As -Built Designer's Certification General MDC • As -Built Designer's Certification for Low Density Projects A separate certification is required for each SCM. These blank certification forms may be copied and used, as needed, for each SCM and/or as a partial certification to address a section or phase of the project. Page 1 of 1 State Stormwater Management Permit No. SW5210701 AS -BUILT PERMITTEE CERTIFICATION I hereby state that I am the current permittee for the project named above, and I certify by my signature below, that the project meets the below listed Final Submittal Requirements found in NCAC 02H.1042(4) and the terms, conditions and provisions listed in the permit documents, plans and specifications on file with or provided to the Division. H Check here if this is a partial certification. Section/phase/SCM #? Check here if this is part of a Fast Track As -built Package Submittal. Printed Name Signature I, , a Notary Public in the State of County of do hereby certify that personally appeared before me this day of 120 and acknowledge the due execution of this as -built certification. (SEAL) Witness my hand and official seal My commission expires Permittee's Certification NCAC .1042(4) Completed / Provided N/A A. DEED RESTRICTIONS / BUA RECORDS 1. The deed restrictions and protective covenants have been recorded and Y or N contain the necessary language to ensure that the project is maintained consistent with the stormwater regulations and with the permit conditions. 2. A copy of the recorded deed restrictions and protective covenants has been Y or N provided to the Division. 3. Records which track the BUA on each lot are being kept. (See Note 1) Y or N B. MAINTENANCE ACCESS 1. The SCMs are accessible for inspection, maintenance and repair. Y or N 2. The access is a minimum of 10 feet wide. Y or N 3. The access extends to the nearest public right-of-way. Y or N C. EASEMENTS 1. The SCMs and the components of the runoff collection / conveyance system Y or N are located in recorded drainage easements. 2. A copy of the recorded plat(s) is provided. Y or N D. SINGLE FAMILY RESIDENTIAL LOTS - Plats for residential lots that have an SCM include the following: Y or N 1. The specific location of the SCM on the lot. Y or N 2. A typical detail for the SCM. Y or N 3. A note that the SCM is required to meet stormwater regulations and that the lot owner is subject to enforcement action as set forth in NCGS 143 Article Y or N 21 if the SCM is removed, relocated or altered without prior approval. E. OPERATION AND MAINTENANCE AGREEMENT Y or N 1. The O&M Agreement is referenced on the final recorded plat. Y or N 2. The O&M Agreement is recorded with the Register of Deeds and appears in the chain of title. Y or N F. OPERATION AND MAINTENANCE PLAN — maintenance records are Y or N being kept in a known set location for each SCM and are available for review. G. DESIGNER'S CERTIFICATION FORM — has been provided to the Y or N Division. Note 1- Acceptable records include ARC approvals, as -built surveys, and county tax records. Page 1 of 9 State Stormwater Management Permit No. SW5210701 Provide an explanation for every requirement that was not met, and for every "N/A" below. Attach additional sheets as needed. Page 2 of 9 State Stormwater Management Permit No. SW5210701 AS -BUILT DESIGNER'S CERTIFICATION GENERAL MDC I hereby state that I am a licensed professional and I certify by my signature and seal below, that I have observed the construction of the project named above to the best of my abilities with all due care and diligence, and that the project meets the below listed General MDC found in NCAC 02H.1050 in accordance with the permit documents, plans and specifications on file with or provided to the Division, except as noted on the "AS - BUILT" drawings, such that the intent of the stormwater rules and statutes has been preserved. Check here if this is a partial certification. Section/phase/SCM #? Check here if this is a part of a Fast -Track As -Built Package Submittal per .1044(3). Check here if the designer did not observe the construction, but is certifying the project. Check here if pictures of the SCM are provided. Printed Name NC Registration Number SEAL: Signature Date Consultant's Mailing Address: City/State/ZIP Phone Number Consultant's Email address: O Circle N if the as -built value differs from the Plan. If N is circled, provide an explanation on Page 2. OO N/E = not evaluated (provide explanation on page 2) OO N/A = not applicable to this SCM or project. Consultant's Certification NCAC .1003((3) & General MDC .1050 OAs-built ON/E ON/A A. TREATMENT REQUIREMENTS 1. The SCM achieves runoff treatment. Y or N 2. The SCM achieves runoff volume match. Y or N 3. Runoff from offsite areas and/or existing BUA is bypassed. Y or N 4. Runoff from offsite areas and/or existing BUA is directed into Y or N the permitted SCM and is accounted for at the full build -out potential. 5. The project controls runoff through an offsite permitted SCM Y or N that meets the requirements of the MDC. 6. The net area of new BUA increase for an existing project has Y or N been accounted for at the appropriate design storm level. 7. The SCM(s) meets all the specific minimum design criteria. Y or N B. VEGETATED SETBACKS / BUA 1. The width of the vegetated setback has been measured from Y or N the normal pool of impounded waters, the MHW line of tidal waters, or the top of bank of each side of rivers or streams. 2. The vegetated setback is maintained in grass or other Y or N vegetation. 3. BUA that meets the requirements of NCGS 143-214.7 (b2)(2) Y or N is located in the setback. 4. BUA that does not meet the requirements of NCGS 143-214.7 Y or N (b2)(2) is located within the setback and is limited to: a. Publicly funded linear projects (road, greenway sidewalk) b. Water -dependent structures c. Minimal footprint uses (utility poles, signs, security lighting and appurtenances) 5. Stormwater that is not treated in an SCM is released at the Y or N edge of the setback and allowed to flow through the setback as dispersed flow. Page 3 of 9 State Stormwater Management Permit No. SW5210701 OAs-built ON/E ON/A C. STORMWATER OUTLETS — the outlet handles the peak flow Y N from the 10 year storm with no downslo e erosion. or D. VARIATIONS 1. A variation (alternative) from the stormwater rule provisions Y N has been implemented. or 2. The variation provides equal or better stormwater control and Y N equal or better protection of surface waters. or E. COMPLIANCE WITH OTHER REGULATORY Y N PROGRAMS has been met. or F. SIZING -the volume of the SCM takes the runoff from all surfaces into account and is sufficient to handle the required storm Y or N depth. G. CONTAMINATED SOILS — infiltrating SCM's are not located Y or N in or on areas with contaminated soils. H. SIDE SLOPES 1. Vegetated side slopes are no steeper than 3H:IV. Y or N 2. Side slopes include retaining walls, gabion walls, or other Y or N surfaces that are steeper than 3H:IV. 3. Vegetated side slopes are steeper than 3H:1 V (provide Y or N supporting documents for soils and vegetation). I. EROSION PROTECTION 1. The inlets do not cause erosion in the SCM. Y or N 2. The outlet does not cause erosion downslope of the discharge Y or N point during the peak flow from the 10 year storm. J. EXCESS FLOWS — An overflow / bypass has been provided. Y or N K. DEWATERING — A method to drawdown standing water has Y or N been provided to facilitate maintenance and inspection. L. CLEANOUT AFTER CONSTRUCTION — the SCM has been Y or N cleaned out and converted to its approved design state. M. MAINTENANCE ACCESS 1. The SCM is accessible for maintenance and repair. Y or N 2. The access does not include lateral or incline slopes >3:1. Y or N N. DESIGNER QUALIFICATIONS (FAST -TRACK PERMIT) — The designer is licensed under Chapters 89A, 89C, 89E, or 89F of Y or N the General Statutes. Provide an explanation for every MDC that was not met, and for every item marked "N/A" or "WE", below. Attach additional pages as needed: Page 4 of 9 State Stormwater Management Permit No. SW5210701 AS -BUILT DESIGNER'S CERTIFICATION FOR LOW DENSITY PROJECTS hereby state that I am a licensed professional and I certify by my signature and seal below, that I have observed the construction of the project named above to the best of my abilities with all due care and diligence, and that the project meets all of the MDC found in 15A NCAC 02H.1003, in accordance with the permit documents, plans and specifications on file with or provided to the Division, except as noted on the "AS -BUILT" drawings, such that the intent of the stormwater rules and the general statutes has been preserved. ❑ Check here if this is a partial certification. Section or phase ❑ Check here if this is part of a Fast -Track As -Built Package Submittal per 15A NCAC 02H .1044(3). ❑ Check here if the Designer did not observe the construction but is certifying the project. ❑ Check here if pictures of the project are provided. Printed Name Signature NC Registration Number, SEAL: Date Consultant's Mailing Address: City: State: Zip: Phone:) Consultant's Email address: O Circle N if the as -built value differs from the Plan/permit. If N is circled, provide an explanation on page 3. O N/E = Not Evaluated (provide explanation on page 2). OO N/A = Not Applicable to this project/plan. Consultant's Certification (MDC 15A NCAC 02H .1003) Project Density and Built -Upon AreaOAs-built OO N/E ON/A 1. The project has areas of high density based on natural drainage area boundaries, variations in land use or construction phasing. Y or N 2. The project's built -upon area does not exceed the maximum limit specified in the permit. Y or N Dispersed Flow OAs-built ON/E (IN/A 1. The project maximizes dispersed flow through vegetated areas and minimizes channelized flow. Y or N Page 5 of 9 State Stormwater Management Permit No. SW5210701 Vegetated ConveyancesOAs-built OO N/E 3 N/A 1. Stormwater that is not released as dispersed flow is transported Y N by vegetated conveyances. or 2. The project has a minimal amount of non -vegetated conveyances Y N to reduce erosion. or 3. Other than minimal piping under driveways and roads, no piping Y N has been added beyond what is shown on the approved plans. or 4. Side slopes are no steeper than 3H:1V. Y or N 5. The conveyance does not erode in response to the peak flow from Y N the 10-year storm. or Curb outlet systems (if applicable)OAs-built OO N/E 3 N/A 1. The swale or vegetated area can carry the peak flow from the Y N 10-year storm at a non -erosive velocity. or 2. The longitudinal slope of the swale or vegetated areas does not Y N exceed 5%. or 3. The swale has a trapezoidal cross-section and a minimum bottom Y N width of two feet. or 4. The minimum length of the swale or vegetated area is 100 feet. Y or N 5. Side slopes are no steeper than 3H:1V. Y or N 6. The project utilizes treatment swales designed per Section .1061 Y N in lieu of the curb outlet system requirements. or Vegetated Setbacks (if applicable) OAs-built OO N/E 3 N/A 1. The width of the vegetated setback is at least 50'. Y or N 2. The width of the vegetated setback has been measured from the normal pool of impounded waters, the MHW line of tidal waters, Y or N or the top of bank of each side of rivers or streams. 3. The vegetated setback is maintained in grass or other vegetation. Y or N 4. BUA that meets the requirements of NCGS 143-214.7(b2)(2) is Y N located in the setback. or 5. BUA that does NOT meet the requirements of NCGS 143- 214.7(b2)(2) is located within the setback and is limited to: a. Publicly -funded linear projects (road, greenway, or sidewalk) Y N b. Water dependent structures or c. Minimal footprint uses such as poles, signs, utility appurtenances, and security lights. 6. The amount of BUA within the setback is minimized, and Y N channeling of the runoff from the BUA has been avoided. or 7. Stormwater is not discharged (via swale or pipe) through a vegetated setback. Stormwater is released at the edge of the Y or N setback and allowed to flow through the setback as dispersed flow. Page 6 of 9 State Stormwater Management Permit No. SW5210701 OutletsOAs-built OO N/E 3 N/A 1. Stormwater outlets do not cause erosion downslope of the discharge point during the peak flow from the 10-year storm. Y or N VariationsOAs-built OO N/E 3 N/A 1. The project has variations from the MDC that were not previously approved. (Modification may be required.) Y or N Deed restrictions (if applicable)OAs-built OO N/E 3 N/A 1. Deed restrictions are recorded and ensure that the project and the BUA will be maintained in perpetuity consistent with the permit, approved plans, and specifications. Y or N For Subdivisions Only (Residential or Commercial) OAs-built OO N/E 3 N/A 1. The number of platted lots is consistent with the approved plans. Y or N 2. The project area is consistent with the approved plans. Y or N 3. The layout of the lots and streets is consistent with the approved plan. Y or N 4. The width / radius of streets, paved accesses, cul-de-sacs and sidewalks is consistent with the approved plan. Y or N 5. No piping, other than those minimum amounts needed under a driveway or under a road, has been added. Y or N 6. The lot grading, road grading, vegetated conveyances, piping, inverts, and elevations are consistent with the approved plans. Y or N Provide an explanation below for every MDC that was not met, and for every item marked "N/A" or "N/E." Attach additional pages as needed. Page 7 of 9 State Stormwater Management Permit No. SW5210701 AS -BUILT DESIGNER'S CERTIFICATION LEVEL SPREADER AND VEGETATED FILTER STRIPS 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 Level Spreader and Vegetated Filter Strip MDC found in NCAC 02H.1059 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: City/State/ZIP Phone Number Consultant's Email address: Consultant's Mailing 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) OO N/A = not applicable to this SCM or project. Consultant's Certification NCAC 02H.1059OAs-built ON/E OO N/A A. SIZING 4. The length of the Level Spreader is a minimum of 10 feet Y or N per 1 cfs. 5. The Level Spreader receives flow directly from the Y or N Drainage Area, and is sized based on the flowrate for a design storm of 0.75 inches per hour. 6. The Level Spreader receives flow from an SCM and is Y or N sized based on the drawdown rate of the design volume. 7. The Level Spreader has a flow bypass system for larger Y or N storm events. 8. The Level Spreader is sized to handle the 10 year storm Y or N flow and does not provide a flow bypass system. 9. The minimum width of the Vegetated Filter Strip is 30 Y or N feet measured perpendicular to the level lip. 10. A blind swale or other means of ponding water is Y or N provided u slo e of the Level Spreader. Page 8 of 9 State Stormwater Management Permit No. SW5210701 11. The blind swale provides for uniform overtopping into the Level Spreader. B. LEVEL SPREADER SPECIFICATIONS 4. The lip of the Level Spreader is at a uniform elevation Y or N and has a construction tolerance of ±0.25 inches at any point along its length. 5. The Level Spreader is constructed of concrete or other Y or N stable material. 6. The shape of the Level Spreader is straight or convex in Y or N plan view. Y or N 7. Downslope of the Level Spreader, there is a 1-3 inch Y or N drop followed by a Transition Zone at least 12 inches wide that is protected from erosion by aggregate or high performance turf reinforcement matting. C. FILTER STRIP SPECIFICATIONS 4. The filter strip does not contain any draws or channels. Y or N 5. The filter strip has been graded with a uniform transvers Y or N slope of eight percent or less. 6. The pH, compaction and other attributes of the first 12" of soil within the filter strip have been adjusted to promote plant establishment and growth. 7. The filter strip and side slopes have been planted with non -clumping deep-rooted grass sod. 8. During construction, the soil was stabilized with temporary measures until the permanent vegetation took root, or the runoff was directed elsewhere until the vegetation established. 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 9 of 9