Watershed FAQ

What does “Post-Construction Stormwater” mean?

“Post-construction” refers to permanent stormwater management measures that will stay in place once the project is built—not just during construction.  The Town of Kernersville (TOK) Watershed/Stormwater Permit Process permits built-upon area (impervious surfaces) resulting from development projects.  Permitting involves review and approval of any engineered stormwater best management practices (BMPs) or storm control measures (SCMs).

What is a BMP or SCM?

A structural or nonstructural management-based practice used singularly or in combination to reduce nonpoint source pollution to receiving waters in order to achieve water quality protection goals. But normally, for engineering purpose it makes reference to structural devices that require engineering design and engineered construction, like wet Detention Ponds, Bio-retention Areas, Sand Filters, Stormwater Wetlands, Permeable Pavement, Infiltration Systems, etc.

Do new public streets internal to a new development require treatment?

Yes, streets built during construction of a new development shall be considered part of the new impervious area on sites and is subject to TOK Watershed/Stormwater regulations.

What is a High Density Project?

Any project that exceeds the Low-Density Development Standards or Regulations for Low Density Projects according with the TOK UDO, Chapter C, Articles III and IV.

What is an Existing or “Grandfathered” Development?

Those projects that, as of July 1, 1993, have been built or for which there has been obtained preliminary approval for residentially developed subdivisions, or those projects that have been established as having a vested right under North Carolina zoning law as of the effective date of the TOK UDO Chapter C Articles III, Watershed Protection. Or, those projects that are built in a non-water supply watershed that, at a minimum, for which a vested right has been established under North Carolina zoning law as of the effective date of the TOK UDO Chapter C Articles IV, Storm Water Runoff.

What is Special Intensive Development Allocation (SIDA)?

It is the right granted by The Board of Aldermen, which permit the development, on a project by project basis, of ten percent (10%) of the WS-III watershed land area (outside the critical area) within the Kernersville Planning jurisdiction up to a maximum of seventy (70%) impervious coverage.

What is a 404 permit?

“404” refers to Section 404 of the Clean Water Act. The U.S. Army Corps of Engineers (USACE) is the federal agency responsible for issuing 404 Permits; these permits are required for the discharge of fill material into streams, wetlands and open waters.

What is a 401 WQC?

“401” refers to Section 401 of the Clean Water Act. The North Carolina Division of Water Resources (DWR) is the state agency responsible for issuing 401 water quality certifications (WQC). When the state issues a 401 certification (which is required for any federally permitted or licensed activity that may result in a discharge to waters of the U.S.), this certifies that a given project will not degrade Waters of the State or violate State water quality.

When do I need a 401 WQC?

A 401 WQC is required for any federally permitted or licensed activity that may result in a discharge to waters of the U.S. Typically, if the USACE determines that a 404 Permit or Section 10 Permit is required because your proposed project involves impacts to wetlands or waters, then a 401 WQC is also required.

What is a riparian buffer?

A riparian buffer is a vegetated area bordering a body of water, such as a stream, lake or pond.

Are stream buffers required in low density projects?

Yes, the stream buffers is 30 feet landward of all perennial and intermittent surface waters. If the project is located within any regulated buffer are (Jordan, Randleman or Lower Abbott’s Creek Sewer Service Area), a 50 feet stream buffers will apply.

What is diffuse flow?

Diffuse flow refers to overland water flow that is spread out over the landscape, rather than concentrated in a defined channel or pipe.

What is a Stormwater Performance Surety?

A guarantee against loss or damage from one’s failure to perform and a physical or financial guarantee for the fulfillment of an obligation (assuring construction, continued maintenance, repairs, or reconstruction necessary for adequate completion and continued maintenance of any storm water control structure(s)).  Performance Sureties may be in the form of Standby Letters of Credit, Performance Bonds, and Cash.