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Sediment and Erosion Surety
Overview
The Sediment and Erosion (S&E) Surety process applies when a developer requests to receive a permit for land disturbing for a site either through a Mass Grading Permit, Building Permit, or a Site Permit. The purpose of the surety is to protect downstream property owners from erosion in the event work stops on the site and the applicant is no longer able to maintain Erosion Control measures. The surety will cover permanent stabilization for the disturbed area permitted.
Surety Goals
- Help protect downstream properties from erosion.
- Keep pollution, like sediment/dirt, out of the stormwater system.
Additional Information
If 12,000 square feet or more of land disturbance is proposed, a stabilization surety is required for the total disturbed acreage as identified on the submitted plans.
The surety will ensure that stabilization is achieved throughout the disturbed areas in the event you are unable to complete tasks required to account for land disturbances.
Step One: Submit FRO Form
Prior to land disturbance permit issuance, an original signed Financial Responsibility/Ownership (FRO) Form needs to be mailed or dropped off at the following address:
Raleigh Stormwater Management Division, ATTN: Jennipher S. Lubik
One Exchange Plaza Suite 706, Raleigh, NC 27601
Step Two: DocuSign and Surety Payment
Complete the Sediment and Erosion Draft Form before starting DocuSign process to ensure all surety information is accurate.
DocuSign is used for the Sediment and Erosion Surety format. View an example of the Sediment and Erosion Instructions and Agreement that will be forwarded with developer's information.
All documents requested can be uploaded into the DocuSign form.
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Cost and Payment |
Additional Documentation |
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Based on the amount of land disturbed ($1,000 per acre) Example: If you're disturbing .50 acres, you will owe $500 for the surety. The City of Raleigh accepts surety payments in the forms of:
A letter of credit or performance bond should be for a minimum term of two years, plus one two-year renewal if needed. |
Supporting documents pertinent to your case:
Supporting documents pertinent to commercial cases:
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If a Cashier’s Check is being used, payment is required before the DocuSign agreement can be emailed. Once payment is received, the developer's email and attester's information is needed. After all information and payment is submitted, the developer and attester will receive the DocuSign envelope.
Step Three: Certificate of Completion
To have the Sediment and Erosion Surety returned upon project completion and site stabilization, the developer must provide a Certificate of Completion to Jennipher S. Lubik.
Private Stormwater Device Surety
Overview
The Private Stormwater Device (SWD) Surety applies when a developer is installing a stormwater control device for water collection (wet pond, level spreader, holding tank, etc.) to receive a site review permit for a site. The purpose of the surety is to protect future homeowners and businesses in the event a developer does not complete the stormwater devices and guarantees that the City will have the resources to complete the devices if necessary.
Additional Information
Private Stormwater Device Sureties equal to 125% (percent) of the cost of construction for a post-construction stormwater control measure are required before a permit from the City is issued. The surety will ensure that stormwater control measures are installed and functioning in the event you are unable to complete tasks required to account for land disturbances.
The Private Stormwater Device Surety requires an As-Built Acceptance approval before being released. However, if the amount of impervious surfaces for the bonded area exceeds 15% (percent), the City may cash the surety.
A Developer can be their own Contractor on Projects with a cost less than $30,000.00.
Step One: DocuSign and Surety Payment
Complete the Private Stormwater Device Draft Form before starting DocuSign process to ensure all surety information is accurate.
The SWD Operations and Maintenance Manual must be reviewed and approved by a Stormwater Engineer.
DocuSign is used for the Sediment and Erosion Surety format. View an example of the Private Stormwater Control Measures Surety Instructions and Agreement that will be forwarded with developer's information.
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Cost |
Additional Documentation |
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Based on the overall cost of installing the device. When you submit this surety, you will provide two payments based on the amounts provided by City plan reviewers. Payment - Private Stormwater Device Operating & Maintenance Manual The City of Raleigh accepts surety payments in the forms of:
A letter of credit or performance bond should be for a minimum term of two years, plus one two-year renewal if needed. |
Supporting documents pertinent to your case:
Supporting documents pertinent to commercial cases:
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If a Cashier’s Check is being used, payment is required before the DocuSign agreement can be emailed. Once payment is received, the developer's email and attester's information is needed. After all information and payment is submitted, the developer and attester will receive the DocuSign envelope.
Step Two: As-Built Acceptance
To have the Private Stormwater Device Surety returned upon project completion, the developer must provide an As-Built Acceptance for all required Stormwater Devices to Jennipher S. Lubik.
What to Prepare Before DocuSign
Here’s what you’ll need before you complete your surety agreement with us:
- Transaction number (i.e., Mass-###-202_ or SPR-###-202_or LDG-######-202_ or BLDR-######-202_)
- The listed owner(s) or the deed for the property. Please list everyone who is on the deed.
(The Developer is the person, or persons or company listed on the deed. Please list all parties noted on the deed. Make certain to list their names as it appears on the deed.) - Leased Properties: You'll need a recorded lease agreement, surety agreement, and Wake County Recorded Lease Memorandum.
(Leased Properties will need to have a Wake County recorded Memorandum of Lease or Ground Lease to submit with their Surety Agreement.) - Properties Changing Ownership: You’ll need a recorded deed with the developer’s name a purchase agreement if the property is under new or changing ownership.
All documents are required to have information collected from:
Signature Requirements
All signers require legal proof of their signing authority as:
- For LLC's: the manager or managing member per NCSOS All LLCs are managed by their managers pursuant to N.C.G.S 57D-3-20
- For Corporate: position and title with proof of signing authority.
- Individual acknowledgement for landowners without a listed LLC, INC, or Limited Partnership.
- Partnerships: Partnership Agreements with proof of signing by the general partner
- Tiered signature listing ALL companies connected to the final signing general partner
