SW6240701_Off-Site Permit_20241107

Post-Construction Stormwater Management
Permit No. SW6240701
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
POST-CONSTRUCTION STORMWATER MANAGEMENT PERMIT
HIGH DENSITY DEVELOPMENT
SERVED BY AN OFF-SITE STORMWATER SYSTEM
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
McDonald's USA, LLC AND
McDonald's Hoke Landing
4632 Fayetteville Road, Raeford, Hoke County
FOR THE
construction, management, operation and maintenance of built-upon area (BUA) draining to a
permitted off-site stormwater system as outlined in the application, approved stormwater
management plans, supplement, calculations, operation and maintenance agreement, recorded
documents, specifications, and other supporting data (the "approved plans and specifications") as
attached and/or on file with and approved by the Division of Energy, Mineral and Land Resources
(the "Division" or "DEMLR"). The project shall be constructed, operated and maintained in
accordance with these approved plans and specifications. The approved plans and specifications are
incorporated by reference and are 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This permit shall be effective from the date of issuance until rescinded and shall be subject to the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. 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 condition. The issuance of this permit does not prohibit the
Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating
the permit for cause as allowed by the laws, rules, and regulations contained in Title 15A NCAC
2H.1000 and NCGS 143-215.1 et.al.
1. MASTER PERMIT. Stormwater runoff from this site, Lot 3A, has been approved to be
discharged into and treated by the wet pond (the "off-site stormwater system", "off-site
stormwater control measure", or "SCM") operated and maintained by Hoke Landing 3, LLC, (the
"Master Permittee") under the terms and conditions set forth in the latest version of Stormwater
Management Permit No. SW6190901 (the "Master Permit") and as subsequently modified,
transferred, and renewed.
2. BUA REQUIREMENTS. The maximum amount of BUA approved for this project is 51,960
square feet. The runoff from all BUA within the permitted drainage area of this project must be
directed into the permitted SCM.
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Post-Construction Stormwater Management
Permit No. SW6240701
a. OFF-SITE SCM BUA LIMITS. The maximum amount of BUA allocated to this development
by the Offsite Master Permit is 51,960 square feet. This permit covers the construction of a
total of 51,960 square feet of BUA, which includes 14,294 square feet of future BUA
allocation.
3. 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.
4. OFF-SITE SCM REQUIREMENTS. This permit is issued contingent on the permitted off-site
SCM(s) being constructed, operated, certified and maintained in compliance with the latest
version of the Master Permit, and as it may be subsequently modified, transferred or renewed.
5. VEGETATED SETBACKS. A 30-foot wide vegetative setback must be provided and maintained
in grass or other vegetation adjacent to all surface waters as shown on the approved plans. The
setback is measured horizontally from the normal pool elevation of impounded structures, from
the top of bank of each side of streams or rivers, and from the mean high waterline of tidal
waters, perpendicular to the shoreline.
a. BUA IN THE VEGETATED SETBACK. BUA may not be added to the vegetated setback
except as shown on the approved plans.
b. RELEASE OF STORMWATER NOT TREATED IN A SCM. Stormwater that is not treated in
an SCM must be released at the edge of the vegetated setback and allowed to flow through
the setback as dispersed flow.
6. VEGETATED BUFFERS. A 30-foot wide vegetative buffer must be provided and maintained in
grass or other vegetation adjacent to all surface waters as shown on the approved plans. The
buffer is measured horizontally from the normal pool elevation of impounded structures, from the
top of bank of each side of streams or rivers, and from the mean high waterline of tidal waters,
perpendicular to the shoreline.
a. BUA IN THE VEGETATED BUFFER. BUA may not be added to the vegetated setback
except as shown on the approved plans
b. RELEASE OF STORMWATER NOT TREATED IN AN SCM. Stormwater that is not treated
in an SCM must be released at the edge of the vegetated setback and allowed to flow
through the setback as dispersed flow.
7. RECORDED DOCUMENT REQUIREMENTS. The stormwater rules require the following
documents to be recorded with the Office of the Register of Deeds:
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.
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Post-Construction Stormwater Management
Permit No. SW6240701
MASTER PERMIT DEED RESTRICTIONS AND PROTECTIVE COVENANTS. This permit
is issued contingent on the recordation of the restrictions and protective covenants, which
are required under the Master Permit, prior to the sale of this lot and must be maintained in
perpetuity. This project is subject to those deed restrictions and protective covenants which
have been recorded in Deed Book 1534 # at Page(s) 0191-0195 with the Hoke County
Register of Deeds.
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.
8. CONSTRUCTION. During construction, erosion shall be kept to a minimum and any eroded
areas of the project will be repaired immediately.
a. PROTECTION OF OFF-SITE SCM. During construction, all operation and maintenance for
the project shall follow the Erosion Control Plan requirements to protect the downstream off-
site SCM from sedimentation.
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, as approved in the Master Permit, 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.
9. MODIFICATIONS. No person or entity, including the permittee, shall alter any component
shown in the approved plans and specifications. Prior to the construction of any modification to
the approved plans, the permittee shall submit to the Director, and shall have received approval
for modified plans, specifications, and calculations including, but not limited to, those listed
below. For changes to the project or SCM that impact the certifications, a new or updated
certification(s), as applicable, will be required and a copy must be submitted to the appropriate
DEQ regional office upon completion of the modification.
a. Any modification to the approved plans and specifications, regardless of size including the
SCM(s), BUA, details, etc.
b. Redesign or addition to the approved amount of BUA or to the drainage area.
c. Further development, subdivision, acquisition, lease or sale of any, all or part of the project
and/or property area as reported in the approved plans and specifications.
d. Altering, modifying, removing, relocating, redirecting, regrading, or resizing of any
component of the approved SCM(s), stormwater collection system and/or vegetative
conveyance shown on the approved plan.
e. The construction of any allocated future BUA.
f. The construction of any infiltrating permeable pavement, #57 stone area, public trails, or
landscaping material to be considered a pervious surface that were not included in the
approved plans and specifications.
g. 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.
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Post-Construction Stormwater Management
Permit No. SW6240701
11. OPERATION AND MAINTENANCE. The permittee shall provide and perform the operation and
maintenance necessary, as listed in the signed Operation and Maintenance Agreement to
assure that all components of the permitted on-site stormwater system are maintained at the
approved design condition. The approved operation and maintenance agreement must be
followed in its entirety and maintenance must occur at the scheduled intervals.
a. CORRECTIVE ACTIONS REQUIRED. If the facilities fail to perform satisfactorily, the
permittee shall take immediate corrective actions. This includes actions required by this
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.
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. CHANGES TO THE PROJECT NAME, PERMITTEE NAME OR CONTACT INFORMATION.
The permittee shall submit a completed Permit Information Update Application Form to the
Division within 30 days to making any one of these changes.
13. TRANSFER. This permit is not transferable to any person or entity except after notice to and
approval by the Director. Neither the sale of the project and/or property, in whole or in part, nor
the conveyance of common area to a third party constitutes an approved transfer of the permit.
a. TRANSFER REQUEST. The transfer request must include the appropriate application,
documentation and the processing fee as outlined in 15A NCAC 02H.1045(2). This request
must be submitted within 90 days of the permit holder meeting one or more of the following:
i. A natural person who is deceased;
ii. A partnership, limited liability corporation, corporation, or any other business
association that has been dissolved;
iii. A person or entity who has been lawfully and finally divested of title to the property
on which the permitted activity is occurring or will occur through foreclosure,
bankruptcy, or other legal proceeding.
iv. A person or entity who has sold the property, in whole or in part, on which the
permitted activity is occurring or will occur;
V. The assignment of declarant rights to another individual or entity;
vi. The sale or conveyance of the common areas to a Homeowner's or Property
Owner's Association, subject to the requirements of NCGS 143-214.7(c2);
b. TRANSFER INSPECTION. Prior to transfer of the permit, a file review and site inspection
will be conducted by Division personnel to ensure the permit conditions have been met and
that the project and the on-site stormwater system complies with the permit conditions.
Records of maintenance activities performed to date may be requested. Projects not in
compliance with the permit will not be transferred until all permit and/or general statute
conditions are met.
14. COMPLIANCE. The permittee is responsible for complying with the terms and conditions of this
permit and the approved plans and specifications until the Division approves the transfer
request.
a. REVIEWING AND MONITORING FOR COMPLIANCE. The permittee is responsible for
verifying that the proposed BUA within each drainage area and for the entire project does
not exceed the maximum amount allowed by this permit. The permittee shall review and
routinely monitor the project to ensure continued compliance with the conditions of the
permit, the approved plans and specifications.
b. APPROVED PLANS AND SPECIFICATIONS. A copy of this permit, approved plans,
application, supplement, operation and maintenance agreement, all applicable recorded
documents, and specifications shall be maintained on file by the permittee at all times.
c. MAINTENANCE ACCESS. SCMs, stormwater collection systems, and vegetated
conveyances must be accessible for inspection, operation, maintenance and repair as
shown on the approved plans.
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Post-Construction Stormwater Management
Permit No. SW6240701
d. DIVISION ACCESS. The permittee grants Division Staff permission to enter the property
during normal business hours to inspect all components of the permitted project.
e. 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.
f. 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.
g. 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.
h. OTHER PERMITS. The issuance of this permit does not preclude the permittee from
obtaining and complying with any and all other permits or approvals that are required for this
development to take place, as required by any statutes, rules, regulations, or ordinances,
which are imposed by any other Local, State or Federal government agency having
jurisdiction. Any activities undertaken at this site that cause a water quality violation or
undertaken prior to receipt of the necessary permits or approvals to do so are considered
violations of NCGS 143-215.1, and subject to enforcement procedures pursuant to NCGS
143-215.6.
Permit issued this the 71" day of November 2024.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
fJ�SiryKed 4 FT""a gd&,ed
William E. Toby Vinson, Jr., PE, CPM, Interim Director
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Permit Number SW6240701
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Post-Construction Stormwater Management
Permit No. SW6240701
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/Off-site
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.
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Post-Construction Stormwater Management
Permit No. SW6240701
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. The built-upon area does not exceed the maximum permitted
amount.
B. EASEMENTS
1. The components of the runoff collection / conveyance system are Y or N
located in recorded drainage easements.
2. A copy of the recorded plat(s) is provided. Y or N
C. 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.
D. OPERATION AND MAINTENANCE PLAN — maintenance records are Y or N
being kept in a known set location and are available for review.
E. DESIGNER'S CERTIFICATION FORM — has been provided to the Y or N
Division.
Provide an explanation for every requirement that was not met, and for every "N/A". Attach additional
sheets as needed.
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Post-Construction Stormwater Management
Permit No. SW6240701
AS-BUILT DESIGNER'S CERTIFICATION GENERAL MDC / OFF-SITE
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 and
the Off-site MDC as defined in NCAC 02H.1002(29) and the requirements of NCAC 02H.1003(3)(c) 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/#?
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 Off-site SCM are provided.
Printed
Name Signature
NC Registration
Number Date
SEAL: Consultant's Mailing Address:
City/State/ZIP
Phone Number
Consultant's Email address:
O Circle N if the as-built value differs from the Plan. If N is circled, provide an explanation on Page 2.
ON/E = not evaluated (provide explanation on page 2) WA = not applicable to this SCM or project.
Consultant's Certification NCAC .1003((3) & General MDC OAs-built ON/E OO N/A
.1050
A. THE OFF-SITE SCM
1. The project controls runoff through an off-site permitted Y or N
SCM that meets the requirements of the MDC.
2. The Off-site SCM has been certified by an appropriately Y or N
licensed design professional as meeting the General
MDC found in NCAC 02H.1050.
3. The Off-site SCM has been certified by an appropriately Y or N
licensed design professional as meeting the specific
MDC for the type of SCM that treats the runoff from this
project.
4. The off-site SCM is currently permitted under permit No. Y or N
SW
B. VEGETATED SETBACKS / BUA
1. The width of the vegetated setback for this project is 50' Y or N
and has been measured 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.
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Post-Construction Stormwater Management
Permit No. SW6240701
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. Runoff from the as-built BUA for the project is collected
and directed into the off-site SCM.
OAs-built OO N/E OO N/A
C. COMPLIANCE WITH OTHER REGULATORY PROGRAMS Y or N
has been met.
D. 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).
E. EROSION PROTECTION
1. The inlets from the project into the off-site SCM do not Y or N
cause erosion in the SCM.
F. 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:
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