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HomeMy WebLinkAboutSW8030101_HISTORICAL FILE_20170720STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW DOC TYPE El CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE COMPLIANCE EVALUATION INSPECTION DOC DATE WYYMMDD Energy, Mineral & Land Resources ENVIRONMENTAL QUALITY July 20, 2017 Horne Depot U.S.A., Inc. A'I'TN.- Kelly Barrett, Sr. Vice ['resident 2455 Paces Ferry Road Atlanta, GA 30339 Subject: Notice of Permit Extension and Renewal Request State Stormwater Management Permit No. SW8 030101 Home Depot Jacksonville NC Onslow County Dear Mr./Ms. Barrett'. ROY COOPER Governor MICHAEL S. REGAN secrerary TRACY DAVIS Director Effective August 1, 2013 the State Stormwater program has been transferred from the Division of Water Quality (DWQ) to the Division of Energy, Mineral and Land Resources (DEN41..R). All previous references to DWQ will remain in older storrtrnvater permits issued prior to August 1, 2013 until they are modified, transferred, or renewed. Please note that this letter references DEMLR as the Division now responsible for issuance of the subject stormwater management permit. On August 5, 2009, the Governor signed Session Law 2009-406. This law impacted any development approval issued by the former Division of Water Quality under Article 21 of -Chapter 143 of the General Statutes. which was current and valid at any point between January 1, 2008, and December 31, 2010. The law extended the effective period of any stormwater permit that was set to expire during this time frame to three (3) years from its current expiration date. On August 2, 2010, the Govemor signed Session Law 2010-177, which granted an extra year for a total of four (4) years extension. Accordingly, the expiration date of the permit was extended to July 15, 2017. State Stormwater Management Permit No. SW8 030101 was last issued on July 15, 2003 to Home Depot U.S.A., Inc. and expired on July 15, 2017 as noted above. Per 15A NCAC 21-1.1045(3) of the stormwater rules, applications for permit renewals shall be submitted 180 days prior to the expiration date and must be accompanied by a permit application fee, which is currently set at $505.00. Please complete and submit the required permit renewal application and fee prior to August 15, 2017. The renewal application can be found at the following vvebsite under the Permit Renewals section: 111I1hi-,- /deq.nc.,,yWabout!divisions/energv-iiiineraI-land-resourcesienc rev- ill iIIcral-land-rules!storriware r- liLg >rrant!post-constrttetion Additionally, please be advised that the Division received a complaint from the City of Jacksonville regarding the apparent lack of maintenance for the pennitted dry detention basin. Please note that per Schedule of Compliance Condition 11.3, the permittee is required to provide the operation and maintenance necessary to assure that the permitted facility functions at optimum efficiency. The signed Operation and Maintenance plan must be followed in its entirety and maintenance must occur at the scheduled intervals. Please be advised that you are required to comply with the terms, conditions and limitations of the Stormwater Management Permit issued under Title 15A North Carolina Administrative Code 2H .1003 and North Carolina General Statute 143-214,7, until a completed Pert -nit Transfer Application form is received by and approved by the Division to transfer the permit. If you have sold the property, please complete and submit the Permit Transfer Application form which is available on our website at the same link above; under the New Projects and Permit Modifications section. Sta1r• 0NOT III Carolina i r':nvironr:;cnlal Quaiit}' £tlrri;}'.A,incr,�l:ntd nand rirsourr, s 11'ilntinc;to3'ti Reciitlnal C?:�irr. 172? Cardir}ai rlrivt^ LxLr,•nsian 111'ilntincltw7. Nl:l8.1C).:r 910 . 96 71I5 State Stonnwater Permit \o. SW8 030101 Pale 2 of 2 Please note that the following are considered violations of NCGS 143 Article 21 and may result in appropriate enforcement action being taken by the Division: 1. Operation of the storrnwater treatment system and discharging to surface waters without a valid and active permit; 2. Failure to operate and maintain the stonmvater treatment system-, If the required maintenance is not performed or if the required renewal application and fee are not received by August 20, 2017, the project will be inspected for compliance and a Notice of Violation may be issued. If you have any questions regarding this matter; please contact Linda Lewis in the Wilmington Regional Office of DENILR at (910) 796-7215 or via eniail at Iinda.le �isr�r,ncdenr. rov. Sincerely; �('-' "racy Davis, P.E. Director Division of Energy, Mineral and Land Resources GDSIarl! 111StomrvaterTerrrrits &, Projects120031030101 I-ID12017 07 req_ren 030101 cc: Pat Donovan -Potts, Stormwater Administrator, City of Jacksonville Wilmington Regional Office File Statc of Nortlr Carolina I LnvironmentaI Quality I Energy. Mincral and tared Rrsaurc us Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, NC 28405 910 796 7215 Lewis,Linda From: Lewis,Linda Sent: Thursday, July 20, 2017 2:50 PM To: 'Pat Donovan -Potts' Cc: Sams, Dan Subject: RE: Pond behind Food lion Thanks, Pat. The permit for this pond just expired on July 15, 2017 (after the 4-year extension) and has not been renewed. The outlet structure was identified as a problem area on previous inspections, but the pond was certified in 2004. Because the permit is expired, I'll write to the Home Depot USA, Inc. and request that they submit the permit renewal application and at the same time, I will advise them of this complaint and of their obligation to maintain the permitted facility. Linda From: Pat Donovan -Potts 'imailto:pdonovan-potts@jacksonvillenc.gov] Sent: Thursday, July 20, 2017 1:08 PM To: Lewis,Linda <linda.lewis@ncdenr.gov> Subject: FW: Pond behind Food lion Linda One of our council members complained about the pond that belongs to Home Depot on Western Blvd. I did a quick inspection. Pictures attached and summary below. May want to have someone check the outlet structure, it has holes in it. Does not look to be maintained. Just passing on the information. Hope you are well. Thank you. PAT DONOVAN-POTTS CITY OF JACKSONXIII.I..E STORMWATF_R MAiNA►.CRR PO 13ON 'I 28 815 NSW 11RIDGE ST1?Ef T ,.JACKSONVII.1-E, NC 910-938-64.4.6 J From: Pat Donovan -Potts Sent: Tuesday, July 18, 2017 3:54 PM To: Richard L. Woodruff <rwoodruff @iacksonvillenc.gov>; Glenn Hargett <GHargett@jacksonvillenc.goy> Cc: Greg Meshaw <GMeshaw@lacksonvilienc.gov>; Wally Hansen <whansen@iacksonvillenc.gov>; Ronald Massey <rmassey@iacksonvillenc.gov>; Carmen Miracle <CMiracle@iacksonvillenc.gov> Subject: Pond behind Food lion The pond behind food lion actually belongs to Home Depot. That shopping center was built pre-stormwater rules. It is functioning as it should, it just has not been maintained in a long time. The inlet (first picture) is overgrown, the permanent pool (2' picture) has a lot of invasive weeds or alligator weed, and the outlet structure (3`d picture) is functioning but is almost covered with Vegetation. The outlet does have some holes in it though. Would you like me to forward to DEC, not sure they will move on this quickly. Not sure "overgrown" is on their "fix it" or "to do list". Let me know what you want me to do. Thank you. P r DONOV N-Po`I" rs CriY oF JAGKSONVIL[..E s'r01ZMWA'1"E-R ytr ANGER PO I3OX 126 815 NEW BR[DG[ S'1'#tl fr'l' JACKS0`VILI..# , NC 910-9,M-610—.6 t 4 0 Corporations Division Page 1 of 2 North Carolina Elaine F. Marshall ❑EPARTMENT °F'T"E Secretary SECRETARY of STATE ry, a PO Box 29622 Raleigh,FlC 27626-0622 (919)B1A-5400 Account Login Note: Due to the installation of equipment upgrades, our website will not be fully functional Create beginning at 7:00 p.m. Friday, July 21st through 7:00 p.m. Saturday, July 22nd. We apologize fotsite any inconvenience this may cause. Account Click Here To: View Document Filings File an Annual Report Amend a Previous Annual Report Print a Pre -Populated Annual Report form Corporate Names Legal: Home Depot U.S A., Inc. Business Corporation Information Sosld: Status: Annual Report Status: Citizenship: Date Formed: Fiscal Month: State of Incorporation: Registered Agent: Corporate Addresses 0282388 Current -Active Current Foreign 1/31/1991 January DE Corporation Service Company Mailing: 2455 Paces Ferry Road Atlanta, GA 30339-1834 Principal Office: 2455 Paces Ferry Road Atlanta, GA 30339-1834 Reg Office: 2626 Glenwood Avenue, Suite 550 Raleigh, NC 27608 Reg Mailing.- 2626 Glenwood Avenue, Suite 550 Raleigh, NC 27608 Officers Senior Vice President : Kelly H. Barrett 2455 Paces Ferry Road Atlanta GA 30339 Vice President: SCOTT BOMAR 2455 PACES FERRY ROAD ATLANTA GA 30339 Assistant Secretary: James D. Bramlett, Jr. 2455 Paces Ferry Road Atlanta GA 30339 Vice President: Ann -Marie Campbell 2455 Paces Ferry Road Atlanta GA 30339 Vice President: Matthew A. Carey 2455 Paces Ferry Road Atlanta GA 30339 Chief Information Officer: hitps://www.sosnc.gov/Search/profcorp/5068026 7/20/2017 Corporations Division i Page 2 of 2 Vice President: Vice President: Assistant Treasurer: Vice President: Vice President: Assistant Secretary: Assistant Secretary: Chief Executive Officer: President: Vice President: General Counsel: Vice President: Secretary: Assistant Secretary: Chief Financial Officer: Vice President: Vice President: Stock Class: 99 SEE CERT Shares: 0 Par Value: 0 Matthew A. Carey 2455 Paces Ferry Road Atlanta GA 30339 Timothy M. Crow 2455 Paces Ferry Road Atlanta GA 30339 Edward P. Decker 2455 Paces Ferry Road Atlanta GA 30339 Karen Dewalt 2455 Paces Ferry Road Atlanta GA 30339 Karen Dewalt 2455 Paces Ferry Road Atlanta GA 30339 Mark Q. Hoffield 2455 Paces Ferry Road Atlanta GA 30339 Stacy S. Ingram 2455 Paces Ferry Road Atlanta GA 30339-4024 Mary Beth tamoree 2455 Paces Ferry Road Atlanta GA 30339 Craig A. Menear 2455 Paces Ferry Road Atlanta GA 30339 Craig A Menear 2455 Paces Ferry Road Atlanta GA 30339 Peter J Muniz 2455 Paces i=erry Rd SE Atlanta GA 30339 Teresa Wynn Roseborough 2455 Paces Ferry Road Atlanta GA 30339 Teresa Wynn Roseborough 2455 Paces Ferry Road. Atlanta GA 30339 Teresa Wynn Roseborough 2455 Paces Ferry Road Atlanta GA 30339 Meredith C Shaughnessy 2455 Paces Ferry Road Atlanta GA 30339 Carol B. Tome 2455 Paces Ferry Road Atlanta GA 30339 Carol B. Tome 2455 Paces Ferry Road Atlanta GA 30339 Chuyu Xi 2455 Paces Ferry Road Atlanta GA 30339 https://www.sosnc.gov/SearclVprofcorp/5068026 7/20/2017 STATE OF NORTH CAROLU[ A Department of the Secretar3, of State SOSID: 0282388 Date Filed: 6/19/2017 Elaine h. Mirshall North Carolina Secretary of State C201.7 171) 03790 AGENT'S STATEMENT OF CHANGE OF REGISTERED OFFICE ADDRESS Pursuant to §55D-31 of the General Statutes ofNorth Carolina: the Lmdersianed submits the following for the purpose of changing the address of the registered office in the State of North Carolina of the entity named below: 1. The name of the entin, is: Home Depot U.S.A.. Inc. Entk-y Type: Business Corporation 2. i ne street address and countv of the current registered office of the entity- is: Number and Street: 327 Hilisoorough Street Cin-, State. Zip Code: Raleigh, NC 27603 COunrv: Wake 3. The mailing address if different from the street address of the current registered office is: 4. The street address and county of the new registered office of the entity is: Number and Street: 2626 Glenwood Avenue, Suite 550 City, State. Zip Code: Ra1eigh, NC 27608 County: Wake 5. The trailing address if different from the street address of the new registered office is: 6. The name of the current registered agent is: Corporation Service Company 7. The address of the entity's registered office and the address of the business office of itsregistered agent as changed will be identical. 8. The underslened certifies that the entity has been notified in writing of the change of address of the business office of the registered agent. 9. This statement will be effective upon filing, unless a date and/or time is specified: June 19, 2017 This is the lath day of June -)o 17 Corporation Service pany (Nam of Entipy}t-1,r U (Signature) Janet Bud , Assistant Vice President (Type or Print Name and Title) Notes: Filing Fee is S5.00. One executed statement must be filed with the Secretary of State. CORPORATIONS DIVISION P. O. BOX 29622 0622 (Revised ,January 2002) RAL£IGR NC 27626- (Form BE-]2) oBUSINESS CORPORATION ANNUAL REPORT NAME OF BUSINESS CORPORATION: Home Depot U.S.A., Inc. SECRETARY OF STATE ID NUMBER: 0282388 STATE OF FORMATION: DE REPORT FOR THE FISCAL YEAR FIND: 11'.1112016 SECTION A: REGISTERED AGENT'S INFORMATION 1. NAME OF REGISTERED AGENT: Corporation Service Company 2. SIGNATURE OF THE NEW REGISTERED AGENT: 3. REGISTERED OFFICE STREET ADDRESS & COUNTY 327 Hillsborough Street Raleigh, NC 27603-1725 Wake County SECTION B: PRINCIPAL OFFICE INFORMATION F u :g Gi use only E-Filed Annual Report 0282388 CA201709500966 d1512017 10:32 Changes SIGNATURE CONSTITUTES CONSENT TO TiiE APPOINTMENT 4. REGISTERED OFFICE MAILING ADDRESS 327 Hillsborough Street Raleigh, NC 27603-1725 1. DESCRIPTION OF NATURE OF BUSINESS: Retailer of Home improvement products 2. PRINCIPAL OFFICE PHONE NUMBER: (7701 433-8211 4. PRINCIPAL OFFICE STREET ADDRESS & COUNTY 2455 Paces Ferry Road Atlanta, GA 30339-1834 SECTION C: OFFICERS (Enter additional officers in Section E.) 3. PRINCIPAL OFFICE EMAIL: Privacy Redaction 5. PRINCIPAL OFFICE MAILING ADDRESS 2455 Paces Ferry Road Atlanta, GA 30339-1834 NAME: James D. Bramlett, Jr. NAME: Matthew A. Carey NAME: Timothy M. Crow TITLE: Assistant Secretary TITLE: Vice President TITLE: Vice President ADDRESS: 2455 Paces Ferry Road Atlanta, GA 30339 ADDRESS: 2455 Paces Ferry Road Atlanta, GA 30339 ADDRESS: 2455 Paces Ferry Road Atlanta, GA 30339 SECTION D: CERTIFICATION OF ANNUAL REPORT. Section D must be completed in its entirely by a person/business entity. Stacy S. Ingram 4/5/2017 SIGNATURE DATE Form must be signed by an, officer listed under Section, C of this form. Stacy S. Ingram Assistant Secretary Print or Type Name of Officer Print or Type Title of Officer MAIL TO Secretary of State, Corporations Division,, Post Office Box 29525, Ralcigh, NC 27626-0525 SECTION E: ADDITIONAL OFFICERS NAME: Karen Dewalt TITLE: Virg Pracirlant NAME: Stacy S. Ingram NAME: Mary Beth Lamoree TITLE: Assistant Secretary TITLE: Assistant Secretary ADDRESS: ADDRESS: 2455 Paces Ferry Road 2455 Paces Ferry Road Atlanta, GA 30339 Atlanta, GA 30339-4024 ADDRESS: 2455 Paces Ferry Road Atlanta, GA 30339 NAME: Teresa Wynn Roseborough NAME: Carol B. Tome NAME: Chuyu XI TITLE: Secretary TITLE: Vice President TITLE- Vice President ADDRESS: ADDRESS: ADDRESS: 2455 Paces Ferry Road 2455 Paces Ferry Road 2455 Paces Ferry Road Atlanta, GA 30339 Atlanta, GA 30339 Atlanta, GA 30339 NAME: Edward P. Decker TITLE: Vir.P PrPSirit-nt ADDRESS: 2455 Paces Ferry Road Atlanta, GA 30339 NAME: Karen Dewalt TITLE: Assistant Treasurer ADDRESS: 2455 Paces Ferry Road Atlanta, GA 30339 NAME: Mark Q. Holifield NAME: Matthew A. Carey TITLE: llira Prpciriant TITLE: r..hiaf Infnrmatinn nffirar ADDRESS: ADDRESS: 2455 Paces Ferry Road 2455 Paces Ferry Road Atlanta. GA 30339 Atlanta. GA 30339 NAME: Craig A. Menear NAME: Craig A. Menear TITLE: C..hiPf FxPriitivp C)ffirar TITLE: PrPciriant ADDRESS: ADDRESS: 2455 Paces Ferry Road 2455 Paces Ferry Road Atlanta, GA 30339 Atlanta, GA 30339 NAME: Teresa Wynn Roseborough NAME: Teresa Wynn Roseborough Name: Carol B. Tome TITLE: General Counsel TITLE: Vice President TITLE: Chief Financial Officer ADDRESS: ADDRESS: ADDRESS: 2455 Paces Ferry Road 2455 Paces Ferry Road 2455 Paces Ferry Road Atlanta, GA 30339 Atlanta, GA 30339 Atlanta, GA 30339 NAME: Peter J Muniz TITLE: Vice President NAME: Ann -Marie Campbell TITLE: Vir.R Prasidpnt NAME: Kelly H. Barrett TITLE: fiPninr Vine Prpsir€ent ADDRESS: ADDRESS: ADDRESS: 2455 Paces Ferry Rd SE 2455 Paces Ferry Road 2455 Paces Ferry Road Atlanta, GA 30339 Atlanta, GA 30339 Atlanta, GA 30339 SEAION E: ADDITIONAL OFFICERS NAME: Scott Bomar TITLE: Vice President ADDRESS: 2455 Paces Ferry Road Atlanta, GA 30339 NAME: TITLE: ADDRESS: NAME: TITLE: ADDRESS: NAME; TITLE: ADDRESS: NAME: TITLE: ADDRESS: NAME: TITLE: ADDRESS: NAME: Meredith C. Shaughnessy NAME: TITLE: Assistant Secretary TITLE: ADDRESS: ADDRESS: 2455 Paces Ferry Road Atlanta, GA 30339 NAME: TITLE: ADDRESS: NAME: TITLE: ADDRESS: NAME: TITLE: ADDRESS: NAME: TITLE: ADDRESS: NAME: TITLE: ADDRESS: NAME: TITLE: ADDRESS: NAME: TITLE: ADDRESS: NAME: TITLE: ADDRESS: Name: TITLE: ADDRESS: NAME: TITLE: ADDRESS: GREENBERG FARROW ARCHITECTURE ENGINEERING DEVELOPMENT 1755 The Exchange, Atlanta, Georgia 30339 lei 770.303.1033 1 tax 770.303.2333 www.greenbergfarrow. Conl NEW YORK, New York CHICAGO, Illinois DALLAS. Texas SOMERSEI, New Jersey LOS ANGELES. California BOSTON. Massachusetts LETTER OF May 24, 200z lo: Mr. Crary Beecher North Carolina Division of Water Quality Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 Phone: (910) 395-3900 Project.' The Home Depot - Jacksonville/Western, NC Project Number: 20010629.8 From: Larry Diehl We are sending you the following enclosures via Mail for your use: Copies Date Description Mailed via CERTIFIED MAIL: { 5/24/04 Letter regarding stormwater compliance report of 4/27/04 Message If enclosures are not as noted, please contact sender at once. Copies 111 11ansmiwd 01.15.UU I:AAdrninAC[IOi \2011106'L!1\2N0111L14 TruxmVgal T., Gary Hrrchrr -NC Walrr Quality OS_�4_04A.ISr K: GREENBERG FARROW ARCHITECTURE ENGINEERING DEVELOPMENT 1755 The Exchange, Allanla, Georgia 30339 lel 770.303.1033 • fax 770.303.2333 www.gfeenberglarrow.com NEW YOBK, New York GKICAGO, IIIIn{s 0ALLAS, Texas SOMERSET, New Jersey LOS ANGELES, Caiilornia BOSTON, Masuchusells Dear Gary, May 24, 2004 Mr. Gary Beecher North Carolina Division of Water Quality Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 Phone: (910) 395-3900 RE' The Home Depot—;acksonville, NC Stormwater Project No. SW8030101 Onslow County GFA Project # 20010629.8 We have reviewed your stormwater compliance report dated 4/27/04. It is our understanding that there were four deficiencies, which need to be corrected in order to bring the stormwater system back into compliance. The following are Home Depot's responses and time frames for each deficiency. 1. There are several bare spots along pad slopes. These need to be seeded with grass or sod. Response: The side slopes of the pond were originally seeded with Winter Rye, which is now beginning to die out. Bermuda seed was placed on the side slopes several months ago and is now growing and slabilizing the slopes. 2. The outlet structure needs to have screens or grates placed over the openings. Trash can enter these openings and disrupt the outlet system. Response: Screening will be installed at each of the openings at the top of the control structure. This will be completed by 6/1/04. 3. Please send us a copy of the Designers Certificate for the pond. Response: The Designers Certificate was prepared and sent to Linda Lewis at the Division of Water Quality office on 2/27/04. A copy is attached for your use. 4. A large amount of sediment has entered the fore bay via the inlets. Please make sure that the accumulated sediment is not blocking stormwater flow into the fore bay & pond. The sediment may need to be removed. Response: The contractor has informed us that the sediment at the entrance to the fore bay was removed the week of 5/16/04. We believe the compliance issues have been addressed and Home Depot will continue to monitor the site in keeping with the permit conditions. Please let us know if you have any questions or further concerns. Sincerely, GREENBERG EAR ARCHITECTURE, INC. Larry Die Associate, Civil Engineering Dopartrnent Manager Cc: Jeff Israel -Home Depot Nick Bessho -Horne Depot Alton Simmons -John S. Clark Company Michael Matthews -City of Jacksonville 01 Letter 03.22.00 J:\Admin\2001 \20010679\20010629 Letter To Gary Beecher -NC Water Quality 05_19_2004A.0m • Michael F. Easley, Governor William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality June 23, 2005 CERTIFIED MAIL #7002 1000 0005 2389 7587 RETURN RECEIPT REQUESTED Mr. Michael McGuire Home Depot U.S.A., Inc. 2455 Paces Ferry Road Atlanta, GA 30339 Subject: NOTICE OF VIOLATION Home Depot in Jacksonville Stormwater Permit No. SW8 030101 Onslow County Dear Mr. McGuire: On June 21, 2005, Wilmington Regional Office personnel performed a Compliance Inspection of the subject project, located at Western Blvd in Jacksonville, Onslow County, North Carolina. The inspection was performed to determine the status of compliance with Stormwater Permit Number SW8 03 010 1, issued to you on July 15, 2003. The project has been found in violation of Stormwater Permit Number SW8 030101, issued pursuant to the requirements of 15A NCAC 2H.1000. The violations found are: Section I1.3- The permittee shall at all times provide the operation and maintenance necessary to assure the permitted Stormwater system functions at optimum efficiency. The approved Operation and Maintenance Plan must befollowed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to. - (a) Semiannual inspections b Sediment removal c Mowing and re -vegetation of side slopes d Immediate repair of side slopes e Maintenance of side slopes in accordance with approved plans. It does not appear that the semiannual inspections are being conducted. There are large patches of bare soil on the pond slopes. These should have been seeded to avoid future erosion problems. There are (2) large ruts directly behind the outlet structure. These may weaken the pond slope, which may cause the slope to blow-out. There is still a large amount of sediment in the fore -bay. This issue was addressed in the last Inspection Report on April 27, 2004. The 10" PVC Stormwater pipe running through the fore -bay may have a large crack in it. It appears that a t-shirt was used in an attempt to stop the pipe from leaking. To correct these violations you must: 1. Provide a written "Plan of Action" which outlines the actions you will take to correct the violation(s) and a time frame for completion of those actions, on or before July 22, 2005. North Carolina Division of Water Quality 127 Cardlnal drive Extension Phone (91C) 395.390C Customer Service1-877.623-6748 One Wilmington Regional office Wilmington, NO 28405-3845 FAX (919) 733-2496 Internet: h2o.enr.state.nc.us NorthCaro/lina An Equal Opportunity/Affirmative Action Employer- 50% Recycled110% Post Consumer Paper Aatd[I'li��f Date: June 23, 2005 Project flame: Home Depot In Jacksonville Stormwater Permit No: SW8 030101 2. Fill in all ruts and rills, then stabilize them with seed or sod. If seed is used, some type of matting must be used to keep the seed from washing away. 3. Repair the (2) large nits behind the outlet structure. This must be done as soon as possible, any delay could make the problem worse. After filling the ruts, seed or sod must be placed on the fill to stabilize the spot and to prevent further erosion from occurring. 4. Remove sediment from inside the fore -bay. 5. Repair the 10" PVC pipe using the correct procedures and materials. Failure to provide the "Plan of Action" by July 23, 2005, or to correct the violations by the date designated in the "Plan of Action", are considered violations of 15A NCAC 2H.1000, and may result in the initiation of enforcement action which may include recommendations for the assessment of civil penalties, pursuant to NCGS 143-215.6A. By copy of this letter to the Onslow County Building Inspector, this Office is requesting that the Building Inspector consider withholding building permits and Certificates of Occupancy for this project until this matter is satisfactorily resolved. If you have any questions concerning this matter, please call Gary Beecher at (910) 796- 7215. Sincerely, Edward Beck Regional Supervisor Surface Water Protection Section EB:Ighb S:IWQSISTORMWATINOTICE1030101.June05 cc: Larry Diehl (Greenberg Farrow Engineering) Michael Matthews City of Jacksonville Inspections) Gary Beecher (DQ) Shelton Sullivan (DWQ Assistance and Compliance) • LJ Horse Depot Storm Water issues noted on Sept 2 2004 A T 5Gv A) 30101 Subject: Home Depot Storm Water issues noted on Sept 2 2004 From: "Michael Matthews"<mmatthews@ci.jacksonville.nc.us> Date: Tue, 14 Sep 2004 10:07:40 -0400 To: <Linda.Lewis@NCmail.net> CC: "Michael Mack" <MMack r@ci.jacksonville.nc.us>, "Tom Anderson" <TAnderson@ci. jacksonville.nc.us> Linda, Tolls asked me to ibrww d these pictul es of the Home Depot detention pond here in facksonville. There are some pl oblenls al eas that need corrective action and we thought this would fall under .Storm Water r0gIIatO1y aCt1O17. Ifyou need a11yt17111,g hvin isle, Please feel fi ee to contact 111e at (910) 938-5280 office, or (910) 358-5491 11.11Chael1'l attheNs Construction 117SIvetor City or lacl sollvill Home Depot Water Content -Description: Quality Pictures Home Depot Water Quality Pictures Sept 2 2004.doe Sept 2 2004.doc Content -Type: application/msword Content -Encoding: base64 i,. ! of 1 9/14/2004 11:45 AM Sept 2 2004 The pipe has separated and the storm water drainage from the parking lot is not all going into the pond, Sept 2 2004 The pipe has separated and the storm water drainage from the parking lot is not all going into the pond, some is getting bypassed and discharged into the receiving stream. Ib Sept 2 2004 The water in the pond is bypassing the control structure inlet and is coming into the structure through a crack where the outlet pipe was tied in on the backside. Home Depot in Jacksonville SW 030101 February 13, 2006 Cows Onslo-vv Locution of site: Western Blvd in Jacksonville Storruwater System, (1) Dn' Detention .Basin Design Storm: 1" Pond Depth: 1.8' Orifice Sire: 3" Drawdown Time: 2-5 Bays (general Pond Appearance o K Outlet Structure "Trash Rack ./ Fore-bav Present Deed Restrictions Pond Certifications Contact Numbers: .Mr. Larn° Stalby Construction Planner (229) 344-3001 t'omn�€ants: RE: Home Depot Storm Water issue Subject: RE: Home Depot Storm Water issue From: "Michael Matthews"<mmatthews@ci.jacksonville.nc.us> Date: Fri, 16 Apr 2004 12:02:31 -0400 To: "Linda Lewis" <Linda.Lewis@ncmail. net> CC: "Tom Anderson"<TAnderson@ci.jacksonville.nc.us> Linda, Thank you so much for your reply, it is appreciated? Just so you know what my intent is on our end, I plan to issue a Notice of violation since the storm system was to be jetted and vacuumed adequately to remove all the sediment accumulation as a condition to issuing a temporary certificate of occupancy. There is a large amount of sediment that has accumulated at the flared end sections going into the pond from the collection system. It would appear that the jetting and vacuuming was not done adequately. since this is a sedimentation issue Tom feels we should continue to hold the CO until they can proof the problem has been resolved. I will issue this NOV next week, if you need a copy of this I will make,sure it is sent to you. Again, Thank you;for your time and assistance in this matter. Respectfully submitted, Michael Matthews Construction Inspector Engineering Division City of Jacksonville -----Original. message ----- From: Linda Lewis Imail to: Linda. Lewis@ncmail.net] Sent: Thursday, April 15, 2004 4:51 PM To: Michael Matthews Cc: Gary Beecher Subject: Re: Home:Depot Storm Water issue Michael: I spoke to Larry Diehl of Greenberg Farrow, and he has a plausible theory for the sediment that you are seeing. It has been very dry in recent months, and according to Mr. Diehl the catch basin inlets were not well protected during construction. It may be that the accumulated sediment in the piped system that feeds the dry detention basin has been dislodged during this weeks heavy rainfall. Additionally, the bottom of the basin may be clogged with fines, preventing it from drawing down completely within 2-5 days, as is required. Ideally, the outlet piping would be located a sufficient height above the anticipated water level in the ditch to prevent backflow into the basin. I am willing to wait a few weeks to see if the sediment issue decreases with each rainfall event as the dislodged sediment is removed from the piping. If the sediment problem continues, I will require that the piped system be vacuumed or hosed out and the bottom of the basin be dredged to remove accumulated fines. If these don't work, an investigation to find the source of the sediment will need to be conducted. Techically, the site is in violation of the stormwater permit. However, I am not going to write up the violation until some time has passed to allow any potential accumulated sediment to be flushed through. If, after several rain events, the sediment is still a problem, an NOV will 1 of 2 4/16/2004 2:14 PM RE: Home Depot Storm Water issue 4 A, be the next step. Linda Michael Matthews wrote: /Linda,/ /First I would like to express my appreciation for your return call and your assistance in this matter. I apologize for missing your call./ /I spoke with Gary Beecher the first part of the week and tried to express my concerns and see what his feelings were at this site./ /I understand that it appears to be an engineering issue as far as the design of the pond and the flared end sections are concerned. I don't know what I should do since it appears that the discharge to the receiving stream still has suspended solids. I am by no means trying to tell you how to do your job, please understand this. I am just requesting some guidance since I am not allowing a permanent Certificate of occupancy until I get some kind of resolution to what I feel may be a problem./ /Thank you for your help and your time./ /Respectfully,/, Michael Matthews/ /Construction Inspector/ /Engineering Division / /City of Jacksonville/ 0 2 of 2 4/16/2004 2:14 PM OF WArF9 Michael F. Easley, Govemor O� 0 William G. Ross Jr., Secretary 61 North Carolina Department of Environment and Natural Resources co > y Alan W. Kiimek, P.E.,Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality Stormwater Inspection Sheet Name of Site: HOME DEPOT IN JACKSONVILLE Permit #: SW8 030101 Date Of Inspection: JUNE 21, 2005 Weather and Temp: WARM & SUNNY Location of site: ONSLOW CO. Pond or swale Conditions: OUTLET STRUCTURE HAS SEVERE EROSION AROUND IT. SEDIMENT STILL REMIANS IN THE FORE -BAY. MORE GRASS IS NEEDED ON THE POND SLOPES. PIPE APPEARS TO HAVE BEEN RIGGED WITH A T-SHIRT. Trash Rack Present: YES Deed Restrictions/ Eng Certification Provided: YES 12126/2004) Condition of Outlet Structure: POOR (EROSION AROUND OUTLET BOX) Do the plans match the site: YES Wetlands Onsite: NO Condition: NIA History Of Site: INSPECTED ON APRIL 27, 2004 N. C. Division of Water Quality 127 Cardinal Drive Extension (910) 395-3900 Customer Service Wilmington Regional Office Wilmington, NC 28405 (910) 350-2004 Fax 1 800 623-7748 N bE-N - 05/20./04 MON 12:17 FAX 7703032388 GREENBERG FARROW R 001 GREENBERG FARROW ARCHITECTURE ENGINEERING DEVELOP14ENF 1 755 The Exchange, Atlanta, Georgia 30339 let 770.303.1033 t lax 770,303.2333 www.greenberglarrow, cam TO: ATLANTA.6eargia CHICAGO. Illinois DALLAS, Texas FAX TRANSMITTAL S z4- o Date: 4-- Phone: SOMERSEI, Htr Jetsey Oq �j LOS ANGELFS, Calirornia Fax: � � �� V � G�C� BOSTON. MassachusWs II Project: GFA Project No.: From: DIRECT FAX #: (770) 303-2389 Number of Pages Including This Cover: Confidentiality Notice: The information contained in this facsimile message is legally privileged and confidential, intended only for the use of the individual or entity named above. if you are not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this telecopy in any manner is strictly prohibited. If you have received this transmission in error, please immediately contact sender at 770/303-2389_ Message: �► cam- �554 -�f 05/V,iO4 MON 12:17 FAX 7703032388 GREENBERG FARROW Z002 r I,. GREENBERGtArV%V ARCHTEC10ENG1NCERING OFVEEOPMEAr1 1755 the Exchange, Atlanta, Georgia 30339 lei 770,303.1033 • fax 770.303 2333 wlvw.,greenberglarrow, com ;&&'INK N.-.4 ft.A SOAdF,HSk:r. t1en�Jei6^y IWZ AIIGEIFq, Cdlilei rn10 13u:;rr!;�, rvs•.,;r,;; arts Dear Gary, May 24, 2004 Mr. Gary Beecher North Carolina Division of Water Quality Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 Phone: (910) 395-3900 RE: The Home Depot —Jacksonville, NC Stormwater Project No. SW8030101 Onslow County GFA Project # 20010629.8 We have reviewed your stormwater compliance report dated 4/27/04. It is our understanding that there were four deficiencies, which need to be corrected in order to bring the stormwater systern back into compliance. The following are Home Depot's responses and time frames for each deficiency. 1. There are several bare spots along pad slopes. These need to be seeded with grass or sod. Response: The side slopes of the pond were originally seeded with Winter Rye, which is now beginning to die out. Bermuda seed was placed on the side slopes several months ago and is now growing and stabilizing tho slopes. 2. The outlet structure needs to have screens or grates placed over the openings. Trash can enter these openings and disrupt the outlet system. Response: Screening will be installed at each of the openings at the top of the control structure. This will be completed by 6/1/04. 3. Please send us a copy of the Designers Certificate for the pond. Response: The Designers Certificate was prepared and sent to Linda Lewis at the Division of Water Quality office on 2/27/04. A copy is attached for your use. 4. A large amount of sediment has entered the fore bay via the inlets. Please make sure that the accumulated sediment is not blocking stormwater flow into the fore bay & pond. The sediment may need to be removed. Response: The contractor has informed us that the sediment at the entrance to the fore bay was removed the week of 5/1 6/04. We believe the compliance issues have been addresser! and Home Depot will continue to monitor the site in keeping with the permit conditions. Please let us know if you have any questions or further concerns. Sincerely, GREF FN F OW ARCHITECTURE, INC. Larry Diehl Associate, Civil Engineering Departmenl Manager Cc: Jeff Israel -Home Depot Nick Ressho -Home Depot Alton Simmons -John S. Clark Company Michael Matthews -City of Jacksonville 01 LVI10f 7., Gary 11-11Ni •NC WKvrQi1.Aly flr_1!1 '111fl4^AI ! 05/24./04 MON .12:.17 FAX 7703032388 GREENBERG FARROW U 003 State Stormwater Management Systems Permit No. SW8 030101 Home Depot Jacksonville Stormwater Permit No. SW8 030101 Onslow County Designer's Certification 6�7AA-or-DA,0 , as a duly registered if-tO LL- �6► N1� +E2 in the State of North Carolina, having been authorized to observe (periodically/ weekly/ full time) the construction of the project, o�E�ea-r Weyrao (Project) JtL._F_ 1V for Tko mc__: :hkPZ>:1 _ (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. The checklist of items on page 2 of this form is included in the Certification. Noted deviations from approved plans and specification:. SEAL 0411616,0,, Signature *-%'R% CA1Pp1� ,,• s�ro�q Registration Numb r 2oSU l +;4a�•;! ;a Date 2ta O�- =*: SEA! '} i 04, 1 j1111 i111►���- P 05/21/04 MON .12:18 FAX 7703032388 E _ Certification Requirements: GREENBERG FARROW State Stormwater Management Systems Permit No. SW8 030101 ✓ 1. The drainage area to the system contains approximately the permitted acreage. The drainage area to the system contains no more than the permitted amount of built -upon area. 3. All the built -upon area associated with the project is graded such that the runoff drains to the system. 4. The outlet/bypass structure elevations are per the approved plan. ✓/5. The outlet structure is located per the approved plans. ✓ f. Trash rack is provided on the outlet/bypass structure. 7. All slopes are grassed with permanent vegetation. ✓ 8. Vegetated slopes are no steeper than 3:1. V"�'9. The inlets are located per the approved plans and do not cause short- circuiting of the system. __Z10. The permitted amounts of surface area and/or volume have been provided. 11. Required drawdown devices are correctly sized per the approved plans. 'J ✓12. All required design depths are provided. ✓ 13. All required parts of the system are provided, such as a vegetated shelf, and a forebay. �14. The required system dimensions are provided per the approved plans. cc: NCDENR-DWQ Regional Office Onslow County Building Inspections Z 004 0 V 2�U April 29, 2004 � U GREENBERG FARROW ARCHITECTURE ENGINEERING DEVELOPMENT 1755 The Exchange, Atlanta, Georgia 30339 tel 770.303.1033 • fax 770.303,2333 www greenbergfarrow. cam NEW YORK, New York CHTAGO, Illinois DAf LAS, Texas SOMERSET, New Jersey LOS ANGELES, California BOSTON, Massachusetts Dear Linda, MAY ` "1 Y. 0 3 '2044 Ms. Linda Lewis North Carolina Division of Water Quality Slormwater Section 127 Cardinal Drive Extension Wilmington, NC 28405 t'hone: (910) 395-3900 RE: DWQ Stormwater Project No. SW8 030101 The Home Depot — Jacksonville, NC GFA Project # 20010629.8 Per our phone conversation last week, concerning the water quality pond at the above referenced project, I have forwarded my comments to the contractor for him to begin the clean up of the remaining sediment within the storm pipe system yand pond. The site is sufficiently stabilized so that no new sediment should enter the pond after the clean up is complete. Hopefully, this will take care of any further sediment entering the pond. If, in the future, sediment continues to be discharged to the outfall ditch, the pond bottom may need to be checked for sediment build up, which then could be removed. We appreciate your assistance and please keep us informed of further concerns. Sincerely, GREENBERG FARROW ARCHITECTURE INC. Larry Diehl, Associate Cc: Nick Bessho -Home {depot Michael Matthews -City of Jacksonville, 01 letter o3,2I,00 C\Admin\20ai \20010629\20010629 Letter To Ms. Linda Lewis -Water Quality 04_29_2003A.Doc GREENBERG FARROW ARCHITECTURE ENGINEERING DEVELGPMENT 1755 The Exchange, Atlanta, Georgia 30339 tel 770.303. 1033 l lax 770.303.2333 www. greeabergtarrow. com NEW YORK, New York CHICAGO, Illinois DALLAS, Texas SOMERSET, New Jersey LOS ANGELES, Caliloinia BOSTON, Massashusetls LETTER Of TRANSMITTAL July 10, 2003 To: Linda Lewis Division of Water Quality 127 Cardinal Dr. Extension Wilmington, NC 28405 (910) 395-3900 Project: The Home Depot -Jacksonville/Western, NC. Project Number. 20010629.2 From: Charles J. Beadles, P.E. We are sending you the following enclosures via Air Express - Priority as requested: Copies Date Description X Z Sheets C-4.2, C-13.0, Post, & Pre __-_...... .�...__.... ..... ........ ........ ......... ...... ......................... _...... _...............__M...__..._ ....._....._._..._......... _.__. 2 Revised calculations (stamped) Message If enclosures are not as noted, please contact sender at once. Copies RECEIVED JUL 1 f 2003 DWQ PROD # 01 T[a nsmin it 01.25.00 Ihxurnen[3 * * * COMh1UNICATiON PE P. I SULT REPORT ( JUL 9 2m03 • 3.33PM ) � � FILE NODE OPTION TI DENR WIRO ---------------- ADDRESS (GROUP) --------------------- ----------- ESULT -PAGE 864 MEMORY TX ----------------- B-7703032389 ---- ------ -------------- P. 1i1 ----------------------------------------- REASON FOR ERROR E-1) HANG UP OR LINE FAIL E-3) NO ANSWER E-2) BUSY E-4) NO FACSIMILE CONNECTION O NNA7�0 Michael F. Easley, Governor Q William G. Ross Jr. secretary FNorth Carolina Department of Environment and Natural hesourees Alan W. Klimek p.E„Director p Divislon of Water Quality Coleen H. Sullins, De uty Director Division of Water Quality PAX COVER SHEET Date: July 9, 2003 To: Charles J. Beadles, P.E. Company: Greenberg Farrow FAX #: 770-303-2389 No. of Pages: 1 From: Linda Lewis 24� Water Quality Section - Stormwater FAX # 910-350-2004 Phone # 910-396-3900 DWQ Stormwater Project Number: SW8 030101 Project Name: The Home Depot MESSAGE: Mr. Beadles: in order to permit this project, I must have 2 sets of the plans. You only sent me one set of the revised sheets C4.2, C13,0, POST and PRE. Please semi in one more copy of. those 4 plan sheets listed above. nrA54cP czPal. sign and date the revised calculation pages. I OF Wq.rF9 Michael F. Easley, Governor � p William G. Ross Jr. Secretary �4 North Carolina Department of Environment and Natural kesources r—� Alan W. Klimek, P.E.,Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality FAX COVER SHEET Date: July 9, 2003 To: Charles J. Beadles, P.E. Company: Greenberg Farrow FAX #: 770-303-2389 No. of Pages: 1 From: Linda Lewis Water Quality Section - Stormwater FAX # 910-350-2004 Phone # 910-395-3900 DWQ Stormwater Project Number: SW8 030101 Project Name: The Home Depot MESSAGE: Mr. Beadles: In order to permit this project, I must have 2 sets of the plans. You only sent me one set of the revised sheets C4.2, C13.0, POST and PRE. Please send in one more copy of those 4 plan sheets listed above. Additionally, please seal, sign and date the revised calculation pages. RSSlarl: S:IWQSISTORMWATIADDINF0120031030101.ju103 N. C. Division of Water Quality 127 Cardinal Drive Extension (814) 395-3900 Customer Service �A Wilmington Regional Office Wilmington, NC 28405 (910) 350-2004 Fax 1 800 623-7748 NCDENR LETTER OF TRANSMITTAL 1(�' &71 June 26, 2003 GREENBERG FARROW ARCHITECTURE ENGINEERING DEVELOPMENT 1755 The Exchange, Atlanta, Georgia 30339 tel 770.303.1033 1 fax 770.303,2333 www.grecaberglaffow.com ��.D To: Linda Lewis NEW YORK, New Yolk R State of North Carolina CHICAGO, Illinois j 4 7 C U3 Dept. of Environmental and Natural Resources DALLAS, Texas �u1V 127 Cardinal Drive Extension SOMERSET. New Jersey �Wilmington, NC 28401 LOS ANGELES. Calilarnia $y'-�' (910) 395-3900 BOSTON,Massachusetls Project: The Home Depot - Jacksonville/Western, NC. Project Number: 20010629.2 From: Charles J. Beadles, P.E. We are sending you the following enclosures via Air Express - Standard for your use: Copies Date Description 1 Revised Construction Documents per your comments Message Please call if you have any questions or comments. If enclosures are not as noted, please contact sender at once. Copies DI Transmiltal 01.25.0n I)uaimen14 P. 1 9 I FILE MODE -------------- 07CI MEMORY TX f * * COMMUNICATION RESULT REPORT ( JUN.10.2003 OPTION REASON FOR ERROR E-1) HANG UP OR LINE FAIL E-3) NO ANSWER ADDRESS (GROUP) --- e-7703032333 9:IIAM ) . TTI RESULT -------- - - NCDENR WIRO PAGE ----------P 1/1 -- E-2) BUSY E-4) NO FACSIMILE CONNECTION Q OF WAr QG Michael F, Easley, Governor William G. Ross Jr., Secretary co j North Carolina department of Environment and Natural Resources rt Alan W. Klimek, P,ElDirector Division of Water Quality FAX COVER SHEET Date: Jane 10, 2003 To: Esmall Chadrdan, P.E. Company: Greenberg Farrow AIE Co. FAX #: 770-303-2333 No. of Pages: 1 From: Linda Lewis #�� Water Quality Section Stormwater FAX # 910.360-2004 Phone # 910-395-3900 DWQ Stormwater Project Number; SWS 030101 Project. Name: Horne Depot Jacksonville MESSAGE: Dear Mr. Chadrdan: Please send in two copies of the revised detail sheet C-13. Neither of the plan sets that was submitted on April 14, 2003, contained this necessary plan sheet, The revised calculations do not reflect the proposed condition. The drainage area is li 18,22 acres, and the proposed BUA is 625,280 ft2, (88.5% impervious) which includes the Home Deoot and Outc)arcel B. ThP nrifirna fiF7a ie n^,a, Lnx:.-F i-A ^ - 46-- All- -- �OF WATFAQ Michael F. Easley, Governor yWilliam G. Ross Jr., Secretary co North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E.,Director Division of Water Quality FAX COVER SHEET Date: June 10, 2003 To: Esmail Chadrdan, P.E. Company: Greenberg Farrow AIE Co. FAX #: 770-303-2333 No. of Pages: 1 From: Linda Lewis Water Quality Section Stormwater FAX # 910-350-2004 Phone # 910-395-3900 DWQ Stormwater Project Number: SW8 030101 Project Name: Home Depot Jacksonville MESSAGE: Dear Mr. Chadrdan: Please send in two copies of the revised detail sheet C-13. Neither of the plan sets that was submitted on April 14, 2003, contained this necessary plan sheet. The revised calculations do not reflect the proposed condition. The drainage area is 16.22 acres, and the proposed BUA is 625,280 ft2, (88.5% impervious) which includes the Home Depot and Outparcel B. The orifice size is now specified as the 4" underdrain in one part of the calculations, and a 3" pipe in another part of the calculations. However, the revised calculations for orifice size are incomplete -only a formula is given, no actual calculation is done. Please provide a complete orifice calculation. The underdrains may not be included as part of the drawdown mechanism. Upon receipt and verification of the required information, I am prepared to issue the permit. I will be leaving on vacation beginning this Thursday. If possible, please overnight the plansheets to me so that the permit can be issued before I leave. Otherwise, it will be delayed until June 18. RSSlarl: S:IWQSISTORMWATIADDINF0120031030101.jun03 N. C. Division of Water Quality 127 Cardinal Drive Extension (910) 395-3900 Customer Service AMP Wilmington Regional Office Wilmington, NC 28405 (910) 350-2004 Fax 1 800 623-7748 Wc—bE-NrR- RECEIVED This instrument prepared by and upon recording please return to: Charles A. Brake, Jr., Esq. PROD # Hartman, Simons, Spielman & Wood, LLP 6400 Powers Ferry Road, NW Suite 400 Atlanta, Georgia 30339 APR 14 2003 DWQ DEED RESTRICTION AND DECLARATION OF PROTECTIVE COVENANTS THIS DEED RESTRICTION AND DECLARATION OF PROTECTIVE COVENANTS (this "Declaration") is made this _ day of , 2003, by HOME DEPOT, U.S.A., Inc., a Delaware corporation ("Owner"). RECITALS A. Owner is the fee simple owner of that certain real property situated in Jacksonville, North Carolina, more particularly described in Exhibit "A" attached hereto and made a part hereof (hereinafter the "Property"). B. Owner has submitted to the State of North Carolina, Division of Water Quality ("Division") certain plans for the development of the Property which plans are more particularly described on Exhibit "B" attached hereto and made a part hereof (hereinafter the "Approved Plans"), and in connection therewith the Division has issued State Stormwater Management Permit Number _ (hereinafter the "Stormwater Permit"). The following covenants and restrictions are intended to ensure the ongoing compliance with the Stormwater Permit pursuant to NCAC 2H.1000. C. Owner deems it desirable and in the best interest of all present and future owners of the Property that the Property be subject to certain covenants and restrictions, all of which are more particularly hereinafter set forth. NOW, THEREFORE, for and in consideration of the premises, the covenants and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by Owner, the Owner declares as follows: The foregoing recitals are true and correct and are incorporated herein by reference. 6t2464-1 0000.000 2. The maximum built -upon area ("Maximum BUA") for outparcel(s) and future building areas shown on the Approved Plans shall be as follows: Outparcel # Maximum BUA Future Development B 211,048 square feet unknown The Maximum BUA includes any built -upon area constructed within the boundaries of the Property, and that portion of the right-of-way between the lot lines and the edge of the pavement. Built -upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking , or the water surface of swimming pools. Built -upon area on any outparcel or future building area in excess of the Maximum BUA shall require a modification of the Stormwater Permit and shall be subject to the express written consent of the Division. The stormwater runoff from all built -upon area on any outparcel or future building area must be directed into the permitted stormwater control system as more particularly shown on the Approved Plans ("Stormwater Control System"). The connection from the outparcel's or future building area's stormwater collection system into the Stormwater Control System shall be made such that short- circuiting/by-pass of the Stormwater Control System does not occur. 3. Alteration of the drainage for the Property as shown on the Approved Plans may not take place without the express written consent of the Division. 4. Each outparcel or future development tract whose ownership is not retained by the Owner, shall submit a separate offsite stormwater permit application to the Division and receive a stormwater permit prior to construction. S. It is the intention of Owner that the restrictions contained in this Declaration shall run with the land and shall apply to and be binding upon and inure to the benefit of the successors and assigns of Owner and to any and all parties hereafter having any right, title or interest in the any outparcel or future building area or any part thereof. The State of North Carolina is made a beneficiary of these covenants and restrictions to the extent necessary to maintain compliance with the Stormwater Permit. b. The foregoing restrictions and covenants pertaining to stormwater drainage from any outparcel or future buildng area may be modified in writing only and may not be altered or rescinded without the express written consent of the Division. 7. If any provision of this Declaration is held to be invalid by any court of competent jurisdiction, the invalidity of such provision shall not affect the validity of any other provisions thereof. All such other provisions shall continue unimpaired in frill force and effect. 612464-1 0000.000 IN WITNESS WHEREOF, the Owner has caused this Declaration to be by persons duly authorized thereunto as of the day and year first above written. rfffff.�i�1 I� HOME DEPOT U.S.A., INC., a Delaware corporation By:_ Name: Title: Attest: Name: Title: STATE OF GEORGIA COUNTY OF FULTON [CORPORATE SEAL] 1, a Notary Public of the County and State aforesaid, certify that personally came before me this day and acknowledged that he/she is of Home Depot U.S.A., Inc., a Delaware corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its sealed with its corporate seal and attested by as its Secretary. Witness my hand and official stamp or seal this day of , 2003. Notary Public My commission expires: [STAMP -SEAL] 612464-1 000a.aoo EXHIBIT B Description of the Approved Plans 612464-1 oo0o.000 GREENBERG FARROW ARCHITECTURE ENGINEERING DEVELOPMENT 1755 the Exchange, Atlanta, Georgia 30339 tel 770.303.1033 I fax 770.303.2333 www, greenb erglarro w, c om NEW YOHK, New Ymh CHICAGO. Illinois DALLAS, Texas SOMERSET, New Jelsey ^� LOS ON. Mas, Calico Its RECEIVE D DOSiON. Massachusetts 1 APR 14 2003 DWQ PROM # , Dear Linda, April 11, 2003 Ms. Linda Lewis State of North Carolina Dept. of Environmental and Natural Resources 127 Cardinal Drive Extension Wilmington, NC 28401 Phone: (910) 395-3900 RE: Project No. SW8 030101 The Home Depot - Jacksonville Revision Resubmittal The accompanying submittal addresses all of your comments in the letter dated March 17, 2003, concerning the submittal for The Home Depot Stormwater Quality Permit. We have included the appropriate Civil Documents, including the Landscape Plan; plus, the revised page 2 of 4, page 4 of 4, the proposed deed restrictions, and two hydrology reports. The following statements should satisfy your comments: l . Wetland note is located on sheet C4.0. 2. The 16.22 acre area is delineated on the Post Development sheet. 3. The drainage has been split for the two parcels. See revised page 2 of 4. 4. Landscape Plan has been included. 5. Proposed Deed Restrictions for Parcel B have been included. 6. 3" orifice revised and plunge pool incorporated. See sheet C13.0 or Hydrology Report. 7. Addressed 8, Signature Authorization by Vice President acquired. 9. Page 4 initialed. 10. Engineering firm is designated. Please call with any additional comments or if any information has been omitted that will prohibit you from completing final approval for this permit. Thank you. Sincerely, GREENBERG FARROW ARCHITECTURE INC. G. Hamilton Williams D1 Lefler 03.22.00 J:\Admix\2(X)1\2UOIOG29\20010629 Lefler To Ms. Linda Lewis 4_1 1_2003A.Dc,r. GREENBERG FARROW ARCHITECTURE ENGINEERING DEVELOPMENT 1755 The Exchange, Atlanta, Georgia 30339 del 770.303,1033 1 lax 770,303.2333 www. gre enb ergfarro w, com To: NEW YORK, New York CHICAGO, Illinois DALLAS, Texas SOMERSET. New Jersey LOS ANGELES, Calllornia BOSTON, Massachusetts Project: LETTER Of TRANSMITTAL April 11, 2003 Ms. Linda Lewis State of North Carolina Dept. of Environmental and Natural Resources 127 Cardinal Drive Extension Wilmington, NC 28401 Phone: (910) 395-3900 The Home Depot - jacksonvi I le/Western, NC. Project Number: 20010629.2 From: G. Hamilton Williams We are sending you the following enclosures via Air Express - Standard for your use: Copies Date Description 1 Letter covering comments in March 17, 2003 letter .--..............................-...-- �...-- ------ ---- Civil Documents — Grading, Erosion Control, Landscape Plan .... ............. ........ -........... ...... -- - 1 Revised Page 2 of 4, and 4 of 4 (originals) 1 Proposed Deed Restrictions Message Please see attached letter. If enclosures are not as noted, please contact sender at once, Copies File APR 14 2003 Dw@, PROD # � y0 S U/Uy 01 TrangmIual 01.25.(H)1:\Admin\2001\20010629\20010629 Transmirlal To W. Linda Lewis 4 1 I 2(%),'9A.1)oC r,� Vq A T Ft, C A Michael F. Easley, Governor William G. Ross, Jr., Secretary. North Carolina Department of Environment and Natural Resources r Alan W. Klimek, P.E., Director `i Division of Water Quality Wilmington Regional Office March 17, 2003 Mr. Jeff Israel, Senior Corporate Counsel -Real Estate Home Depot USA, Inc. 2455 Paces Ferry Road, NW Atlanta, GA 30339 Subject: REQUEST FOR ADDITIONAL INFORMATION Stormwater Project No. SW8 030101 The Home Depot Jacksonville Onslow County Dear Mr. Israel: The Wilmington Regional Office received a Stormwater Management Permit Application for The Home Depot Jacksonville on January 2, 2003 with modifications submitted February 17, 2003. A preliminary review of that information has determined that the application is not complete. The following information is needed to continue the stormwater review: I. Please either delineate all wetlands on site, disturbed or undisturbed, or note on the plans that none exist. V"2. Please delineate the 16.22 acre drainage area. Please either reroute all offsite runoff around the pond, or else account for it at the full build -out potential. ✓ 3. Please split out the offsite (Outparcel B) drainage and built -upon area from the Home Depot information on page 2 of the,application. %/ 4. Please provide a copy of the extended dry detention pond landscape plan which specifies the vegetation to be planted on the pond's side slopes. ✓ 5. The Division is more interested in limiting built -upon on the outparcels than in allocating shared maintenance costs. Please provide a copy of the proposed deed restrictions for the outparcels to include all required conditions and limitations as found in Sections I and VIlI of the attached document. '1 6. Please relocate the 3" orifice to the expected sediment storage elevation, and IQ"�A provide a plunge pool around the outlet structure to reduce the clogging potential. d 2� The 4" perforated piping can stay to help drawdown the pond completely, but please relocate it at least 18" below the bottom elevation. T Rather than specifying the elevation for sediment removal, it is probably easier to specify that when the depth is reduced to 1.4', it's time to clean out. I like the black arrow painted on the structure- it's a very easy way to tell if cieanout is needed. ✓ 8. Since you are not the president or vice-president of the corporation, please provide a signature authorization from one of those individuals. 'A 14CDENR N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 26405 (910) 395-3900 Fax (910) 350-2004 Customer Service 800-623-7748 -1r. Israel IN'l arch 17. 2003 Storniwater Project No. SWS 030101 ----------------------------------------------- Z 9. Please initial page 4 of the application. r/ 10. Please designate the cnginccr1m,, firm that is doing the storimw ater application in Section Vll on page 4 of the application. Please note that this request for additional information is in response to a preliminary review. The requested information should be received by this Office prior to April 17, 2003, or the application will be returned as incomplete. The return of a project will necessitate resubmittal of all required items, including the application fee. If you need additional time to submit the information, please mail or fax your request for a time extension to the Division at the address and fax number at the bottom of this letter. The request must indicate the date by which you expect to submit the required information. The Division is allowed 90 days from the receipt of a completed application to issue the permit. The construction of any impervious surfaces, other than a construction entrance under an approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject to enforcement action pursuant to NCGS 143-215.6A. Please reference the State assigned project number on all correspondence. Any original documents that need to be revised have been sent to the engineer or agent. All original documents must be returned or new originals must be provided. Copies are not acceptableAf you have any questions concerning this matter please feel free to call me at (910) 395-3900. Sincerely, 'Ja ag� O'Le" Linda Lewis Environmental Engineer RSS/arl: S:1WQSISTORMWATIADDINFO12003103010LMAR03 cc: Linda Lewis Esmail Ghadrdan, P.E. Page 2 of 2 GREENBERG FARROW ARCHITECTURE ENGINEERING DEVELOPMENT 1755 The Exchange, Atlanta, Georgia 30339 tel 770 303.1033 i tax 770.303,2333 www, greenb ergfarro w. com To: NEW YORK. New York CWCAGO, Illinois EALLAS, Texas SOMERSET. New Jersey LOS ANGELES, Calllornia Project. BOSTON, Massa&usells LETTER OF TRH February 7, 2003 ILL- rLa��► U �1 .wexnn eTdLEl�tBug� Bev Rivenberk Dept. of Environment and Natural Resources Division of Water Quality 1617 Mall Services Center Raleigh, NC 27699 The Home Depot - Jacksonville/Western, NC. Project Number: 20010629.8 From: G. Hamilton Williams We are sending you the following enclosures via Air Express - Standard for your use: Copies Date Description 1 Revised Stormwater Management Permit Application (with copy) _ _._._._.... ....... _.........................................--...._._----- --._._........ ................ ...................._.........._.. 1 Operation and Maintenance Agreement 2 Sets of Appropriate drawings dated 12.12.02 2 Revised Hydrology Studies Message Please replace the previously submitted Application, Hydrology Studies and Plan with the enclosed copies. The plans have been sent to make sure the most recent drawings are reviewed. According to our conversation this should keep us in the same time frame of our original submittal. Please contact us if any information is missing or if any problems arise. Thank you. If enclosures are not as noted, please contact sender at once. Copies File 01Transmitrml01.25.00):\Axlmin\2001\2bUtUG29\200lo629TransmlltaiTo NevRiven4N!rk 2_7_2001ADor. City of Jacksonville Public Services Department Engineering TO: LETTER OF TRANSMITTAL Division of Environmental Manavement 127 Cardinal Drive Extension Wilminoon, N.C. 28405 _ ,_• _, _ _ Phone # (910) 395-3900 Linda: WE ARE SENDING YOU _ PRINTS _ COPY OF LETTER DMMM t Date: January 29, 2003 Attn: Ms. Linda Lewis S�OsONVILLE Caring Community CR�'0t Noma 03Gj Ref. Erosion & Sedimentation Home Depot at the intersection of Western Boulevard and U.S. Highway 17.North _ XX ATTACHED _ UNDER SEPARATE COVER XX PLANS _ SPECIFICATIONS XX OTHER copy of the financial responsibility statement THESE ARE TRANSMITTED AS CHECKED BELOW: _ FOR APPROVAL _ AS REQUESTED —FOR REVIEW AND COMMENT XX FOR YOUR USE DOCUMENTS ARE DUE TO BE RETURNED BY: _ PRINTS RETURNED AFTER LOAN TO US _ OTHER REMARKSt Tom Anderson, Construction Specialist COPIES TO: File Post Office Box 128 ♦ Jacksonville, North Carolina 28541 + (910) 938-5249 + TDD# (910) 455-8852 + Fax (910) 938-5366 r FINANCIAL RESPONSIBILITY/OWNERSHIP FORM SEDIMENTATION POLLUTION CONTROL ACT No person may initiate a land -disturbing activity on one or more acres as covered by the Act before this form and an acceptable erosion and sedimentation control plan have been completed and approved by the Land Quality Section, NC Department of Environment, and Natural Resources. (Please type or print and, if question is not applicable, place N/A in the blank). Part A. Projedt Name THE HOME DEPOT 2. Location of land -disturbing activity:. County ONSLOW City or Township JACKSONVILLE. , and Highway/Street WESTERN BLVD . & HWY 17 3. Approximate date land -disturbing activity will be commenced: JUNE 2003 4. Purpose of development (residential, commercial, industrial, etc.): COMMERCIAL 5. Total acreage disturbed or uncovered (including off -site borrow and waste areas): 18.38 6. Amount of fee enclosed $ 2,000 7. Has an erosion and sedimentation control plan been filed? Yes No XX Enclosed XX 8. Person to contact should sediment control issues -arise during land -disturbing activity. Name NICK BESSHO Telephone 6781591-6881 9. Landowner(s) of Record (Use blank page to list additional owners): BENCHMARK DEYELOPMENT CORE, *SEE ADDITIONAL SHEET Namc(s) 239 NEW BRIDGE ST. Current Mailing Address JACKSONVILLE, NC 28540 City State Zip to. Recorded in Deed Book No. 601 Current Street Address City State Zip Page No. 7 24 .fart B. Person(s) or firm(s) who are financially responsible for this land -disturbing activity (Use a blank page to list additional persons or firms): _ HOME .DEPOT- U . S . A . , INC. Name of Person(s) or Firm(s) _877 FRANKLIN ROAD _ Current Mailing Address MARIETTA, GA 30067 city State Zip Current Street Address City State Zip 678-581-8699 Telephone Telephone r" -0 2. (a) If the Financially Responsible Party is not a resident of North Carolina give name and street address of a North Carolina Agent. JIMMY BLACK Naiic 324 W. WENDOVER AVE. #301 Mailing Address GREENSBORO, NC 27408 City State Zip WEAVER GRU AR & BLACK - Street Address City State Zip 336-373-8800 Telephone Telephone 15 /�'II (b) If the Financially Responsible Party is a Partnership or other person engaging in business under an assumed name, attach a copy of the certificate of assumed name. If the Financially Responsible Party is a Corporation give name and street address of the Registered Agent, N/A Name of Registered Agent Mailing Address Street Address City State Zip City State Zip Telephone Telephone The above information is true and correct to the best of my knowledge and belief and was provided by me under oath. (This form must be signed by the financially responsible person if an individual or his attorney -in -fact or if not an individual by an officer, director, partner, or registered agent with authority to execute instruments for the financially responsible person). I agree to provide corrected information should there be any change in the information provided herein. Home Depot U.S.A., Inc., a_ Sr. Corporate Counsel Type or print nameDelaware corp. Title or Authority By :. /- � January 23, 2003 Name: Date Eniay rnroorate Counsel - Real Estate I, __ T, a Notary Public of the County of C' State of , hereby certify that - appeared personally, before me this day and being 4.1 orn acknowledged that the above form was executed by him. Witness my hand and notarial seal, this o2.oC 'day of '20, _ Seal Notary _ Lbicn �Cr,;rt; i<y. troy , y P., ..e'4a1* � Geor• 3 My commission expires "r-"r;f ion Exv,r:)s AuQ. 18, W01, 13 * ADDITIONAL PROPERTY OWNERS Onslow Property P.O. Box 391 Columbus, GA 31902 Deed Book 636 Page-301 Phoebe L. Lanier P.O. Box 1237 Jacksonville, NC 28540 Deed Book 673 Page 336 RECEIVED GREENBERG FARROW ARCHITECTURE ENGINEERING DEVELOPMENT 1755 The Exchange, Atlanta, Georgia 30339 let 770.303.1033 • lax 770.303.2333 www.gfeenberglarrow.com NEW YORK. New York CHICAGO, llllnols SOMERVILLE. New Jersey LOS ANGELES, California SAN FRANCISCO. California Dear Sirs: December 18, 2002 )AN 0 2 2003 DwQ PROD # 803U/0 Department of Environment and Natural Resources Division of Water Quality 1617 Mail Service Center Raleigh, N.C. RE. Stormwater Management Permit Application Form Home Depot — Jacksonville, NC Attached is the Permit Application form and check for the application fee of four hundred twenty dollars for the above -referenced project. Also, included are two copies each of the Hydraulic Calculations for the Storm Water collection system, sedimentation erosion control calculations for the enhanced Grass Swale and extended Dry Detention Basin designed to reduce the total suspended solids (TSS) by eighty five percent. The Pre and Post -developed drainage maps, the Grading and Drainage Plan and the Erosion Control Plan are included for reference. Please review the above and give your approval and/or comments to us. Sincerely, GREENBERG FARROW ARCHITECTURE INC. f;7 Esmail Ghadrdan, P.E. 'L r z �4a'•F�ssrp .�q'% v � a- _ - : SEAL zaaa� - a x 4r p , ... •+ sr�C�` "i,,Z Gt�4,+,.•� Y O Z L. � 01 Lcller 03,22.00 J:\Adinin\2001\2(XlI0629\LETTER. Depl, Of En❑iron. And Natural Resuurees-Pr-rmil Application 12.18d12.Dor GREENBERG FARROW ARCHITECTURE ENGINEERING DEVELOPMENT 1755 The Exchange, Atlanta, Georgia 30339 tel 770.303,1033 1 lax 770.303.2333 www. greenberglarro w, com NEW YORK, Now York CHICAGO, Illinois DALLAS, Texas SOMERSET, Now Jersey LOS ANGELES, California R0570N, MassachuseitS RECEIVED PROD # LETTER OF TRANSMITTAL �(A November 20, 2002 V � 1 �U J To: Ms. Linda Lewis State of North Carolina Department of Environmental and Natural Resources 127 Cardinal Drive Extension Wilmington, NC 28401 Phone: (910) 395-3900 Project: The Home Depot -Jacksonville/Western, NC. NOV 2 12002 Project Number, 20010629.2 DWQ From: Sherif Afifi We are sending you the following enclosures via Air Express - Priority for your use: Copies Date Description 1 11-20-02 Letter — Proposed Home Depot, Jacksonville, NC Storm Water Management Message Ms. Lewis, If you should have any questions or comments please call me at (770) 303-1033. Thanks It enclosures are not as noted, please contact sender at once. Copies File (11 Transmiltol 01.25.001:\Adrnin\2(H)1\20010629\20010629 Tramrin4tai To Ms. Linda Lewis )1_2D_2002A.l)oc GREENBERG FARROW ARCHITECTURE ENGINEERING DEVELOPMENT 1755 The Exchange, Atlanta, Georgia 30339 tel 770.303.1033 • fax 770.303.2333 www.greenbergfarrow.com NEW YORK, New York CHICAGO, Illinois SOMERVILLE, New Jersey LOS ANGELES, California SAN FRANCISCO. California Dear Ms. Lewis: November 20, 2002 State of North Carolina Department of Environmental and Natural Resources 127 Cardinal Drive Extension Wilmington, NC 28401 RE: Proposed Home Depot, Jacksonville, NC Storm Water Management Attached is a preliminary Stormwater Management Permit Application Form, Pre -developed, and Post -developed drainage maps for your information. We are requesting your direction as to your requirements and criteria for our design of the Stormwater Management system. The design of the water quality wet pond is under way to remove solids and the Hydraulic design of the collection and pipe system is in progress, using the Rational Method and the 10-year frequency storm intensity. Is there a requirement for any additional Stormwater Management detention? Please call us when you receive this, either to me or John Fripp at (770) 303-1033 or e-mail to Hwi I I iams@GreenbergFarrow.Com. Sincerely, GREENBERG FARROW ARCHITECTURE INC. S-<_� V" " Sherif Afifi 01 LeAkmr (17.22.00 1:\Admin\2001 \20010G29\20010(,29 Lester To Linda Lewis - ProposE!d Hc)me [7epnl Lester I T_20_2002A.Ooc GREENBERG FARROW ARCHITECTURE ENGINEERING DEVELOPMENT 1755 The Exchange, Mania, Georgia 30339 Eel 770.303,1033 1 lax 770.303.2333 www. gre enberglarro w, com NEW YORK. New York CHICAGO, Illinois DALLAS, Texas SOMERSET, New Jersey LOS ANGELES. California BOSTON. Massaehusetls LETTER OF TRANSNU December 18, 2002 To; Dept. of Environment and Natural Resources / Division of Water Quality v 1617 Mall Services Center Raleigh, NC 27699 Project: The Home Depot - Jacksonville/Western, NC. Project Number: 20010629.8 From: G. Hamilton Williams We are sending you the following enclosures via Air Express - Standard for your use: Copies Date Description 1 Stormwater Management Permit Application (with copy) 2 Sets of Appropriate drawings dated 12.12.02 .........................................................................................................................._....._..._........_..........----._.-.-.-...._.... _ _..._.------- I Application Fee 2 Associated Files and data Message Please contact us if any information has been omitted or with any questions. Thank you. If enclosures are not as noted, please contact sender at once. Copies File J\ 01 Transmilml01.2S,Cxl l;\Admin\2f1(Sl\2(1(170f,29\20U1U619 Transmillal Tn f)epl. Qf Environnvvrl And Nalural R-i)kPrrr-s 12 1H-2002A.lhc b41