SW8071207_CURRENT PERMIT_20220907

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW8 b 11 10-
DOC TYPE
LK] CURRENT PERMIT
❑ APPROVED PLANS
❑ HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
�,b��% 81y 1
YYYYMMDD

ROY COOPER
Governor
ELIZABETHS. BISER
secretary
BRIAN WRENN
Director
September 7, 2022
NORTH CAROLINA
Environmental Quality
Lowe's Home Centers, LLC
Attn: Richard Goodman, ManagerNP Real Estate, Construction and Retail Facilities
1000 Lowe's Blvd
Mooresville, NC 28117
Subject: Permit Renewal
Post -Construction Stormwater Management Permit No. SW8 071207
Lowe's of Jacksonville
Onslow County
Dear Mr. Goodman:
The Division of Energy, Mineral and Land Resources received a complete 8-year Permit Renewal Application for
the subject permit on August 15, 2022. The Division is hereby notifying you that permit SW8071207 has been
renewed, updated, and re -issued on September 7, 2022, as attached. Please be aware that the renewal and re -
issuance of this stormwater permit does not imply that the site is currently in compliance.
This permit shall be effective until December 31, 2029 and does not supersede any other agency permit that may
be required. The project shall be subject to the conditions and limitations as specified therein. This permit does
not impose new or increased stormwater control requirements; it clarifies the rules and requirements of this
program to provide you with a better understanding of your obligations under this permit. Failure to comply with
these requirements will result in future compliance problems. Please note that this permit is not transferable
except after notice to and approval by the Division.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request
an adjudicatory hearing by filing a written petition with the Office of Administrative Hearings (OAH). The
written petition must conform to Chapter 150B of the North Carolina General Statutes and must be filed with the
OAH within thirty (30) days of receipt of this permit. You should contact the OAH with all questions regarding
the filing fee (if a filing fee is required) and/or the details of the filing process at 6714 Mail Service Center;
Raleigh, NC 27699-6714, or via telephone at 919-431-3000, or visit their website at www.NCOAH.com. Unless
such demands are made this permit shall be final and binding.
If you have any questions concerning this permit, please contact Ashley Smith in the Wilmington Regional
Office, at [phone] or [e-mail].
Sincerely, 4
.37;, Brian Wrenn, Director
Division of Energy, Mineral and Land Resources
Enclosures: Attachment C — permitting History
copy of the Renewal Application Documents
DES/ams: \\\Stormwater\Permits & Projects\2007\071207 14D\2022 09 permit 071207
cc:
Wilmington Regional Office Stormwater File
North Carolina Department of Environmental Quality I Division of Energy. Mineral and Land Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215

Post -Construction Stormwater Management
Permit No. SW8 071207
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
POST -CONSTRUCTION STORMWATER MANAGEMENT PERMIT
HIGH DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Lowe's Home Centers, LLC
Lowe's of Jacksonville
Yopp Road, Jacksonville, Onslow County
FOR THE
construction, operation and maintenance of a wet detention pond in compliance with the provisions of
15A NCAC 2H .1000 and Session Law 2006-246 (hereafter referred to as the "stormwater rules and
the NPDES Phase II Post Construction Requirements') and 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 enforceable part of this permit.
This permit shall be effective from the date of issuance until December 31, 2029 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 fora permit modification, transfer, renewal, 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.
I. DESIGN STANDARDS
This permit is effective only with respect to the nature and volume of stormwater described in
the application and other supporting data.
Page 1 of 7

Post -Construction Stormwater Management
Permit No. SW8 071207
q
3.
El
This stormwater system has been approved for the management of stormwater runoff as
described in Section 1.5 of this permit. The subdivision is permitted for one lot and eight
outparcel lots, each allowed built -upon area (BUA) as follows:
Lot / Out arceI No.
Lot Area, ac
Max BUA, s . ft.
Lot #1
14.8
532,000
Outparcel #13
0.84
31,102
Outparcel #14
0.80
29,621
Outparcel #15
0.88
32,583
Outparcel #16
1.07
39,618
Outparcel #17
1.27
47,023
Outparcel #18
1.38
51,096
Out arcel #19
1.72
63,685
Out arcel#20
0.86
31,842
All stormwater collection and treatment systems must be located in either dedicated common
areas or recorded easements. The final plats for the project will be recorded showing all such
required easements, in accordance with the approved plans.
The following design elements have been permitted for this wet detention pond, and must be
provided in the system at all times.
a.
Drainage Area, acres:
23.7
Onsite:
1,031,916
Offsite:
none
b.
Total Impervious Surfaces, ft2:
858,113
Lot #1 (Lowe's)
532,000
Buildings, ft2:
181.650
Roads/Parking, ft2:
314,985
Other, ft2:
34,908
Outparcel #13, ft2:
31,102
Outparcel #14, ft2:
29,621
Outparcel #15, ft2:
32,583
Outparcel #16, ft2:
39,618
Outparcel #17, ft2:
47,023
Outparcel #18, ft2:
51,096
Outparcel #19, ft2:
63,685
Outparcel #20, ft2:
31,842
Offsite, ft2:
none
C.
Pond Depth, feet:
9 (5.2 average)
d.
TSS removal efficiency:
90%
e.
Design Storm:
1.5
f.
Permanent Pool Elevation, FMSL:
15.00
g.
Permitted Surface Area @PP, ft2:
60,208
h.
Permitted Storage Volume, ft3:
114,735
i.
Storage Elevation, FMSL:
16.70
j.
Controlling Orifice:
4" O pipe
k.
Permanent Pool Volume, ft3:
313,693
I.
Forebay Volume, ft3:
57,272
m.
Maximum Fountain Horsepower:
1/2
n.
Receiving Stream / River Basin:
Brinson Creek / White Oak
o.
Stream Index Number:
19-12
p.
Classification of Water Body:
"Sc, NSW'
Page 2 of 7

Post -Construction Stormwater Management
Permit No. SW8 071207
II. SCHEDULE OF COMPLIANCE
The permittee is responsible for verifying that the proposed built -upon area for the entire lot,
including driveways and sidewalks, does not exceed the allowable built -upon area. Once the
lot transfer is complete, the built -upon area may not be revised without approval from the
Division of Energy, Mineral and Land Resources. Both the permittee and the lot owner are
subject to enforcement action for failing to maintain compliance with the built -upon area limit.
If an Architectural Review Board or Committee is required to review plans for compliance with
the BUA limit, the plans reviewed must include all proposed built -upon area. Any approvals
given by the Board do not relieve either the permittee or the lot owner of the responsibility to
maintain compliance with the permitted BUA limit.
3. 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 revised plans and certification in
writing to the Director that the changes have been made.
4. The stormwater management system shall be constructed in its entirety, vegetated and
operational for its intended use, prior to the construction of any built -upon surface.
5. During construction, erosion shall be kept to a minimum and any eroded areas of the system
will be repaired immediately.
6. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to
operation of this permitted facility, a certification must be received from an appropriate
designer for the system installed certifying that the permitted facility has been installed in
accordance with this permit, the approved plans and specifications, and other supporting
documentation. Any deviations from the approved plans and specifications must be noted on
the Certification. A modification may be required for those deviations.
7. If the stormwater system was used as an Erosion Control device, it must be restored to design
condition prior to operation as a stormwater treatment device, and prior to occupancy of the
facility.
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), the 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 permeable pavement, #57 stone area, public trails, or
landscaping material to be considered a permeable surface that were not included in
the approved plans and specifications.
g. Other modifications as determined by the Director.
The facilities shall be constructed, operated and maintained in accordance with the provisions
of this permit, the approved plans and specifications, and the supporting documents attached
to this permit and on file with the Division.
Page 3 of 7

Post -Construction Stormwater Management
Permit No. SW8 071207
10. 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.
11. Prior to the sale of any lot, the following deed restrictions must be recorded:
a. The following covenants are intended to ensure ongoing compliance with State
Stormwater Management Permit Number SW8 071207, as issued by the Division of
Energy, Mineral and Land Resources under NCAC 2H.1000 and Session Law 2006-
246.
b. The State of North Carolina is made a beneficiary of these covenants to the extent
necessary to maintain compliance with the Stormwater Management Permit.
C. These covenants are to run with the land and be binding on all persons and parties
claiming under them.
d. The covenants pertaining to stormwater may not be altered or rescinded without the
express written consent of the State of North Carolina, Division of Energy, Mineral and
Land Resources.
e. Alteration of the drainage as shown on the approved plans may not take place without
the concurrence of the Division of Energy, Mineral and Land Resources.
f. The maximum built -upon area per lot is as follows:
Lot / Out arcel No.
Lot Area, ac
Max BUA, s . ft.
Lot #1
14.8
532,000
Outparcel #13
0.84
31,102
Outparcel #14
0.80
29,621
Outparcel #15
0.88
32,583
Outparcel #16
1.07
39,618
Outparcel #17
1.27
47,023
Outparcel #18
1.38
51,096
Out arcel #19
1.72
63,685
Out arcel #20
0.86
31,842
This allotted amount includes any built -upon area constructed within the lot property
boundaries, and that portion of the right-of-way between the front lot line 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.
Lots within CAMA's Area of Environmental Concern may be subject to a reduction in
their allowable built -upon area due to CAMA regulations.
All runoff on the lot must drain into the permitted system. This may be accomplished
through providing roof drain gutters which drain to the street, grading the lot to drain
toward the street, or grading perimeter swales and directing them into the pond or
street. Lots that will naturally drain into the system are not required to provide these
measures.
Built -upon area in excess of the permitted amount will require a permit modification.
Each lot within the subdivision whose ownership is not retained by the permittee, must
submit a separate Offsite Stormwater Management Permit application package to the
Division of Energy, Mineral and Land Resources and receive a permit prior to any
construction on the lot.
12. A copy of the recorded deed restrictions must be submitted to the Division within 30 days of
the date of recording the plat, and prior to selling lots. The recorded copy must contain all of
the statements above, bear the signature of the Permittee, the deed book number and page
and stamp/signature of the Register of Deeds.
Page 4 of 7

Post -Construction Stormwater Management
Permit No. SW8 071207
13. Decorative spray fountains are allowed in the pond, subject to the following criteria:
a. The minimum permanent pool volume is 30,000 cubic feet.
b. The fountain must draw its water from less than 2' below the permanent pool surface.
C. Separated units, where the nozzle, pump and intake are connected by tubing, may be
used only if they draw water from the surface in the deepest part of the pond.
d. The fountain may not be placed into the forebay.
e. The falling water from the fountain must be centered in the main pond, away from the
shoreline.
f. The maximum horsepower for a fountain in this pond is 1/2 horsepower.
14. The permittee shall at all times provide the operation and maintenance necessary to assure
that all components of the permitted stormwater system function at the design condition. The
approved Operation and Maintenance Plan must be followed in its entirety and maintenance
must occur at the scheduled intervals including, but not limited to:
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
C. Mowing and revegetation of side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and specifications.
f. Debris removal and unclogging of structures, orifice, catch basins and piping.
g. Access to all components of the system must be available at all times.
15. Records of maintenance activities must be kept and made available upon request to
authorized personnel of DEMLR. The records will indicate the date, activity, name of person
performing the work and what actions were taken.
III. GENERAL CONDITIONS
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.
PERMIT RENEWAL. A permit renewal request must be submitted at least 180 days prior to
the expiration date of this permit. The renewal request must include the appropriate
application, documentation and the processing fee as outlined in Title 15A NCAC
02H.1045(3).
3. 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.
4. 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,
Page 5 of 7

Post -Construction Stormwater Management
Permit No. SW8 071207
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.
5. COMPLIANCE. The permittee is responsible for compliance with the terms and conditions of
this permit until the Division approves the transfer request.
a. 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.
b. DIVISION ACCESS. The permittee grants Division Staff permission to enter the
property during normal business hours to inspect all components of the permitted
project.
C. 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.
d. 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
e. 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.
OTHER PERMITS. The issuance of this permit does not preclude the permittee from
complying with and obtaining any other permits or approvals that are required for this
development to take place, as required by any statutes, rules, regulations, or
ordinances, which may be imposed by any other Local, 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 renewed, updated and reissued this the 7th day of September 2022.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Gggin-, 20
BrianW Wrenn, birector
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Permit Number SW8 071207
Page 6 of 7

Post -Construction Stormwater Management
Permit No. SW8 071207
Master Permit No. SW8 071207
Lot # from
Master Permit
Drains to
Pond #
Offsite Permit No.
Date Issued
Offsite Project Name
Allocated
BUA
Proposed
BUA
13
1
31,102
14
1
29,621
15
1
32,583
16
1
39,618
17
1
47,023
18
1
51,096
19
1
63,685
20
1
N/A Pond lot
31,842
Page 7 of 7

Attachment C - Permitting History
Lowe's of Jacksonville
Permit No. SW8 071207
Approval
Date
Permit
Action
BIMS
Version
Description of the Changes
1/28/2008
Original
Approval
1.0
construction, operation and maintenance of a wet detention
pond in compliance with the provisions of 15A NCAC 2H A000
and Session Law 2006-246
1/20/2010
Correction
-
inclusion of an "Offsite Lot Table" to assist in tracking the
outparcel development; The addition of a requirement to submit
a renewal application 180 days before the permit expires; and A
correction to the permit adjudication period from 60 days to 30
days
9/7/2016
Transfer
1.1
from Jemsite Development, LLC to Lowe's Home Centers, LLC
9/7/2022
Renewal
2.0
Expires December 31, 2029

• FeSr+�r
3 2014
Mr. Chris Baker
NCDENR
Wilmington Regional Office
127 Cardinal Drive Ext
Wilmington, NC 28405
Re: Lot 18—Proposed Dialysis Center
Freedom Village Shopping Center
Jacksonville, NC
Dear Mr. Baker,
5vomtrac �It�
V-KNz 15 Tie
Nam,,, Co/� ►c�c,�
33Ct,. C9�i3. Flo � �
Pursuant your meeting with Chris Bailey on January 21, 2014, regarding development of Lot 19[Biotest]
for Freedom Village Shopping Center, we are advising you that we are currently under contract with
Bailey and Associates to purchase Lot 18, for the development of a medical facility. The contract
agreement with Bailey and Associates requires that we share a common driveway. This is shown on the
plans for Lot 19[Biotest]. In addition, we are in the process of completing plans for our project[Dialysis
Center] on Lot I8,which we hope to be complete within the next 30-45 days of this letter. We understand
that an Off -Site Storm water permit is required from the NCDENR for our project. At permitting, we
fiuther understand that the total square footage for the shared drive between Lots 18 and 19 will be split
between the two lots and this will be reflected in each lot's total square footage for each lot's project
permit.
Upon completion of our plans and specifications, our engineer will submit same to NCDENR. Should
there be any questiops or concerns, please feel free to contact me.
LLC
Gray 11illl, Member
Flondo
STATE OF N9RiHEARANNA
COUNTYOF SfyhlnUlit
I certify that the following person personally appeared before me this day, acknowledging to me that to me that he
voluntarily signed the foregoing document for the purpose stated therein and in the capacity
indicated: Mtmotr
Date: 2 3 ZO
MH
M0AKER
Signature of Notary Public: . 11WM
Printed/Typed Name of Notary: I 1
My Commission Expires: o l 1 w i g