SW8010535_COMPLIANCE_20020920

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
DOC TYPE ❑CURRENT PERMIT
❑ APPROVED PLANS
❑ HISTORICAL FILE
COMPLIANCE EVALUATION INSPECTION
DOC DATE-
YYYYMMDD

RE: Lowe's
Subject: RE: Lowe's
Date: Fri, 20 Sep 2002 14:30:45 -0400
From: "Tonia Cox" <[e-mail]>
To: "'Linda Lewis"' <Linda.Lewis@ncmall. net>
I have signed a contract with Cyclone Sweeper to do the initial cleanup of
the three ponds. I have also called Lowe's and left a message for someone
to call me back with a plan for monthly/quarterly cleanup. Cyclone has
given a proposal to do the routine maintenance and I will need to have
Lowe's approve that work -since they are responsible for such expenses.
Cyclone will complete the cleanup as weather permits. Let me know if you
have any further questions.
Tonia Cox
Director of Property Management
Tribek Properties, Inc.
200 Providence Road, Suite 106
Charlotte, NC 28207
704.333.8484 phone
704.333.8485 fax
704.806.0551 mobile
www.tribek.com
-----Original Message -----
From: Linda Lewis [mailto:[e-mail]
Sent: Friday, September 20, 2002 12:08 PM
To: tcoxptribek.com
Subject: Lowe's
Dear Ms. Cox:
Thanks for your call concerning the violations at Lowe's. Please email
me any documents (PDF, Word Perfect, MS Word formats) or any
comments/questions you have concerning this project.
Linda Lewis
1
1 of 1 9/23/2002 8:11 AM

PR
O
PE/T
T/ES
VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED 101 SEP 202002
September 16, 2002
Mr. Rick Shiver
Water Quality Regional Supervisor
North Carolina Department of
Environment and Natural Resources
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Re: Plan of Action for the Notice of Violation of Lot #3, Lowes Project Stormwater Permit
#SW80I0535 Carteret County
Dear Mr. Shiver:
I am in receipt of your September 4, 2002 letter regarding the Notice of Violation for the above
referenced project. For your information, this project was sold and the Permit was transferred to Hominy
Swamp Associates on June 25, 2002. A copy of the fully executed Water Quality Section Costal '
Stormwater Permit Name/Ownership Change Form is attached. By copy of this letter, I am forwarding
this information to a representative of the current owners at the address below:
David Connor
c/o Trammell Crow Company
3737 Glenwood Avenue, Suite 390
Raleigh, North Carolina 27612
[phone], Fax: [phone]
Additionally, I will request that Hominy Swamp Associates provide the necessary pond maintenance and
debris removal. It is my understanding that Ron Cullipher of Stroud Engineering; has already provided
the Designer's Certification immediately after our closing in June. I am also notifying Mike Morton of
Morton Commercial, the general contractor of the project, of this Notice of Violation.
Should you need any additional information, please do not hesitate to call me.
Very truly yours,
Blanton Hamilton, Jr.
Partner
cc: David Connor
Mike Morton
Ron Cullipher
200 Providence Road • SUiIC 106 • Charlotte, North Carohna 28207 • 704/3 33-H,;84'. Fax: 704/333-H485
COMM L-KC/AL NL-AL F S FA fE sERVICES

W q TF�Q
� r
o -c
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
September 4, 2002
CERTIFIED MAIL ##7002 0460 0000 4340 3719
RETURN RECEIPT REQUESTED
Mr. E. Blanton Hamilton, Jr., Vice President
Tribek Management, Inc., Manager of
Southstar Holdings-Morchead City II, LLC
200 Providence Road Suite 106
Charlotte, NC 28207
Dear Mr. Hamilton:
Alan W. Klimek, P.E., Director
Division of Water Quality
Wilmington Regional Office
Subject: NOTICE OF VIOLATION
Lot 3, Lowe's Project
Stormwater Permit No. SW8 010535
Carteret County
On September 3, 2002, Wilmington Regional Office personnel performed a Compliance
Inspection of the project known as Lot 3, Lowe's Project, located off NC 24 across from the
WalMart in Morehead City, Carteret County, North Carolina. The inspection was performed to
determine the status of compliance with Stormwater Permit Number SW8 010535, issued to you
on August 16, 2001.
The project has been found in violation of Stormwater Permit Number SW8 010535,
issued pursuant to the requirements of 15A NCAC 2H.1000. The violations found are:
Section I1.3- The permittee shall at all tunes provide the operation and
maintenance necessary to assure the permitted storntwater system functions at
optimum efficiency. 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:
C. Mowing and revegetation of the side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of the side slopes in accordance with the approved plans and
specifications.
f. Debris removal and unclogging of outlet structure, orifice device, catch
basins and piping.
The slopes of the pond had very sparse vegetation, a few areas of erosion, and
were steeper than 3:1 in many places. The outlet structure had an accumulation of
trash on the grate, and the water level in the pond was still high. The pond is
required to draw down in 2-5 days.
VWX
NCD IR
N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405 [phone] Fax [phone] Customer Service
800-623-7748

Mr. Hamilton
September 4, 2002
Stormwater Permit No. SW8 010535
2. Section IL7- 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 specification must be noted on the
Certification.
Our records indicate that the required designer's Certification has not been
received.
To correct these violations you must :
l . Provide a written "Plan of Action" which outlines the actions you will take to
correct the violations and a time frame for completion of those actions, on or
before September 18, 2002.
2. Perform the required pond maintenance, to include providing a 3:1 slope above
the permanent pool elevation, repair of eroded areas, revegetation, and debris
removal.
Upon satisfactory completion of the maintenance items, provide the designer's
certification.
Failure to provide the "Plan of Action" by September 18, 2002, 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 and criminal penalties, pursuant to NCGS 143-
215.6A.
By copy of this letter to the Carteret 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 Ms. Linda Lewis at (910)
395-3900.
Sincerely,
Rick Shiver
Water Quality Regional Supervisor
RSS:larl S:1WQSISTORMWATINOTICE1010535.SEP
cc: Ron Cullipher, P.E.
Morehead City Building Inspections
Linda Lewis
Central Office

Michael F. Easley, Govemor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
W-Ar��4
O G
r
Alan W. Klimek, P.E., Director
Division of Water Quality
Wilmington Regional Office .µ -
September 4, 2002 -- -
CERTIFIED MAIL -#7002'0460 0000 4340 3719
RETURN RECEIPT REQUESTED
Mr. E. Blanton Hamilton, Jr., Vice'President
Tribek Management, Inc., Manager of
Southstar Holdings -Morehead City II,_LLC
200-Providence Rodd'Suite 106
Charlotte, NC 28207 —w _� - - ----------- --- - -- -- - -
---'S6ject: v 'NOTICE'OF'"OLATION -
:.. --. :Lot 3, Zowe's Project - - -
- - - - 'Stormwater?ermit'No. SW8 010535
Carteret County
- Dear Mr. --Hamilton:-"
On.September'3, 2002,-WiimingtonRegional Office personnel performed a Compliance
Inspection of the -project known as'Lot 3,_Lowe's'Project,.located. off NC'24 across from the
Wa1Mart in Morehead City, -`Carteret County, North, Carolina. 'The inspection was performed to
determine the status of compliance with Stormwater.P.ermitNumber SW8 010535,.issued-to.you
- on.August-16,2001: ,
The project has-been found in violation of Stotmwater Permit Number SWS 010535,
_..... issued pursuant to the requirements of.15A NC -AG 2H_1000. - The'violations found arc.'
1. Section E.3-:The permittee shall a, all times provide the operation aII
'nIalntenallcenecessary,to assIli"C t11� DerrilIFla SID7!!I1!'CI:r'i"S:5I^!]i 12?!1C:! ;iS a.
aptimunz eficiencv. The approved Oporatlol! all Cc' I�LiI1II�!?uf!lC : �i iI+ ! iiLr: i!
- followed it: its entirery and-mainiona' rcr must oc tv, cr_ tiic schcaulcc:
including, but not limited to:
C. A owinc and revegeiarior ✓.` .`1i S!:! ,�'%C'
d. .1n!nzediate repair of e! riac. cI1-ccs.
e. Maintenance of the side sranss i!:.aCCO;Yia!I_ t:"ti: IC a'7> Yc: ,'_-t' lilc!!I5 a!I.'
specca*i ifions.
f Debris renzoval and o
basins ana vi,Dinz.
The slopes of the pond had very soarsP vegetatlor:. a fe« areas or--rosin::.:Mc
'were steeper than 3:1 in many piaces. Th,-: outic—L.sz mcturc had a-n -::Gi: 01
-u-ash on the grate; and t're water JCVCe in the pone v:a c �' :- 1131111. .-.
.ems �:il: i�3
required to draw down in'2-5 days.
N.C. Division o`. Water Quality .27 Carimal Drive Extension �vti�irmmg cn, iv. ..3r� Ca t910j _21Er:.°C., , a Cuszom_,-Selvlce
80; �fiZ3--7d B
- •mot ::• ems.• - - ;i: '+.t' :4•' .m: ...p-•,7.,p'= `7. ;.`'', -'�7 ••h`•3 �'L'.� i<<�.'�:'. - .....-. r_ ran,. _. _. S�j,�:; 'r�

Mr. Hamilton - -
September 4, 2002
Stormwater Permit No. SW8 010535
Section 11.7- 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-pldh and specifications! brid=other:supporting documentation: Aiiy = = —
deviations from the approved plans and specification must be -noted on.the
Certification.
Our records. indicate that -the required designer's- Certification has not been
-received.
'To,correct.these violations.you must : -
_written... .P1ari of.Actian"-which-outlines the -actions you -will -take to��: -
correct -the .violations:and:a:time frame for,completion-of those actions,.on or
.before:Septeziibd18;2002:' . --
2. Perform.the required pond.maintenance,.toinclude providing a.3:1 slope;above
- _ , .-- ---- --- - . -. - - -• �the.permanent pool elevation, repair.of- eroded -areas,-revegetation,.and.debris
:removal.
.3. :Upon satisfactory.completion of -the maintenance items, provide the -designer's
- .certification.. _
_ Eailuretoprovide -the "Plan of.Action"by- September' 8, 2002, or.to,correct.the _.
'violations'bythe.date designated'in the"Plan of Action"., are considered violations of.15ANCAC
2B.1000, and mayresult'in-the'initiation of enforcement.'action which-may'include
-recommendations.for.the assessment- of.civil:and criminal penalties, pursuant -.to NCGS :143-
215.6A. - - - By cony of this letter to the Carteret County:BuildingJnspector, this Office is requesting
that the.Building inspector consider withholding building permits and Certificates of Occupancy
for this.projeci until this matter -is satisfactorily resolved.
If you have any -questions concerning this matter, please call.Ms. L:inda.Lewis at (910)
395-3900.
Sincerely,
Rick Shiver
Water Quality Regional Supervisor
' RS S:1arl.-S:IWQSISTORMWATWOTICE1010535.SEP
cc: Ron Cullipher, P.E.
.Morehead CityBuilding Inspections
Linda'Lewis
Central Office

Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources 'ti
Alan W. Klimek, P.E., Director
Division of Water Quality
Wilmington Regional Office
September 4, 2002 --
-CERTIFIED MAIL #7002 0460 0000 4340 3719 - -- __ - — --- -
RETURN RECEIPT REQUESTED
Mr. E. Blanton Hamilton, Jr., Vice President
Tribelt Management, Inc., Manager of '
SouthstarHolthngs=Morehead City Il,_LLC _
200-Providence Rodd-Suite'106 -
Charlotte, NC 28207
5ribject: NOTICE�OFYIOLATION
Lot;owe's.Praject - - -
- - - - - `Stormwater.P.ermifNo. SW8 010535
Carteret County
- -- - Dear Mr. -Hamilton:
On.Septembe:r 3, 2002,-Wilthington'Re6ional Office personnel performed a Compliance
Inspection of the project Imown as'Lot 3,-Lowe's Project, located.offNC:24 across from -the
Wa1Mart in Morehead City; Carteret Count y,.North-Carcilina. The inspection was performed -to
determine the status of compliance with Stormwater:Permit'Number SW8 010535,assued-to.you
on August'16,2001.
The project has'been found in violation of Stormwater'PermitNumber SWS 010535,
issued pursuant,to_the'reyuirements of.15A NCAC2H.l000.-'-The violations found arc:' -
1. Section I13-.ThePerm ittee shall ai all tinges p7•ovidc the 0'v raliorrr, an
'Maintenance neccssa7y to assin-c the Permd;ed sTorinivaiCi'.",:'S;C71i h!"', ;i.'U7:S a
optinninz a icienry. Tile aID/17I-01-erj �UG'i"I170i1 allf' :}11CilIi1�.^.u'7lCi: l.'i;[ 7iii: i7�
followed-inits eIIII7"e£j%QII(l nlai7ilel?.`7lICC 1 usi oC'1111- a1
Inciudin, , but not Illnited Io:
C. Aloiving and 7"eVCgerarlol: O" !!:_ :Ci:i:^ S:C3I:C'...
d, J7llllledlare repair of eT",f,£lec'
C. MaIntenance O1rt11C SICle doll)^. Ii.-a-croralan='C MI!! Ine Ii77J•` i'f'f_ 1i1ans aliil'
SpeClrl CII t I UT1S. _
i DODI"IS renIQNGTI allC: I11IC10 �71i 0l` 1d Se?Y:C_?1ri
bigsh!S and ni I n c,
he slopes of the pond had very sparse v`rgaiatian . a Imv areas of crosic,.. 1i d
-w r ste per than 3:1-in man} places. %h:. Out', i--lrl : l:I Ilao a-LI ; 11,ul: O
ra§h on the cr-att-.and the tiFff pL411C is L:s Zz.rll: Iil�'1, T1,^ Jvli._-
•required to draw dowel in.2-5 days.
�.�. Division of'Aare: Quai� 27 Cardinal Driva._ xiension Winima:or;, 1J.C..2-e4C`- 9i0' _C'C-_ romer Se;VI;ce
aC1' .a_:.-7748

6wa
FwArFR
`o� Q�
co 7
r
D �
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
- -Wilmington Regional Office
September 4, 2002
CERTIFIED MAIL #7002 0460 0000 4340 3719
RETURN RECEIPT REQUESTED
Mr. E. Blanton Hamilton, Jr., Vice President
Tribek Management, -Inc., Manager of
Southstar Holdings -Morehead City 11, LLC
200 Providence Road Suite 106
-------��_Charlotte, NC 28207
Subject: NOTICE OF -VIOLATION
Lot.3,-Lowe's Project -
Stormwater.Permit No.-SW8-010535
_ Carteret County
Dear Mr. Hamilton:
On September 3, 2002, Wilmington Regional Office personnel, performed a Compliance
_Inspection of the project known as Lot.3, Lowe's Project, located off NC.24.across.from the
WalMart in Morehead City, Carteret County, Narth-Carolina: -The inspectiori Wds pefformed-to -
,� determine the status -of compliance with Stormwater Permit Number SW8 010535, issued'to-you
.- - on August .16; .2001. _
The project has been found in violation of Stormwater Permit'Number.SW8 010535,
-- - - - issued pursuant -to the requirements of-15A NCAC.2H.1000.--TheMolations found -are: .
1. Section E.3- The pernlittee shall at all times provide the operation and
maintenance necessary to assure the permitted stor•mwater system functions at
optimum efficiencv. The approved Operation and Maintenance Plan must be
followed in its entirety and maintenance must occur at the schediiled "intervals
including, but not limited ro:
C. Moivillg and Fevcgelciliorl of the side slopes.
d. Immediate repair ol" eroded areas.
C. Maintenanc., of the side slopes in accordance with the approved plans and
specifications.
f. Debris r-e11101Y.'! and 1I11C10-g11I(_ Of011d0t SIIWMI-C, Orifice device, catch
basins and w/fill"
The slopes of the pond had very sparse vegetation, a few areas of erosion, and
were steeper than 3:1 in many places. The outlet structure had an accumulation of
trash on the grate, and the water level in the pond was still high. The pond is
required to draw down in 2-5 days.
VIM
N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405 [phone] Fax [phone] Customer Service
800-623-7748

Mr. Hamilton _.
September 4, 2002
Stormwater Permit No. SW8 010535
-----------------------------------------------
- ' 2.- - Secti6h-H.7- Upoh_' ompletion 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 far the system installed certifying
that the permitted facility has been installed in accordance with this permit, the
-- - - --- ---- -- —approved plans and -specifications, -and -other supporting docuinentation. Any
deviations from the approved plans and specification must be noted on the
Certification.
Our.records indicate that the required designer's Certification has not been
received.
To correct'.these violations you must.:
-- =- 1.-- ---Provide a written "Plan of Action" which outlines the actions you will, take to
correct the violations and a time frame for completion of those actions, on:or
before September 18, 2002; - - - - -
2. Perform the required pond maintenance, to include providing a.3:1 slope above
the permanent pool elevation, repair of eroded areas, revegetation, and.debris-- - - -
- — — - . removal. - -
3. Upon satisfactory completion of the maintenance items, provide the designer's
certification. - -
.�_.. Failure to provide the•"Plan of Action" by September 18, 2002, 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 and criminal penalties, pursuant to NCGS 143-
215.6A. - -- - - - - - - -- — - -
By copy of this letter to the Carteret 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 Ms. Linda Lewis at (910)
395-3900.
Sincerely,
-�C�Lz_- I
Rick Shiver
Water Quality Regional Supervisor
RSSaarl S:IWQSISTORMWATINOTICE1010535.SEP-
.cc: Ron CulIipher, F.E.
Morehead City Building Inspections
Linda Lewis
Central Office

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p XSPS - -
P�� p - .,Permit No. k0.,
v
• Sender: Please print your name, address, and ZIs.b �•--
_____,�-.-
State of NOrth Carolina
DENR '13F51p`�p .
.I27 CardiriAl Drive Ext.
Wilmington, TIC 28405 (Attn: Bev)
ru-
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item 4 if Restricted Delivery is desired.
Print your name and address on the reverse
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2c:) Pro Vfdegce EC(' sk"
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00 4340
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PS Form 3811,'August 2001 1 t 1 Domestic Return Receipt 102595-02-M-0e35

DETENTION POND ANALYSIS FILE NAME: S:IWQSIPOND1010535.WK1
PROJECT #: SW8 010535 REVIEWER: L.Lewis
PROJECT NAME: Southstar Holdings Commercial Develop. DATE: 16-Aug-2001
Lot 3 Lowe's Tract 980429
Receiving Stream: UT Newport River Class: C Chlorides: n/a
Drainage Basin: White Oak Index No. 21-1
Site Area 3.83 acres
Drainage Area Ez1187;10 00 square feet Area in Acre 2.73
IMPERVIOUS AREAS
Rational C
Buildings
20700.00 square feet
Parking
54100.00 square feet
SW
4150.00 square feet
Connector
2957.00 square feet
Offsite
9500.00 square feet
square feet'
TOTAL
9.140700:'�square feet
SURFACE AREA CALCULATION
% IMPERVIOUS 77.00%
Des. Depth 5.5
TSS: 90
Lowe's Connector Road
Rational Cc= 0.05
SA/DA Ratio 4.99%
Req. SA 5924 sf
Prov. SA 1 ;5967r sf
VOLUME CALCULATION * place a "1" in the box if Rational is used
Rational ?*
Des. Storm
1 Q0 inches
Rv=
0.74
Bottom
10.5 msl
Perm. Pool
F16 _ msl
Design Pool
17.1 msi
Design SA
8260 sf
Req. Volume
7350 cf
Prov. Volume
',7825'cf
ORIFICE CALCULATION
Avg. Head =
0.53 ft
Flow Q2, cfs
0.043 cfs
Flow Q5, cfs
0.017 cfs
No. of Orifices
1,1
Diameter or
_ _..._.. 1.25 in
Weir Dimensions
FOREBAY
Perm, Pool Volume=
Req. Forebay Volume=
Provided Volume=
Percent=
SA @ _
Elevation=
16294
3258.8
-- - 3392.00
Q2 Area = 1.75 in'
Q5 Area = 0.70 in'
Orifice Area 1.23 in
Q= 0.030 cfs
Drawdown 2 ..days
COMMENTS
Surface Area , Volume and Orifice are within Design Guidelines

CERTIFIEDU.S. Postal Service
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