SW3160904_Email Complaint_20240518

Eplin, Jerry W
From: [e-mail]
Sent: Saturday, May 18, 2024 1:46 PM
To: Gillespie, David W
Cc: Eplin, Jerry W
Subject: [External] Can NCDOT Get Developer to Fix Stormwater Runoff Impacting a State-
Maintained Road?
Attachments: Cambridge Properties - Baxley Lane Runoff- 12-11-23 (1)jpg; Cambridge Properties -
Baxley Lane Runoff- 12-11-23 (2)jpg; Cambridge Properties - Baxley Lane Runoff-
12-11-23 (3)jpg; Cambridge Properties - Baxley Lane Runoff- 12-11-23 (4)jpg;
Cambridge Properties - Baxley Lane Runoff- 12-11-23 (5)jpg; Cambridge Properties -
Baxley Lane Runoff- 12-11-23 (6)jpg; Cambridge Properties - Baxley Lane Runoff-
12-11-23 (7)jpg; Cambridge Properties - Baxley Lane Runoff- 12-11-23 (8)jpg;
Cambridge Properties - Baxley Lane Runoff- 12-11-23 (9) Pavement Damagejpg;
Cambridge Properties - Baxley Lane Runoff- 12-11-23 (10) Pavement Damagejpg;
Baxley Lane 5-18-24 1 jpg; Baxley Lane 5-18-24 2jpg; Baxley Lane 5-18-24 3jpg;
Baxley Lane 5-18-24 4jpg
You don't often get email from [e-mail] why this is important
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David,
In April 2024, Jerry Eplin, NCDEQ Mooresville Office, 704-235-2147, who is copied on this email, informed
me that NCDEQ can't do anything else to get the Cambridge Properties developer to fix the storm water
runoff down Baxley Lane, across Baxley Lane, and down NC-16 Business in the Publix shopping center in
Denver, NC.
Although Jerry tried to explain why NCDEQ can't get the developer to fix this problem, I still don't
understand why. This is a post-construction storm water runoff problem which did not exist prior to
this development, and the problem persists today, despite any work that the developer may have
done to try to fix this storm water runoff.
I've enclosed four pictures taken today 5-18-24 which show that the problem still exists.
I have no subject matter expertise in this area, but a storm drain at the end of Baxley Lane where the
water is currently flowing would keep this water from flowing across Baxley Lane, which is a safety
hazard when temperatures are at or below freezing, and down NC-16 Business, which is a
beautification issue every time it rains.
Can NCDOT get the developer to fix this storm water runoff which impacts a state-maintained road?
Patty Korn
Past President and Current Volunteer, Keep Lincoln County Beautiful
Chairperson, Denver Beautification Committee
i

704-451-7313
----- Forwarded Message -----
From: [e-mail] <[e-mail]>
To: David Gillespie <[e-mail]>
Sent: Tuesday, December 12, 2023 at 10:49:32 AM EST
Subject: Can NCDOT Get Developer to Fix Stormwater Runoff Impacting a State-Maintained Road?
Can NCDOT get Jay Priester, President, Cambridge Properties Inc., which developed the shopping
center where Publix is located in Denver, NC, to fix the stormwater runoff which I believe is coming
from the retaining wall near the corner of NC-16 Business and Baxley Lane? This stormwater runoff
is impacting a state-maintained road (NC-16 Business). Jay's contact information is below.
If you are not the right person in NCDOT to help resolve this problem, can you please forward this
email to the right person?
I have been trying unsuccessfully for more than three years to get the developer to fix this public
safety and community beautification problem.
Please see below for more details and pictures.
Patty Korn
Denver Beautification Committee
704-451-7313
----- Forwarded Message -----
From: [e-mail] <[e-mail]>
To: Jay Priester<[e-mail]>
Cc: [e-mail]<[e-mail]>; Zahid Khan <zah id.khan @ncdenr.gov>;
[e-mail] <[e-mail]>; Andrew Bryant <[e-mail]>; Joshua Grant
<[e-mail]>
Sent: Monday, December 11, 2023 at 10:47:47 AM EST
Subject: Cambridge Village - Stormwater Runoff Problem Still Has Not Been Fixed
As can be seen from these pictures taken about 9.30A today 12-11-23, the stormwater runoff
problem at the intersection of NC-16 Business and Baxley Lane still has not been fixed.
I've also included a picture of the other side of NC-16 Business so you can see that it is dry
elsewhere in Denver, NC, but the water is still flowing from the Cambridge Properties development
over the curb, down Baxley Lane, and down NC-16 Business almost to NC-73.
If this water freezes and becomes ice, a driver attempting to stop at this intersection could slide out
onto NC-16 Business.
This is a community beautification issue and a public safety issue which Cambridge Properties has
known about since 11-11-20, Lincoln County Planning and Inspections Department has known
about since 2-11-21 , and NCDEQ has known about since 4-13-21 .
2

Patty Korn
Denver Beautification Committee
704-451-7313
On Monday, November 6, 2023 at 07:47:54 AM EST, [e-mail] <[e-mail]>wrote:
There is no water in the pictures because we haven't had rain in awhile. The pictures were taken
yesterday, Sunday, 11-5-23.
1 hope the storm water runoff problem has been fixed, but it didn't appear to be fixed the last time I
drove by after it rained. I will send pictures the next time I'm able to after it rains.
On Monday, November 6, 2023 at 07:41:26 AM EST, Jay Priester<[e-mail]> wrote:
Patty,
The stormwater that you are referring to has been fixed for many months, which is why there is no water in your
pictures. The pictures of the asphalt are in NCDOT's right of way. I would suggest you reach out to them to discuss
getting that fixed.
C'AMBRIDGE
PROP R I'l F%
John J. Priester, Jr., President
CAMBRIDGE PROPERTIES, INC.
831 E. Morehead Street, Suite 245
Charlotte, NC 28202
(0) 704.333.2393 x108
(F) 704.333.2394
(C) 704.577.7100
From: [e-mail] <[e-mail]>
Sent: Monday, November 06, 2023 7:15 AM
3

To: Stephanie Le <[e-mail]>; Jay Priester <[e-mail]>
Cc: [e-mail]; Zahid Khan <[e-mail]>
Subject: Cambridge Village - Pavement Damage Possibly Due to Storm Water Runoff
Almost three years ago, on 11-11-20 1 reported to Cambridge Properties the storm water runoff from
Cambridge Village shopping center which includes Publix grocery store at 513 Brentwood Road,
Denver, NC 28037. 1 reported this problem to NCDEQ on 4-13-21 . This problem still has not been
fixed.
The water comes from the area near the retaining wall and runs down Baxley Lane and NC-16
Business. After a rain, it will be dry elsewhere in Denver NC, but the water is still flowing down these
roads.
I'm no expert in these matters, but I wanted to share pictures of the pavement damage where the
water flows from Cambridge Village down Baxley Lane and NC-16 Business after it rains. The delay
in fixing this problem may have caused additional damage that now needs to be repaired.
Please let me know when these problems will finally be fixed.
Patty Korn
Denver Beautification Committee
704-451-7313
4

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