SW8980429_Compliance Evaluation Inspection_20180227

Energy, Mineral
Land Resources
ENVIRONMENTAL QUALITY
February 27, 2018
E. Blanton Hamilton, Jr.
Southstar Holdings -Morehead City LLC
101 S. Kings Drive, Suite 200
Charlotte, NC 28204
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
WILLIAM E. (TOBY) VINSON, JR.
Interim Director
Subject: PERMIT INFORMATION UPDATE ACKNOWLEDGEMENT
State Stormwater Management Permit No. SW8 980429
Lowe's Home Improvement Morehead City
Carteret County
Dear Mr. Staley:
The Division of Energy, Mineral and Land Resources hereby acknowledges receipt of the
completed Permit Information Update Form received on November 1, 2017, with your request
to:
❑ Change the name of the project.
❑ Change the legal name of the corporation.
❑ Change the point of contact.
® Change the permittee or POC mailing address.
❑ Other: List any Other Updates here.
The updated information above has been entered into our database and a copy of the Permit
Update form and this letter have been placed into the file. All future correspondence will
reference the above changes. If you have any questions concerning this matter, please contact
any of the stormwater staff in the Wilmington Regional .Office of the Division of Energy,
Mineral and Land Resources at [phone].
Georgette D. Scott
Stormwater Supervisor
Division of Energy, Mineral and Land Resources
Enclosure: Permit Information Update Form
GDS/jc: \\\Stormwater\Permits & Projects\1998 \980429 HD \2018 02 permit_update 980429
cc: Wilmington Regional Office Stormwater File
State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington. NC 28405
910 796 7215

UtMLK USt UNLY
Date Received Fee Paid Permit Number
STATE STORMWATER:
DERMIT INFORMATION UPDATE APPLICATION FORK
There is NO FEE for updating project name or permittee information.
This form is to only to be used by the current penmittee to notify the _n►vision of.,
1) changes to the Point of Contact (signing official) for the current permittee (LLC, Corporation, HOA or POA);
2) changes to the mailing address, phone number or email address of the current permittee;
3) changes to the name of the project; and
4) changes to the legal corporate name as documented by a Name Change or Merger riled with the NCSOS.
A. NEW PERMIT INFORMATION
State Stormwater Permit Number: S w 8 q 80 L4- a q
P
Are you updating
(check all that apply):
If so, please provide the updated information:
❑ Project name
❑ Corporation Name'
❑ Permit Contact Name2.3
❑ Permit Contact Title
21viailing Address3
10 t S, k, s� f i Su 1 a aco, CrNo t to N-Q. �lC
❑ Phone number
❑ Email address
Provide documentation such as a Name Change / Merger filed with the NCSOS.
Provide supporting documentation such as NCSOS tiling. The permit contact's position must be in accordance
with 15A NCAC 02H .10400).
if more than one point of contact or mailing address is being changed, please attach a separate sheet.
B. CERTIFICATION OF PERMITTEE
I, E`�t QPbn VAGr" • the current permittee, hereby notify DEMLR that I am making the changes as listed
in Section A above. I further attest that this application for an update to the permit information currently on file is accurate
and complete to the "owJedge.
Signature:
tdt-esz\ t'1
I, a n�g J . S , a Notary Public for the State of "<=1C*-kX C c3J e I I *A.-
County of 14c)c t21\`okz cC , do hereby certify that E . tit os��^o c� �Ar, + N�o cN !,S
personally appeared before me this the p �-t,. day of dc-� o Qt
execution of the forgoing instrument. Witness my hand and official seal
(Notary Seal)
Notary Signature
My commission expires My Commission Expires 5-22-2018
20 k-1 , and acknowledge the due
NOTARY
PUBLIC
Stormwater Permit Information Update Form Page 1 of 1 May 11, 2017

0G/2G F
Lewis,Linda
From: Anita Shandad <Anita @tribek.com >
Sent: Friday, October 27, 2017 4:03 PM
To: Lewis,Linda
Cc: [e-mail]
Subject: RE: [External] FW: No Name Pizza Fwd: Ruby Tuesday SW Permit SW8 001208
CAUTION; External email, Do not click links or open attachments unless verified. Send all suspicious email as an attachment to
report.spam@nc gov.
Linda
Thanks for explaining. We are overnightirg renewal W you. Apologies fcr the oversight. Our address below has
changed... please update your records accordingly.
Thanks
Anita J. Shandad
Tribek Properties, Inc.
Financial Controller & Property Manager
[e-mail]
101 S. Kings Drive
Suite 200
Charlotte, NC 28204
Cell Phone [phone]
From: Lewis,Linda [mailto:[e-mail]]
Sent: Friday, October 27, 2017 3:36 PM
To: Anita Shandad <[e-mail]>
Cc: [e-mail]
Subject: RE: [External] FW: No Name Pizza Fwd: Ruby Tuesday SW Permit SW8 001208
Anita
The original Lowes development permit under SW8 980429 specified that Outparcel #1 (which is the
Ruby Tuesday property per the maps in the file) was NOT accounted for in the Lowe's stormwater
system and was required to obtain a separate permit upon development.
That particular Ruby Tuesday property obtained a separate permit No. SW8 001208, as they were
required to do. Although the permitted wet detention stormwater system for Ruby Tuesday is adjacent
a portion of one of the permitted SCM's for Lowes, they are permitted to be separate facilities, and
are not shared facilities.
If Mr. Hamilton now desires to bring OP #1 into the 980429 permit and provide treatment for the
runoff generated by the Ruby Tuesday BUA in the permitted Lov' a's stormwater system, then the
980429 permit must be modified to account for that additional runoff and the regulated activity for the
001208 permit must be changed from High Density Wet Pond to High Density Offsite.
Otherwise, the 001208 permit needs to be renewed and the permitted stormwater facility needs to be
restored to design condition.

Energy, Mineral
and Land Resourm
ENVIRONMENTAL QUALITY
May 25, 2016
Mr. Devin Staley, PE
Lowe's Companies, Inc.
1605 Curtis Bridge Rd
Wilkesboro, NC 28697
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
TRACY DAVIS
Director
Subject: Notice of Inspection — Not Compliant
SW8 970415: Lowe's Home Improvement Jacksonville (Western Blvd), Onslow County
SWS 980429: Lowe's Home Improvement Morehead City, Carteret County
SW8 071207: Lowe's Home Improvement Jacksonville (Popp Rd), Onslow .County
Dear Mr. Staley:
On May 24, 2016, the Wilmington Regional Office of the Division of Energy, Mineral and Land
Resources (DEMLR) inspected the above stated Lowe's Home Improvement facilities to determine the
status of compliance with the State Stormwater Management Permit Number SW8 970415, SW8 980429,
and SW8 071207. DEMLR file review and site inspection revealed that the site is not in compliance with
the terms and conditions of this permit. Please find copies of the three completed forms entitled
"Compliance Inspection Report" attached to this letter, which summarizes the findings of the recent
inspection.
As indicated in the attached inspection reports, the following deficiencies must be resolved:
1. General repairs and maintenance to the ponds should be conducted on a semiannual basis and
records kept of maintenance including repair of the spillways, slopes, pond depth, and pipe
systems.
2. Pond dimensions and depth should be evaluated. Findings of the evaluation will determine
maintenance of sediment removal or repair of the ponds.
Please be reminded that it is your responsibility as the permittee of record to submit a completed and
signed Name/Ownership Change Form to the Division of Energy, Mineral and Land Resources 30-60
calendar days prior to making any of the below listed changes. These forms are available on our website
at: httos:Hdeq.nc.gov/about/divisions/enerLrv-mineral••Iand-resources/enerav-mineral-land-
a. An ownership change including the sale or conveyance of the permitted project area in whole or
in part. This does not include the conveyance of subdivided residential lots to individuals which
are made subject to a recorded declaration of covenants and restrictions which contain the
statements required by the stormwater permit;
b. The sale or conveyance of the common areas to a Homeowner's or Property Owner's
Association, subject to the requirements of Session Law 2011-256;
c. Foreclosure proceedings;
d. Filing for Bankruptcy;
e. Dissolution of the partnership or corporate entity. Per NCGS 57D-6-07, a dissolved LLC shall
wind up, which may include continuing the business of the LLC for a period of time. The person
charged with winding up the LLC shall collect the LLC's assets [which include the stormwater
management permit], and distribute the assets as provided in NCGS 57D-6-08(2).
State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources
127 Cardinal Drive Extension I Wilmington, NC 28405
910 796 7215 T 1 910 350 2004 F I bM://nortal.ncdenr.wWweb/lr/

Lowe's Home Improvement
May 25, 2016
f. A name change of the owner / permittee;
g. A name change of the project;
h. A mailing address change of the permittee;
Please be advised that until you submit the required Name/Ownership Change Form to the Division and
receive approval from the Division to transfer the permit, you are required to comply with the terms,
conditions and limitations of the Stormwater Management Permit under Title 15A North Carolina
Administrative Code 2H .1003 and North Carolina General Statute 143-214.7, including the operation
and maintenance of the permitted stormwater system.
Failure to provide the requested information, or to respond to this letter with a plan of action, including a
timeline to resolve the identified deficiencies, are considered violations of the permit. If the requested
information is not submitted to this office, then DEMLR staff will re -inspect the site and may issue a
Notice of Violation. Please also note that any individual or entity found to be in noncompliance with the
provisions of a stormwater management permit or the stormwater rules is subject to enforcement action as
set forth in NCGS 143 Article 21, including the assessment of civil penalties of up to $25,000 per day.
If you have any questions or would like to meet me at the sites, please contact me at the Wilmington
Regional Office, telephone number (910)-796-7314 or via email at [e-mail].
Sincerely,
Brian Lambe
Environmental Specialist
Enc: Compliance Inspection Report x3
�DS\bpl: \\\Stormwater\Permits & Projects\1997\970415 HD\2016 05 CEI deficient 970415
\\\Stormwater\Permits & Projects\1998\980429 HD\2016 05 CEI—deficient 980429
\\\Stormwater\Permits & Projects\2007\071207 HD\2016 05 CEI—deficient 071207
cc: SW8 970415 Current/Outggoing Permittee: (w/ SW8 970415 attachments)
Daniel A. Barrero, President, (;risman Corp.
4967 Brushy Mountain Rd, Moravian Falls, NC 28654
SW8 970415 Property Owner: (w/ SW8 970415 attachments)
Martin Koon, Manager VP Jacksonville LLC & VP Blair, LLC
128 Oakwoods Trace, Wilkesboro, NC N697
SW8 980429 Current/Outgo ingg Permittee: (w/ SW8 980429 attachments)
Blanton Hamilton & Scotf oriz, Mana ers Southstar Holdings —Morehead City, LC
2820 Selwyn Ave, Suite 425, Charlotte,.NG! 28209
SW8 071207 Current/Outgoing Permittee: (w/ SW8 071207 attachments)
Jeffre Flattery ManagerJemsite Development, LLC
2874hestnut Grove Rd, Sparta, NC 28675
James Vannoy and William Vannoy, Managers, Jemsite Development, LLC
PO Box 635, Jefferson, NC 28640
Wilmington Regional Office Stormwater Permit File SW8 970415
Wilmington Regional Office Stormwater Permit File SW8 980429
Wilmington Regional Office Stormwater Permit File SW8 071207
Page 2 of 2

Energy, Mineral
and Land Resources
ENVIRONMENTAL QUALITY
May 11, 2016
Mr. Devin Staley, PE
Lowe's Companies, Inc.
1605 Curtis Bridge Rd
Wilkesboro, NC 28697
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
TRACY DAVIS
Director
Subject: Request for Permit Name/Ownership Change and/or Renewal
SW8 970415: Lowe's Home Improvement Jacksonville (Western Blvd), Onslow County
SW8 980429: Lowe's Home Improvement Morehead City, Carteret County
SW8 071207: Lowe's Home Improvement Jacksonville (Popp Rd), Onslow County
Dear Mr. Staley:
The Division received the enclosed Stormwater Management Permit Information Update Forms on
October 26, 2015, but it appears that the projects are currently not permitted to a Lowe's entity. They are.
currently permitted to others, and need to be transferred to Lowe's Home Centers, LLC because it appears
that Lowe's is the appropriate permittee. This is a different action than the update form because it
transfers permit responsibility from one entity to another rather than just changing the corporate name or.
contact information for an existing permittee (which the Update Form does).
On May 10, 2016, the Wilmington Regional Office of the Division of Energy, Mineral and Land
Resources (DEMLR) conducted file review inspections of the subject projects. The three -file reviews
found the information listed below for each of the three permits. Items 1-7 listed under each permit are
informational, but Item 8 listed under each permit includes a list of items that are needed. Please follow
up on these items, and submit them by Julv 11, 2016. Please note that each project will be inspected on -
site in the near future to determine if there are compliance items that need to be addressed.
Current Permittees and ProiDerty Owners have been cc'd, and their action is needed:
1. All current permittees (as listed in the cc list at the end of this letter) need to submit a
Name/Ownership Change Form (enclosed) to transfer their respective permits to Lowe's
Home Centers, LLC if that is their intention. If they do not apply to transfer their
permits, they will continue to be responsible for them indefinitely. Only information for
the "Current Permittee" is needed from the current permittees. The other information can
be left blank.
2. SW8 970415 is located on land owned by VP Jacksonville, LLC. This entity is neither
the current permittee nor Lowe's. This may be a leased property. VP Jacksonville, LLC
needs to work with Lowe's to determine who the appropriate permittee will be. That
entity needs to apply for the Name/Ownership Change as the Proposed Permittee.
3. SW9 980429 is located on land owned by Southstar Holdings MHC, LLC, et al.
Southstar Holdings MHC, LLC is the current permittee. This may also be a leased
property, and so Southstar Holdings MHC, LLC needs to work with Lowe's to determine
who. the appropriate permittee will be. That entity needs to apply for the
Name/Ownership change as the Proposed Permittee.
Stake of North Carolina I Environmental Quality I Energy, Mineral and band Resol>rces
127 Cardinal Drive Extension I Wilmington, NC 29405
910 796 7215 T 1 910 350 2004 P I htto://vortal.nodenr.cro/web/lr/

May 11, 2016
Stormwater Application No SW8 970415 SW8 980429, SW8 071207
SW8 970415• Lowes of Jacksonville (1255 Western Blvd, Jacksonville, NC 28546)
1. Most Recent Issue Date: 9/3/97
2. Expiration Date: 9/3/07
3. Extension Granted Until: N/A (SL 2009-406 & SL 2010-177 not apply to 1997 permits)
4. Next Expiration Date (after renew): This permit is expired. Since renewal cycle is eight years, it
needs to be renewed twice. The first renewal will bring it up through 9/3/15. The second renewal
will bring it up through 9/3/23. Each renewal is $505, and so the total for this permit's renewal is
$1010.
5. Outgoing Permittee:
a. Permitted Name: Crisman Corporation
b. Corrected Name: Crisman Corp - 1 ne permit was issued to "Crisman Corporation", but
it appears that that was a typo. The NC Secretary of State's Offce's (SoS) 1997 Annual
Report shows that "Crisman Corp" was as the same address as on the permit. A permit
transfer from Crisman Corporation to Crisman Corp is not necessary. It will be a
correction.
c. SoS, Active Corporation? Yes
d. SoS, Current Person:
i. President: Daniel A. Barrero
ii. Vice President: None listed
6. Owner:
a. Owner per County GIS: VP Jacksonville LLC
b. SoS, Current Person: Two Managers Listed
i. VP Blair, LLC (Martin D. Koon is the only manager of this entity)
ii. Martin D. Koon
7. Incoming Permitee: Lowe's Home Centers, LLC
a. NC Secretary of State (SoS), Active Corporation? Yes
b. SoS, Current Person: The Articles of Incorporation show that it is manager -managed.
The managers are:
i. Ricky D. Damron
ii. Robert F. Hull, Jr.
iii. Ross McCanless
iv. Robert A. Niblock
c. Update Form Signed by: M. Devin Staley, PE, Manager — Civil Design
8. Items Needed: Please note that all signatures must be original, and all forms must be signed by
an individual with signature authority:
a. Renewal Application: Please submit a form signed by Damron, Hull, McCanless, or
Niblock. Or, submit a letter from one of these individuals delegating authority to Staley
if Staley signs the Renewal Application.
b. $1010 renewal fee
c. Name/Ownership Change Form
i. Outgoing Permittee: Please submit a form signed by Barrero.
ii. Incoming Permittee: Please submit a form signed by Damron, Hull, McCanless,
or Niblock. Or, submit a letter from one of these individuals delegating authority
to Staley.
iii. $0 transfer fee because this is the first transfer
d. Deed (for permit transfer and/or lease documentation)
e. Designer's Certification (PE Certification): Per Permit Section 11(5)
f. Deed Restrictions: N/A, this project is not permitted as a subdivision
g. Operation and Maintenance Agreement (O&M): N/A, this document is already on file
Page 2 of 6

May 11, 2016
Stormwater Application No. SW8 970415, SW8 980429, SW8 071207
h. Lcas::
'i. If the owner leases the land to another entity and the lease shows that that entity
has the responsibility for the items covered by the permit such as the construction
of impervious area, then please also submit:
1. The applicable portion of the lease agreement
2. Applications signed by the leasee
ii. If the owner does not lease the land to the incoming permittee, please clarify the
connection between the owner and the incoming permittee.
SW8 980429: Lowes at Morehead City (5219 US-70. Morehead Citv, NC 2855
1. Most Recent Issue Date:
a. Original Permit: 9/2/99
'b. Plan Revision: 3/8/06
c. Renewal: 7/9/13
2. Expiration Date: 7/12/21
3. Extension Granted Until: N/A (SL 2009-406 & SL 2010-177 not apply to 1998 permits)
4. Next Expiration Date (after renew): N/A, renewal is not needed.
5. Outgoing Permittec:
a. Permitted Name: Southstar Holdings — Morehead City, LLC
b. NC Secretary of State (SoS), Active Corporation? Yes
c. SoS, Current Person: Two Managers Listed:
i. E. Blanton Hamilton, Jr
ii. Scott C. Bortz
6. Owner:
a. Owner per County GIS: Southstar Holdings MHC, LLC, et al
iii. It appears that the County GIS just abbreviated the official corporation name.
There is no "Southstar Holdings MHC, LLC" listed on the SoS's website. It does
not appear that this is a transfer to a separate entity.
iv. If the deed shows that the property is now owned by more than one entity, then
please submit a Name/Ownership Change to transfer the permit into all entities'
names.
b. SoS, Current Person: Same as above
7. Incoming Permitee: Lowe's Home Centers, LLC
a. NC Secretary of State (SoS), Active Corporation? Yes
b. SoS, Current Person: The Articles of Incorporation show that it is manager -managed.
The managers are:
i. Ricky D. Damron
ii. Robert F. Hull, Jr.
iii. Ross McCanless
iv. Robert A. Niblock
c. Update Form Signed by: M. Devin Staley, PE, Manager — Civil Design
8. Items Needed: Please note that all signatures must be original, and all forms must be signed by
an individual with signature authority:
a. Name/Ownership Change Form
i. Outgoing Permittee: Please submit a form signed by Hamilton or Bortz.
ii. Incoming Permitee: Please submit a form signed by Damron, Hull, McCanless,
or Niblock. Or, submit a letter from one of these individuals delegating authority
to Staley.
iii. $0 transfer fee because this is the first transfer
Page 3 of 6

May 11, 2016
Stormwater Application No SW8 970415, SW8 980429, SW8 071207
b. Deed (for permit transfer and/or lease documentation): Please note that County records
show that this land is owned by "Southstar Holdings MHC, LLC, et al". If there is more
than one owner on the deed please contact me, and we can discuss it further.
c. Designer's Certification (PE Certification): N/A, this document is on file (6/10/13)
d. Deed Restrictions: Needed per Permit Section II (13), see the 1999 permit
e. Operation and Maintenance Agreement (O&M): N/A, his document is already on file
(7/6/98)
f. Lease:
i. If the owner leases the land to another entity and the lease shows that that entity
has the responsibility for the items covered by the .permit such as the construction
of impervious area, then please also submit:
1. The applicable portion of the lease agreement
2. Applications signed by the leasee
ii. If the owner does not lease the land to the incoming permittee, please clarify the
connection between the owner and the incoming permittee.
SW8 071207: Lowes of Jacksonville, (425 Youp Rd, Jacksonville, NC 28540
1. Most Recent Issue Date:
a. Original Permit: 1/28/08
b. Correction: 1/20/10
2. Expiration Date: 1/28/2018
3. Extension Granted Until: 12/31/21 (per SL 2009-406 & SL 2010-177- not previously issued)
4. Next Expiration Date (after renew): N/A, renewal is not needed
5. Outgoing Permittee:
a. Permitted Name: Jemsite Development, LLC
b. NC Secretary of State (SoS), Active Corporation? Yes
c. SoS, Current Person: The Articles of Incorporation show that it is manager -managed.
The managers are:
a. Jeffrey E. Flattery
b. James M. Vannoy
c. William E. Vannoy
6. Owner:
a. Owner per County GIS: Lowes Home Centers Inc.
b. Note: It appears that "Lowes Home Centers, Inc." and "Lowes Home Centers, LLC"
merged recently and that the LLC was the surviving entity. However, the documentation
on the SoS's website is unclear. The Articles of Merger show that "LCI DE, LLC"
merged with "Lowes Home Centers, LLC" and that "Lowes Home Centers, LLC" was
the survivor. Please clarify and provide documentation that "Lowes Home Centers, Inc."
merged into "Lowes Home Centers, LLC".
7. Incoming Permitee: Lowe's Home Centers, LLC .
a. NC Secretary of State (SoS), Active Corporation? Yes
b. SoS, Current Person: The Articles of Incorporation show that it is manager -managed.
The managers are:
iii. Ricky D. Damron
iv. Robert F. Hull, Jr.
v. Ross McCanless
vi. Robert A. Niblock
c. Update Form Signed by: M. Devin Staley, PE, Manager — Civil Design
Page 4 of 6

May 11, 2016
Stormwater Application No. SW8 970415 SW8 980429, SW8 071207
rI
M
8. Items Needed: Please note that all signatures must be original, and all forms must be signed by
an individual with signature authority:
a. Name/Ownership Change Form
i. Outgoing Permittee: Please submit a form signed by Flattery, J. Vannoy, or W.
Vannoy.
ii. Incoming Permittee: Please submit a form signed by Damron, Hull, McCanless,
or Niblock. Or, submit a letter from one of these individuals delegating authority
to Staley.
iii. $0 transfer fee because this is the first transfer
b. Deed (for permit transfer and/or lease documentation)
c. Designer's Certification (PE Certification): N/A, this document is on file (1/28/08)
d. Deed Restrictions: N/A, this document is on file (BK 3j 59/ PG 384-387)
e. Operation and Maintenance Agreement (O&M): N/A, this document is on file (1/31/14)
f. Lease:
i. If the owner leases the land to another entity and the lease shows that that entity
has the responsibility for the items covered by the permit such as the construction
of impervious area, then please also submit:
1. The applicable portion of the lease agreement
2. Applications signed by the leasee
ii. If the owner does not lease the land to the incoming permittee, please clarify the
connection between the owner and the incoming permittee.
Any individual or entity found to be in noncompliance with the provisions of a stormwater management
permit or the stormwater rules is subject to enforcement procedures as set forth in NCGS 143 Article 21.
Failure to provide the requested information, or to respond to this letter by the due date, may initiate
enforcement action including the assessment of civil penalties.
Additionally, for your records, effective August 1, 2013, the State Stormwater program was transferred
from the Division of Water Quality (DWQ) to the Division of Energy, Mineral and Land Resources
(DEMLR). All pievious references to DWQ will remain in older stormwater permits issued prior to
August 1, 2013 until they are modified. Please note that this letter references DEMLR as the Division
responsible for issuance of the permit. Additionally, the department was renamed from the Department of
Environment and Natural Resources (DENR) to the Department of Environmental Quality (DEQ).
Please reference the State assigned application number on all correspondence. if you have any questions
concerning this matter, please feel free to call me at [phone] or email me at
kelly p johnson&cdenr.gov.
Engineer
GDS- pj: %Stormwater\Permits & Projects\1997\970415 HD\2016 05 addinfo 970415
%Stormwater\Permits & Projects\1998\980429 HD\2016 05 addinfo 980429
%Stormwater\Permits & Projects\2007\071207 HD\2016 05 addinfo 071207
Page 5 of 6

May 11, 2016
Stormwater Amlication_No SW8 970415 SW8 980429, SW8 071207
�•e
enc : All Three Permits: Name/Ownership Change Form
SW8 970415 Permit Update Form, 10/26/15
SW8 970415 Permit
SW8 970415 Onslow County GIS, ownership data 5/10/16
SW8 970415 NC Secretary of State Documentation
SW8 980429 Permit Update Form, 10/26/15
SW8 980429 Permits
Original Permit: 9/2/99
Plan Revision: 3/8/06 (unsigned only, original lost from file)
Renewal: 7/9/13
SW8 980429 Carteret County GIS, ownership data 5110116
SW8 980429 NC Secretary of State Documentation
SW8 071207 Permit Update Form, 10/26/15
SW8 071207 Permit, 1720110
SW8 071207 Onslow County GIS, ownership data 5/10/16
SW8 071207 NC Secretary of State Documentation
cc: SW8 970415 Current/Outgoing Permittee: (w/ SW8 970415 attachments)
Daniel A. Barrero, President, Crisman Corp.
4967 Brushy Mountain Rd, Moravian Falls, NC 28654
SW8 970415 Property Owner: (w/ SW8 970415 attachments)
Martin Koon, Manager, VP Jacksonville, LLC & VP Blair, LLC
128 Oakwoods Trace, Wilkesboro, NC 28697
SW8 980429 Current/Outgoing Permittee: (w/ SW8 980429 attachments)
Blanton Hamilton & Scott Bortz, Managers, Southstar Holdings — Morehead City, LLC
2820 Selwyn Ave, Suite 425, Charlotte, NC 28209
SW8 071207 Current/Outgoing Permittee: (w/ SW8 071207 attachments)
Jeffrey Flattery, Manager, Jemsite Development, LLC
2874 Chestnut Grove Rd, Sparta, NC 28675
James Vannoy and William Vannoy, Managers, Jemsite Development, LLC
PO Box 635, Jefferson, NC 28640
Wilmington Regional Office Stormwater Permit File SW8 970415
Wilmington Regional Office Stormwater Permit File SW8 980429
Wilmington Regional Office Stormwater Permit File SW8 071207
Page 6 of 6

State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STATE STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM
I. CURRENT PERMIT INFORMATION
1. Stormwater Management Permit Number: j�z qo"q
2. Project Name:
3. Current Permit Holder's Company Name/Organization:
4. Signing Official's Name:
5. Mailing Address:
City:
6. Phone:
Title:
State: Zip:
Fax: (_�
II. PROPOSED PERMITTEE / OWNER / PROJECT / ADDRESS INFORMATION
This request is for: (please check all that apply)
❑ Name change of the owner (Please complete Items 1, 2 and 3 below)
❑ Name change of project (Please complete Item 5 below)
❑ Change in ownership of the property/company (Please complete Items 1, 2, 3, and 4 below)
❑ Mailing address / phone number change. (Please complete Item 4 below)
❑ Other (please explain):
1. Proposed permittee's company name/organization:
2. Proposed permittee's signing official's name:
3. Proposed permittee's title:
4. Mailing Address:.
City:
Phone: (_j
5. New Project Name to be placed on permit:
State: Zip:
Fax:
Please check the appropriate box. The proposed permittee listed above is:
❑ HOA or POA (Attach documentation showing that the HOA or POA owns, controls, or has a
recorded easement for all areas that contain stormwater system features. Print name of HOA or
POA in #1 above and provide name of HOA/POA's authorized representative in #2 above)
❑ The property owner
❑ Lessee (Attach a copy of the lease agreement and complete Property Owner Information on
page 4)
❑ Purchaser (Attach a copy of the pending sales agreement. Final approval of this transfer will be
granted upon receipt of a copy of the recorded deed)
❑ Developer (Complete Property Owner Information on page 4)
SSW N/O Change Rev24Sept2012 Page 1 of 4

III. REQUIRED ITEMS
A request to transfer a permit will not be approved by the Division of Water Quality (DWQ) unless all
of the applicable required items listed below are included with the submittal. Failure to provide the
listed items may result in processing delays or denial of the transfer.
1. This completed and signed form. This certification must be completed and signed by both the
currertt permit holder and the new applicant if this tis a change of ownership.
2. Legal documentation of the property transfer to a new owner.
3. A copy of any recorded deed restrictions, covenants, or easements, if required by the permit.
4. The designer's certification (DWQ Engineer arid Designer Certification Forms are available from
each DWQ Regional office), if required by the permit and if not already submitted to DWQ.
5. If the proposed permittee is a firm, partnership, association, institution, corporation, limited liability
company, or other corporate entity, provide documentation showing the authority of the named
representative to act on behalf of the proposed permittee.
6. The $40.00 required.
Subse Subsequent this
owne shipinitial
transfers will require the $4inal 0 00 processing ermittee the r feessing
fee is not required. q
IV. CURRENT PERMITTEE'S CERTIFICATION
Please check one of the following statements and fill out the certification below that statement--
7 Check here if the current permittee is only changing his/her/its name, the project the name, ormailingailing
address, but will retain the permit. I,
permittee, hereby notify the DWQ that I am changing my name and/or I am changing my mailing
address and/or I am changing the name of the permitted project. I further attest that this application
for a name/ownership change is accurate and complete to the best of my knowledge. I understand
that if all required parts of athis bove arepinot included, this apion are not plication packaor if all geuweldbe supporting
information
and attachments listed
incomplete.
❑ Check here if current permittee is transferring the property to a new owner and will not retain
ownership of the permit.
I ,the current permittee, am submitting this application
for a transfer of ownership for permit # I hereby notify DWQ of the sale or
other legal transfer of the stormwater system associated with this permit. I have provided a copy of
the most recent permit, the designer's certification for each BMP, any recorded deed restrictions,
covenants, or easements, the DWQ approved plans and/or approved as -built plans, the approved
operation and maintenance agreement, past maintenance records, and the most recent DWQ
stormwater inspection report to the proposed permittee named in Sections II and V of this form. I
further attest that this application for a name/ownership change is accurate and complete to the best
of my knowledge. I understand that if all required parts of this application are not completed or if all
required supporting information and attachments listed above are not included, this application
package will be returned as incomplete. I assign all rights and obligations as permittee to the
proposed permittee named in Sections II and V of this form. I understand that this transfer of
ownership cannot be approved by the DWQ unless and until the facility is in compliance with the
permit.
Signature: Date:
, a Notary Public for the State of
County of , do hereby certify that
personally appeared before me this the
day of , 20 , and acknowledge the due execution of the
forgoing instrument. Witness my hand and official seal, (Notary Seal)
Notary Signature
SSW N/O Change Rev24Sept2012 Page 2 of 4

V. PROPOSED PERMITTEE CERTIFICATION: (This section must be completed by the
Proposed Permittee for all transfers of ownership)
I, , hereby notify the DWQ that I have acquired
through sale, lease or legal transfer, the responsibility for operating and maintaining the permitted
stormwater management system, and, if applicable, constructing the permitted system. I
acknowledge and attest that l have received a copy of: (check all that apply to this permit)
H
the most recent permit
the designer's certification for each BMP
❑ any recorded deed restrictions, covenants, or easements
❑ the DWQ approved plans and/or approved as -built plans
❑ the approved operation and maintenance agreement
Epast maintenance records from the previous permittee (where required)
DWQ stormwater inspection report showing compliance within 90 days prior to this transfer
have reviewed the permit, approved plans and other documents listed above, and I will comply with
the terms and conditions of the permit and approved plans. I acknowledge and agree that I will
operate and maintain the system pursuant to the requirements listed in the permit and in the
operation and maintenance agreement. I further attest that this application for a name/ownership
change is accurate and complete to the best of my knowledge. I understand that if all required parts
of this application are not completed or if all required supporting information and attachments listed
above are not included, this application package will be returned as incomplete.
Signature:
Date:
I, , a Notary Public for the State of
, County of , do hereby certify that
personally appeared before me this the
day of , 20 , and acknowledge the due execution of the
forgoing instrument. Witness my hand and official seal,
(Notary Seal)
Notary Signature
Additional copies of the original permit and the approved Operation and Maintenance agreement can
be obtained from the appropriate Regional Office of the Division of Water Quality.
This completed form, including all supporting documents and processing fee (if required), should be
sent to the appropriate Regional Office of the North Carolina Department of Environment and Natural
Resources, Division of Water Quality, as shown on the attached map.
Please note that if the Proposed Permittee listed above is not the property owner, the property owner
must complete and sign page 4 of this document. Both the lessee / developer and the property
owner will appear on the permit as permittees.
SSW N/O Change Rev24Sept2012 Page 3 of 4

VI. PROPERTY OWNER CONTACT INFORMATION AND CERTIFICATION
If the Proposed Permittee listed in Sections ll and V of this form is not the Property Owner, the
Property Owner must provide his/her Contact Information below and sign this form:
Printed Name:
Organization:
Title within the Organization:
Street Address:
City:
Mailing Address:
City:
Phone:
Email:
State:
(if different from street address)
State:
Fax:
Zip:
Zip:
I certify that I own the property identified in this permit transfer document and have given permission
to the Proposed Permittee listed in Sections II and V to develop and/or, lease the property. A copy
of the lease agreement or other contract, which indicates the party responsible for the construction
and/or operation and maintenance of the stormwater system, has been provided with the submittal.
As the legal property owner I acknowledge, understand, and agree by my signature below, that I will
appear as a permittee along with the lessee/developer and I will therefore share responsibility for
compliance with the DWQ Stormwater permit. As the property owner, it is my responsibility to notify
DWQ by submitting a completed Name/Ownership Change Form within 30 days of procuring a
developer, lessee or purchaser for the property. I understand that failure to operate and maintain the
stormwater treatment facility in accordance with the permit is a violation of NC General Statute
(NCGS) 143-215.1, and may result in appropriate enforcement action including the assessment of
civil penalties of up to $25,000 per day, pursuant to NCGS 143-215.6.
Signature of the property owner
Date:
a Notary Public for the State of
County of , do hereby certify that
personally appeared before me this the
day of , 20 , and acknowledge the due execution of the
forgoing instrument. Witness my hand and official seal,
(Notary Seal)
Notary Signature
SSW N/O Change Rev24Sept2012 Page 4 of 4

9w
g qi CN �-ac�
ENGINEERING & CONSTRUCTION
1605 Curtis Bridge Road, Wilkesboro, NC U.S.A 28697
October 19, 2015
Georgette D. Scott
Stormwater Supervisor
Division of Energy, Mineral, and Land Resources
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: Permit Information Update Forms
Lowe's Home Centers, LLC
Dear Ms. Scott:
Enclosed you will find executed Permit Information Update Forms for the following Lowe's
projects:
• /owe's of Cape Carteret, NC-"
--- • Lowe's of Morehead City, NC - Grp i 90 r7
• V Lowe's of Shallotte, NC -- 5 k5-9 `,i yI df 6
• Lowe's of Jacksonville, NC (Popp Road)
• VLowe's of Southport, NC Gc-, 9'
• fLowe's of Wilmington, NC - 5 k , C' 06 f
• /Lowe's of Jacksonville, NC (Western Boulevard) -'-' ✓ r �' - �3��'% "�
If you have any questions, or need additional information concerning this matter, please contact
me at 336-658-4347.
Kindest Regards,
M. Devin Staley,
Lowe's Companies, Inc.
r
r14�.
� o
a ��
y fi.V:'ufm-
s
13Y;

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
STORMWATER MANAGEMENT PERMIT INFORMATION UPDATE FORM
This form is only to be used by the current permittee to: 1) change the Point of Contact (signing official) for
the current permittee (LLC, Corporation, HOA or POA); 2) change the mailing address, phone number or email
address of the current permittee; 3) change the name of the project; and 41 change the legal corporate name
as documented by a Name Change filed with the NCSOS. For all transfers of the permit to a NEW OWNER
(including dissolution of the current permittee corporation or LLC and the transfer of assets to a new
corporation or LLC), please complete the "Permit Transfer Form".
I. CURRENT PERMIT INFORMATION
1. Stormwater Management Permit Number: SW8 980429
2. Project Name: Lowe's of Morehead City, NC
3. Current / Previous Corporation Name: Lowe's Home Centers Inc.
4. Current Permit Holder's Company Name/Organization: Lowe's Home CentersI I C
5. Signing Official's Name: Stewart Scott Title: VP - Engineering/Construction
Phone: ( 336) 658-4000 Fax: (
II. NEW PERMIT INFORMATION
Request the following information be updated: (Please check all that apply. If more than one point of contact or mailing
address is being changed, please attach a separate sheet.)
❑ Project Name — (Complete Item 9.below)
❑X Corporation Name — (Complete Item 2 below and provide the Name Change fil*th. the NCSOS)
❑ Point of Contact (i.e., Signing Official, Property Owner, LLC Manager, HOA/PO resjt�r1t/r in
(Complete Items 3 & 4 below and provide a copy of supporting documentation s as NCSOS filing)
❑ Mailing Address / Phone Number/ Email Address — (Complete Item 5, 6, or 7 be7#, as applicable)
1. New Project Name:
2. New Corporation Name: Lowe's Home Centers LLC
3. New Point of Contact Name: M. Devin Staley PE
4. New Point of Contact Title: Manager - Civil Design
5. New Mailing Address:
City:
State:
6. New Phone: L_) New Fax: (__)
7. New Email Address: devin d staleyA-lowes com
Apt./Suite#
_ Zip:
III. CURRENT PERMITTEE'S CERTIFICATION
I, Stewart Scott , the current permittee, hereby notify DEMLR that I am making the above
noted changes as listed in Section II. I further attest that this application for an update to the permit information
currently on file is urat co plet .to the best of my knowledge. 04,
Signature: Date:
►�t�� -,a Notary Public for the State of Gr tad >i �---
County of W a %Vr-� —,do hereby certify that
personally appeared before me this the `_1 day of 0 Jn � , 20,h, and acknowledge the
due execution of the forgoing instrument. Witness my hand and official seal,
My commission expires -)"D 1-,-a 61 'l
Notary Signature MELISSA RICHARDSON
Notary Public, North Carolina
Wilkes County
My Commission Expires
February R0, 2017

State of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Division of Water Quality
September 2, 1999
Mr. Blanton Hamilton, Member
Southstar Holdings -Morehead City, LLC
200 Providence Road, Suite 106
Charlotte, NC 28207
Nam
A
N%*t1.'4'DENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NAnmAL RESOURCES
Subject: Permit No. SW8 980429
Lowe's of Morehead City
High Density Stormwater Project
Carteret County
Dear Mr. Hamilton:
The Wilmington Regional Office received a complete Stormwater Management Permit Application for Lowe's of Morehead
City on July 1, 1999. Staff review of the plans and specifications has determined that the project, as proposed, will comply
with the Stormwater Regulations set forth in Title 15A NCAC 2H. I000t We are forwarding Permit No. SW8 980429 dated
September 2, 1999, for the construction of Lowe's of Morehead City. _ _ --=
This permit shall be effective from the date of issuance until July 12, 2009, and shall be subject to the conditions and
limitations as specified therein. Please pay special attention to the Operation and Maintenance requirements in this permit.
Failure to establish an adequate system for operation and maintenance of the stormwater management system will result in
future compliance problems.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right' to request an
adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in
the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office
of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall
be final and binding.
If you have any questions, or need additional information concerning this matter, please contact Linda Lewis, or me at (910)
395-3900.
Sincerely,
Rick Shiver
Water Quality Regional Supervisor
RSS/arl: S:1WQSISTORMWATIPERMIT1980429.JUL
cc: Perry McCutcheon, P.E.
Katrina Marshall, Carteret County Inspections
Linda Lewis
Wilmington Re'gionai Office
Central Files
127 Cardinal Dr. Ext, Wilmington, North Carolina 28405 Telephone 91"95-3900 FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

State Stormwater Management Systems
Permit No. SW8 980429
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE 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
Southstar Holdings Morehead 4City, LLC
Lowe's of Morehead City_
Carteret County
I • ' sl
construction, operation and maintenance of 3 detention ponds and 3 wetland systems in compliance with the provisions of
15A NCAC 211.1000 (hereafter referred to as the "stormwater rules' and the approved stormwater management plans and
specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and
considered a part of this permit.
This permit shall be effective from the date of issuance until July 12, 2009, and shall be subject to the following specified
conditions and limitations:
I. DESIGN STANDARDS
1. This permit is effective only with respect to the nature and volume of stormwater described in the application and
other supporting data.
2. This stormwater system has been approved for the management of stormwater runoff as described on. page 3 of this
permit, the Project Data Sheet. The stormwater control system has been designed to handle the runoff from 1,567,635
square feet of impervious area.
Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the
permit.
4. The tract and Outparcels will be limited to the amount of built -upon area indicated on pap 3 of this permit, and per
approved plans.
5. Outparcels 1 and 2 must submit a separate Stormwater Management Permit Application prior to development. These
outparcels were not included in the design calculations for either the ponds or wetland systems.

Project Name:
Permit Number:
Location
Applicant:
Mailing Address:
Application Date:
Water Body Receiving Stormwater Runoff
Classification of Water Body:
If Class SA, chloride sampling results:
Pond System No.
Pond Depth, feet:
Permanent Pool Elevation, FMSL:
Total Impervious Surfaces, ft2:
Outparcels, #/ft2:
Buildings, ft2:
Parking/Street, ft2:
Other, ft2:
Offsite Area entering Pond, ft2:
Required Surface Area, ft2:
Provided Surface Area, ft2:
Required Storage Volume, ft3:
Provided Storage Volume, ft3:
Temporary Storage Elevation, FMSL:
Controlling Orifice, pipe:
State Stormwater Management Systems
Permit No. SW8 980429
DIVISION OF WATER QUALITY
PROJECT DESIGN DATA SHEET
Lowe's of Morehead City
SW8 980429
Carteret County
Mr. Blanton Hamilton, Member
Southstar Holdings -Morehead City, LLC
200 Providence Road, Suite 106
- Charlotte, NC 28207
April 17, 1998
Newport Rive`r_WHO 21-17)
"SA"
53 ppm
Pond 1 Pond 2
Pond 3
6.5 4
4
12 12
14
255,600 96,268
127,470
94 @46,174 #3 @82,449
---
5,989 ---
114,738
200,609 13,819
6,693
10,002 ---
6,039
None, per Engineer
13,292 8,437
11,167
16,446 20,164
17,567
20,997 7,692
10,195
37,110 42,252
18,854
14 14
15
211D 2.5"D
211D
J
3

State Stormwater Management Systems
Permit No. S W8 980429
DIVISION OF WATER QUALITY
PROJECT DESIGN DATA SHEET
Project Name:
Lowe's of Morehead City
Permit Number:
SW8 980429
Location:
Carteret County
Applicant:
Mr. Blanton Hamilton, Member
Mailing Address:
Southstar Holdings -Morehead City, LLC
-200 Providence Road, Suite 106
Charlotte, NC 28207
Application Date:
April 17, 1998
Water Body Receiving Stormwater Runoff.
Newport River (WHO 21-17)
Classification of Water Body:
"SA"
If Class SA, chloride sampling results:
53 ppm
Wetland System No.
Wl W4 W5
Preservation Area, acres:
5.4 15 67
Drainage Area, acres:
28 2 3.5
Average Depth:
6" 6" 6"
Total Impervious Surfaces, ft2:
974,873 32,234 56,628
(future development)
Offsite Area entering Pond, W:
None, per Engineer
Required Storage Volume, fV:
101,640 2,780 12,705
Provided Storage Volume, fO:
117,612 .3,267 14,593

State Stormwater Management Systems
Permit No. SW8 980429
H. SCHEDULE OF COMPLLANCE
1. The stormwater management system shall be constructed in it's entirety, vegetated and operational for its intended
use prior to the construction of any built -upon surface except roads.
2. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired
immediately.
3 . All connections into the stormwater system from future areas/outparcels shall be made such that short-circuiting of
the system does not occur.
4. 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 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.
G. 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 outlet structure, orifice device and catch basins and piping.
g. Access to the outlet structure must be available at all times.
5. Records of maintenance activities must be kept and made available upon request to authorized personnel of DWQ.
The records will indicate the date, activity, name of person performing the work and what actions were taken.
6. Decorative spray fountains will not be allowed in the ponds.
7. The facilities shall be constructed as shown on the approved plans. This permit shall become voidable unless the
facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and
other supporting data.
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 copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of ten
years from the date of the completion of construction.
10. Prior to the sale of any portion of the property, an access/maintenance easement to the stormwater facilities shall be
granted in favor of the permittee if access to. the stormwater facilities will be restricted by the sale of any portion of
the property.
11. The permittee is responsible for verifying that the proposed built -upon area does not exceed the allowable built -upon
area.

State Stormwater Management Systems
Permit No. SW8 980429
12. If the stormwater system was used as an Erosion Control device, it must be restore t� design condition prior to
operation as a stormwater treatment device, and prior to occupancy of the facility.
13. Deed restrictions must be recorded prior to the sale of any outparcel or future area shown on the approved plans to
ensure that future owners are made aware of the built -upon area limitations. The following statements must be
recorded:
"To ensure continued compliance with the NC Division of Water Quality Stormwater Management Permit
Regulations, 15A NCAC 2H.1000, the built -upon area on each outparcel and future area as shown on the
approved plans is limited as follows:OP #4@83,112 square feet, and OP #3 @82,449 square feet of built -
upon area, inclusive of that portion of the right-of-way between the front lot line and the edge of the
pavement, structures, pavement, walkways of brick, stone, slate, but not including wood decking or the water
surface of swimming pools." `
"All built -upon area from the outparcel or future area must be directed into the permitted stormwater control
system."
"The connection into the stormwater control shall be made into the forebay of the system, and in such a
manner that short-circuiting of the system does not occur."
14. A copy of the recorded deed restrictions must be submitted to the DWQ within 3 0 days of the date of the recording.
The recorded copy must be signed by the permittee, dated, stamped with the deed book number and page, and bear
the stamp of the Register of Deeds.
15. The following items will require a modification to the permit:
a. Any revision to the approved plans, regardless of size.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area.
e. Further subdivision of the project area.
f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan.
In addition, the Director may determine that other revisions to the project should require a modification to the permit.
16. 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.
M. GENERAL CONDUIONS
1. This permit is not transferable. In the event there is a desire for the facilities to change ownership, or there is a name
change of the Permittee, a formal permit request must be submitted to the Division of Water Quality accompanied
by an application fee, documentation from the parties involved, and other supporting materials as may be appropriate.
The approval of this request will be considered on its merits and may or may not be approved.
2

State Stormwater Management Systems
Permit No. SW8 980429
2. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement
action by the Division of Water Quality, in accordance with North Carolina General Statute 143-215.6A to 143-
215.6C.
3. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules,
regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have
jurisdiction.
4. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the
Permittee shall take immediate corrective action, including those as may be required by this Division, such as the
construction of additional or replacement -stormwater management systems.
5. The permittee grants DENR Staff permission to enter the property for the purpose of inspecting all components of
the permitted stormwater management facility. -
6. The permit may be modified, revoked and reissued -or terminated for cause. The filing of a request for a permit
modification, revocation and reissuance or termination does not stay any permit condition.-•
Permit issued this the 2nd day of September, 1999.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Kerr T. Stevens, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW8 980429
7

March 8, 2006
Mr. Blanton Hamilton, Member
Southstar Holdings -Morehead City, LLC
200 Providence Road, Suite 106
Charlotte, NC 28207
Subject: Approved Playa Revision
Lowe's @Morehead Crossing Shopping Center)
Stormwater Project No. SW8 980429
Carteret County
Dear Mr. Hamilton:
On February 16, 2006, the Wilmington Regional Office received a plan revision
for Stormwater Management Permit Number SW8 980429. The revisions include
the creation of a Garden Center expansion over existing built -upon areas, and
drainage, access road and landscape improvements. No net change in built -upon
area will occur as a result of these revisions. It has been determined that a formal
permit modification is not required for the proposed changes. We are forwarding
you an approved copy of the Garden Center Expansion plans for your files.
Please add these plan sheets to the previously approved plan set to make one
approved plan set.
Please be aware that all terms and conditions of the permit issued on July 12,
1999, remain in full force and effect. Please also understand that the approval
of this revision to the approved plans for the subject State Stormwater Permit
is done on a case -by -case. basis. Any other changes to this project must be
approved through this Office prior to construction. The issuance of this plan
revision does not preclude the-permittee from complying with all other
applicable statutes, rules, regulations or ordinances which may have
jurisdiction over the proposed activity, and obtaining a permit or approval prior
to construction.
If you have any questions concerning this matter, please do not hesitate to call
me at [phone].
Sincerely,
Linda Lewis
Environmental Engineer II
ENB1arl: S:IWQSISTORMWATERIREVISION1980429.mar06
cc: Christopher Kambar, APD Engineering
Town of Morehead City Building Inspections
Linda Lewis
Wilmington Regional Office.
Central Files

6`
irc
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Thomas A. Reeder John E..Skvatla, III
Governor Acting Director Secretary
July 9, 2013
Mr. E. Blanton Hamilton, Manager
Southstar Holdings — Morehead City, LLC
,2820 Selwyn Avenue, Suite 425
Charlotte, NC 28209
Subject: Stormwater Permit No. SW8 980429 Renewal
Lowe's of Morehead City
High Density Project
Carteret County
Dear Mr. Hamilton:
The Wilmington Regional Office received a complete 8 year Stormwater Management Permit
Renewal Application for Lowes of Morehead City on June 10, 2013, The Division is hereby
notifying you that permit SW8 980429 has been renewed on July 9, 2013, and shall be .effective
until July 12, 2021. The renewal and reissuance of this stormwater permit does not imply that
the site is currently -in compliance with the terms and conditions of this state stormwater permit.
The plans previously approved on September 2, 1999, in accordance with the regulations set
forth in Title 15A NCAC 2H.1000 effective September 1, 1995, remain in full force and effect.
Please attach this cover letter and permit addendum to your High Density Permit originally
issued on September 2, 1999.
This permit is subject to the conditions and limitations as specified therein. Please pay special
attention to the conditions listed in this permit regarding the Operation and Maintenance of the
BMP(s), recordation of deed restrictions, procedures for changes of ownership, transferring the
permit, and renewing the permit. Failure to establish an adequate system for operation and
maintenance of the stormwater management system, to record deed restrictions, to transfer the
permit, or to renew'the permit, will result in future compliance problems. .
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 919431-3000, 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, need additional copies of the permit or approved plans, please
contact David Cox with the Division of Water Quality in the Wilmington Regional Office at (910)
796-7215.
Sin rely,
T omas 7A.. eder, Director
Division -of Quality.
GDS/dwc: S:\W.QS\Stormwater\Permits & Projects\1998\9804291-1=013 07 permit 980429
cc: Wilmington Regional Office .
Wilnrngton Regional Office
127 Cardinal Drive Extension, Wilmingbn,'North Carolina 28405 C.
Phone. [phone] \ FAX 910a0 2004 l DENR Assistenoe:1-8T/-623-6748 -Q .
Internet: www.ncwaterqudly.org y 4

State Stormwater Management
Permit # SW8 980429
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORIMWATER MANAGEMENT PERMIT
NIGH 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
Southstar Holdings — Morehead City, LLC
Lowe's at Morehead City
Carteret County County
FaMeTZ411;ID
construction, operation and maintenance of 3detention ponds and 3 wetland systems in
compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater
rules') and the approved stormwater management plans and specifications and other
supporting data as attached and on file with and approved by the Division of Water Quality and
considered a part of this permit.
The permit is hereby renewed subject to the following addendums, clarifications, conditions and
limitations:
1. The original permit conditions contained in the permit issued on September 2, 1999
remain in full force and effect, except as amended herein. (An additional copy of this
original permit can be obtained from the Division of Water Quality, Wilmington
Regional Office.)
2. This permit shall be effective from the date of issuance until September 2, 2021.
3. The permittee shall submit a permit renewal application request at least 180 days
prior to the expiration date of this permit. The renewal request must include the
applicable documentation and the processing fee.
4. A fountain is not allowed if the permanent pool volume of the pond is less than
30,000 cubic feet.
5. If the use of permeable pavement is desired, this permit must be modified to add the
permeable pavement conditions.
2

UA ONLY .'
' Dale Received
Fee Paid
Permit Number
' f 1 �J� .ref
_
`! Va tt
9 4
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
(NCDENR DWQ)
STORMWATER MANAGEMENT PERMIT RENEWAL APPLICATION FORM
hIs form may be pkow— i i fir use as an or igia1.
' form is to be aompletedby thg current emit holder MUNWt to Title 15A NCAC 2H.1003 lh142,) This states
0-14 stormwater mar emeat Permits, issued for woJects that require the constru off atormwate�
_ l meaeures�High D sit r�Pamita), shall be required tQ submit an application to resew the permit W. �1ays
rice to expirattan of the�eranit—Rsne�ved_ emits are valid for a period nf;S years per Session La�rZ(i771 M- A
�81�Section 00. (c)I
L SUBMITTAL REQUIREMENT'S
Only complete application packages will be accepted and reviewed by the North Cam
Environment and Natural Resources (NCDElSM Division of Water �•r ' Qualify (DWQ,). A co
includes all of the items fisted below. The complete application package should be
appropriate DWQ Regional ice. (The appropriate office may be found by clicking on iinteractive online map.
at htt ortalmcderL.org!web/w ome/ro. Copies of the original permit can be obtained 0tlheBe�ionai Office --
of the Division of Water Quality.)
This Renewal is for ST'ORMWATER PERMIT #- SWM0 440
Please check which of the following permit renewal scenarios apply. Initial in the spaces provided that you have
provided the required information.
[[� A. Renewal Only,
-$505 fee%,
-Renewal Form - Slgn. and complete all sections (send original & 1 copy) �.-
-Recorded Documents Required By Permit: Deed restrictions, covenants, condominium/planned
community declaration & easements (if not already submitted to NCDENR DWQ). Copies are
acceptable.
-Designer's Certification (if required by permit and not already received by NCDENR DWQ) (See the last _
page of your permit for a copy of the h ra%hfimH= form.) ;! '--
-I Have a Copy of the Current Operation and Maintenance Agreement (OW. Please Keep this on File
with your permit.
-I Do Not Have a Copy of the Current O&M: Initial This Line to Request a copy. (If NCDENR DWQ does
not have a wpy on file; theta you will be notified to submit a new O & rid form.)
❑ B. Renewal and Modifi 'm,
-$505 Fee and Pages 1 & 2 of this Renewal Form
-SWU 101 Application Form (htl r*ortal.ncdW org(uzb/wy/mslsu/stakgYjarms does)
-Recorded Documents Required By Permit: Deed restrictions, covenants, condominium/planned
community declaration & easements (if not already submitted to NCDENR DWQ). Copies are
acceptable.
- Under #H.1. on SWU-101 Application Form -- Check Box for Modification w/Renewal
-Designer's Certification (if required by permit and not already received by NCDENR DWQ) (See the last
page of your permit for a copy of the ceh * fWation fnrm.)
- O&M Agreement (jrlJportai.ncdenr arse//wa/su/bmrrm_�arall
Form SWU-102 (Renewal Form) Rev 15Au92012 Page i of 4

- ❑ C. Renewal and Either: 1.) Permit Transfer to a New Permittee. or 2.) Project Name Change:
Please subs all items in I. and:
Request a NCDENR DWQ site inspection if transferring permit to new property owner.
Submit One of the Two Following Forms below (forms available at:
http_[jportal.ncdenr org&eb/wgjws/su/statesw/forms docs#tab•3a1:
1. HOA Name/Ownership Change Form: For planned communities (per Chapter 47C or
Chapter 47F of the General. Statutes)
2. Change Form: For ail other transfers
ease make wire all requirecj information is submitted with the Name/Ow�_;p..Change 1o?at {a
ed fn each of the affable forms) and thatAl regwired signatures and initials are filled j �
Otherw}se the name change or transfer can not be procemd and -the original owner wM remain as dW
Fermat holder
❑ D. RemmnL MadUkWm, and Transfer (or Name Change): Plow submit pages 1 and 2 flf
a furna a1mg with all items listed in 1. & and C. abmve (check ffds_box and initial items in
& C. that you are submitflue to NCDENR DWO).
IL APPLICANT'S CERTIFICATION
Note: The legally responsible pay is the current perunttee and/or the legally respensIle representative until such time that the permit is
officially transferred through a request to DWQ by the permittee.
1, (print or type name of permittee or person legally MronsMe fur the pemdt) A9M' I t Flii-
certify that I have a copy of the DWQ Approved Permit and O&M Agreement on -site (OR I have obtained a copy
from DWQ and it will be kept on site), that I am responsible for the performance of the maintenance procedures
and the site has been, and will be, maintained according to the O & M Agreement. I agree to notify DWQ of any
problems with the system and prior to any changes to the system or changes in ownership I will (or have through
this renewal application) notify NCDENR DWQ and submit the proper forms to modify or transfer the permit. All
information provided on this permit renewal application is, to the best of my knowledge, correct and complete.
Perm itteeTitle- ?oUTtf67-1ER H 0L.DIsti65-- A0�f�feAD I`I' PLC MAVsif, 9-
NOTARIZAnON:
a Notary Public for the State of "T J'
County of aRKU 14B Mir do hereby certify that AR TOil fiAM i LIED-9 'AZ,
personally appeared before me this day of 9 0 E. . and acknowledge the due execution of the
forgoing stormwater BW maintenance requirements. Witness my hand and official seal,
My commission expires:
Notary Signature: ,4!
Form SWU 102 (Renewal Form) Rev ISAug2012 Page 2 of 4

IIIIL GENERAL iNFORMA'f iON
1. Stormwater Management Permit Number: SW $ 9 a 0 9
2. Permit Holder's name (specify the name of the corporation, individual etc.):
{7€x! t't5TAe i�i7�t0 Lt,C.
e.
3. Print Owner/Signing Official's Warne and title (person legally respansxble for permit}:r it
4. Mailing Address for person listed in item 2 above:
obi 9 0 d I��+1 � d N u SG r 4;
City: (`F►14 '.CG State: IVL: Zip: 0 1
Phone: ( 701 ) 7i 4- a2 8 5 9
Email: L L1►YE F -60 ri 2-ri b' f CC rn
5. Project Name:
b. Location of Project (street address):
Fax: 41of ),133 - = 9
City:'r� �4 r �t7 C rr X Y: i E Zip: 9 0. 5,7
7. Directions to project (from nearest major intersection):
w es—r or �i',+N�} %© m=A y d4 rNTER5EC T 0A l;h! MDKF,iiM F `ai l
Form SWU-102 {Reewal Fornn} Rev 15Aug2012 Pap 3 of 4

IV. P EII8Mrr INFORMATION:
1. , Specify the type of stormwater treatment: []Constructed Wetland ❑Bioretention ❑Wet (Detention Pond
❑Dry Detention Basin ❑Infiltration Basin ❑Infiltration Trench ❑Sand Filter []Other:
2. If any changes were made to the original DWQ approved project list them in the space below (attach additional
pages if needed and provide "As -Built" drawings with this application). 'If maw changes have been made to your
project please request a plan revision or modification of the permit and submit "As Built" drawings along with a
final or updated stormwater system engineer certification (if not already provided to NCDENR). DWQ Engineer
and Designer Certification Forms are available.fronn each NCDENR DWQ Regional Office.
dr'P" ?)E 'j�nT !RE FsR()ifs} TDILE`S wA 1 -TO ToAED
1
Form SWU-102 (Renewal ]farm) Rev 15AUS2012 Page 4 of 4

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CA201510311585 45W 'O
Date Filed: 4/13/2015 8:12-00 AM
Elaine F Marshall
LB=D LL4,BIUTY COMPANY ANNUAL RE North Carolina Secretary of State
0. CA.2015103 11585
NAME OF LIMITED LIABILITY COMPANY: Soathstag DoWings-Merebeed City, LLC
SECRETARY OFS i ATE iD NUMBER: 0438337 STATE OF FORMATION: NC
REPORT FOR THE YEAR: 2015
SECTION A: ISTEI3ED AGENTS INFORMATION
1. NAME OF REGISTERED AGENT: Scott C Bortz
Z. SIGNATURE OF THE NEW REGISTERED AGENT:
SIGNATURE CONSTITUTES OONSENT TO THE APPOINTMENT
8. REGISTERED OFFICE STREET ADDRESS S COUNTY 4. REGISTERED OFFICE MAILING ADDRESS
2820 Selwyn Avenue, Suite 425 2820 Selwyn Avenue, Suite 425
Charlotte, NC 28209 Mecklenburg Chadotte, NC 28209
SECTION B: PRINCIPAL OFFICE INFORMATION
1. DESCRIPTION OF NATURE OF BUSINESS: Commetcial heat Estate
2. PRINCIPAL OFFICE PHONE NUMBER: [phone] 3. PRINCIPAL OFFICE EMAIL
4. PRINCIPAL OFFICE STREET ADDRESS & COUNTY S. PRINCIPAL OFFICE MAILING ADDRESS
2820 Selwyn Avenue, Suite 425 2820 Selwyn Avenue, Sufte 425
Charlotte, NC 28209 Mecklenburg Chadotte, NC 20209
SECTION C: COMPANY OFFICIALSlORt3ANMWS (Enter a(ldigonal Company Of1dalsorganizers in Section E.)
NAME: E. Blantan Hanaon, Jr.
TITLE: Manager
NAME Sc Dd C. Bortz NAME:
TITLE: Manager TITLE:
ADDRESS: 2820 Selwyn Avenue ADDRESS: 2820 Selwyn Avenue
Suite 425
Charlotte, NC 282D9
Suite425
Charlotte, NC 28209
ADDRESS:
SECTION D: MMICATtOIwI OF ANNUAL REPORT. Sedion D must be a mpleied in its entirety by a pemonlbusirMS entity-
:fld� - -
SIGNATURE
Form mnst he signed by a Company Oif dW0rgahxr WW under SaftA C Of IS foan.
DATE
Print or Type Name of Company OftallftanlW TITS
SUNTHIS AMMLREMRTMMTHE R UREOFlFEFOF&M
MAILT0: goo tary of tam CofpmOna DhOon, Peet Orfiw aox 2gIW. Raleigh, NC 2R o928

6,3 ? O� r D LIA -1-1
a
�
� '� LIMITED LIABILITY COMPANY ANNUAL REPORT
NAME OF LIMITED LIABILITY COMPANY: Lowe's Home Centers, LLC
SECRETARY OF STATE I D NUMBER: 0087619 STATE OF FORMATION: NC
REPORT FOR THE YEAR: 2016
SECTION A: REGISTERED AGENT'S INFORMATION
1. NAME OF REGISTERED AGENT: Corporation Service Company
2. SIGNATURE OF THE NEW REGISTERED AGENT:
Fning Office Use Only
Efled Annual Report
0087619
CA201609504378
4/4/2016 0429
Changes
SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT
3. REGISTERED OFFICE STREET ADDRESS & COUNTY 4. REGISTERED OFFICE MAILING ADDRESS
327 Hillsborough Street 327 Hillsborough Street
Raleigh, NC 27603-1725 Wake County Raleigh, NC 27603-1725
SECTION B: PRINCIPAL OFFICE INFORMATION
1. DESCRIPTION OF NATURE OF BUSINESS: Retail Sales
2. PRINCIPAL OFFICE PHONE NUMBER: [phone] 3. PRINCIPAL OFFICE EMAIL: Privacy Redaction
4. PRINCIPAL OFFICE STREET ADDRESS & COUNTY
1605 Curtis Bridge Rd
Wilkesboro, NC 28697-2231
5. PRINCIPAL OFFICE MAILING ADDRESS
1000 Lowes Blvd NB4TA
Mooresville, NC 28117-8520
SECTION C: COMPANY OFFICIALS (Enter additional Company Officials in Section E.)
NAME: Ricky D. Darnron
TITLE: Manager
ADDRESS:
1000 Lowe's Blvd
NAME: David R Green
TITLE: Vice President
ADDRESS:
1000 Lowe's Blvd
NAME: Robert F. Hull, Jr.
TITLE: Manager
ADDRESS:
1000 Lowe's Blvd.
Mooresville, NC 28117 Mooresville, NC 28117 Mooresville, NC 28117
SECTION D: CERTIFICATION OF ANNUAL REPORT. Section D must be completed in its entirety by a person/business entity.
David R Green
SIGNATURE
Form must be signed by a Company Official listed under Section C of this form.
David R Green
Print or Type Name of Company Official
4/4/2016
DATE
Vice President
Print or Type The Tide of the Company official
MAIL TO: Secretary of Stets, Corporations Division, Post Office Box 29525, Raleigh. NO 27626-0525

SECTION E: ADDITIONAL COMPANY OFFICIALS
NAME: Ross W McCanless NAME: Robert A Niblock NAME:
TITLE: Manager TITLE: Manager TITLE:
ADDRESS: ADDRESS: ADDRESS:
1000 Lowe's Blvd 1000 Lowe's Blvd
Mooresville, NC 28117-8520 .Mooresville, NC 28117
NAME: NAME:
TITLE: TITLE:
ADDRESS: 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:
NAME:
TITLE:
ADDRESS:
NAME:
TITLE:
ADDRESS:
Names
TITLE:
ADDRESS:
NAME:
TITLE:
ADDRESS:

Statre or iel" carotltea
Department of the wry of'Sfate
ARTICLES OF ORGANIZATION
INCLUDING ARTOCL-99 OF CONVEMOM
S®SID: 0087619
Date FRed: 10/30/2013 3:47:00 PM
Effective: 11/1/2013
Elaine F. Marshall
North Carolina Secretary of State
C2013 303 00267
Pursuant to §§ 5'IC:2-21, 57C-9A-01 and 57C-M-01 of the General Statutes ofNorth Carolina, the
undersiped aonva ting business -entity does hereby submit these Articles of Organ including Articles -of
Convorsibn for.1he purposo offorming.a limited liability company.
1. The<rtame.ofthe limited iiabil,'aty company is: rawesHOM2!!! .U-C
The limited libabilityrampany is being formed pursuant to a costversicrn of'Mother business entity.
2. 'The -rubtof eobnvertingbusinessentityis "a"O` .t"G
and the organization and internal affairs of the converting Business cntity are_goveined' by the laws of
the state or country. of North CarorM
/A plan-ofconvemion has been approved by the converting business entity, as required by lr&.
3. Thr: *mveriitig busEness entity is Q s a (check one): domestic imrpotaition'O. ign corporation; Q
forcip-limited liability company; ❑ domestic limitedvartnersltim
HForeign limited partnership;] domestic regieted limited liability ptrWsliip;
foreigohmitedli ility partnership; or Elother partnership as de med iri G.S: 54 3b, whether or not
fornit under thr; laws of North Carelina.
4. if -the limited .liability company is todissolve by -a specific date, the lstw.4w on which the limited
liability campa0y is to dissolve: (# no date for &ssolution is spwi feu; there sdx tbae W dtmit on the
dur xion of the hra ted liabtdity company.)
5. The name and :address of each person executing these articles of orgW action is as follows: (Slate
whaher each person is executing these articles Qf organization in the cWX&Y of a member, orgarfdwr
ur both). .
oanr r M Organizer _ 1QA Lowe`s 6_!vd Mooresville P Q 288 J 17
6. The sheet address and county of the initial registe W office of Nta liniked HaWlity. company is:
biurnb and Street 327 Hillsborough Street
City,ftvZip Code Raleigh, PAC, 27603 County WAke
7. The =Hint address, ifdi oreaatfrarrrthesireetaddre4 of the initial registered ice is:
8. The mate of the inifud registered agent is: 22rp2r9bn Servk:a CQf1lpaPtll
CORPORAMOM D1VISJi3N P.O. BOX 29622 RAL.EtGN, WC 2762641622
MnisedJunuarr2#92) (Paw L-01A)

9. Principal office information: (.elect either a orb.)
a. ® The limited liability crampaly has a principal office.
The sheet adt#►ess and county of the principal office of the limited liability trotiIpany is:
Ntmtber and Street 1605 Curbs Bridge Road
City, State, Zip Codgf*esboro. IIC 28691 County 1MII
o The mailing address,. ffdififemnifro►rathesuetaddress, :oftheptinppaloffice ofthe.Iirnhodliability
tornpany is: AOM Lo"'s Blvd. Myoresvllle. NC 28117
b. ❑ The limited liability company does not have a principal office.
10. Check one of the following-
[] (j). Member-traiteWd LLC.- all members by virtue of their status as -mambas shall be.managers of
this limited liability company.
Q (i i) Manager+- aged'.LC: except as pmvided by N.C.C.S. Seegitrn 37G3-20(a), the members
of this limited liability eDmpany shall not be, managers by virtue-oftheir sWus as members.
11. Any ptherprovisions which. the limited liability oornpany elects to include are attached.
12.. These,4rticles will be of baive upon filing, unless a date and/or time is cified:
Wmmbei 1. E 3
Ttfiis is the Zl 4ay o f 04 . 20 ,s
Signatxre
f3wow M Keener, Jr. Organizer
Type or Print Nate and YWk
NOTSS:
1. nift fee ISSM This 69MO & must be riled wish MICS"retary QfSM c.
COP.P RATtO'kS DIVISION P.O BOX 29622
fRevbW Jameary 2002)
RAl.E1GH, NC 27626-M2
(Fars L414
4A�

Compliance Inspection Report
Permit:
SW8970415 Effective:09/03/97
Project
Lowes Home Center
Owner.
Crisman Corp
County:
Onslow
Region:
Wilmington
Contact Person: David E Shelton
Directions to Project:
Western Blvd.
Expiration: 09/03/07
Type of Project: State Storrnwater - HD - Detention Pond
Drain Areas: 1 - (Mill Creek) (03-05-02 ) ( SC; NSW)
2 -(Mill Creek) (03-05-02 ) ( SC; NSW)
On -Site Representative(s):
Related Permits:
Title:
Adress: Western Blvd
Clty/State/Zip: Jacksonville NC 28540
Inspection Date: 05/24/2016 Entry Time: 12:OOPM
Primary Inspector: Brian F Lambe
Secondary Inspector(s):
Reason for Inspection: Routine
Permit Inspection Type: State Stomiwater
Facility Status: ❑ Compliant Not Compliant
Question Areas:
State Stormwater
(See attachment summary)
Phone: [phone]
Exit Time: 01:OOPM
Phone:
Inspection Type: Compliance Evaluation
page: 1

Permit: SW8970415 Owner - Project: Crisman Corp
Inspection Date: 05/24/2016 Inspection Type Compliance Evaluation Reason for Visit: Routine
Inspection Summary:
Did not review file, see report from Kelly Johnson.
Built Upon Area
Is the site BUA constructed as per the permit and approval plans?
Is the drainage area as per the permit and approved plans?
Is the BUA (as permitted) graded such that the runoff drains to the system?
Comment:
SW Measures
Are the SW measures constructed as per the approved plans?
Are the inlets located per the approved plans?
Yes No NA NE
■ ❑❑❑
■ ❑❑❑
❑ ❑ ❑
Yes No NA NE
❑■❑❑
■❑❑❑
Are the outlet structures located per the approved plans? M 1113 ❑
Comment: See comments below. As the ponds exist today they do not have the required depth and dimensions.
Operation and Maintenance Yes No NA NE
Are the SW measures being maintained and operated as per the permit requirements? ❑ 0 ❑ ❑
Are the SW BMP inspection and maintenance records complete and available for review or provided to ❑ ❑ ❑
DWQ upon request?
Comment: Pond #1:
The northern drainage structure elevation on the bottom of the pond. The pool area leading to the
structure has been filled with sediment. There is a significant pile of dirt where the division of the main
pool and the north forebay that intrudes on the dimensions and depth of both areas.
The second outlet pipe to the pond from the roof drains is above grade by 1-2'.
Shelf has deteriorated.
Depth of pond needs to be evaluated. The bottom of the main pool is elevation 36, the outlet pipe
should be at 43.
General maintenance of the pond should be conducted according to permit conditions and operation and
maintenance agreement.
Pond #2:
DeDth of pond is not to desian depth as the outlet is to be constructed at elevation 45, bottom of Dond is
to be 41. There are no pools that retain water signifcantly.
General maintance according to permit conditions and operations and maintenance agreement need to
be conducted.
Other Permit Conditions Yes No NA NE
Is the site compliant with other conditions of the permit? ❑ ❑ ❑
Comment:
Other WQ Issues Yes No NA NE
Is the site compliant with other water quality issues as noted during the inspection? 0 ❑ ❑ ❑
Comment:
page: 2

Compliance Inspection Report
Permit SW8071207 Effective:01/28/08
Project: Lowe's of Jacksonville
Owner: Jemsite Development LLC
County: Onslow
Region: Wilmington
Expiration: 12/31 /21
Adress: Relocated Yopp Rd
City/State/Zip: Jacksonville NC 28540
Contact Person: Jeffrey E Flattery Title: Manager Phone: [phone]
Directions to Project:
Head east on US Hwy 258 toward US 17 Business. TUm right at relocated Yopp Road, which is approx. 0.9 miles east from the
US Hwy 258 and NC Hwy 53 intersection.
Type of project: State Stormwater - HD - Detention Pond
Drain Areas: 1 - (Brinson Creek) (03-05-02) ( SC;NSW)
On -Site Reprosentative(s):
Related Permits:
SW8140320 Bailey and Associates Inc - Lot 17 Freedom Village Shopping Center
SW8140121 Bailey & Fuller Properties LLC - Biotest Pharmaceuticals Corp Lot 19 Yopp Row
SW8060718 Bailey and Associates Inc - Freedom Village Shopping Center
SW8140212 Rhgc Investments - DaVita Onslow
SW8090803 Bailey and Fuller Properties LLC - Realo Discount Drugs Jacksonville
Inspection Date: 05/24/2016 Entry Time: 02:30PM Exit Time: 03:OOPM
Primary Inspector: Brian P Lambe Phone:
Secondary Inspector(s):
Reason for Inspection: Routine
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant Not Compliant
Question Areas:
State Stormwater
(See attachment summary)
Inspection Type: Compliance Evaluation
page: 1

permit: SW8071207 Owner - Project: Jemsite Development LLC
Inspection Date: 05/24/2016 Inspection Type Compliance Evaluation Reason for visit: Routine
Built Upon Area Yes No NA NE
Is the site BUA constructed as per the permit and approval plans? M ❑ ❑ ❑
Is the drainage area as per the permit and approved plans? 0 ❑ ❑ ❑
Is the BUA (as permitted) graded such that the runoff drains to the system? N ❑ ❑ ❑
Comment:
SW Measures Yes No NA NE
Are the SW measures constructed as per the approved plans? 0 ❑ ❑ ❑
Are the inlets located per the approved plans? 0 ❑ ❑ ❑
Are the outlet structures located per the approved plans? N ❑ ❑ ❑
Comment:
Operation and Maintenance Yes No NA NE
Are the SW measures being maintained and operated as per the permit requirements? ❑ 0 ❑ ❑
Are the SW BMP inspection and maintenance records complete and available for review or provided to ❑ ❑ ❑
DWQ upon request?
Comment: General maintenance accordina to permit conditions and operations and maintenance agreement should
be conducted: Mowing and removal of woody growth, repair erosive areas.
The second weir section of the pond appears to be moving toward the shelf near the bank of the pond
page: 2

Compliance Inspection Report
Permit:
SW8980429 Effective:07/09/13
Project:
Lowe's at Morehead Crossing
Owner:
Southstar Holdings Morehead City LLC
County:
Carteret
Region:
Wilmington
Expiration: 09/02/21
Adress: 5219 Hwy 70
City/State/Zip: Morehead City NC 28557
Contact Person: Regina Smith Title: Property Mgr.
Directions to Project:
Between the Convergence of Highways 24 and 70 in Morehead City
Type of Project: State Stormwater - HD - Wetlands
Drain Areas:
On -Site Representative(s):
Related Permits:
State Stormwater - HD - Detention Pond
Phone: [phone]
SW8000528 Wal-Mart Stones Inc - Wal-Mart Super Center #1355 Morehead City
Inspection Date: 05/24/2016 Entry Time: 10:OOAM Exit Time: 11:OOAM
Primary Inspector: Brian P Lambe
Secondary inspector(s):
Reason for Inspection: Routine
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant Not Compliant
Question Areas:
State Stormwater
(See attachment summary)
Phone:
Inspection Type: Compliance Evaluation
page: 1

permit: SW8980429 Owner - Project: Southstar Holdings Morehead City LLC
Inspection Date: 05/24/2016 Inspection Type Compliance Evaluation Reason for Visit: Routine
Built Upon Area Yes No NA NE
Is the site BUA constructed as per the permit and approval plans? 0 ❑ ❑ ❑
Is the drainage area as per the permit and approved plans? ❑ ❑ ❑
Is the BUA (as permitted) graded such that the runoff drains to the system? ❑ ❑ ❑
Comment:
SW Measures Yes No NA NE
Are the SW measures constructed as per the approved plans? ❑ ❑ ❑
Are the inlets located per the approved plans? 0 ❑ ❑ ❑
Are the outlet structures located per the approved plans? 0 ❑ ❑ ❑
Comment:
Operation and Maintenance Yes No NA NE
Are the SW measures being maintained and operated as per the permit requirements? ❑ M ❑ ❑
Are the SW BMP inspection and maintenance records complete and available for review or provided to ❑ ❑ ❑
DWQ upon request?
Comment: Maintain all stormwater measures according to permit conditions and operations and maintenance
agreement.
Pond 1:
Repair erosion on slopes including animal holes erosion, and wave erosion.
Investigate depth of pond and shelf.
Maintain mowing and remove woody -growth.
Pond 2:
Emergency spillway appears to have eroded under the rip rap. Repair.
Investi-gate depth of pond. It appeared to be shallow.
Remove woody -growth.
Maintain according to permit conditions and operations and maintenance agreement.
Pond 3:
Outlet to the pond needs to be maintained Clean out ditch and stabilize. Remove woody arowth.
Repair erosion and animal holes.
Investigate the depth of the pond.
Ditch system:
Repair all erosive areas, especially near the outlets.
Other Permit Conditions Yes No NA NE
Is the site compliant with other conditions of the permit? ❑ ❑ ❑
Comment:
Other WQ Issues Yes No NA NE
Is the site compliant with other water quality issues as noted during the inspection? ❑ ❑ ❑
Comment:
page: 2

LoWEV
�i,� 41°t41c1
ENGINEERING & CONSTRUCTION
1605 Curtis Bridge Road, Wilkesboro, NC U.S.A 28697
October 19, 2015
Georgette D. Scott
Stormwater Supervisor
Division of Energy, Mineral, and Land Resources
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: Permit Information Update Forms
Lowe's Home Centers, LLC
Dear Ms. Scott:
Enclosed you will find executed Permit Information Update Forms for the following Lowe's
projects:
• /Lowe's of Cape Carteret, NC - -!5>W 9 064 �! %
• Lowe's of Morehead City, NC -- %j ,, 5?0
• ✓Lowe's of Shallotte, NC - 5 I-rg
• Lowe's of Jacksonville, NC (Yopp Road) - S Cv g 0 '7f ,;;? 6 7
• i/Lowe's of Southport, NC - S Gv F F90V
• /Lowe's of Wilmington, NC P 5e., $000 3� j
• ✓Lowe's of Jacksonville, NC (Western Boulevard) —
If you have any questions, or need additional information concerning this matter, please contact
me at 336-658-4347.
Kindest Regards,
wi. Devin Staley, �E
Lowe's Companies, Inc.
ECEBVE
er:_

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
STORMWATER MANAGEMENT PERMIT INFORMATION UPDATE FORM
This form is only to be used by the current permittee to: 1) change the Point of Contact (signing official) for
the current permittee (LLC, Corporation, HOA or POA); 2) change the mailing address, phone number or email
address of the current oermittee; 3) change the name of the proiect; and 41 change the legal corporate name
as documented by a Nance Change filed with the NCSOS. For all transfers of the permit to a NEW OWNER
(including dissolution of the current permittee corporation or LLC and the transfer of assets to a new
corpporation or LLC), please complete the "Permit Transfer Form".
I. CURRENT PERMIT INFORMATION
1. Stormwater Management Permit Number: SW8 980429
2. Project Name: Lowe's of Mcrehead City, NC
3. Current / Previous Corporation Name: Lowe's Home Centers, Inc.
4. Current Permit Holder's Company Name/Organization: Lowe's Home Centers. LLC
5. Signing Official's Name: Stewart Scott Title: VP - Engineering/Construction
Phone: ( 336) 658-4000 Fax: (�
II. NEW PERMIT INFORMATION
Request the following information be updated: (?lease check all that apply. If more than one point of contact or mailing
address is being changed, please attach a separate sheet.)
❑ Project Name — (Complete Item 9 below) E C E I V E
IO Corporation Name — (Complete Item 2 below and provide the Name Change fil ith the NCSOS)
❑ Point of Contact (i.e., Signing Official, Property Owner, LLC Manager, HOA/PO reAreXt/rUnd —
(Complete Items 3 & 4 below and provide a copy of supporting documentation s as NCSOS filing)
❑ Mailing Address / Phone Number/ Email Address — (Complete Item 5, 6, or 7 be, as applicable)
1. New Project Name:
2. New Corporation Name: Lowe's Home Centers, LLC
3. New Point of Contact Name: M. Devin Staley. PE
4. New Point of Contact Title:. Manager - Civil Design
5. New Mailing Address: Apt./Suite#
City: State: Zip:
6. New Phone: New Fax: �)
7. New Email Address: devin.d.stalev(Mowes.com
Ill. CURRENT PERMITTEE'S CERTIFICATION
I, Stewart Scott , the current permittee, hereby notify DEMLR that I am making the above
noted changes as listed in Section II. 1 further attest that this application for an update to the permit information
currently on file is urat co plet to the best of my knowledge. �D "
Signature: M Date: P -7. Z®045
a Notary Public for the State of
County of W ; "a do hereby certify that S JL�
personally appeared before me this the ' day of 0.Q 1-vL, 20�, and acknowledge the
due execution of the forgoing instrument. Witness my hand and official seal,
My commission expires
Notary Signature
MELISSA RICHAI2dS®PI
Notary Public, North Carolina
Wilkes County
My Commission Expires
February 20, 2017

of WA
'/l Q
Michael F. Easley, Governor
William
G. Ross Jr. Secretary
North Carolina Department of Environment and Natural kesources
©
Alan W. Klimek P.E.,Dire ctor
.Sullins, Deputy Dlrec or
Coleen H
Division of Water Quality
CERTIFIED MAIL #7002-1000-0005-2390-8443
RETURN RECEIPT REQUESTED
Mr. Blanton Hamilton, Member
Southstar Holdings -Morehead City, LLC
200 Providence Road Suite 106
Charlotte, NC 28207
NOTICE OF INSPECTION:
Lowe's @ Morehead City
Stormwater Project No. SW8 980429
Carteret County
Dear Mr. Hamilton:
Please find attached a copy of the completed form entitled "Stormwater Compliance
Inspection Report". The report summarizes the findings of a recent inspection of the
project's stormwater controls conducted on February 11, 2004 to determine compliance
with Stormwater Permit Number SW8 980429 issued on July 12, 1999.
A summary of the findings and comments are noted under Section 4 of the report.
Please inform this Office in writing before April 29, 2004 of the specific actions that will
be undertaken and the time frame required to correct the deficiencies. Failure to provide
the requested information, when required, may initiate enforcement action. If you have
any questions please contact me at the Wilmington Regional Office, telephone number
[phone]. Ext: 222
Sincerely,
Gary Beecher
Environmental Technician
RSS/ghb: S:\WQS\STORMWAT\INSPEC-R980429
cc: Wilmington Regional Office
Gary Beecher
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone]

STORMWATER COMPLIANCE INSPECTION REPORT
1. Project Name: Lowe's @ Morehead City
Project Number: 980429
Water Body: Newport River
Control Measure: Wet Detentir-in
Classification: "SA"
Directions to site: Intersection HWY 24 and HWY 70
2. Inspection Date: February 11, 2004
Weather Conditions: Cold and Dry
3. Compliance Issues:
Y N
❑ ❑ The drainage area (including offsite) and built -upon area to the permitted
system are per the approved plan. No unpermitted offsite drainage enters
the system.
❑ ❑ All the built -upon area associated with the project is graded such that the
runoff drains to the system.
❑ ❑ For ponds/infiltration, the outlet/bypass structure relative elevations are
per the approved plan. (Must be verified via as -built survey if in question).
❑ ❑ The inlets and outlet structure are located per the approved plans and do
not cause short-circuiting.
❑ ❑ A trash rack is provided over the outlet weir and orifice.
❑ ® All slopes are grassed with permanent vegetation and are not eroding.
❑ ❑ Vegetated slopes are no steeper than 3:1.
❑ ❑ The approximate amount of permitted surface area has been provided.
(Must be verified via as -built survey or designer's certification.)
❑ ❑ Required drawdown devices are correctly sized per the approved plans.
All required design depths are provided.
❑ ❑ All required parts of the system are provided, such as a vegetated shelf,
and a forebay.
❑ ❑ The designer's certification has been submitted.
U ❑ The required deed restrictions are correctly recorded and submitted.
❑ ❑ The number of lots or outparcels is per the permitted amount.
❑ ❑ The built -upon area on the lots or outparcels does not appear to exceed
the maximum amount (must be verified via as -built survey if in question)
❑ ❑ Curb outlet swales are constructed, located properly, are 100' long and
have dense vegetated cover.
❑ ❑ The road, cul-de-sac, parking lot and sidewalk widths are per the
approved plan.
❑ ® Required maintenance is being performed.
❑ ❑ Outparcels have their own offsite permit.
❑ ❑ For low density projects, roadside swales are 3:1, vegetated and stable.
0 ❑ For low density projects, there are no unpermitted pipes on the project.

4. Required Actions: (Explain each deficiency and what needs to be done to bring
the system back into compliance)
(a) The ponds have lots of trash in and around there. The trash, is �Izit nmly an
eyesore it also affects the efficiency of the pond. Trash caps cllo 1 the okrifice and
outlet structure. include trash pickup into the maintenance schedule of the
ponds.
(b) Large, deep ruts have formed along the banks of the middle pond. These must
be filled and stabilized with grass ASAP. If left unattended these ruts, will
become a bigger problem in the future.
(c) This site receiver a v!-olatio notice from DWQ in September 2002. Eroded
slopes and lack of trash pickup were among the violations.
Inspector: Gary Beecher
Water Quality/Wilmington Regional Office/[phone] Ext 222
RSS/ghb: S:IWQSISTORMWATIINSPECT1980429.Feb04

F WATF Michael F. Easley, Governor
William G. Ross Jr., Secretary
O North Carolina Department of Environment and Natural Resources
>fi Alan W. Klimek P.E.,Director
DivisiColeen H. Sullins, Deputy Director
Division of Water Quality
February 13, 2004
Mr. Blanton Hamilton, Member
Southstar Holdings -Morehead City, LLC
200 Providence Road Suite 106
Charlotte, NC 28207
NOTICE OF INSPECTION:
Lowe's @ Morehead City
Stormwater Project No. SW8 980429
Carteret County
Dear Mr. Hamilton:
Please find attached a copy of the completed form entitled "Stormwater Compliance
Inspection Report". The report summarizes the findings of a recent inspection of the
project's stormwater controls conducted on February 11, 2004 to determine compliance
with Stormwater. Permit Number SW8 980429 issued on July 12, 1999.
A summary of the findings and comments are noted under Section 4 of the report.
Please inform this Office in writing before March 15, 2004 of the specific actions that
will be undertaken and the time frame required to correct the deficiencies. Failure to
provide the requested information, when required, may initiate enforcement action. If
you have any questions please contact me at the Wilmington Regional Office, telephone
number [phone]. Ext: 222
Sincerely,
Gary Beecher
Environmental Technician
RSS/ghb: S:IWQSISTORMWATIINSPECT1980429
cc: Wilmington Regional Office
Gary Beecher
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone] - Customer Service
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone]
x:C171E,P_'.

STORMWATER COMPLIANCE INSPECTION REPORT
Project Name: _..owe`s @ Morehead City
Project Number: 980429
Water Body: <4ewpnrf: River
Control Measure: Wet Detention
Classification: "Ss v
Directions to site: Intersection H'V Y 24 and HWY 74
2. Inspection Date: February 11, 2004
Weather Conditions: Cold and Dry
3. Compliance Issues:
Y N
❑ ❑ The drainage area (including offsite) and built -upon area to the permitted
system are per the approved plan. No unpermitted offsite drainage enters
the system.
❑ ❑ All the built -upon area associated with the project is graded such that the
runoff drains to the system.
❑ ❑ For ponds/infiltration, the outlet/bypass structure relative elevations are
per the approved plan. (Must be verified via as -built survey if in question).
❑ ❑ The inlets and outlet structure are located per the approved plans and do
not cause short-circuiting.
❑ ❑ A trash rack is provided over the outlet weir and orifice.
❑ ® All slopes are grassed with permanent vegetation and are not eroding.
❑ ❑ Vegetated slopes are no steeper than 3:1.
❑ ❑ The approximate amount of permitted surface area has been provided.
(Must be verified via as -built survey or designer's certification.)
❑ ❑ Required drawdown devices are correctly sized per the approved plans.
All, required design depths are provided.
❑ ❑ All required. parts of the system are provided, such as a vegetated shelf,
and a forebay.
❑ ❑ The designer's certification has been submitted.
❑ ❑ The required deed restrictions are correctly recorded and submitted.
❑ ❑ The number of lots or outparcels is per the permitted amount.
❑ ❑ The built -upon area on the lots or outparcels does not appear to exceed
the maximum amount (must be verified via as -built survey if in question)
❑ ❑ Curb outlet swales are constructed, located properly, are 100' long and
have dense vegetated cover.
❑ ❑ The road, cul-de-sac, parking lot and sidewalk widths are per the
approved plan.
❑ :K Required maintenance is being performed.
❑ ❑ Outparcels have their own offsite permit.
❑ ❑ For low density projects, roadside swales are 3:1, vegetated and stable.
❑ 0 For low density projects, there are no unpermitted pipes on the project.

4. Required Actions: (Explain each deficiency and what needs to be done to bring
the system back into compliance)
Ja; The ponds have lots of trash in and around tapes:-?. The trash is not only an
eyesore it also affects the efficiency of the pond, Trash can clog the orifice. and
outlet structure. Include trash pickup into the maintenance schedule of the
ponds.
(b) Large, deep ruts have formed along the banks of the rnidd e pond. These must
be filled and stabilized with grass ASAP. if left unattended these ruts will
become a bigger problem in the future.
This site received a iolation tot4�ce from ['ail Q in September 2002, Eroded
slopes and jack of trash pickup were among the violations..
Inspector: Gary Beecher
Water Quality/Wilmington Regional Office/[phone] Ext 222
RSS/ghb: S:IWQSISTORMWATIINSPECT1980429.Feb04

-0
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Sent To
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or PO Box No.
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■ Print your name and address on the reverse
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■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
(3�a► ,-, 1A.L.*, Iron
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r

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PS Form 3800, April 2002 (Reverse) 102595-02-M-1133
l — I
UNITED STATES POSTAL SERVICE +
,w. First -Class Mail
% T F �� Postage & Fees Paid
GRVE
PM
• Sender: Please print y�ur �FRame,-ress, and this bKS •,�` � �
u
Nab.
State of North Carolina
DENR
127 Cardinal Drive Ext.
Wihnington, NC 28405 (Attn: BEV
- _ fill. isr1::��t::�=

OF WAIFS Michael F. Easley, Governor
William G. Ross Jr. Secretary
�Q G North Carolina Department of Environment and Natural Nesources
v� Y
-=i Alan W. Klimek, P.E.,Director
U Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
June 14, 2004
CERTIFIED MAIL #7002 1000 0005 2390 8566
RETURN RECEIPT REQUESTED
Mr. Blanton Hamilton, Member
Southstar Holdings -Morehead City, LLC
200 Providence Road Suite 106
Charlotte, NC 28207
Subject: NOTICE OF VIOLATION
Lowe's @ Morehead City, NC
Stormwater Permit No. SW8 980429
Carteret County
Dear Mr. Hamilton:
On June 11, 2004, the Wilmington Regional Office of the Division"of Water Quality, performed
a site inspection of Lowe's in Morehead City, North Carolina. The inspection was performed to
determine the compliance with stormwater permit number SW8 980429, issued to you on July
12, 1999. The site inspection revealed several permit violations and water quality problems.
The site has been found in violation of Stormwater Permit Number SW8 980429, issued
pursuant to the requirements of 15A NCAC 21-1. 1000. The violations found are:
1. Section IL4- The permittee shall at all times provide the operation and maintenance
necessary to assure the permitted stormwater system functions at optimum efficiency.
a. All three ponds have severe erosion spots along their slopes.
b. All of the ponds have a large amount of trash floating in them. Shopping carts and
large cardboard boxes can be seen inside the ponds.
c. The ponds are severely lacking adequate grass coverage on their slopes. The only
vegetation currently growing on the pond slopes are weeds. The grass matting that
has been planted has all died due to improper maintenance.
d. A notice of violation was issued to this site on September 4, 2002. Mentioned in that
notice was the eroding pond slopes and the large amount of trash within the ponds.
e. Two inspection reports were sent to you over the last 5 months. One of these was
sent by certified mail. You signed for it on March 30, 2004. The reports mirrored the
problems stated above. As of this time we have not heard from you or any of your
representatives regarding these current problems.
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Servicear
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone] g

Mr. Hilton
June 14, 2004
Permit No: SW8980429
To correct these violations you must:
1. Provide a "Plan of Action" by July 15, 2004. The plan of action should include actions that
you will take to correct the violations. It should also include a reasonable time frame for
completion of those actions.
2. Seed or sod the pond slopes. The grass needs to be seeded, mulched, and irrigated
correctly so that it grows and can be used to stabilize the pond slopes and to help alleviate
future erosion problems from occurring.
3. Routinely remove all trash and debris from inside and around the ponds.
4. Perform all required maintenance on the ponds.
Failure to provide the "Plan of Action" by July 15, 2004, or to correct the violations by
the date .designated in the "Plan of Action", are considered violations of 15A NCAC
21-11.1000, 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 Carteret County Building Inspector, this office is requesting
that the building Inspector consider withholding future permits and Certificates of
Occupancy for all outparcels associated with this project until this matter is
satisfactorily resolved.
If you have any questions concerning this matter, please call Gary Beecher at [phone]
Ext 222.
Sincerely,
Rick Shiver
Water Quality Regional Supervisor
RSS1ghb: S:IWQSISTORMWATINOTICE1980429.Jun04
cc: Katrina Marshall (Carteret County Building Inspector)
11ary Beecher
Central Office

jDr�rrrestic Mail Only; Na Insurance Caverage Provide
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(Endorsement Required) 1,7 ( 3 t a
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C3 (Endorsement Required) �
OTotal Postage & Fees $ /
rUSent To
0
lti Street, Apt. No.; /f
or PO Box No. ----- �f 11 � 4 rr // A
City ZIP�j
Complete Items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
-■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
A. si nature
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H— 2 — 0 y
1. Article Addressed to:
D_ ds deliv address different from item 1? ❑ Yes
42,41nter?Jelivery address below ❑ No;
ek4l v 7 .- N
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3. Service:'>=YPe."
® Certified Mail ❑ Express Mail
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2. Article Number
(Transterfrom servim 7002 1000 0005 2390 8443
PS Form 3811, August 2001 Domestic Return Receipt 2ACPRI-M-P-4081

Certified Mail Provides: F '
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cle at the post office for postmarking. If a postmark on the Certified Mail
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PS Form 3800, April 2002 (Reverse) 102595-02-M-1133
UNITED STATES POSTAL SERVICE.. First -Mass Mail
c .. Postage & Fees Paid
LISPS
Permit No. G-10
F• Sender: Please print yo name,,address, and ZIP+4: in thisbog• ' -<
State of North Carolina
DENR
127 Cardinal Drive Ext.
Wilmington, NC 28405 (Attn: BEV
i❑

QFVAT�,Q Michael F. Easley, Governor
.z. G William G. Ross Jr., Secretary
�. North Carolina Department of Environment and Natural Resources
r
-4 Alan W. Klimek, P.E.,Director
0 `< Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
March 30, 2004
CERTIFIED MAIL #7002-1000-0005-2390-8443
RETURN RECEIPT REQUESTED
Mr. Blanton Hamilton, Member
Southstar Holdings -Morehead City, LLC
200 Providence Road Suite 106
Charlotte, NC 28207
NOTICE OF INSPECTION:
Lowe's @ Morehead City
Stormwater Project No. SW8 980429
Carteret County
Dear nor. Hamilton:
Please find attached a copy of the completed form entitled "Stormwater Compliance
Inspection Report". The report summari7Ps the findings of a recent inspection of the
project's stormwater controls conducted on February 11, 2004 to determine compliance
with Stormwater Permit Number SW8 980429 issued on July 12,1999.
A summary of the findings and comments are noted under Section 4 of the report.
Please inform. this Office in writing before April 30, 2004 of the specific actions that will
be undertaken and the time frame required to correct the deficiencies. Failure to provide
the requested information, when required, may initiate enforcement action. If you have
any questions please contact me at the Wilmington Regional Office, telephone number
[phone]. Ext: 222
Sincerely,
A-�
T/.
Gary Beecher
Environmental Technician
RSSighb: S:IWQSISTORMWATIINSPECT1980429
cc: Wilmington Regional Office --
Gary Beecher
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service AP�A*
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone] NWENR

L_
AVI FAY1'
PR O P ER T/ E S
?004
July 8, 2004 �\U/
r,, v1
Mr. Rick Shiver 04)
`JC�
Water Quality Regional Supervisor
N.C. Division of Water Quality
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Re: Lowes at Morehead City, NC
Stormwater Permit No. SW8 980429
Carteret County
Dear Mr. Shiver:
This letter is in response to your letter dated June 14, 2004 regarding the stormwater
maintenance at the above referenced property. Pursuant to the lease agreement dated
February 2, 1998 by and between Southstar Holdings -Morehead City, LLC ("Landlord")
and Lowe's Home Centers, Inc. ("Tenant"), it is the responsibility of Tenant to keep the
stormwater ponds in proper condition and to perform regular maintenance. We have
notified Tenant of their responsibility in this matter and requested that they meet the time
frame specified by the Division of Water Quality.
Please understand this is an ongoing Tenant maintenance issue pursuant to the above
referenced lease agreement. I apologize for any inconvenience. This matter is being
taken care of and the stormwater pond will be restored to meet all your requests.
Please contact me should you have any questions.
Sincerely,
lanton Hamilton
cc: Taft Tucker, Lowe's
Bob Chiles
200 Providence Load • 3,,; ce 106 • Charlotte, North Carolina 21,207 • 734/333-8484 • Fax: [phone]
COMMERCIAL REAL ESTATE SERVICES

JUL 16 2004 18:02 FIR REAL ESTATE PROPERTY 3366583601 TO 919103502004 P.01i01
J
I
ypme 1Rlprmrr. ntenl W?1>•116W©
ImprovingRome IMPM1-
FACILITIES MANAGEMENT DEPARTMENT Phone: [phone]
Box 1111, North Wilkesboro, NC 28656 Fax: [phone]
(Street Address) — Highway 268 East, North Wilkesboro, NC 28659
E-Mail: [e-mail]
July 16, 2004
Mr. Rick Shiver -Water Quality Regional Supervisor via Fax [phone]
N.C. Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: Lowe's of Morehead City, NC #619-Stormwater Pond Issues
Dear Mr. Shiver:
I wanted to respond to your letter dated June 14, 2004 regarding the notice of violation. Lowe's
is responsible for the maintenance of the storm water ponds at this location. We have one pond
behind our facility and two ponds in front of our facility. I recently visited this location to see what
needed to be done in order to resolve the issues. We are in the process of having our contractor
visit this location Wednesday, July 21, 2004 to perform the needed repairs for the erosion issues
and reseed the slopes and remove the trash. We are al6o going to add a chain link fence around
the front ponds to help keep a lot of the trash and debris from entering the ponds. Once this work
is completed the ponds will be monitored on a monthly basis. I want to ensure you that Lowe's will
remedy these issues as soon as possible. The recent rainy weather has hindered our contractor's
so I apologize for the delay. I will keep you informed of the progress. If you have any questions I
can be reached at 336-658-3831.
Sincerely,
Lowe's Home Gen
Tim A. Draughon
Senior Project Ma
** TOTAL PAGE.01 **

Maintenance issues with Lowe's Ponds
Subject: Maintenance issues with Lowe's Ponds
From: Linda Lewis <[e-mail]>
Date: Fri, 21 Nov 2003 12:25:57 -0500
To: Tonia Cox. <tcox@tribek—conn>
Tonia:
Hello. This is Linda Lewis with the Division of Water Quality. I am
writing to let you know that I inpsected the ponds at the Lowe's in
Morehead City yesterday. There is no vegetation on the pond slopes!
They are absolutely bare and exihibiting signs of erosion. The
permit requires Tribek Properties to maintain a stable permanent
vegetated cover on the slopes and to reseed and fix eroded areas as
needed. Without vegetation, the ponds will probably fill in fairly
quickly, resulting in the need to muck them out to design depth
soon. The other engineer here, Laurie Munn, saw the bare slopes at
Lowe's almost a month ago!
Please make arrangements to repair the slopes and have permanent
grass cover placed on the slopes of the ponds and let me know the
status by December 21, 2003.
Thanks,
Linda Lewis
Evironmental Engineer
NC Division of Water Quality
1 of 1 12/12/2003 9:11 AM

' 0 ATF9Q
�O . G
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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 3740
RETURN RECEIPT REQUESTED
Mr. Blanton Hamilton, Member
Southstar Holdings -Morehead City, 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
Lowe's of Morehead City
Stormwater Permit No. SW8 980429
Carteret County
On.September.3,.2002, Wilmington Regional Office personnel performed a Compliance
Inspection of the proj ect.known as Lowe's of Morehead City, located off NC 24 and US 70,
Morehead City.in Carteret County, North Carolina. The inspcction was performed to determine
the status of compliance with Stormwater Permit Number SW8 980429, -issued to you on July 12,
1999, and amended on September 2,1999.
The prcject_has been found in violation of Stormwater Permit Number SW8 980429,
issued pursuant to the requirements of 15A NCAC 2H.1000. The violations found are: .
Section 11.4- The permittee shall at all times provide the operation and
maintenance necessary to assure the permitted stormwater system functions at
optimum efficiency.
a. All three ponds are severely overgrown with woody vegetation.
b. Some areas of the slopes are eroding.
C. All ponds had lots of trash floating at the water's edge and caught in the
high vegetation.
d. Due to the high vegetation, access to the outlet structure was not available.
:+
Customer er
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 980429
- 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 maintenance on the ponds.
3. Provide a copy of the recorded deed restrictions for any outparcels approved under
the SW8 980429 permit that have been sold, and documentation of the purchases.
The runoff from those outparcels must be directed into the appropriate pond for
treatment.
Failure to provide the "Plan of Action" by September 18, 2002, or to correct the__
violations by 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 Town of Morehead City Building Inspector, this Office is
requesting that the Building Inspector consider withholding future building permits and
Certificates of Occupancy for all outparcels associated with 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:\arl S:\WQS\STORMWAT\NOTICE\980429.SEP
cc: Perry McCutcheon, P.E.
Morehead City Building Inspections
Linda Lewis
Central Office

Mr. Hamilton
Soptember 4, 2002 ,�•. ..:
Stormwater Permit No. SW8 980429
To c decVffi&se violations you -must: -
- .1.: -Provide a written'" Plan -of Ac ion" which oiiflines the actions you will take to
correct the violations and a time frame for completion of those actions, on or
before- eptember 18,-2002::-
2. Perform the required maintenance on the ponds.
3. -Provide a.copy ofthe.recorded•deed restrictions for any outparcels approved under
lhe�SW8 980429 permit that have- sold, and `documentation of the purchases.
. _ The :r'unoff..from-those outparceis must be directed into the appropriatepond for
ireatinent.,.
Failure toprovide. ..'�Plan:ofAction" by.September;18,'2002,-or to correct the
violations bythe 'date. designated inthe "Plan of Action" ­ are considered violations of :15A NCAC
. 2H.1000, and may:result'in--the hiitiation'of enforcement action -which may -include
recommendations -for the assessment of civil and criminal penalties,-Purcnant toNCGS 143-
.215.6A.
By copy ofthis letter to the Town -of Morehead City Building Inspector; this Office is
,requesting -that the Building-Inspectoi consider withholding future buildingpermits,and
Certificates of Occupancy foiy all ouiparcels'associated with this project tmtil -this matter is
satisfactorilyresolv_ed."
"Ifyouhave:auy.questions `concerning t US761 tter;'please call Ms. Linda Lewis at (910)
" '395-3900.
'Rick Shiver'.."'".
Water Quality Regional Supervisor
f��r . ..
R.SS:\arl S:\WQS\STORMWAT\NOnCE\980429.SEP
cc: Perry'1VIcCutcheon=P E
Morehead .City Building Inspections ;
Lindal.ewis
-_ Central Office
i:. ,:
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North Carolina Coastal Federation • 3609 Hwy 24 (Ocean) Newport, NC.28570
(252) 393- 8185 -• Faic [phone]
For Immediate Release
Date: August 30, 2002
Contact: Frank Tursk Cape Lookout Coastkeeper
Phone: [phone]
Email: lookoutkeenerAnccoast.org
OCEAN
The NC Coastal Federation has asked state officials to re-examine stormwater permits
issued for a shopping center in Morehead City after recent heavy rains overflowed stormwater
ponds and flooded roads in the center.
The Morehead City area has been drenched with almost 10 inches of rain since Aug. 26.
The attached photos, which were taken on Aug. 28, show the stormwater ponds in the shopping
center overflowing, flooding the main entrances and exits from US 70. Vehicles stalled in the
floodwaters and a restaurant was forced to shut down because patrons couldn't make it to its
parking lot. At the height of the flooding, one eastbound lane of US 70 was inundated creating a
dangerous driving situation.
"This isn't the first time roads in the ihopping center flooded," noted Frank Tursi, the
Federation's Cape Lookout Coastkeeper, "and it's not merely a drainage problem."
The system of ponds, ditches and pipes built to contain runoff and prevent it from
polluting nearby waters has clearly failed, Tursi said in an email letter sent Aug. 29 to Alan
Klimek, the director of the Division of Water Quality, and Rick Shiver, supervisor of the
division's regional office in Wilmington. That office, which includes Carteret County, approved
permits since the late 1990s to control stormwater at the shopping center, which was built on a
tract of wetlands at the intersection of US 70 and NC 24.
State rules require that builders of intense developments, like shopping centers, in the
coastal counties stop at least the first inch of runoff during a heavy rain. Stormwater runoff can
contain harmful bacteria, toxic metals, fertilizer, herbicides, grease and oil and is now the main
source of coastal water pollution.
"Those rules allow anything after that first inch to flow through the stormwater ponds and
pipes directly to our estuaries," Tursi said. "That water isn't supposed to end up on roads, swamp
cars and create driving hazards."
Runoff from the shopping center is also polluting nearby rivers and streams, Tursi said.
The N.C. Division of Marines Fisheries has temporarily closed most shellfish waters in Carteret,
Onslow and Pender counties because of the heavy rain.
The system designed to contain stormwater at the shopping center isn't working as
intended, Tursi said, because it was either poorly designed or the permits' holders haven't
removed debris from outlets, catch basins or pipes.
Those permits require that immediate corrective action be taken if the stormwater system

fails. They also allow the Division of Water Quality to re-examine the permits and require
additional measures, such as replacing or building more stormwater systems. _.
"The state approved these permits," Tursi said. "The stormwater system it authorized is a
serious threat to public health and welfare, and immediate steps need to be taken to resolve this
situation. The state now has the responsibility to make sure these ponds and pipes and ditches are
doing what they're supposed to. Runoff from the shopping center shouldn't be polluting our
water and making roads unsafe."
Tribek Corporation of Charlotte, which developed the shopping center, was cited.earlier
this year by the US Army Corps of Engineers for violating its federal wetlands permit by failing
to adhere to the site plan approved by the Corps and for illegally filling wetlands.
"The shopping center was built on wetlands," Tursi noted. "Keep in mind that when this
tract was still wetlands, we didn't have flooding and pollution reaching our estuaries. The recent
heavy rains should prove one thing: Once a wetland, always a wetland. All those pipes, ponds
and ditches can't change that."
The North Carolina Coastal Federation (NCCF) is the state's largest nonprofit organization working to restore and protect the coast. NCCF
headquarters are located at 3609 Highway 24 in Ocean between Morehead City and Swansboro and are open Monday through Friday. The
headquarters includes NCCF's main offices, the Cape Lookout Coastkeeper office, a gift shop, nature trail, library, and Weber Seashell
Exhibit. The NCCF also operates a field office in Wilmington, which houses NCCF's Senior Scientist and the Cape Fear Coastkeeper. To
join NCCF or loam more about coastal conservation, call [phone] or check out its website at www.nccoast.org.

August 29, 2002
Alan Klimek
Director
NC Division of Water Quality
1617 Mail Service Center
Raleigh NC 27699-1617
Rick Shiver
Supervisor
NC Division of Water Quality
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405-2845
RE: Morehead Crossing Shopping Center (Stormwater permits SW8980429,
SW8000528)
Dear Mr. Klimek and Mr. Shiver:
The NC Coastal Federation requests that you immediately reopen the above permits to
determine if additional stormwater controls are needed after recent rains caused severe
flooding at the shopping center. We also ask that the Division issue a notice of violation
to the holders of the above permits for failing to comply with their state 401certification.
The Morehead City area has been drenched with 8-9 inches of rain since Aug. 26. The
attached photos, which were taken yesterday, show the stormwater ponds in the shopping
center overflowing, flooding the main entrances and exits from US 70. Vehicles stalled in
the floodwaters and a restaurant was forced to shut down because patrons couldn't make
it to its parking lot. At the height of the flooding, one eastbound lane of US 70 was
inundated creating a dangerous driving situation.
The stormwater system has failed to perform satisfactorily, either through poor design or
a failure to remove debris from outlets, catch basins or pipes. The flooding is a'dangerous
nuisance, and the resulting runoff is almost certainly polluting the receiving coastal
waters. The permit terms require that the permitees take immediate corrective action,
including any that may be required by the Division, such as replacing or building
additional stormwater systems.
The US Army Corps of Engineers earlier this year issued a NOV to the developers of the
shopping center for not following its 404 permit. The Division's coastal stormwater

,t
permits required compliance with the 401 Water Quality Certification that was issued for
the project. The 401 required compliance with the 404 permit. Since you approved the
project, a new access road and a Staples store has been added to the shopping center that
was not included in the 404 permit or the 401 Certification that was issued.
This is not the first time flooding has occurred as a result of this stormwater system. We
documented similar flooding last spring. The fact that such overflows have happened
even during a period of drought should be very worrisome. Heavy rainfalls that
frequently proceed evacuations for hurricanes could create a very dangerous situation if
stormwater overflow from the shopping center blocks traffic on Highway 70. The
stormwater system you have authorized is a serious threat to public health and welfare,
and immediate steps need to be taken to resolve this situation.
Sincerely,
Frank Tursi
Cape Lookout Coastkeeper
N.C. Coastal Federation
252-393-8185, ex. 33

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890 .
WILMINGTON. NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF:
September 12, 2002
Subject: Action ID No. 200201244
Mr. Lynn McAlexander, Civil Engineer Manager
Wal-Mart Corporation
2001 SE 10 h Street
Bentonville, Arkansas 72716-0550
Dear Mr. McAlexander:
Please reference your November 14, 2001 and July 9, 2002 telephone conversations with
Mr. Mickey Sugg of my staff, regarding Wal-Mart's non-compliance of our January 29, 1998
issued permit (copy enclosed) for the expansion of Cypress Bay Shopping Center, near Morehead
City, Carteret County, North Carolina. The purpose of this letter is to confirm that Wal-Mart
owns the tract where the facility is currently located, and to request additional information in
order for our office to determine your eligibility for a permit modification.
In the conversations, you were informed that the construction of the Wal-Mart facility is
in non-compliance with the permit's special conditions (a) and (c). Also, in the permit, it states
"If any change in the authorized work is required because of unforeseen or altered conditions or
for any other reason, the plans revised to show the change must be sent promptly to this office.
Such action is necessary, as revised plans must be reviewed and the permit modified." Wal-
Mart's modification to the original plans has violated the terms and conditions of the issued
Department of the Army (DA) permit. By copy of this letter, the U.S. Attorney's office is being
notified of this non-compliance action.
In order to bring your permit action into compliance, you must fulfill the requirements set
forth in the Clean Water Act Section 404(b)(1) Guidelines. As discussed with Mr. Sugg, these
guidelines provide for first, avoiding impacts to waters and wetlands through the selection of the
least damaging, practicable alternative; second, taking appropriate and practicable steps to reduce
impacts on waters and wetlands; and finally, compensation for remaining unavoidable impacts to
the extent appropriate and practicable. During the review of the initial project design, it was
demonstrated that the project avoided and minimized wetland impacts as much as practicable;
and was in compliance with the 404(b)(1) guidelines. To enable us to determine if your current
construction design complies with the guidelines, we request that you provide the following
additional information:
a. Permits for work within wetlands or other special aquatic sites are available only if the
proposed work is the least environmentally damaging, practicable alternative. Please furnish

information regarding any other alternatives, including onsite upland alternatives, to the work for
which you have constructed, and provide justification that your construction layout is the least
damaging to water or wetland areas on the property.
b. It was necessary for you to have taken all appropriate and practicable steps to minimize wetland
losses. Please indicate all that your current construction has done, especially regarding development and
modification of plans and proposed construction techniques, to minimize adverse impacts to wetlands.
c. The Guidelines require that appropriate and practicable mitigation will be required for
all unavoidable adverse impacts remaining after all appropriate and practicable minimization has
been employed. With our January 29, 1998 issued permit, a mitigation plan was agreed --upon and
implemented to compensate for the unavoidable loss of waters or wetlands in the initial permit
design. As you have discussed with Mr. Sugg on several occasions, specifically in a March 4,
2002 telephone conversation, the mitigation monitoring reports are demonstrating that the Laurel
Load mitigation site is failing to meet the hydrological and vegetative parameter. Without any
guarantees that the site will succeed, it is our position that you should seek other mitigation
options to fulfill this requirement.
The aforementioned, requested information is essential in bringing your permit into
compliance and for us to determine if your current construction design is eligible for permit
modifications. You should forward this information to us within two (2) weeks of your receipt
of this letter. Upon receipt of your response, we will then determine further appropriate
administrative or legal action.
Additionally, we request that you, or the appropriate personnel, provide a signature on
page (4) of the enclosed copy of the permit. This will validate the transfer of this permit as it
pertains to the parcel in Wal-Mart's ownership.
Thank you for your immediate attention and cooperation in this matter. If you have any
questions or comments, please do not hesitate to contact Mr. Sugg at telephone [phone],
Wilmington Regulatory Field Office.
Sincerely,
Keith A. Harris, Chi SEP i 6
Wilmington Field Of
Enclosure pIVIS10N OF
COASTAL MANAGEMENT

Copies furnished (without enclosure):
Mr. Garland Purdue
U.S. Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Ron Sechler
National Marine Fisheries, NOAA
Pivers Island
Beaufort, North Carolina 28516
State Property Office
North Carolina Department of
Administration
116 West Jones Street
Raleigh, North Carolina 27611
Ms. Noel Lutheran
Division of Water Quality
North Carolina Department of
Environment and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845
Mr. John Dorney
Division of Water Quality
North Carolina Department of
Environment and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Ms. Linda Lewis
Division of Water Quality-Stormwater Section
North Carolina Department of
Environment and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845
It,,
_Y -..� TR-P-
2002 -
=t
U. S. Attorney
Eastern District of North Carolina
310 New Bern Avenue
Suite 800, Federal Building
Raleigh, North Carolina 27611
Mr. Mike Wiley
U.S. Environmental Protection Agency
Wetlands Protection Section - Reginn IV
61 Forsyth Street
Atlanta, Georgia 30303
Ms. Linda Stabb, Planning Director
Town of Morehead City
Post Office Drawer M
Morehead City, North Carolina 28557
Mr. Blanton Hamilton
Tribek Corporation
200 Providence, Suite 106
Charlotte, North Carolina 28207
-zV'V.V
SEP 16 io
01V1S10NA EN�ENT
C�pgtA� MAN

State of North Carolina
Department of Environment and Natural Resources
Wilmington Regional Office5'�
Michael F. Easley, Governor William G. Ross Jr., Secretary
r �
�" D �4�
V
FAX COVER SHEET �
AEU
Date: co cif , n :D , c) Z No. Of Pages: �du CQ VG r
To: _ c G r1�c From: c. v
CO: CO:
FAX #: r FAX#: [phone]
• ' �_ .. _ .
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer

* * * COMMUNICATION RESULT REPORT ( SEP. 3.2002
FILE MODE OPTION
---------------------------
992 MEMORY T
REASON FOR ERROR
E-1) HANG UP OR LINE FAIL
E-3) NO ANSWER
ADDRESS (GROUP)
---------------
DEM DIRECTORS
P. 1
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TTI NCDENR WIRO
RESULT PAGE
----------------------------
OK P. 10/10
E-2) BUSY
E-4) NO FACSIMILE CONNECTION
State ofNorf Molina
Department of Enviro=ent and Natural Resources
Wilmington Regional. Office
Michael F. Easley, Governor William G. boss Jr., Secretary
FAX COVER SHEET
Hate: en &:I . n :�j � c) No. Of Pages: /7/1 re I
To: lEft.x\ i T— c&,r- = r C ^ From: t/
eo: CO:
FAX #: 31 FAX#: 910-350,2004
127 Cardinal Drive Extension, Wilmington, N.G 2840MB45 Telephone [phone] Fax (910) 35MG04
An Equal Opportunity Affirmative Actlon Employer

ater ualit Section Enforcement Tracking S stel .
SOUTH STAR HOLDINGS, LLC
Statutory Au lioritv 143-215.EA(a),(la} &{cy
PROVIDENCE ROAD, SUITE I ICARTERET 1 WIRO
. ,HARLOTTE NG 2 207 Subbasin
MunfNanM ❑ M�t�1Min ❑ Farni h ❑ — F— Facility 'l �•ne
Central Office Log in Date 10/ 11 /99 StaffReview Com Iete
BotJ Sledge Assistant Section Chief Review
regiana! Contact Linda Lewis Section Chief Review
12107
Violation MontWear*
s * ReLional DMIR a
Leiter Date 1210 7199
Penaltv Amount �4.000.00
Dates
Enforcement Costs $271.46
- 3=;.. ' $4,271.46
F<L'•.D R�Lceiyed Reply Due B
12/09/99 01 /08/00
Mr. Blanton Hamilton
UIM
r- r- " 7 ' - . 12/30/99
IW'Enf. Conf. Date 02/02/00
Remission Amount so.00
Enf. Conf. Green
Fac. Requests appearance JE Yes
Notification to appear
before EMC receiv4d
E.MC ]dears Case 04/13/00
EM[ Remmisioit $O,00
Amount
Hamilton
Petitioner! in OAH
Penal tv Retracted
CaSC tp ColleCtion
Tdta1 Paid $4,271.46:
Case Closed I 05109
Payment Remission
Petition
Collection
Settlement
Fast Track
Admin

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
December 7, 1999
CERTIFIED MAUL Z 297 820 068
RETURN RECEIPT REQUESTED
Mr. Blanton Hamilton
Southstar Holdings — Morehead City, LLC
200 Providence Road, Suite 106
Charlotte, NC 28207
Dear Mr. Hamilton:
A Iffl?1%
7�jjp7jx
woo
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
SUBJECT: Assessment of Civil Penalties for Violation of
15A NCAC 2H .1003
Southstar Holdings — Morehead City, LLC
Morehead City Lowe's Site
Case Number WQ 99-006
Carteret County
This letter transmits notice of a civil penalty assessed against Southstar Holdings —
Morehead City, LLC in the amount of $4,271.46, including $271.46 in enforcement costs.
Attached is a copy of the assessment document explaining this penalty. This action was
taken under the authority vested in me pursuant to delegation provided by the Secretary of the
Department of Environment and Natural Resources. Any continuing violation(s) may be the
subject of a new enforcement action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment
and Natural Resources (do not include waiver form). Payment of the penalty will
not foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
1617 Mail Service Center Raleigh, North Carolina 27699-1617 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

I
Ms. Coleen Sullins
Water Quality Section Chief
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed
justification for such request.
A request for remission or mitigation is limited to consideration of the
reasonableness of the amount of the penalty and is not the proper procedure for
contesting the accuracy of any of the statements contained in the assessment letter.
Because a remission request forecloses the option of an administrative hearing,
such a request must be accompanied by a waiver of your right to an administrative
hearing and a stipulation that there are no factual or legal issues in dispute. You
must execute and return to this office the attached waiver and stipulation form and
a detailed statement which you believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b)
were wrongfully applied to the detriment of the petitioner;
(b) the violator pronniiptly abated continuing environmental darnage resulting
from the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining
necessary remedial actions.
Please submit this information to the attention of:
Ms. Coleen Sullins
Water Quality Section Chief
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Please note that all information presented in support of a request for remission
must be submitted in writing. The Director of the Division of Water Quality will
review the information during a bimonthly enforcement conference and inform
you of his decision in the matter of the remission request. His response will
provide details regarding case status, directions for payment and provision for
further appeal of the penalty to the Environmental Management Commission's
Committee on Civil Penalty Remissions. Please be advised that the Committee
cannot consider information that was not part of the original remission request
considered by the Director and therefore, it is very important that you prepare a
complete and thorough statement in support of your request for remission.

OR
3. Submit a written request for an administrative hearing:
If you wish to contest any statement in this assessment letter, you must request an
administrative hearing. This request must be in the form of a written petition to the
Office of Administrative Hearings and must conform to Chapter 150B of the North
Carolina General Statutes. You must
File your original petition with the
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
and
Mail or hand -deliver a copy of the petition to
Mr. Dan McLawhorn
General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty days as evidenced by a date
stamp (not a postmark) indicating when we received your response, will result in this matter
being referred to the Attorney General's Office with a request to initiate a civil action to collect
the penalty. Please be advised that additional assessments may be levied for violations that occur
after the review period of this assessment.
If you have any questions concerning this matter, please contact Mr. Bob Sledge at (919)
733-5083, extension 547.
Sincerely,
Kerr T. Stevens
Attachment
cc: Regional Supervisor w/attachments
Compliance/Enforcement File w/attachments
Central Files w/attachments

STATE OF NORTH CAROLINA
COUNTY OF CARTERET
IN THE MATTER OF ASSESSMENT )
OF CIVIL PENALTIES AGAINST )
SOUTHSTAR HOLDINGS — MOREHEAD CITY, LLC)
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. WO 99-006
Having been assessed civil penalties totaling $4,271.46 for violation(s) as set forth in the
assessment document of the Director of the Division of Water Quality dated December 7. 1999, the
undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an
administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the
assessment document. The undersigned further understands that all evidence presented in support of
remission of this civil penalty must be submitted to the Director of the Division of Water Quality
within 30 days of receipt of the notice of assessment. No new evidence in support of a remission
request will be allowed after 30 days from the receipt of the notice of assessment.
This the day of ,
BY
ADDRESS
TELEPHONE

STATE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
COUNTY OF CARTERET File No. WQ 99-006
IN THE MATTER OF
SOUTHSTAR HOLDINGS — )
MOREHEAD CITY, LLC )
FOR ENGAGING IN DEVELOPMENT )
ACTIVITIES WITHOUT OBTAINING A )
STORMWATER MANAGEMENT PERMIT )
IN VIOLATION OF 15A NCAC 2H .1003 )
FINDINGS AND DECISIONS
AND ASSESSMENT OF
CIVIL PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources, I, Kerr T. Stevens, Director of the Division of Water
Quality (DWQ), make the following:
I. Findings of Fact
A. Southstar Holdings — Morehead City, LLC (Southstar) is a limited liability
corporation organized and existing under the laws of the State of North Carolina.
B. Southstar has developed a site located between U.S. Highway 24 and U.S.
Highway 70 in Morehead City, in Carteret County, North Carolina, as a Lowe's
Building Supply with associated outparcels.
C Southstar submitted an application (received on March 16, 1998) to the North
Carolina Division of Land Quality for the disturbance of approximately 22 acres
of land at the Morehead City site.
D. On April 17, 1998, Southstar submitted an application for a Stormwater
Management Permit to the Wilmington Regional Office. The application was
reviewed by DWQ staff and determined to be incomplete. Southstar was
informed of the deficiencies in the application by letter addressed to project
engineer Perry McCutcheon dated June 3, 1998 and was advised to supplement its
application with required information. The letter noted that further review could
not continue until the required information was submitted.
E. Subsequent to receipt of additional project information, Southstar was informed
on four other occasions of deficiencies in its application package and of the need
to submit additional information.

F. In a letter dated February 15, 1999, project engineer McCutcheon informed DWQ
that the Southstar project was completed and open for business.
G. Staff of DWQ's Wilmington Regional Office visited Southstar's Morehead City
site on March 8, 1999. The visit confirmed completion of construction of
commercial buildings, parking and outparcels. The development had increased
the impervious surface at the site or otherwise decreased the infiltration of
precipitation into the soil.
H. The Stormwater Management Permit for Southstar's Morehead City site was
issued on July 12, 1999.
I. The costs to the State of enforcement procedures in this matter totaled $271.46.
Based upon the above Findings of Fact, I make the following:
IL CONCLUSIONS OF LAW
A. Southstar is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S.
143-212(4).
B. North Carolina Administrative Code Section 15A NCAC 2H .1003 requires
development activities within the State's coastal counties that require a CAMA
major development permit or a Sedimentation/Erosion Control Plan to obtain a
stormwater management permit.
C. Carteret County is a coastal county pursuant to 15A NCAC 2H .1002.
D. The construction of commercial buildings, parking and outparcels at Southstar's
Morehead City site is "development" pursuant to 15A NCAC 2H .1002.
E. Southstar was required to obtain a stormwater management permit for
development of its Morehead City site prior to its commencement of construction
that increased impervious surface at the site pursuant to 15A NCAC 2H .1003.
F. Southstar violated 15A NCAC 2H .1003 by failing to obtain a stormwater
management permit for its development at the Morehead City site before it began
construction at the site.
G. 15A NCAC 2H .1003 is a rule of the Environmental Management Commission
implementing Chapter 143, Article 21, Part 1 of the North Carolina General
Statutes.

H. Southstar may be assessed civil penalties in this matter pursuant to G.S. 143-
215.6A(a)(6), which provides that a civil penalty of not more than ten thousand
dollars per violation may be assessed against a person who violates a rule of the
Commission implementing Chapter 143, Article 21, Part 1 of the North Carolina
General Statutes.
I. The State's enforcement costs in this matter may be assessed against Southstar
pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8).
7- The Director of the Division of Water Quality, pursuant to delegation provided by
the Secretary of the Department of Environment and Natural Resources, has the
authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, Southstar Holdings — Morehead City, LLC is hereby assessed a civil
penalty of:
for failing to obtain a stormwater management permit as
required by 15A NCAC 2H .1003 before engaging in
development activities at the Morehead City site.
TOTAL CIVIL PENAL'ITX, which is 1*0_ percent of the
maximum penalty authorized by G.S. 143-215.6A
Enforcement costs
TOTAL AMOUNT DUE

Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken
into account the Findings of Fact and Conclusions of Law and the factors set forth at
G.S. 143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health,
or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
(Date) Kerr T. Stevens, Director
Division of Water Quality

Jacksonville Daily News September 4, 2002
Retention ponds get attention from state
By PATRICIA SMITH-HEUPEL
DAILY NEWS STAFF
MOREHEAD CITY — State inspectors Tuesday found overgrowth and trash in some of
the stormwater retention ponds at Morehead Crossing shopping center — home to
Lowe's, Staples and Wal-Mart.
They are still reviewing whether the debris caused the ponds to overflow and flood part
of the shopping center drive during heavy rainfall last week, said Ernie Seneca,
spokesman for the N.C. Division of Water Quality.
"Even if the system was designed and working properly, to hold that amount of rain, that
would be very difficult," Seneca said.
Shopping center developer Blanton Hamilton, a partner in the Charlotte -based Tribek
Corp. agreed that it is possible that maintenance of the retention ponds slipped.
"We'll get the trash out and the grass out and make sure that problem is taken care of in
the next couple of days," Hamilton said.
Hamilton stressed, however, that he believes the debris did not cause the flooding.
"That is completely independent of and not a cause of any flooding in the area,"
Hamilton said.
Frank Tursi, Cape Lookout coastkeeper with the North Carolina Coastal Federation, was
not so sure. He took pictures of the overflow.
"It flooded and it was coming from the ponds that were closest to the main access road,
and it was clear that the flood was coming from the ponds," Tursi said.
While state rules only require that such stormwater systems be built to stop the first inch
of runoff in a heavy rain, the system should not have overflowed, Tursi said.
"The excess should have flowed through the system and into the estuary," Tursi said.
Hamilton said that flow could have been blocked elsewhere and backed up to the
shopping center site.
State water quality officials inspected the site in response to a complaint from the Coastal
Federation, Seneca said. They checked five retention ponds on the site, three from the
Lowe's parking lot and two from the Wal-Mart parking lot.

"The Wal-Mart stormwater system is well -maintained," Seneca said. "At Lowe's,
however, the ponds were overgrown and trash was observed in them."
Additionally, Seneca said, inspectors found the drive that runs from the Cypress Bay
Plaza behind McDonald's and Applebee's to Morehead Crossing was not on the shopping
center's state stormwater plan.
Hamilton said Wal-Mart purchased the property between Ruby Tuesdays and what's
known as the Kelly property in order to build the road. Seneca said Hamilton told state
officials of the sale Tuesday, but until it is confirmed all communication will still go to
Tribek Corp.
"What typically happens in a situation like this is we'll communicate with the responsible
party and ask them to address these problem areas," Seneca said.
Penalties have not yet been determined, Seneca said. State law allows fines of up to
$10,000 per violation per day.
It will not be the first notice of violation the state has sent regarding development of the
shopping center.
In December 1999, the Division of Water Quality assessed fines of $4,271.46 against
Southstar Holdings — Morehead City, of which Hamilton was the contact, for developing
the shopping center prior to obtaining a stormwater permit. The fine was paid in May
2000, Seneca said.
The Army Corps of Engineers also notified Tribek in January this year that the shopping
center is out of compliance with its federal wetlands permit. Corps Project Manager
Mickey Sugg said Tuesday that Tribek is in the process of developing a new mitigation
plan for about 1,000 square feet of additional wetlands that was disturbed.
Additionally, Sugg said he is sending a letter notifying Tribek that its mitigation project
for the shopping center does not appear to be working.
#################

1
AINNO
�,
J
PRO
PE-R
T/ES
VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED
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 at Lowe's of Morehead City Stormwater Permit
#SW8980429 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. This letter will serve as our "Plan of Action". Although the maintenance and
operation of the stormwater pond are the responsibility of Lowe's Companies, Inc. under a lease
agreement dated February 2, 1998, we will ensure that the following steps will be taken immediately:
1. Mow and remove severely overgrown and woody vegetation around all three ponds.
2. Repair any slope erosion around the ponds.
3. Remove trash in and around the ponds.
4. Ensure that the outlet structure is cleared.
Should you need any additional information about these projects after reviewing this, please do not
hesitate to call me or the engineer for the project:
Dale Isom, Isom Associates 1311 Collegiate Drive, Wilkesboro, North Carolina 28697
[phone] Ext. 30, Fax [phone]
Very yours,
E. Blanton Hamilton, Jr.
Partner
cc: Dale Isom
Property Manager of Lowe's Companies, Inc.
200 Providence Road n Suite 106 o Charlotte, North Carolina 28207 - 704/333-8484 • Fax: [phone]
COMMERCIAL REAL ESTATE SERVICES

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1. Article Addressed to: D. is delivery address different from Rem 1. ❑ es
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127 Cardinal Drive Ext,
Wilmington, NC 28405 (Attn: Bev)
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Permit No: G-10

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 3740
RETURN RECEIPT REQUESTED
Mr. Blanton Hamilton, Member
Southstar Holdings -Morehead City, LLC
200 Providence Road Suite 106
Charlotte, NC 28207
Subject: NOTICE OF VIOLATION
Lowe's of Morehead City
Stormwater Permit No. SW8 980429
Carteret County
Dear Mr. Hamilton:
On September 3, 2002, Wilmington Regional Office personnel performed a Compliance
Inspection of the project known as Lowe's of Morehead City, located off NC 24 and US 70, _. _ _
Morehead City in Cartcrct County, North Carolina. The inspection was performed to determine
the status of compliance with Stormwater Permit Number SW8 980429, issued to you on July 12,
1999, and amended on September 2, 1999.
The project has been found in violation of Stormwater Permit Number SW8 980429,
issued pursuant to the requirements of 15A NCAC 2H.1000. The violations found are:
.1. Section H.4- The permittee shall at all times provide the operation and
maintenance necessary to assure the permitted stormwater system functions at
optimum efj"iciency.
a. All three ponds are severely overgrown with woody vegetation.
b. Some areas of the slopes are eroding.
C. All ponds had lots of trash floating at the water's edge and caught in the
high vegetation.
d. Due to the high vegetation, access to the outlet structure was not available.
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 980429
k 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 maintenance on the ponds.
3. Provide a copy of the recorded deed restrictions for any outparcels approved under
the SW8 980429 permit that have been sold, and documentation of the purchases.
The runoff from those outparcels must be directed into the appropriate pond for
treatment.
- = 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 Town of Morehead City Building Inspector, this Office is
requesting that the Building Inspector consider withholding future building permits and
Certificates of Occupancy for all ourparcels associated with 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:\arl S:\WQS\STORMWAT\NOTICE\980429.SEP
cc: Perry McCutcheon, P.E.
Morehead City Building Inspections
Linda Lewis
Central Office

Lowes - Morehead City Case
Subject: Lowes - Morehead City Case
Date: Wed, 20 Oct 1999 11:02:08 -0400
From: Bob Sledge <[e-mail]>
To: Linda Lewis <[e-mail]>
I've been looking over this case again this morning. I wanted to ask
you a few questions about the case that may come up when we present it
to Tommy for assessment. pQ
1. When was our permit for this activity actually issued. q_12' (-1 y
2. Has there been any on -site verification of the treatment processes
and do you feel they arefunctioning properly?
3. Is it common that ponds designed for the stormwater controls would �� Glet be used as erosion control measures during the construction phase. el
Should dual measures be in place as construction progresses and b se�'f en
impervious surfaces are created? Would the use of the ponds for erosion
control (potentially) alter their ability to function as a stormwater
holding/treatment basin?
4. I see that Mr. Blanton was copied on correspondence to the �ZQ
engineer. Do you feel that he and the builder were aware of all that ye S
was going on between you and the engineer?
5. Were we aware of the construction activity as it was going on? No 12,
(10
6. Do you feel it was clear to the owner and builder that development I�SP 6
that led to establishement of impervious surfaces without first
obtaining the permit was a violation? Do you have any feeling as to 1�L
whether what was in place before permit issuance was adequate to treat
what it received?
7. Checking the Sec. of State's corporation database, I do find a
listing for Southstar Holdings, LLC, but I also find ones for Southstar
Holdings - Morehead City LLC (and - Morehead City II & III). Can you
give me any more clari y on w at entity is responsible for this? Do we
have a copy of the Sedimentation Control Plan or whatever the permitting
entity gave them to allow them to begin construction? Did they include
any statement of financila responsibility? VP
8. Any idea on what penalty range you or Rick would like to see out of
this case?
I know you stay swamped with all of this. Please respond in the most
convenient means at the most convenient time for you. Thank you for
your time and attention.
Bob
1 of 1 10/20/1999 11:46 AM

AGENDA ITEM: Request for Remission of Civil Penaltyby
Southstar Holdings — Morehead City. LLC (WO 99-006)
New Hanover Countv
EXPLANATION: On December 7, 1999, Kerr T. Stevens, Director of
the Division of Water Quality assessed a civil
penalty of $4,271.46, including $271.46 in
investigative costs, against Southstar Holdings
Morehead City. LLC for violation of 15A NCAC
2H .1003 (Stormwater Management Rules).
RECOMMENDATION:
On December 30, 1999„Mr. Blanton Hamilton
requested remission and waived Southstar Holdings
-- Morehead City. LLC's right to an administrative
hearing and stipulated that the facts were as alleged
in the assessment document.
The Division of Water Quality opposes any
remission or mitigation of the penalty.
The recommendation is made for the following
reason:
/.3
1. The Director considered information
submitted in support of Southstar Holdings
— Morehead City. LLC's request for
remission of civil penalties in accordance
with G.S. 143-215.6A(f) and did not find
grounds to modify the initial penalty
assessment of $4,271.46.
j\j '� US4
�-9�

State of North Carolina
Department of Environment _
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
December 7,1999
CERTIFIED MAIL Z 297 820 068
RETURN RECEIPT REQUESTED
Mr. Blanton Hamilton
Southstar Holdings — Morehead City, LLC
200 Providence Road, Suite 106
Charlotte, NC 28207
Dear Mr. Hamilton:
MAI
•
NCDENR
NORTH C,AROUNA DEPARTMENT Or
ENVIRONMENT AND NQURAL RESOURCES
SUBJECT: Assessment of Civil Penalties for Violation of
1 SA NCAC 2H .1003
Southstar Holdings — Morehead City, LLC
Morehead City Lowe's Site
Case Number W Q 99-006
Carteret County
This letter transmits notice of a civil penalty assessed against Southstar Holdings —
Morehead City, LLC in the amount of $4,271.46, including $271.46 in enforcement costs.
Attached is a copy of the assessment document explaining this penalty. This action was
taken under the authority vested in me pursuant to delegation provided by the Secretary of the
Department of Environment and Natural Resources. Any continuing violation(s) may be the
subject of a new enforcement action, including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environment
and Natural Resources (do not include waiver form). Payment of the penalty will
not foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the attention of:
1617 Mail Service Center Raleigh, North Carolina 27699-16 7 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

Ms. Coleen Sullins
Water Quality Section Chief
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2. Submit a written request for remission or mitigation including a detailed
justification for such request.
A request for remission or mitigation is limited to consideration of the
reasonableness of the amount of the penalty and is not the proper procedure for
contesting the accuracy of any of the statements contained in the assessment letter.
Because a remission request forecloses the option of an administrative hearing,
such a request must be accompanied by a waiver of your right to an administrative
hearing and a stipulation that there are no factual or legal issues in dispute. You
must execute and return to this office the attached waiver and stipulation form and
a detailed statement which you believe establishes whether.
(a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b)
were wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting
from the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining
necessary remedial actions.
Please submit this information to the attention of:
Ms. Coleen Sullins
Water Quality Section Chief
Division of Water Quality
1.617 Mail Service Center
Raleigh, North Carolina 27699-1617
Please note that all information presented in support of a request for remission
must be submitted in writing. The Director of the Division of Water Quality will
review the information during a bimonthly enforcement conference and inform
you of his decision in the matter of the remission request. His response will -
provide details regarding case status, directions for payment and provision for
further appeal of the penalty to the Environmental Management Commission's
Committee on Civil Penalty Remissions. Please be advised that the Committee
cannot consider information that was not part of the original remission request
considered by the Director and therefore, it is very important that you prepare a
complete and thorough statement in support of your request for remission.
15

OR
3. Submit a written request for an administrative hearing:
if you wish to contest any statement in this assessment letter, you must request an
administrative hearing. This request must be in the form of a written petition to the
Office of Administrative Hearings and must conform to Chapter 150B of the North
Carolina General Statutes. You must
File your original petition with the
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
and
Mail or hand -deliver a copy of the petition to
Mr. Dan McLawhorn
General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty days as evidenced by a date
stamp (not a postmark) indicating when we received your response, will result in this matter
being referred to the Attorney General's Office with a request to initiate a civil action to collect
the penalty. Please be advised that additional assessments may be levied for violations that occur
after the review period of this assessment.
If you have any questions concerning this matter, please contact Mr. Bob Sledge at (919)
733-5083, extension 547.
Sincerely,
Kerr T. Stevens
Attachment
cc: Regional Supervisor w/attachments
Compliance/Enforcement File w/attachments
Central Files w/attachments /
0

STATE OF NORTH CAROLINA
COUNTY OF CARTERET
IN THE MATTER OF
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
File No. WQ 99-006
SOUTHSTAR HOLDINGS —
) FINDINGS AND DECISIONS
MOREHEAD CITY, LLC
) AND ASSESSMENT OF
CIVIL PENALTIES
FOR ENGAGING IN DEVELOPMENT
)
ACTIVITIES WITHOUT OBTAINING A
)
STORMWATER MANAGEMENT PERMIT)
IN VIOLATION OF 15A NCAC 2H .1003
)
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources, I, Kerr T. Stevens, Director of the Division of Water
Quality (DWQ), make the following:
L Findines of Fact
A. Southstar Holdings — Morehead City, LLC (Southstar) is a limited liability
corporation organized and existing under the laws of the State of North Carolina.
B. Southstar has developed a site located between U.S. Highway 24 and U.S.
Highway 70 in Morehead City, in Carteret County, North Carolina_, as a Lowe's
Building Supply with associated outparcels.
C Southstar submitted an application (received on March 16, 1998) to the North.
Carolina Division of Land Quality for the disturbance of approximately 22 acres
of land at the Morehead City site.
D. On April 17, 1998, Southstar submitted an application for a Stormwater
Management Permit to the Wilmington Regional Office. The application was
reviewed by DWQ staff and determined to be incomplete. Southstar was
informed of the deficiencies in the application by letter addressed to project
engineer Perry McCutcheon dated June 3, 1998 and was advised to supplement its
application with required information. The letter noted that further review could
not continue until the required information was submitted.
E. Subsequent to receipt of additional project information, Southstar was informed
on four other occasions of deficiencies in its application package and of the need
to submit additional information.
17

F. In a letter dated February 15, 1999, project engineer McCutcheon
informed DWQ
that the Southstar project was completed and open for business
G. Staff of DWQ's Wilmington Regional Office visited Southstar's Morehead City
site on March 8,1999. The visit confirmed completion of construction of
commercial buildings, parking and outparcels. The development had increased
the impervious surface at the site or otherwise decreased the infiltration of
precipitation into the soil.
H. The Stormwater Management Permit for Southstar's Morehead City site was
issued on July 12, 1999.
I. The costs to the State of enforcement procedures in this matter totaled $271.46.
Based upon the above Findings of Fact, I make the following:
IL CONCLUSIONS OF LAW
A. Southstar is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S.
143-212(4).
B. North Carolina Administrative. Code Section 15A NCAC 2H .1003 requires
development activities within the State's coastal counties that require a CAMA
major development permit or a Sedimentation/Erosion Control Plan to obtain a
stormwater management permit.
C. Carteret County is a coastal county pursuant to 15A NCAC 2H .1002.
D. The construction of commercial buildings, parking and outparcels at Southstar's
Morehead City site is "development" pursuant to 15A NCAC 2H .1002..
E. Southstar was required to obtain a stormwater management permit for
development of its Morehead City site prior to its commencement of construction
that increased impervious surface at the site pursuant to 15A NCAC 2H .1003.
F. Southstar violated 15A NCAC 2H .1003 by, failing to obtain a stormwater
management permit for its development at the Morehead City site, before it began
construction at the site.
G. 15A NCAC 2H .1003 is a rule of the Environmental Management Commission
implementing Chapter 143, Article 21, Part 1 of the North Carolina General
Statutes.
/8

H. Southstar may be assessed civil penalties in this matter pursuant to G.S. 143-
215.6A(a)(6), which provides that a civil penalty of not more than ten thousand
dollars per violation may be assessed against a person who violates a rule of the
Commission implementing Chapter 143, Article 21, Part 1 of the North Carolina
General Statutes.
L The States enforcement costs in this matter may be assessed against Southstar
pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282. I (b)(8).
J. The Director of the Division of Water Quality, pursuant to delegation provided by
the Secretary of the Department of Environment and Natural Resources, has the
authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, Southstar Holdings — Morehead City, LLC is hereby assessed a civil
penalty of:
$ � 00 o for failing to obtain a stonmwater management permit as
required by 15A NCAC 2H .1003 before engaging in
development activities at the Morehead City site.
$ �000 TOTAL CIVIL PENALTY, which is 1*0 percent of the
maximum penalty. authorized by G.S. 143-215.6A
$ H C. Enforcement costs
TOTAL AMOUNT DUE
/y

Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken
into account the Findings of Fact and Conclusions of Law and the factors set forth at
G.S. 14313-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health,
or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
(Date) Kerr T. Stevens, Director
.Division of Water Quality
AD

STATE OF NORTH CAROLINA
COUNTY OF CARTERET
IN THE MATTER OF ASSESSMENT )
OF CIVIL PENALTIES AGAINST )
SOUTHST R HOLDINGS - MO.R. EIEE.D E-TrY.', T Q
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
WAIVER OF RIGHT TO AN.
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. WO 99-006
Having been assessed civil penalties totaling $4.271.46 for violation(s) as set forth in the
assessment document of the Director of the Division of Water Quality dated December 7. 1999, the
undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an
administrative hearing is the above. -stated matter and does stipulate that the facts are as alleged in the
assessment document. The undersigned further understands that all evidence presented in support of
remission of this civil penalty must be submitted to the Director of the Division of Water Quality
within 30 days of receipt of the notice of assessment. No new evidence in support of a remission
request will be allowed after 30 days from the receipt of the notice of assessment.
.J
This the 23 day of
BY
ADDRESS e
f ±-Axes
:f,
;Zoo p-avi-c y PJ --.* /J(p
�1wr6J1k. /�L. A�'��
TELEPHONE
2oc/- 333 �����

■
P R O P E R T/ E S
December 20, 1999
Ms. Coleen Sullins
Water Quality Section Chief
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Re: Assessment of Civil Penalties for Violation of 15A NCAC 2H.1003
Southstar Holdings -Morehead City, LLC
Morehead City Lowe's Site
Case No. WQ99-006 Carteret County
Dear Ms. Sullins:
I am in receipt of the above referenced transmittal dated December 7, 1999 from Kerr T.
Stevens. In addition, I have spoken via telephone to Bob Sledge about this information. As an
owner of Southstar Holdings -Morehead City, LLC, I am waiving our right to an administrative
hearing and do stipulate that the facts are as alleged in the assessment document. Pursuant to
your request, please find enclosed the document agreeing to this.
Although I do not contest the amount of money required by the State to enforce its actions
($271.46), I do vehemently disagree with the civil penalty of $4,000.00. My primary objection
over this amount is centered on the fact that our storm water management system as constructed
is and has always been consistent with that required by the State. At all times, we have made
every effort to cooperate with the Wilmington Regional Office in obtaining the storm. water
management permit.
It is commercially infeasible to suggest that we postpone all construction activities for 15 months
before commencing our project (the original application was filed. on April 17, 1998 and the
permit was issued on July 12, 1999). During this time, we obtained all other building permits
from the City of Morehead City and State and were able to open the project for business in early
1999. During construction, as comments were given to us by your Wilmington Office, we
incorporated these into the development. At one point, our contractor had to reconstruct a
portion of the system due to changes required by the State. The cost of this change was several
thousand dollars, but it was done in order to comply completely with the State's request.
a'Z DEC 2 91999
200 Providence Road - Suite 106 • Charlotte, North Carolina 28207 • 704/3331�i$41 ERWAF}' Y485
COMMERCIAL REAL ESTATE SERVICES SECTION

The civil -penalties assessed in this matter are centered around the idea that we "jumped the gun"
in commencing our construction operations. Presumably, the State is being compensated by
these penalties for our having done so. We fully acknowledge and agree that we started our
project prior to having a final permit. I contend that the State must consider all revenues to it,
Carteret County, and the City of Morehead City when determining a penalty. It is ironic to me
that Morehead City and Carteret Covrty have collected $72;000 dollars of property tax revenue
between the date of Lowe's opening and the date of our penalty. In addition, the State has
collected sales tax on mullions of dollars of sales at this location during 1999. Given that the
storm water system is 100% compliant with the permit, is the State really harmed by our act?
I am sympathetic to the fact that regulators are often swamped by the sheer numbers of permit
iequests, especially in this booming real estate environment. I am certain that these are good,
hard working people who are doing the best they can. I cannot accept, however, that because of
the State's work load that my company is fined for not waiting 15 months to obtain a permit. In
the meantime, the company, City, County, and State are all enjoying the benefits of our actions.
You have acknowledged the approval of construction of our project consistent with State
requirements by issuing the permit to us. In every circumstance, we cooperated totally with
State authorities. Therefore, it is my contention that we pay for the State's cost of enforcing this
matter ($271.46) but nothing more.
I appreciate your time in reviewing this matter. If you should need additional information or
have the need to talk to me, please do not hesitate to call at [phone]. I look forward to
speaking with you soon.
Very trul ours,
E. Blanton Hamilton, Jr.
Partner
Enclosure
EBH:knk
Cc: Kerr T. Stevens
Bob Sledge
Jeff Mathis
Scott Bortz
2-5

4tqA of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
FEB 1 4 2000
CERTIFIED MAEL Z 165 271 257
RETURN RECEIPT REQUESTED
Blanton Hamilton
South Star Holdings, LLC
200 Providence Road, Suite 106
Charlotte, NC 28207
FA
0 -,M:v NCDENR
NORTH CAROL INA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: Remission Request of
Civil Penalty Assessment
South Star Holdings, LLC
New Hanover County
Case Number WQ 99.006
Dear Mr. Hamilton:
I consideredithe information submitted in support of your request for remission in
accordance with G.S. 1.13-215.6A(t) and have not found grounds to modify the assessment of
$4,271.46.
Should you choose to pay the full penalties, payment should be tendered to me at the
letterhead address within 30 days of the receipt of this letter. Please make checks payable to the
Department of Environment and Natural Resources.
You also have the option of presenting your request to the Committee on Civil Penalty
Remissions, which is comprised of members of the Environmental Management Commission.
The committee may consider such requests and render final and binding decisions in these
matters. You may argue your request before the committee and Division staff will argue against
any reduction of the assessment.
Should you choose to present your request to the committee please notify me at.the
letterhead address within 30 days of the receipt of this letter. Your request will be scheduled to
be heard on the agenda of the next scheduled committee meeting and you will be notified of the
date and time. If a response is not received by the Division regarding this notice, your request
will be scheduled on the agenda for an upcoming committee meeting.
a�
1617 Wail Service Center Raleigh, rth Carolina 27699-1617 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

4
If you have any questions about this letter, please do not hesitate to contact Bob Sledge at
[phone], extension 547.
Thank you for your cooperation in this matter.
cc: Wilmington Regional Office
Enforcement File
Central Files
Wit=
M
Sincerely,
Kerr T. Stevens

�r%J . F Lrr..
State of North Carolina _
Department of Environment
and Natural Resources RF-CE ED
Division of Water Quality
FEB 17 2000
James B. Hunt, Jr., Govern BY. -
Bill Holman, Secretary
Kerr T. Stevens, Director
FEB 1 4 2000
CERTIFIED MAIL Z 165 271 257
RETURN RECEIPT REQUESTED
Blanton Hamilton
South Star Holdings, LLC
200 Providence Road, Suite 106
Charlotte, NC 28207
A!AILTW4" W-,
��
*01
N%NDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: Remission Request of
Civil Penalty Assessment
South Star Holdings, LLC
New Hanover County
Case Number WQ 99-006
Dear Mr. Hamilton:
I considered the information submitted in support of your request for remission in 1,
accordance with G.S. 143-215.6A(f) and have not found grounds to modify the assessment of
$4,271.46.
Should you choose to pay the full penalties, payment should be tendered to me at the
letterhead address within 30 days of the receipt of this letter. Please make checks payable to the
Department of Environment and Natural Resources.
You also have the option of presenting your request to the Committee on Civil Penalty
Remissions, which is comprised of members of the Environmental Management Commission.
The committee may consider such requests and render final and binding decisions in these
matters. You may argue your request before the committee and Division staff will argue against
any reduction of the assessment.
Should you choose to present your request to the committee please notify me at the
letterhead address within 30 days of the receipt of this letter. Your request will be scheduled to
be heard on the agenda of the next scheduled committee meeting and you will be notified of the
date and time. If a response is not received by the Division regarding this notice, your request
will be scheduled on the agenda for an upcoming committee meeting.
1617 Mail Service Center Raleigh, North Carolina 27699-1617 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

If you have any questions about this letter, please do not hesitate to contact Bob Sledge at
[phone], extension 547.
Thank you for your cooperation in this matter.
Sincerely,
Kerr T. Stevens
cc: Wilmington Regional Office
Enforcement File
Central Files
w

"'"`" MAY ®1 �000
State of North Carolina
MICHAEL F. EASLEY Department of .justice REPLY TO: Francis W. Crawley
Environmental Division
A-rORNEY GENERAL P. O. BOX 629 [phone]
RALEIGH [phone]
27602-0629
April 25, 2000
Mr. Jeffrey D. Mathis CERTIFIED MAIL
Registered Agent RETURN RECEIPT REQUESTED
Southstar Holdings - Morehead City, LLC
200 Providence Road, Suite 106
Charlotte, NC 28207
RE: Assessment of Civil Penalties Against Southstar Holdings -
Morehead City, LLC, WQ 99-006
Dear Mr. Mathis:
You will find enclosed the Final Agency Decision of the Environmental Management
Commission assessing civil penalties and investigative costs as set forth in the decision document.
Accordingly, your company must submit payment of the civil penalty assessment and
investigative costs to the Department of Environment and Natural Resources within 30 days of
receipt of this final agency decision by mailing a bank or certified check. The check should be
made payable to the Department of Environment and Natural Resources and the mailing envelope
addressed as follows:
Mr. Shannon Langley
Water Quality Section
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If your company fails to pay the penalty within 30 days of receipt of the final decision
document, the Department will seek to collect the amount due through a civil action commenced
in Superior Court.
Very truly yours,
0 k-D-
C" L,/,
rancis W. Crawley
Special Deputy Attorney General
Commission Counsel
FWC/so
Enclosure
cc: Shannon Langley
Jennie Odette
Rick Shiver
ep/39873

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
IN THE MATTER OF:
Assessment of Civil Penalties
Against
Southstar Holdings - Morehead City, LLC
BEFORE THE
REMISSION COMMITTEE OF THE
ENVIRONMENTAL MANAGEMENT
COMMISSION
WQ 99-006
RECEIVED
FINAL DECISION APR 15 2000
ENVIRONMENTAL MANAGEMENT
COMIASSIN
THIS MATTER came before the Committee on Civil Penalty Remissions of the
Environmental Management Commission, pursuant to N.C.G.S. § 143-215.6A and § 143B-282.1,
on April 13, 2000, upon recommendation of the Director of the Division of Water Quality for
entry of a final decision on the assessment of civil penalties and investigation costs against
Southstar Holdings - Morehead City, LLC in the amount of $4,271.46 ($4,000.00 plus $271.46
investigative costs). Southstar Holdings - Morehead City, LLC's request for remission was
presented to the Committee on Civil Penalty Remissions for consideration. The Division of Water
Quality was represented by Mr. Rick Shiver, Regional Supervisor in the Wilmington Regional
Office, and Southstar Holdings - Morehead City, LLC, although properly notified by Certified
Mail of the date, time and location of the meeting when the remission request would be
considered, failed to appear through a proper representative.
Having considered the record and the factors set forth in N.C.G.S. § 143B-282.1(b) and
(c), the Committee on Civil Penalty Remissions finds the facts contained in the Director's Findings
and Decision and Assessment of Civil Penalties as stipulated by Southstar Holdings - Morehead
City, LLC, that the Findings of Fact support the Conclusions of Law, and that the Director
properly applied the criteria set forth in N.C.G.S. § 143B-282.1 in determining the amount of the

civil penalties. The Committee further finds that there are no grounds for remission or reduction
of the penalties assessed by the Director for violation of Commission Rule 15A NCAC 2H .1003
by failing to obtain a Stormwater Management Permit before engaging in development activities
at its construction site located between U.S. Highway 24 and U.S. Highway 70 in Morehead City,
N.C. Upon duly made motion and vote, the Committee finds that the assessment of civil penalties
and costs in the amount of $4,271.46 (civil penalty $4,000.00 plus $271.46 investigation costs)
should be upheld.
THEREFORE, IT IS ORDERED:
i . That the assessment of civil penalties and costs in the amount of $4,271.46 against
Southstar Holdings - Morehead City, LLC is AFFIRMED.
2. That this Final Decision and Order be served upon Southstar Holdings - Morehead
City, LLC and upon receipt hereof, the amount of $4,271.46 be paid to the Department of
Environment and Natural Resources within thirty days.
This the A day of April, 2000.
avid H. Moreau, Chairman
.Environmental Management Commission

CERTIFICATE OF SERVICE
This is to certify that I have this day served a copy of the foregoing FINAL DECISION on
the parties listed below by the methods indicated:
Mr. Jeffrey D. Mathis
Registered Agent
Southstar Holdings - Morehead City, LLC
200 Providence Road, Suite 106
Charlotte, North Carolina 28207
Mr. Rick Shiver
Regional Supervisor
Wilmington Regional Office
Department of Environment
and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845
This the 1� day of April, 2000.
ep/39879
CERTIFIED MAIL
RETURN RECEIPT
U.S. MAIL
MICHAEL F. EASLEY
Attorney General
C., W.
rancis W. Crawley
Special Deputy Attorney General
N.C. Department of Justice
P: O. Box 629
Raleigh, N.C. 27602-0629
919/716-6600

SW8 980429 Lowe's of Morehead City Summary of Events
April 17, 1998
Application received.
June 3, 1998
Project reviewed, additional information requested
July 6, 1998
Response received from Isom Associates.
September 3, 1998
Additional Information requested.
October 5, 1998
Response received from Isom Associates
November 18, 1998
Additional Information requested.
November 30, 1998
Response received from Isom Associates
January 26, 1999
Additional Information requested.
February 18, 1999
Response received from Isom Associates
March 1, 1999
Letter received from Isom Associates regarding timeline.
March 10, 1999
Compliance Inspection conducted.
April 1, 1999
Response received from Isom Associates
April 26, 1999
Additional information requested
May 26, 1999
Response received from Isom Associates
June 1, 1999
Additional information. requested
July 1, i 999
Response received from Isom Associates
July 12, 1999
Permit issued
September 2, 1999
Permit revised.

STATE OF NORTH CAROL
COUNTY OF CARTERET jAN 2 4 two
IN THE ?!BATTER OF ASSESSMENT )
OF CIVIL PENALTIES AGAINST )
SOUTHSTAR HOLDINGS - MOREHEAD CITY, LLC)
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
WAIVE?? OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. WO 99-006
Having been assessed civil penalties totaling $4,271.46 for violation(s) as set forth in the
assessment document of the Director of the Division of Water Quality dated December 7. 1999, the
undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an
administrative hearing in the above. -stated -matter and does stipulate that the facts are as alleged in the
assessment document. The undersigned further understands that all evidence presented in support of
remission of this civil penalty must be submitted to the Director of the Division of Water Quality
within 30 days of receipt of the notice of assessment. No new evidence in support of a remission
request will be allowed after 30 days from the receipt of the notice of assessment.
z3
-ibis the day of
BY
ADDRESSeYo
zoo P�v,cku kw�
C-'tl4rG�2 . /V.C. ;ZF2-o7
TELEPHONE
26 /- 333 -��`��

■
P
R
O
P
E
R T/
E
S
December 20, 1999
Ms. Coleen Sullins
Water Quality Section Chief
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Re: Assessment of Civil Penalties for Violation of 15A NCAC 2H.1003
Southstar Holdings -Morehead City, LLC
Morehead City Lowe's Site
Case No. WQ99-006 Carteret County
Dear Ms. Sullins:
I am in receipt of the above referenced transmittal dated December 7, 1999 from Kerr T.
Stevens. In addition, I have spoken via telephone to Bob Sledge about this information. As an
owner of Southstar Holdings -Morehead City, LLC, I am waiving our right to an administrative
hearing and do stipulate that the facts are as alleged in the assessment document. Pursuant to
your request, please find enclosed the document agreeing to this.
Although I do not contest the amount of money required by the State to enforce its actions
($271.46), 1 do vehemently disagree with the civil penalty of $4,000.00. My primary objection
over this amount is centered on the fact that our storm water management system as constructed
is and has always been consistent with that required by the State. At all times, we have made
every effort to cooperate with the Wilmington Regional Office in obtaining the storm water
management permit.
It is commercially infeasible to suggest that we postpone all construction activities for 15 months
before commencing our project (the original application was filed on April 17, 1998 and the
permit was issued on July 12, 1999). During this time, we obtained all other building permits
from the City of Morehead City and State and were able to open the project for business in early
1999. During construction, as comments were given to us by your Wilmington Office, we
incorporated these into the development. At one point, our contractor had to reconstruct a
portion of the system due to changes required by the State. The cost of this change was several
thousand dollars, but it was done in order to comply completely with the State's request.
%p-o g
DEC 2 91999
200 Providence Road • Suite 106 - Charlotte, North Carolina 28207 • 704/333i"Jk4l t.RWAi'485
COMMERCIAL REAL ESTATE SERVICES SECTION

The civil penalties assessed in this matter are centered around the idea that we "jumped the gun"
in commencing our construction operations. Presumably, the State is being compensated by
these penalties for our having done so. We fully acknowledge and agree that we started our
project prior to having a final permit. I contend that the State must consider all revenues to it,
Carteret County, and the City of Morehead City when determining a penalty. it is ironic to me
that Morehead City and Carteret County have collected $72,000 dollars of property tax revenue
between the date of Lowe's opening and the date of our penalty. In addition, the State has
collected sales tax on millions of dollars of sales at this location during 1999. Given that the
storm water system is 100% compliant with the permit, is the State really harmed by our act?
I am sympathetic to the fact that regulators are often swamped by the sheer numbers of permit
requests, especially in this booming real estate environment. I am certain that these are good,
hard working people who are doing the best they can. I cannot accept, however, that because of
the State's work load that my company is fined for not waiting 15 months to obtain a permit. In
the meantime, the company, City, County, and State are all enjoying the benefits of our actions.
You have acknowledged the approval of construction of our project consistent with State
requirements by issuing the permit to us. In every circumstance, we cooperated totally with
State authorities. Therefore, it is my contention that we pay for the State's cost of enforcing this
matter ($271.46) but nothing more.
I appreciate your time in reviewing this matter. If you should need additional information or
have the need to talk to me, please do not hesitate to call at [phone]. I look forward to
speaking with you soon.
Very trul ours,
7N�
E. Blanton Hamilton, Jr.
Partner
Enclosure
EBH:Imk
Cc: Kerr T. Stevens
Bob Sledge
Jeff Mathis
Scott Bortz

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
January 13, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Attn: Blanton Hamilton
200 Providence Road, Suite 106
Charlotte, NC 28207
Dear Blanton Hamilton:
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: Remission Request of
Civil Penalty Assessment
South Star Holdings, Llc
New Hanover County
Permit No:
WQ 99-006
This letter is to acknowledge your request for remission of the civil penalty levied against the subject facility.
You will be notified when a decision is made concerning the request. If you have any questions, please call
Bob Sledge at [phone].
Sincerely
E. Shannon L
Point Source
Cc: WIR0 WQ Supervisor w/attachment
Enforcement File #: WQ 99 -006 w/2 attachment
Bob Sledge w/attachment
Central Files
[nit
1617 Mail Service Center, Raleigh, NC 27699.1617 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% recycied/10% post -consumer paper

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
01 A�.CLIVED
14CDENRI �- w DIVISION OF WATER QUALITY
0 2000
JAMES B. HUNT JR. April 3, 2000
GOVERNOR
MEMORANDUM �,f i
BILL HOLMAN Y D O
SECRETARY TO: Members ll�� En ' ental Management Commission
KERR T. STEVENS FROM: Ken T. Steven
DIRECTOR
SUBJECT: April 13, 2000 Civil Penalty Remission Committee Meetings
Please be advised that Chairman Moreau has appointed the following
members to serve on the Civil Penalty Remission Committees, which will
meet on April 13, 2000, 512 N. Salisbury Street, Archdale Building, Raleigh,
North Carolina. The Committees will convene immediately following the
EMC business session.
Enclosed for your information is the complete agenda package for the Civil
Penalty Remission Committee Meetings.
1 Grp»d Thor Reir'ing m
David H. Moreau, Presiding Don Abernethy
Anne C- Barnes Daniel V. Besse
Will B. Fowler Edwin S. Melvin
Frederick B. Starr Ryan D. Tamer
Robert G. Ray
Group H: 9t° Floor Conference Room — Room 917
Charles H. Peterson, Presiding
Larry M. Jordan
Moses Carey, Jr.
Franklin Clark, III
Robert E. Cook
Marion Deerhake
Robert Epting
E. Leo Green, Jr.
Should you have any questions, please call Jennie H. Odette at (919) 733-
7015 - Ext. 202 (voice mail) or [e-mail].
Enclosure
KTS/jho
cc: Bill Holman Section Chiefs
Frank Crawley Regional Supervisors
cprcm ,.
1617 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27699-1617
websitch2o.enr.state.no.us PHONE D I S-733-7015 FAX D I S-733-2496
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER

AGENDA
ENVIROMENTAL MANAGEMENT COMMISSION
CIVIL PENALTY REMISSIONS COMMITTEE MEETING
GROUP I
512 North Salisbury Street
Archdale Building - Ground Floor Hearing Room
Raleigh, North Carolina
April 13, 2000
(Immediately following EMC Business Session)
DIVISION OF WATER QUALITY
Executive Order No. 127 mandates that the Chair inquire as to whether any
member knows of any known conflict of interest or appearance of conflict lict with
respect to matters before the Commission. If any member knows of a conflict of
interest or appearance of conflict, please so state at this time.
David H. Moreau, Chairman, Presiding
00-01 Request for Remission of Civil Penalty by CP: $1,500.00
United World Mission (LV 99-572) IC: $91.52
Rutherford - Asheville Regional Office Remit: $0.00
00-02 Request for Remission of Civil Penalty by CP: $4,000.00
Southstar Holdings - Morehead City, LLC (WQ 99-006) IC: $271.46
C-ararb - - iimington Regional Office. Remit: $0.00
00-03
Request fo emission of Civil Penalty by
OFF
k, LLC (LV 99-440)
Sm7anover
Ne-Wilmington Regional Office
00-04
Request r Remission of Civil Penalty by
OFF
Rexo td./Collins Estates MHP (LV 99-248)*
On w - Wilmington Regional Office
00-05
Request f Remission of Civil Penalty by
OFF
Rexon d./Collins Estates MHP (LV 99-424)*
Onsl -Wilmington Regional Office
00-06
Request for Remission of Civil Penalty by
Town of White Lake (LV 99-408)
Bladen - Fayetteville Regional Office
CP: $1,250.00
IC: $35.02
Remit: $0.00
CP: $1,500.00
IC: $42.79
Remit: $0.00
CP: $2,187.50
IC: $37.08
Remit: $0.00
CP: $1,500.00
IC: $72.19
Remit: $0.00
Page # 1
Page # 13
Page # 26
Page # 40
Page # 53
Page # 64
* Without objection, only one presentation of facts will be heard for entities with multiple cases before the
Committee. Each case will receive a separate decision.
Page 1

0
AGENDA
ENVIROMENTAL MANAGEMENT COMMISSION
CIVIL PENALTY REMISSIONS COMMITTEE MEETING
GROUP
April 13, 2000
00-07 Request for Remission of Civil Penalty by
Chatham County Schools — Bonlee Elem. (LV 99-402)
Chatham — Raleigh Regional Office
00-eB Request for Remission of Civil Penalty by
Carolina Turkeys (im 99-021)
Duplin County - Wilmington Regional Office
00-09 Request for Remission of Civil Penatly by
Joseph D. Teachey, Jr. (DD 99-004)
Sampson County - Fayetteville Regional Office
CP:
$1,000.00 Page # 76
IC:
$47.73
Remit:
$0.00
CP:
$2B4O00.00 No Page #
IC:
$585.91
Remit:
$0.00
CP: $4,000.00 No Page #
IC: $690.50
Remit: $0.00
Page 2

State of North Carolina RECEIVEl
Department of Environm t MAR 2 8 2000Ar4ti)
and Natural Resources l
Division of Water Quality
vok
James B. Hunt Jr., Governor
Bill Holman, Secretary NCDENR
Kerr T. Stevens, Director NORTH CAROUNA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
March 24, 2000
CERTIFIED MAIL Z 165 271 347
RETURN RECEIPT REQUESTED
Blanton Hamilton
South Star Holdings, LLC
200 Providence Road, Suite 106
Charlotte, NC 28207
SUBJECT: Request for Remission of Civil Penalty
Pursuant to N.C.G.S. 143-215.6A(f)
South Star Holdings, LLC
Case Number WQ 99-006
NPDES Permit Number
New Hanover County
Dear Mr. Hamilton:
Your request for remission has been placed on the agenda for the April 13, 2000 meeting
of the Environmental Management Commission's Committee on Civil Penalty Remissions. The
Committee will convene immediately following the closing of the regularly scheduled business
meeting of the Environmental Management Commission in the Ground Floor Hearing Room of
the Archdale Building, located at 512 North Salisbury Street in Raleigh, North Carolina (see
enclosed map). You should arrive no later than 11:00 a.m.
The factors to be considered by the Committee on Civil Penalty Remissions are whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were
wrongly applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting from the
violation;
(c) the violation was inadvertent or the result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
1617 Mail Service Center Raleigh, North Carolina 27699-1617 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
The Committee on Civil Penalty Remissions may remit none of the penalty, a part of the
civil penalty, or the entire penalty. The entire amount of the penalty can only be remitted when
the violator has not been assessed civil penalties for previous violations, and when payment of
the civil penalty will prevent payment for the remaining necessary remedial actions.
You or your representative should be available to make your presentation to the
Committee on Civil Penalty Remissions at the above mentioned time and location. You are
allowed approximately fifteen minutes for your presentation.
Your cooperation in the matter is greatly appreciated. If you have any questions
concerning this matter, please call Bob Sledge of our Water Quality Compliance/Enforcement
Unit at [phone], extension 547.
Sincerely,
4
J, Kerr T. Stevens
cc: Wilmington Regional Office
Enforcement File
Central Files

� 3331
RECEDED
JAN 11 2000 0
BY. P f' O P f R T/ E S
December 20, 1999
Ms. Coleen Sullins
Water Quality Section Chief
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
33F+�1y dnp ��I
:. [lE) 0 1999
DI°:� pry �Ai !"l y
Re: Assessment of Civil Penalties for Violation of 15A NCAC 2H.1003
Southstar Holdings -Morehead City, LLC
Morehead City Lowe's Site
Case No. WQ99-006 Carteret County
Dear Ms. Sullins:
I am in receipt of the above referenced transmittal dated December 7, 1999 from Kerr T.
Stevens. In addition, I have spoken via telephone to Bob Sledge about this information. As an
owner of Southstar Holdings -Morehead City, LLC, I am waiving our right to an administrative
hearing and do stipulate that the facts are as alleged in the assessment document. Pursuant to
your request, please find enclosed the document agreeing to this.
Although I do not contest the amount of money required by the State to enforce its actions
($271.46), I do vehemently disagree with the civil penalty of $4,000.00. My primary objection
over this amount is centered on the fact that our storm water management system as constructed
is and has always been consistent with that required by the State. At all times, we have made
every effort to cooperate with the Wilmington Regional Office in obtaining the storm water
management permit.
It is commercially infeasible to suggest that we postpone all construction activities for 15 months
before commencing our project (the original application was filed on April 17, 1998 and the
permit was issued on July 12, 1999). During this time, we obtained all other building permits
from the City of Morehead City and State and were able to open the project for business in early
1999. During construction, as comments were given to us by your Wilmington Office, we
incorporated these into the development. At one point, our contractor had to reconstruct a
portion of the system due to changes require i by the State. The cost of this change was several
thousand dollars, but it was done in order to comply completely with the State's request.
200 Providence Road - Suily 106 • Charlotte, North Carolina !8207 - 704/333-8484 • Fax: [phone]
('0NINIFRC1. I Rr•11. 171;1'lrl ;rRVICFS

The civil penalties assessed in this matter are centered around the idea that we "jumped the gun"
in commencing our construction operations. Presumably, the State is being compensated by
these penalties for our having done so. We fully acknowledge and agree that we started our
project prior to having a final permit. I contend that the State must consider all revenues to it,
Carteret County, and the City of Morehead City when determining a penalty. It is ironic to me
that Morehead City and Carteret County have collected $72,000 dollars of property tax revenue
between the date of Lowe's opening and the date of our penalty. In addition, the State has
collected sales tax on millions of dollars of sales at this location during 1999. Given that the
storm water system is 100% compliant with the permit, is the State really harmed by our act?
I am sympathetic to the fact that regulators are often swamped by the sheer numbers of permit
requests, especially in this booming real estate environment. I am certain that these are good,
hard working people who are doing the best they can. I cannot accept, however, that because of
the State's work load that my company is fined for not waiting 15 months to obtain a permit. In
the meantime, the company, City, County, and State are all enjoying the benefits of our actions.
You have acknowledged the approval of construction of our project consistent with State
requirements by issuing the permit to us. In every circumstance, we cooperated totally with
State authorities. Therefore, it is my contention that we pay for the State's cost of enforcing this
matter ($271.46) but nothing more.
I appreciate your time in reviewing this matter. If you should need additional information or
have the need to talk to me, please do not hesitate to call at [phone]. I look forward to
speaking with you soon.
Very truly ours,
E. Blanton Hamilton, Jr.
Partner
Enclosure
EBH:knk
Cc: Kerr T. Stevens
Bob Sledge
Jeff Mathis
Scott Bortz

STATE OF NORTH CAROLINA
COUNTY OF CARTERET
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
T_N THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
SOUTHSTAR HOLDINGS — MOREHEAD CITY, LLC) STIPULATION OF FACTS
FILE NO. WO 99-006
Having been assessed civil penalties totaling $4.271.46 for violation(s) as set forth in the
assessment document of the Director of the Division of Water Quality dated December 7. 1999, the
undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an
administrative hearing in the above -stated matter and does stipulate chat the facts are as alleged in the
assessment document. The undersigned further understands that all evidence presented in support of
remission of this civil penalty must be submitted to the Director of the Division of Water Quality
within 30 days of receipt of the notice of assessment. No new evidence in support of a remission
request will be allowed after 30 days from the receipt of the notice of assessment.
23r� y 4e
This the � day of
BY
ADDRESS /
TELEPHONE

MEMORANDUM
DIVISION OF WATER QUALITY
TO: Bob Sledge
FROM: Linda Lewis oL--
THROUGH: Rick Shiver��(�
DATE: October 6, 1999
SUBJECT: Enforcement Action
PROJECT NAME: Lowe's of Morehead City
PROJECT NO.: SW8 980429
COUNTY: Carteret
---------------------------------------------------------------------------------------------------------------------------------
Dear Bob:
Attached please find the enforcement report for the Lowe's of Morehead City. This will be for failing
to obtain the permit prior to constructing the facility. We request that you forward this to the Director for
his consideration.
If you need other information, or have any questions, please call me at [phone].
Thank you for your quick reponse.
RSS/arl: S:1WQSISTORMWATIMEMOS1980429.00T
cc: Llis
Central Files

STATE OF NORTH CAROLINA
COUNTY OF CARTERET
IN THE MATTER OF:
BLANTON HAMILTON, MEMBER
SOUTH STAR HOLDINGS, LLC
FOR VIOLATIONS OF
15A NCAC 2H.1003
ENGAGING IN DEVELOPMENT ACTIVITIES
WITHOUT OBTAINING A STORMWATER
MANAGEMENT PERMIT
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
File No. WQ
CIVIL PENALTY ASSESSMENT
Acting pursuant to North Carolina General Statutes (G.S.) 143-215.6A, and by authority delegated to me in
accordance with G.S. 143B-282.1(f), I, Kerr T. Stevens, Director of the Division of Water Quality (DWQ),
Department of Environment and Natural Resources (DENR), make the following:
I. FINDINGS OF FACT:
A. SOUTH STAR HOLDINGS, LLC is a Limited Liability corporation organized and existing under the
laws of the State of North Carolina.
B. BLANTON HAMILTON, MEMBER, is developing a site located between Highway 24 and Highway
70 in Morehead City, Carteret County, NC, as a Lowe's Commercial Building Supply with outparcels
for sale.
C. On March 8, 1999, DWQ staff inspected the site and observed the construction of commercial
buildings, parking, and outparcels.
D. The project site contains buildings and parking which will result in an increase in the amount of
impervious surface at this site or otherwise decrease the infiltration of precipitation into the soil.
E. On April 17, 1998, BLANTON HAMILTON, MEMBER, applied for a Stormwater Management
Permit.
F. On January 26, 1999, DWQ sent a letter to Isom and Associates; the design engineers for SOUTH
STAR HOLDINGS, LLC, and BLANTON HAMILTON, MEMBER, requesting additional
information to complete the permit review.
G. On February 18, 1999, DWQ received a letter from the design engineer for SOUTH STAR
HOLDINGS, LLC, stating that the review process had taken too long, so they built the project without
the permit. They also stated that they considered the 2 requests made in the January 26, 1999, letter
to create a hardship for their client, and that the client was not responsible for providing those items.
H. Staff costs and expenses associated with detecting the violations. defining their nature and extent, and
bringing the enforcement action totaled $271.46.

File No. WQ
Based on the above Findings of Fact, I make the following:
£I. CONCLUSIONS OF LAW:
A. SOUTH STAR HOLDINGS, LLC, BLANTON HAMILTON, MEMBER, is a "person" within the
meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4).
B. CARTERET County is a coastal county as defined by 15A NCAC 2H.1002(4).
C. BLANTON HAMILTON, MEMBER, SOUTH STARHOLDiNGS, LLC, is engaging in development
activity at this site which requires a Sedimentation Erosion Control Plan.
D. Pursuant to 15A NCAC 2H.1003 a stormwater management permit is also required at this site.
E. BLANTON HAMILTON, MEMBER violated 15A NCAC 2H.1003 by failing to obtain a stormwater
management permit for the development of the commercial site known as Lowe's prior to
construction.
F. 15A NCAC 2H.1003 is a rule of the Environmental Management Commission implementing Part I
of Article 21 of the North Carolina General Statutes.
G. G.S. 143-215.6A(a) (6) provides that a civil penalty of not more than ten thousand dollars per
violation may be assessed against a person who violates a rule of the Commission implementing Part
I of Article 21 of the North Carolina General Statues.
H. G.S.143-215.3(a)(9) provides that the reasonable costs of any investigation, inspection or monitoring
survey may be assessed against a person who violates any rules, standards, or limitations adopted by
the Environmental Management Commission or violates any terms or conditions of any permit issued
pursuant to G.S. 143-215.1, or special order or other document issued pursuant to G.S. 143-215.2

File No. WQ
Based on the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
In determining the amount of the penalties, I have taken into account the Findings of Fact and Conclusions
of Law, and have considered each and every factor set out in G.S. 143B-282.1.
Accordingly, SOUTH STAR HOLDINGS, LLC, BLANTON HAIVIILTON, MEMBER is assessed a civil
penalty of:
$ for violating 15A NCAC 211.1003 by failing to obtain a stormwater
management permit from the Division for the development of a Commercial
Building Supply.
$ TOTAL CIVIL PENALTY which is percent of the maximum penalty
authorized by G.S. 143-215.6A(a).
$271.46 Enforcement costs.
TOTAL AMOUNT DUE
DATE Kerr T. Stevens, Director
Division of Water Quality

File No. WQ
DIVISION OF WATER QUALITY
ENFORCEMENT CASE ASSESSMENT FACTORS
Type: File No. WQ
Violator: South Star Holdings, LLC Blanton Hamilton, Member
Address: 200 Providence Road, Suite 106
Charlotte, NC 28207
Regional Office: Wilmington
1. The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violation: While the application was pending, the ponds were
used as erosion control devices. This violation is more of an administrative type, rather than
one which produces harm to the environnment.
2. The duration and gravity of the violation: The project was first submitted on April 17, 1998,
by engineers that have not done very much stormwater design for the Wilmington Office.
There were many deficiencies in the originally submitted design, and in the subsequent
submitted revisions. All applicants are made aware that construction of impervious surfaces
prior to receipt of the permit is a violation of State law. Apparently, this owner and the
engineers chose to ignore this and proceed with the project. Judging from the fact that the
facility was completed and open less than 10 months after the initial application, they did not
wait long after the initial application date to begin construction.
3. The effect on ground or surface water quantity or quality or on air quality: Again, this is more of
an administrative type violation, however, we cannot verify the ponds were functioning in
accordance with State regulations at the time construction was completed.
4. The cost of rectifying the damage: There should be no cost to fix the problem, the permit has
since been issued.
6. The amount of money saved by noncompliance: Apparently a tight construction schedule with
the threat of going over -budget was the main impetus for proceeding with the construction.
The actual dollars saved would depend on the contract terms for each day over the projected
finish date.
6. Whether the violation was committed willfully or intentionally: Willfully. Despite knowing
that construction prior to receipt of the permit is a violation, the owners and engineer chose
to go ahead.
7. The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority: Unknown

File No. WQ
8. The cost to the State of the enforcement procedures:
Hours 6 hours @$20.31 = $121.86
Mileage 160 @$.31 = $49.60
Administrative Costs $100.00
Total = $271.46
9. Type of violator and general nature of business (i.e. Individual vs. large corporation): This is a
large corporation that has applied for and received stormwater management permits for other
facilites in our jurisdiction. Lowe's is a building supply/gardening center type business.
10. Violators degree of cooperation (including efforts to prevent or restore) or recalcitrance: To date,
the State has not heard from the applicant. The only responses we have received have been
from the engineer. The engineer blames our long response time as the justification for going
ahead with the construction.
11. Mitigating Circumstances: The engineer's relative inexperience in dealing with coastal
stormwater regulations has needlessly dragged out the permit review process. The Division's
large stormwater permit load during this time may also have contributed to the long review
process.
12. Owner of property: South Star Holdings, LLC
13. Pictures of discharge: N/A
14. Assessment Factors:
a)
IWC: N/A
b)
Receiving Stream:Newport River, Class SA
c)
SOC/JOC status/negotiations: N/A
d)
Copy of MP Screen: N/A
e)
Copy of Limits Page in Permit: N/A
f)
Damage: N/A

State of North Carolina
_Department of Environment
and Natural Resources"
Wilmington Regional Office
James B. Hunt, Jr., Governor
Wayne Me —Devitt, Secretary
Division of Water Quality
June 3, 1998
Mr. Perry McCutcheon, P.E.
Isom Associates
1311 Collegiate Drive
Wilkesboro, NC 28697
e■�
NCDENii
NORTH CAROLINA DEPARTMENT of
ENVIRONMENT AND NATURAL RESOURCES
Subject: ACKNOWLEDGEMENT OF RECEIPT AND
REQUEST FOR ADDITIONAL INFORMATION
Stormwater Project No. SW8 980429
Love's of Morehead City
Carteret County
Dear Mr. McCutcheon:
The Wilmington Regional Office received a Stormwater Management Permit Application for Lowe's
of Morehead City on April 17, 1998. A preliminary review of that information has determined that the
application is not complete. The following information is needed to continue the stormwater review:
1. Due to the SA classification of the Newport River, a chlorides test must be performed in order
,n to allow detention ponds as the treatment device. Please provide the results of the test, taken
at a point in the receiving ing stream that is at least 1/2 mile (as the crow flies) from the proposed
release point, after 3 days without rain.
�n 2. Items L through S on the supplemental sheets, relating to Operation and Maintenance, have
not been initialled. Please see #3 below, and complete the initialling of these items. Item L
is not applicable because you have used the 90 % chart. -
f '2� 3. A signed Operation and Maintenance Plan, copy enclosed. Please add items for maintenance
of the wetland recharge area. Check with John Dorney's group on this item.
4. The design calculations are incomplete:
" " ` ' �k You indicate in the boxed calculation area for Ponds 1 & 2 that the "water surface
elevation" is 12, but detail 3-C7 below it shows the "permanent pool" is 11.5, and the
top of weir is 12. Please don't interchange terms. Use either permanent pool or
permanent water surface elevation. Similarly, the calculation and detail for Pond 3 do
not match up.
127 Cardinal Dr. Ez , Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recvcled/10% pnst-eo"sun.er r2r.e.

Mr. McCutcheon
June 3, 1998
Stormwater Project No. SW8 980429
* You indicate that the design depth for Ponds 1 & 2 is 7', but detail 2-C7 shows only
a 4' depth. Required depth is measured from the permanent pool to the bottom.
Similarly, the calculations for Pond 3 indicate a 6' depth, but the detail shows only a
4' depth.
* You indicate a required surface area for Ponds 1 & 2 of 21,780 square feet, which
must be provided at the permanent pool elevation (assumed to be 12), but then you
thrn around and indicate that 32,130 square feet is provided at elevation 13. Please
report the surface areas provided at the permanent pool and the overflow (storage)
elevations. Similarly, the required surface area for Pond 3 is reported as 12,197 square
feet, but you report that 13,545 has been provided at elevation 13, leading one to
believe that 13 is the permanent pool. Please clarify.
* Please provide orifice sizing and drawdown calculations. Runoff must discharge no
sooner than 2 days, and no longer than 5 days.
* Report the storage provided in the ponds from the permanent pool to the weir
overflow elevation on the outlet structure..
5. Please relocate the outlet structure in Pond 1 such that both Pond 1 and 2 surface areas are
fully utilized for TSS removal.
6. Please delineate the drainage area for each pond system, and for the wetland recharge. I don't
need the drainage area for each individual catch basin. There will be three drainage areas, one
for Ponds 1 & 2, one for Pond 3, and one for the wetlands recharge, which incidentally, I can
find no indication of on your plans.
7. Please include the forebay dimensions in your pond details.
8. Please relocate the 6:1 vegetated shelf below the permanent pool elevation.
�A- _ 9. Please provide an ' outlet structure for Pond 3. Add a detail to the plans.
10. Please label the outlet structure locations on the plans.
11. Provide deed restrictions for all outparcels and future areas indicating the built -upon area
�AO� limit. Indicate which treatment system the runoff will be directed into. Do your design
calculations account for the outparcels? Since you have not listed the OP's in the application
or in the calculations boxes on the plans, it is impossible to tell. Please list the outparcel
number and it's BUA limit under the appropriate calculation box on the plans.

Mr. McCutcheon
June 3, 1998
Stormwater Project No. SW8 980429
12. Provide a breakdown of the impervious areas that will be treated in the-wedand recharge area
on the application, as you did for the ponds. An additional copy of page 2 of the application
may be used for this, or you may create 3 smaller columns out of the two existing columns
on page 2.
1 '2�13. Provide calculations of thee area and storage for the wetland recharge system, and describe
how the system will function to remove the pollutants. Please coordinate with- John Dorney Is
group in Raleigh for this.
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 July 3, 1998, 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 have any questions concerning .this matter please feel free to call me at [phone].
Sincerely,
.64A , .
Ms. Linda Lewis
Environmental Engineer
RSS/arl: S:\WQS\STORMWAT\ADDINFO\980429.JUN
cc: Linda Lewis
Central. Files

Department of Environment
and Natural Resources
Wilmington Regional Office
James B. Bunt, Jr., Governor
Wayne McDevitt, Secretary
Division of Water Quality
Mr. Perry McCutcheon, P.E.
Isom Associates
1311 Collegiate Drive
Wilkesboro NC 28697
Dear Mr. McCutcheon:
September 3, 1998
NCDEi;T,P
NORTH CAROUNA DEPARTMENr of
EN"RONNENT ANo N/QURAL RESOURCES
Subject: ACENOWLEDGEMENT OF RECEIPT AND
REQUEST FOR ADDITIONAL INFORMATION
Stormwater Project No. SW8 980429
Lowes of Morehead City
Carteret County
The Wilmington Regional Office received previously requested information for the Stormwater
Management Permit Application for Lowes of Morehead City on July 6, 1998. A preliminary review of that
information has determined that the application is not complete. The following information is needed to
continue the stormwater review:
There were no copies of a drainage area map included with the submittal. Please forward for
review.
2. You're probably going to be better off letting Ponds 1 and 2 stand alone in terms of
�/1,�• shortcircuiting. By relocating the single outlet structure, you now place Pond 2 in jeopardy
9 of shortcircuiting, just as Pond 1 was when the outlet was located there. If each pond can
function independently from a design standpoint, I would recommend deleting the equilibrium
pipe and just provide outlets from both ponds. If the owners don't wish to do that, then the
only recourse is to run ALL of the incoming runoff into ONE pond and let it function as the
forebay, and then let it flow into the other pond via the equilibrium pipe and outlet from the
other pond.
3. The outlet structure detail for Ponds 1 & 2 on sheet C10 still shows the overflow weir
1-' elevation (the design storage elevation) as 14, but your calculations indicate it as 13. Please
clarify.
4. Please provide a trash rack for the outlet structure for Pond 3. The unorthodox design of the
n structure makes it a little more difficult to put in a trash rack, but I have seen similar outlets
provide vertical rebar spaced about 3 "-4" apart as trash racks. The location of the orifice at
the bottom is a potential clogging problem:: Please provide some type of screening over it to
keep it clear, or negatively -slope -the orifice pipe - so. that -the Outlet- invert is -at I.2,-and the inlet
invert on the pond side is 6"-12" below 12. An additional detail of the side view may be
needed to illustrate the negative slope.
—` --127 Cardina1Z�r.-Fx[ilmir --:Nvrth-Carolioa�8405-
d=-zz��w ne 910 953900-FAX 91n_35n_2f)r)4

Mr. McCutcheon
September 3, 1998
Stormwater Project No. SW8 980429
Mom\, 5. I am unable to locate the drawdown calculations for either pond. Please, indicate where on the
J plans I can find these calculations which indicate that the specified orifice will drawdown the
pond in 2-5 days.
6. The application still does not indicate the breakdown of impervious areas to be treated in each
wetlands preservation area. The wetlands are part of the stormwater treatment for this project,
and the design statistics must be included on the application just as the ponds are. The
drainage area map must also show the drainage area for each wetland preserve area.
7. The design calculations presented on the plans are not matching up with the figures presented
on the supplement sheets. I have summarized the differences below. Please make the
necessary revisions. The supplement sheets will list the actual pond surface areas, volumes
and orifice that will be provided, not the minimums required by the State.
Pond 1/2 PLAN SUPPLEMENT_
Permanent Pool Surface Area 36,610 ft2 34,130 ft2
Drainage Area 10.5 acres 8.1 acres
Total Storage Above Permanent Pool 38,860 ft3 _ 39,134 ft3
Forebay Volume 9,295 ft3 6,965 ft3
Pond 3
Permanent Pool Surface Area 17,567 ft2 13,545 ft2
Total Storage Above Permanent Pool 18,854 ft3 15,431 ft3
Orifice Diameter 1" 2.5"
8. Based on the volume provided for Pond 3, a 1" orifice, as specified on the outlet detail, is too
' small-drawdown occurs in 10 days. The 2.5" orifice specified on the supplement sheet is too
large, and will draw down the pond in-1.6 days. The orifice size is based on the volume
actually provided in the pond. Please resize this orifice and make the necessary revisions on
the calculations, plans, details, and application supplement sheet. A.
9. The entire project is 39 acres, but only 11.6 acres have been accounted for in the drainage
area of the ponds, and 6.22 acres is accounted for in the wetland recharge areas. What is
happening to the remaining 21.18 acres?

Mr. McCutcheon
September 3, 1998
Stormwater Project No. SW8 980429 ,
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 October 3, 1998, 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 have any questions concerning this matter please feel free to call me at [phone].
Sincerely,
1"&�
Ms. Linda Lewis
Environmental Engineer
RSS/arl: S:\WQS\STORMWAT\ADDINFO\980429.SEP
cc: Linda Lewis
Blanton Hamilton
John Dorney
Central Files

State of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
James B. Hunts Jr.. Governor
Wayne McDevitt: Secretary
Division of Water Quality
November 18, 1998
Mr. Perry McCutcheon, P.E.
Isom Associates
1311 Collegiate. Drive
Wilkesboro, NC - 28097
r
NCDENimi
NORTH CAROLINA DEPARTMENr or
ENVIRONMENT AND NATURAL RESOURCES
Subject: AC]KNOWLEDGEMENT OF RECEIPT AND
REQUEST FOR ADDITIONAL INFORMATION
Stormwater Project No. SW8 980429
Lowe's of Morehead City
Carteret County
Dear Mr. McCutcheon:
The Wilmington Regional Office received previously requested information for the Stormwater
Management Permit Application for Lowe's of Morehead City on October 5, 1998. A preliminary review
of that information has determined that the application is not complete. The following information is needed
to continue the stormwater review:
1. Please seal the revised pond design calculations.
2. The trash rack for the orifice outlettmg from Pond 3 has been provided, however, my last
letter also requested that one be provided for the overflow weir. That is why I originally
suggested vertical rebar along the top of the weir, spaced 3 "-4" apart. Please revise.
. 3. The drainage area map provided indicates some new road areas that are not being collected
�A2� and treated by either a pond or a wetland preservation area. All new impervious areas
associated with this development must be directed into a treatment system. Please regrade
these areas to flow into a proposed treatment system, and provide revised plans, supplement
forms and calculations as needed
M2�4. The plans do not clearly delineate the areas of future development. Is it correct to say that the
future development areas are those areas that are not located within wetland preservation areas
or no build areas? Please label and provide boundaries for the future development and
outparcel areas.
_ 5. Wetland #1 is not listed on the application. This area appears to treat runoff from a portion
of the new entrance road off of Highway 24. Please add to the application. Will this area treat
any future impervious areas? Please establish a limit on the built -upon area to be treated in
this wetland.
127^Cardinal Dr. Est, Wilmington, North Carolina 28405 Telephone [phone]Q99 P w II

Mr. McCutcheon
November 18, 1998
Stormwater Project No. SW8 980429
n 6. The supplement form and calculations for Pond 2 lists an impervious area of 2.2 acres, or
85%, but the breakdown for Pond 2 only lists 13,819 ft2, or 12%. Please clarify.
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 December 18, 1998, or the application will
be returned as incomplete. The return of a project will necessitate resubmittal of all required items, including
the application fee. The Division is allowed 90 days from the receipt of a completed application to issue the
permit.
If you have any questions concerning this matter please feel free to call me at [phone].
Sincerely,
VF1,204"
Ms. Linda Lewis
Environmental Engineer
RSSlarl: S:IWQSISTORMWATIADDINFO1980429.NOV
cc: Linda Lewis
Blanton Hamilton
Central Files

State of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
James B. Bunt, Jr., Governor
Wayne McDevitt, Secretary
Division of Water Quality
January 26, 1999
Mr. Perry McCutcheon, P.E.
Isom Associates, P.A.
1311 Collegiate Drive
Wilkesboro, NC 2869.7
RCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: ACENOWLEDGEMENT OF RECEIPT AND
REQUEST FOR ADDITIONAL INFORMATION
Stormwater Project No.. SW8 980429
Lowe's of Morehead City
Carteret County
Dear Mr. McCutcheon:
The Wilmington Regional Office received previously requested information for the Stormwater
Management Permit Application for Lowe's of Morehead City on November, 30, 1998. A preliminary
review of that information has determined that the application is not 'Complete. The following information
it 'needed to continue the stormwater review:
1. The Operation and Maintenance plan for wet detention requires an inspection of the outlet
MHO. structure after every rainfall event, so any trash or debris near the outlet can safely be
removed and disposed of properly at that time before it gets to the point where it will block
the flow. Experience with ponds in shopping centers indicates that the potential for trash
accumulation in the pond is very high. The point of the regulations is to prevent water quality
degradation. If we allow all that trash (an -unregulated polll_itant) to be transpo
downstream, it would not speak well of the Division, and I'm sure the owners of Lowe's
would not want all that trash generated by their customers entering our waters, either. Please
specify a trash rack for the overflow.
n 2. The regulations require all impervious surfaces associated with a high density project to be
treated in an engineered system. Please design additional control devices for the entrance
road. Revise the application as necessary.
127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone o!n_zoc_2I9nl; t.Ka ; �iz ��„ 1(l0.

Mr. McCutcheon
January 26, 1999
Stormwater Project No. SW8 980429
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 February 26, 1999, or the application will
be returned as incomplete. The return of a project will necessitate resubmittal of all required items, including
the application fee. The Division is allowed 90 days from the receipt of a completed application to issue the
permit.
If you have any questions concerning this matter please feel free to call me at [phone]
Sincerely,
ITN .
Ms. Linda Lewis
Environmental Engineer ..
RSS/arl: S:1WQSISTORMWATIADDINFO1980429.JAN
cc: Linda Lewis
Blanton Hamilton
Central Files

State of North. Carolina
Department of Environment
and .Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Division ox Water Quality
Mr, Perry McCutcheon, P.E.
Isom Associates, P.A.
1311 Collegiate Drive
Wilkesboro, NC 28697
Dear Mr. McCutcheon:
A&V
NCDENii
NoRTI+. CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
April 26, 1999
Subject: REQUEST FOR ADDITIONAL INFORMATION
Stormwater Project No. SW8 980427
Lowes of Morehead City
Carteret County
The Wilmington Regional Office received the previously requested information for the Stormwater
Management Permit Application for Lowes of Morehead City on April 1, 1999. A preliminary review of
that information has determined that the application is not complete. The following information is needed
to continue the stormwater review:
1. In writing the permit, I could not determine where that portion of Outparcel #4, which is part
of the drainage area for Pond #1, was included in the impervious area breakdown. The
MA separate breakdown table provided does not include an"Other On -Site " area in
the column for Pond 1. In checking, it appears that the outparcel may havepervious been left out of
the design calculations. The BUA summary provided on the 11/30/98 drainage area
delineation sheet indicates that the only outparcel accounted for in any pond design under this
permit is #3. Has this now changed? Please clarify. Provide a revised tabular breakdown, and
a revised BUA summary, if required.
2. From the drainage area delineation plan, it appears that a little less than 1/2 of OP #4 will
drain to Pond 1, and the rest will drain into Wetland #1. Has this portion of OP #4 'been
Nr' included in the 943,000 square feet of "Other On -Site" for Wetland #1? is it your intention
to require that all the runoff from OP #4 be directed into Pond 1? If yes, then the drainage
area delineation needs to show all of OP #4 within the drainage area of Pond 1. If OP #4 is
not to be permitted at this time, please remove it from the drainage area of Pond 1.
3. What makes up the "Other On -Site" impervious area shown for Pond 3 amd -Wetland:#4? The
plans suggest that there isn't anything but buildings, asphalt (parkin and streets), or
sidewalks comprising the built -upon area. If this is intended to be future area, please label it
as future on the table, and show the location of the future area on the plans.
127 Cardinal Dr. Ext, Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunitv Affirmative Artion Emplever q08; ?-yr;N,;;in ... - .,

Mr. McCutcheon
April 26, 1999
Stormwater Project No. SW8 980427
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 May 26, 1999, or -the application will be
returned as incomplete. The return of a project will necessitate resubmittal of all required items, including
the application fee. The Division is allowed 90 days from the receipt of a completed application to issue the
permit.
The construction of any impervious surfaces associated with this project prior to receipt of the
stormwater permit is considered a violation of NCGS 143-215.1, and is subject to enforcement action.
If you have any questions concerning this matter please feel free to call me at [phone].
Sincerely,
Gx�7C�v .
Ms. Linda Lewis -
Environmental Engineer
RSSlarl: S:\WQS\STORMWAT\ADDINFO\980427.APR
cc: Linda Lewis
Blanton Hamilton
AV
127 Cardinal Dr. Ext, Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

State of 'forth Carolina
Department of Environment
and Natural Resources
«'ilmington Regional Office
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Division of Water Quality
Mr. Blanton Hamilton, Member
Southstar Holding -Morehead City, LLC
200 Providence Road, Suite 106
Charlotte. NC 28207
Dear Mr. Hamilton:
<4IVA
r
ok
NCDENR
NORT"I CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
June IL, 1999
Subject: ACKNOWLEDGEMENT OF RECEIPT AND
REQUEST FOR ADDITIONAL INFORMATION
Stormwater Project No. SW8 980429
Lowe's of Morehead City
Carteret County
The Wilmington Regional Office received previously requested information for the Stormwater
Management Permit Application for Lowe's of Morehead City on May 26, 1999. A preliminary review
that information has determined that the application is not complete. The following infoof
rmation is needed
to continue the stormwater review:
1. Now that Outparcel #4 has been correctly added to the drainage area of Pond 1, the increased
built -upon area has increased the minimum surface area to be provided at the permanent pool
above that which is designed. Please add more surface area to meet the minimum, provide
revised Pond 1 design calculations, and revise the supplement form as needed, original
enclosed.
Please note that the requested information should be received by this Office prior to July 1, 1999,
or the application will be returned as incomplete. The return of a project will necessitate resubmittal of all
required items, including the application fee. The Division is allowed 90 days from the receipt of a completed
application to issue the permit.
The construction of any impervious surfaces associated with this project prior to receipt of the
stormwater permit is considered a violation of NC1S 143-215.1, and is subject to enforcement action.
If you have any questions concerning this matter please feel free to call me at [phone].
Sincerely,
Ms. Linda Lewis
Environmental Engineer
RSSiarl: S:\WQS\STORMWAT\ADDINF01980429.JUN
cc: Linda Lewis
Perry McCutcheon, R E
127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone] o-a
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

February 15,1999
VIA US MAIL
Ms. Linda Lewis, Environmental Engineer
NCDENR
127 Cardinal Drive Ext.
Wilmington, North Carolina 28405
Subject: LOWE'S OF MOREHEAD Cl
NCDENR PROJECT NO W8 980429
Dear Ms. Lewis:
ISOM ASSOCIATES P.A.
1311 Collegiate Drive
Wilkesboro, NC 28697
Phone: [phone]
Fax: [phone]
e-mail isomassoc®aol.com
I have received your acknowledgement letter dated January 26, 1999, regarding the above subject
project. This project is completed and the store is open for business. During the life of the project,
the construction drawings were changed, as applicable, in response to your periodic comments; the
changes have been implemented in the field as depicted on the last drawing submittal.
As you know, this permit has been pending for many months to -date following our timely initial
application package submittal. My client's intent has certainly always been to comply with all
applicable regulations. In my opinion, the response time of your agency has not been reasonable, to
the point that my client now has a completed, operating facility with no stormwater permit in -hand.
The two relatively minor issues addressed in your recent letter would, at this point, clearly result in a
hardship for which my client is not directly. responsible.
In summary, I believe that our'timely initial application, subsequent response times to your agency's
requirements, as well as the on -going implementation of field construction changes demonstrates
that we have, in good faith, intended to comply with all applicable NCDENR regulations and to
obtain the required permit. However, at this point, the response time of your agency has not allowed
us to obtain the permit prior to project completion. As I said in my most recent letter, I believe that
our project complies with the intent of the regulations as designed and constructed; therefore, given
the past response time of your agency, please consider issuing the permit at your earliest
opportunity.
Sincerely,
ISOM ASSOCIATES, P
,OPe�rjLNl dtcheon II, PE
Director of Civil Engineering
JPM:jpm
cc: Dale Isom, PE
Mr. Blanton Hamilton, TRIBEK
STORMWATER
E C E I V E
FEB 181 999
PROD # "AC-4 27
ARCHITECTURE - ENGINEERING - PLANNING - INTERIOR DESIGN

Inspection Date
Project Name Project Number-
god
ENGINEERED SYSTEM INSPECTION CHECKLIST
I. Site
a.
Impervious areas (buildings, parking, walks, etc) scale close to those
Alf
�d? <:V
N
b.
Any additional impervious area not shown?
Y
C.
Does all runoff from the impervious areas drain to the system? 1�-
-La-� Y
o d.
Are outparcels (if any) draining to the system? l ""`��
N
2. System
a.
Does the size of the system scale close to the approved minimums?
N
b.
Is the outlet / bypass structure in place?,
N
C.
Pd.
Is the orifice in place, correctly sized, and not clogged?
Is there is a trash rack and is it clean?
N
aft e.
Is there any erosion of the slopes or filter?
N
f.
Does the overflow elevation provide the required storage?
Y
N
i. ghat is the difference in elevation from PP to DP per plans?
g.
Are the inlets located to avoid short circuiting?
N
h.
Is there any evidence that the pond's design depth is no longer available? Y
i.
Are the forebays, if applicable, constructed and in good working order? eye pf�• o
N
j.
If a vegetated filter is required, is it in place and in good condition?
Y
i. Flow spreader?
ii. Grass?
3. Documentation
Has a copy of the recorded deed restrictions, if required, been received?
Is the facility being properly maintained?
Has ownership of the facility changed? New owner
Has the name of the facility changed? New name
Has the Engineer's Certification been received?
Y,
Y
Y
_ Y _ clw/
Comments: V
/I
-* Naf Try s k
�v�� � • �..,� slab-r nw�.�^�T'
s:\wqs\stormwat\forms\escklist.for

f)
ISOM ASSOCIATES P.A.
1311 Collegiate Drive
TRANS MfTTAL Wilkesboro, NC 28697
Phone: [phone]
Fax: [phone]
To: NCDENR — Water Quality e-mail isomassoc®aol.com
Mr. Scott A Vinson, Environmental Engineer
127 Cardinal Drive Ext.
Wilmington, NC 28406
FAX:
DATE: March 23, 1999
RE: LOWE'S OF MOREHEAD CITY, CARTERET COUNTY
ISOM PROJECT NO. 9757
We are sending you the following by:
❑ FAX ❑ U.S. MAIL ❑ UPS Ovemight ® UPS Ground ❑ Hand Delivery
❑ Blueprints ❑ Reproducibles ❑ Specifications ❑ Sketches
❑ Shop Drawings ❑ Field Reports .❑ Documents ❑ Other*
❑
Per Your Request
❑
Reviewed and Returned
®
For Your Information/Records
❑
Furnish as Corrected
❑
For Your Approval/Comment
❑
Revise and Resubmit
❑
For Your Review/Comment
❑
Not Approved
❑
Forwarding to You
❑
Other*
REMARKS: PLEASE FIND THE ABOVE REFERENCED INFORMATION. IF YOU HAVE
ANY QUESTIONS, PLEASE CALL. THANKS,
SIGNED: IL
Angela D. Bare for Perry McCutcheon
cc: Pmjcd File Dale Isom .STORMWATER
A«9oVED
MAR 2 51999
Dw4
ARCHITECTURE ENGINEERING PLANNING INTERIOR DESIGN

r�
March 22, 1999
VIA UPS GROUND
Mr. Scott A Vinson, Environmental Engineer
NCD€NR — Water Quality
127 Cardinal Drive Ext.
Wilmington, North Carolina 28408
Subject: LOWE'S OF MOREHEAD CITY, CART€RET COUNTY
NCDENR PROJECT NO. SW8 980429
Dear Mr. Vinson:
ISOM ASSOCIATES P.A.
1311 Collegiate Drive
Wilkesboro, NC 28697
Phone: [phone]
Fax: [phone]
e-mail [e-mail]
Please accept this letter and the enclosed documentation as our response to
your Stormwater, Compliance Inspection Report of March 8, 1999. The following
are item -by -item descriptions of the specific actions taken:
1. 1 have notified the Outparcel No. 3 engineer of my telephone conversation
with you today regarding the DWQ requirements for the Outparcel. I expect
DWQ will receive application information in the near future for this work.
2. A bulletin drawing is enclosed for NCD€NR approval depicting the installation
of a trash rack upon the headwall of the outlet structure from Pond 3.
3. The erosion and vegetation problems shall be corrected as discussed.
4. The PE Certification cannot be provided at this time since the stormwater
permit has not been issued and no approved plan exists at this time. The
Certification will be provided immediately upon satisfactory completion of the
work as required by the approved plan.
5. Proposed deed restriction language has previously been forwarded to Linda
Lewis.
I respectfully request your agency's review and approval (via fax) of the proposed
Pond 3 trash rack detail prior to our initiation of the corrective actions. Our
ARCHITECTURE • ENGINEERING • PLANNING INTERIOR DESIGN

intention is to have all the corrective actions performed under a single
mobilization. The contractor tells me to expect a two (2) week turn -around from
release of the work under this scenario.
If you should have any questions or comments, please call.
Sincerely,
JPM: jpm
enclosure
cc: Dale Isom, PE
Blanton Hamilton, TRIBEK

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State of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Division of Water Quality
March 10, 1999
Mr. Blanton Hamilton, Member
South Star Holdings, LLC
200 Providence Rd. Suite 106
Charlotte, NC 28207
LT A. W, A
'T so
.Mtt3a
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: COMPLIANCE INSPECTION
Lowe's of Morehead City
Stormwater Project No. SW8 980429
Carteret County
Dear Mr. Blanton:
Please find attached a copy of the completed form entitled "Stormwater Compliance Inspection
Report". The report summarizes the findings of a recent inspection of the project's stormwater controls
conducted on March 8, 1999 to determine compliance with Stormwater Regulations.
A summary of the findings and comments are noted under Section 6 of the report. Please inform
this Office in writing before April 10, 1999 of the specific actions that will be undertaken and the time
frame required to correct the deficiencies. Failure to provide the requested information, when required,
may initiate enforcement action. If you have any questions please contact me at the Wilmington Regional
Office, telephone number [phone].
Sincerely,
Scott A. Vinson
Environmental Engineer
RSS/sav: S:\WQS\STORMWAT\INSPECT\980429.MAR
cc: J.Perry McCutcheon II, P.E.
Wilmington Regional Office
127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

STORMWATER COMPLIANCE INSPECTION REPORT
1. Project Name: Lowe's of Morehead City
Project Number: SW8 980429 Control Measure: 3 Detention Ponds
Water Body: Newport River Classification: "SA"
Directions to site, address: US 70, just West of NC 24, adjacent to Wal-Mart.
2. Inspection Date: March 8, 1999
Weather Conditions: Clear, sunny
3. Comparison of Proposed plans vs. As -Built: Good
4. Compliance Issues:
a. Outparcel #3 is currently under construction without a stormwater permit.
b. There is no trash rack on the outlet structure for pond #3. -
C. There is severe erosion along the side slopes of pond #1, especially in the forbay region.
d. Pond #3 is overgrown with vegetation.
5. PE Certification Received? NO Deed Restrictions Received? NO
6. Required Actions:
a. Please submit a stormwater permit application, plans, fee, and all supporting
documentation for the outparcel before impervious surfaces are created. Note that
impervious area will be limited to the 1.5 acres for which the pond was designed.
b. Please provide a trash rack along the top of the headwall for the number 3 pond drainage
structure to prevent trash from leaving the site.
C. Please fill and stabalize the eroded areas to prevent massive sediment accumulation along
with slope stability.
d. Mow and reseed as necessary pond #3. Keep proper maintenance to keep pond in good
working condition.
e. Please submit the PE's Certification along with the deed restrictions for the outparcels.
Inspector: Scott A. Vinson , Cf,y,
Water Quality/Wilmington Regional Office/[phone]
RSS/sav: S:1WQSISTORMWATIINSPECT1980429.MAR

March 1, 1999
VIA US MAIL
Mr. Rick Shiver
NCDENR — Water Quality
127 Cardinal Drive Ext.
Wilmington, North Carolina 28405
Subject: LOWE'S OF MOREHEAD CITY
NCDENR PROJECT NO. SW8 980429
Dear Mr. Shiver:
ISOM ASSOCIATES P.A.
1311 Collegiate Drive
Wilkesboro, NC 28697
Phone: [phone]
Fax: [phone]
e-mail [e-mail]
This letter is intended as a follow up to our recent telephone conversation
regarding the above subject stormwater permit. Since our conversation, I have
taken the time to go through our files and compile the project history in regard to
the permit application process. Enclosed please find copies of selected
correspondence and a graphic timeline of events in an attempt to better illustrate
the process as it occurred.
There are several items from these documents which I wish to point out: first, not
only was the initial application package submitted in a timely manner, but
preliminary concept comments were solicited from your office nearly seven (7)
weeks prior to our initial application with no response from your agency.
Secondly, you agency's application review response time averaged over eight (8)
weeks. Lastly, we twice notified your office in writing of our commencement of
construction, with no specific response or acknowledgement from your agency.
I trust that this information will make our complaints regarding response times and
cooperation more clear and understandable. I understand the points made during
our conversation regarding my client's compliance responsibilities and your
expectations of permittee consultants; however, I believe that the project's history
clearly shows our attempt to work with your agency in good faith to obtain the
permit in a timely manner.
While the project is complete and permanently occupied at this point, it continues
to be our intent to comply with the regulations and obtain the permit as required.
We have not, and will not, attempt to circumvent our regulatory compliance
responsibilities. I would ask, based upon the project's history, that you re -consider
your voiced intent to levy fines against my client, in favor of pro -active cooperation
to resolve the issues in the field. Perhaps it would be prudent to meet together at
this point to determine the course of action; we would be willing to travel to
ARCHITECTURE ENGINEERING PLANNING INTERIOR DESIGN

Mr. Rick Shiver
Page 2 of 2
March 1, 1999
Wilmington to meet with you and your staff. If you agree, please call me at (336)
838-4007, extension 13, to set up a meeting.
Sincerely,
ISOM ASSOCIATES, P
d' Perry M Otcheon II, PE
Director of Civil Engineering
JPM:jpm
enclosures
cc: Dale Isom, PE

February 15,1999
VIA US MAIL
Ms. Linda Lewis, Environmental Engineer
NCDENR
127 Cardinal Drive Ext.
Wilmington, North Carolina 28405
Subject: LOWE'S OF MOREHEAD CI
NCDENR PROJECT NO W8 980429
Dear Ms. Lewis:
44
ISOM ASSOCIATES P.A.
1311 Collegiate Drive
Wilkesboro, NC 28697
Phone: [phone]
Fax: [phone]
e-mail [e-mail]
I have received your acknowledgement letter dated January 26, 1999, regarding the above subject
project. This project is completed and the store is open for business. During the life of the project,
the construction drawings were changed, as applicable, in response to your periodic comments; the
changes have been implemented in the field as depicted on the last drawing submittal.
As you know, this permit has been pending for many months to -date following our timely initial
application package submittal. My client's intent has certainly always been to comply with all
applicable regulations. In my opinion, the response time of your agency has not been reasonable, to
the point that my client now has a completed, operating facility with no stormwater permit in -hand.
The two relatively minor issues addressed in your recent letter would, at this point, clearly result in a
hardship for which my client is not directly responsible.
In summary, I believe that our timely initial application, subsequent response times to your agency's
requirements, as well as the on -going implementation of field construction changes demonstrates
that we have, in good faith, intended to comply with all applicable NCDENR regulations and to
obtain the required permit. However, at this point, the response time of your agency has not allowed
us to obtain the permit prior to project completion. As I said in my most recent letter, I believe that
our project complies with the intent of the regulations as designed and constructed; therefore, given
the past response time of your agency, please consider issuing the permit at your earliest
opportunity.
Sincerely,
ISOM ASSOCIATES, P.
-PerrXMc,JQdtcheon II, PE
Director of Civil Engineering
JPM:jpm
cc: Dale Isom, PE
Mr. Blanton Hamilton, TRIBEK
S VORMWA I �4
E C E I V E
FEB 181 D
999
Pao # SjDtuiEC.)42q
ARCHITECTURE ENGINEERING PLANNING INTERIOR DESIGN

State of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Division of Water Quality
January 26, 1999
Mr. Perry McCutcheon, P.E.
Isom Associates, P.A.
1311 Collegiate Drive
Wilkesboro, NC 28697
k4CDENR
ENVIRONMENT AND NATURAL RESOURCES
Subject: ACKNOWLEDGEMENT OF RECEIPT AND
REQUEST FOR ADDITIONAL INFORMATION
Stormwater Project No.. SW8 980429
Lowe's of Morehead City
Carteret County
Dear Mr. McCutcheon:
The Wilmington Regional Office received previously requested information for the Stormwater
Management Permit Application for Lowe's of Morehead City on November 30, 1998. A preliminary
review of that information has determined that the application is not complete. The following information
ig'needed to continue the stormwater review:
1. The Operation and Maintenance plan for wet detention requires an inspection of the outlet
structure after every rainfall event, so any trash or debris near the outlet can safely be
removed and disposed of properly at that time before it gets to the point where it will block
the flow. Experience with ponds in shopping centers indicates that the potential for trash
accumulation in the pond is very high. The point of the regulations is to prevent water quality
degradation. If we allow all that trash (an unregulated pollutant) to be transported
downstream, it would not speak well of the Division, and I'm sure the owners of Lowe's
would not want all that trash generated by their customers entering our waters, either. Please
specify a trash rack for the overflow.
2. The regulations require all impervious surfaces associated with a high density project to be
treated in an engineered system. Please design additional control devices for the entrance
road. Revise the application as necessary.
127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Actinn Emninver cngL r,c;.clean Qo% �oct-rrrt ;;; rr iiAilAY

Mr. McCutcheon
January 26, 1999
Stormwater Project No. SW8 980429
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 February 26, 1999, or the application will
be returned as incomplete. The return of a project will necessitate resubmittal of all required items, including
the application fee. The Division is allowed 90 days from the receipt of a completed application to issue the
permit.
If you have any questions concerning this matter please feel free to call me at [phone].
Sincerely,
Ms. Linda Lewis
Environmental Engineer
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Date: Tue, 26 Jan 1999 16:35:35 -0500
From: "Jeanette Powell" <[e-mail]>
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To: Alida Lewis <linda [e-mail]>
CC: Bradley Bennett<brad ley_ben [e-mail] r. state. nc. us>
Subject: Re: Lowes 980429
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Alida Lewis wrote:
> Dear Jeanette:
> Isom and Associates does not want to specify a trash rack for the
> overflow weir on a detention pond outlet structure. It is their
> opinion that it is better to allow this trash to head downstream to
> waters of the State and not impede the flow from the pond. What is
> the requirement for trash racks?
Hoo boy, good thing they didn't call me because this is absolutely
ridiculous and I'd have had to tell them it's required because I say
its required. That and its specified in the BMP manual which is an
unincorporated supplement to the rules. And you can always toss in
there that best professional judgement must be excercised on all
project reviews, and in my BPJ it would be contrary to protecting
water quality to allow trash - an. unregulated pollutant - to be
Alida Lewis -- 1 -- Tue, 26 Jan 1999 17:00:40

deliberately discharged to waters of the state because some developer
doesn't want to be bothered doing regular maintenance thats required
as part of his permit anyway. Furthermore, without a trash rack it
can be argued that the system may not perform as designed and
therefore won't meet the criteria in the rules. Unless, of course,
they want to prove that a 2-5 day drawdown of all water above the
permanent pool will still occur even if the discharge structure
becomes blocked with trash that didn't make it all the way through to
the discharge point (gee, how much will that cost to repair?) and that
trash doesn't have any significant water quality impacts. And I'll
throw in a "ppphhttttt!" too. Are these grown engineers asking these
questions? Sheesh!
> Also, they are proposing an entrance road across a large expanse of
> wetlands (permitted by Dorney), but they are not proposing to treat
> this runoff in an engineered system at this time. They want to put
> the burden on the future development to provide collection and
> treatment. I always thought the rules required that all impervious
> surfaces generated by a high density development must be treated in
> an engineered system. What do you think?
2H .1008(c)(1) - General engineering design criteria for all projects.
The size of the system must take into account the runoff at the
ultimate built -out potential from all surfaces draining to the system,
including any off -site drainage... The intent here is definitely that
runoff from all impervious surfaces be treated.
> Linda
Mailto:Jeanette [e-mail]. state. nc.us
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Stormwater and General Permits Unit
[phone], ext. 537
Alide Lewis
-- 2 -- Tue, 26 Jan 1999 17:00:40

From: Self <NROAR02/N1EW456>
To: "Jeanette Powell"<[e-mail]>
Subject: Lowes 980429
Copies to: "Bradley Bennett''<[e-mail]>
Date sent: Tue, 26 .Ian 1999 10:00:11 -0500
Dear Jeanette:
Isom and Associates does not want to specify a trash rack for the overflow
weir on a detention pond outlet structure. It is their opinion that it is better
to allow this trash to head downstream to waters of the State and not
impede the flow from the pond. What is the requirement for trash racks?
Also, they are proposing an entrance road across a large expanse of
wetlands (permitted by Dorney), but they are not proposing to treat this
runoff in an engineered system at this time. They want to put the burden
on the future development to provide collection and treatment. I always
thought the rules required that all impervious surfaces generated by a
high density development must be treated in an engineered system. What
do you think?
Linda