HomeMy WebLinkAboutSW8071207_COMPLIANCE_20160525STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW8
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
❑ HISTORICAL FILE
® COMPLIANCE EVALUATION INSPECTION
DOC DATE
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I, JOHN L. PIERCE CERTIFY THAT THIS MAP �^'FT THE PURPOSE OF SNOWING
EXISTING CONgMONS Y,TWN iME 1JN179 T THIS SURVEY DOES NOT
CERTIFY ANY DE9GN CONDIRUN3. � cei" /1, "
L.
SEP 1 7 2009
DETENTION POND RECORD DRAWING
OF
LOWE'S FREEDOM VILLAGE
PREPARED FOR
MORTON TRUCKING COMPANY
JACKSONVILLE TOWNSHIP, ONSLOW COUNTY, NC
PREPARED BY
JOHN L. PIERCE & ASSOCIATES, P.A.
405 JOHNSON BLVD. JACKSONVILLE, NC 28540
PHONE: 910-346-9800 DATE: 09-09-2008
SCALE: 1*- 20' F.B. 807 , PG.36
REVISED 9-16-08 JOB / EfnOR: BEIcnJO)pnacan
REVISED 10-05-05 GRAPHIC SCALE
% e 10 A M N
low
IN FUT
I hnh - 20 it
G:\Projects\LOWES FREEDOM VILLAGE POND ASBUILT'\dwg\BASE.dwg, 10/10/2008 2:09:58 PM, HP Design)et 500PS42+HPGL2 Card.pc3
�F
Energy, Mineral
and Land Resources
ENVIRONMENTAL QUALITY
May 25, 2016
Mr. Devin Staley, PE
Lowe's Companies, Inc.
1605 Curtis Bridge Rd
Wilkesboro, NC. 28697
PAT MCCRORY
Gov mor
DONALD R. VAN DER VAART
Secm,ry
TRACY DAVIS
Direclor
Subject: Notice of Inspection — Not Compliant
SWS 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 (Yopp 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: httus://deQ.ne.rov/abotit/divisions/eiierev-mineral-land-resources/enerev-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.I 910 350 2004 F I him://ooml.ncdern.ora/web/Ir/
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 brian.lambe@ncdenr.gov.
Sincerely,
Brian Lambe
Environmental Specialist
Enc: Compliance Inspection Report :3
4;�6\bpl: \\\Stormwater\Permits & Projects\1997\970415 HD\2016 05 CEI deficient 970415
\\\Stormwater\Permits & ProJects\1998\980429 HD\2016 05 CEI—deficient 980429
\\\StormwaterAPermits & ProJects\2007\071207 HD\2016 05 CEI—deficient 071207
cc: SW8 970415 Current/Outgoing Permittee: (w/ SW8 970415 attachments)
Daniel A. Barreiro, 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, ZVilkesboro, NC N697
SW8 980429 Current/Outgoing Permittee: (w/ SW8 980429 attachments)
Blanton Hamilton & Scott Bortz, Managers Southstar Holdings — Morehead City, LC
2820 Selwyn Ave, Suite 425, Charlotte, NC' 28209
SW8 071207 Current/Outgoing Pe'rmittee: (w/ SW8 071207 attachments)
Jeffrey Flattery, Manager, Jemsite Development, LLC
2874 Chestnut Grove Kd, 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
`7 DEVELOPMENT
MELVIN CLINE
Senior Pro je cc Manager
o FFiCE 336.846.7191 ex, 245
CELL 336.877.6691
M dvin.Clin a @J em s iteD evelopmen[.co m
��, J€�MISITE
DEVELOPMENT
1 1608 Hwy. 221 N. I Jefferson, NC 28640 1
Jemsite Develop mentcom
JEMSITE
1608 US Highway 221 N
Jefferson, NC 28640
September 15, 2009
North Carolina Department of Environment & Natural Resources
Attn: Ms. Linda Lewis
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: Lowe's of Jacksonville
Stormwater Pennit No. SW8 071207
Dear Ms. Lewis:
,lpp9
We are in receipt of the Notice of Inspection prepared by your office, dated September 2,
2009. Identified in this notice were five deficiencies that required attention to bring the
facility back into compliance. The deficiencies and associated responses are detailed
below:
1) There is no grass on the side slopes of the pond
The pond slopes are scheduled for completion of re -seeding activity by
October 2, 2009.
2) The half -round pipe that serves as the trash rack for the overflow weir needs
to be extended down to the permanent pool elevation or lower in order to
function effectively.
Per your email correspondence with Freeland & Kauffman (see
attached), we agree to install a metal screen on the underside of the half -
round pipe with openings no greater than 4".
3) Provide an on -site contact name and phone number who can unlock the gate
in the fence surrounding the pond.
Store Manger: Billy W. Miller
Phone Number: (910) 320-9030
336.946.7191 Ext. 245 336.846.1677 Fax mclvin.clme rnjemsitedevelopment.com
4) Consider adding another gate in the security fence adjacent to the outlet
structure since the majority of the routine inspections involve only the outlet
structure.
We have given this request serious consideration, but feel that the access
provided via the existing gate provides sufficient access to the facility for
routine inspections.
5) Confirm that the distance between the orifice invert and the overflow weir is
1.7 feet.
Please find attached a copy of the as -built survey confirming the
relationship between the orifice invert and the overflow weir.
As established by the responses above, all corrective measures are scheduled to be
completed on or before October 2, 2009.
In addition, it is our intent to transfer ownership and maintenance responsibilities of this
facility to Lowe's Home Centers in the coming weeks. The required transfer forms will
be forwarded to your office upon completion.
If you have any questions or concerns, please feel free to contact me.
Sincerely
6�
Melvin Cline
Senior Project Manager
Jemsite Development, LLC
J ff Me
President/ Member/ Manager
Jemsite Development, LLC
336.R46.7191 Ext.245 336.846.1677Pox MCI vin.clineritjemsitcdevelopmcut.com
Page f of 2
Melvin Cline
From: Todd Simmons [tsimmons@fk-inc.coml
Sent: Friday, September 11, 2009 8:07 AM
To: Melvin Cline
Subject: FW: Lowe's - Jacksonville, NC (SW8 071207)
Melvin
Let me know your thoughts on the compromise suggested below about attaching a screen to the''/z pipe
Thanks
Todd Simmons, PE, LEED® AP
Freeland & Kauffman
209 West Stone Avenue
Greenville, SC 29609
864-672-3426 phone
864-233-8915fax
From: Lewis,Linda [mailto:linda.lewis@ncdenr.gov]
Sent: Thursday, September 10, 2009 5:36 PM
To: Todd Simmons
Subject: RE: Lowe's - Jacksonville, NC (SW8 071207)
Todd:
Thank you for the update. Please understand that I in no way meant to accuse anyone of overlooking
something during the certification process. I simply wasn't able to see clearly because access was not
provided, and I observed what I thought MIGHT be a problem. A copy of the as -built survey will be just
the thing to confirm the distance from orifice to overflow.
Please note that in the future, the Division would like to receive a copy of the as -built survey with the .
Designer's Certification for all our permitted projects.
I understand what you're saying about the trash rack, and I even considered the same argument you
make about the trash having to float directly below the pipe as the water rises in order to potentially
clog it up. But it only takes one time and trash tends to collect around the outlet. If the pipe can't be
extended down, can we compromise and attach a screen across the bottom of the'h- round pipe, with
openings less than 4" square?
Thanks,
Linda
Please note my new email address is Linda.LewisGncdenr.gov
Linda Lewis
NC Division of Water Quality
127 Cardinal Drive Ext.
Wilmington, NC 28405
910-796-7215
on vI)nno
Page 2 of 2
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law
and may be disclosed to third parties.
From: Todd Simmons [mailto:tsimmons@fk-inc.com]
Sent: Thursday, September10, 2009 5:18 PM
To: Lewis,Linda
Subject: RE: Lowe's - Jacksonville, NC (SW8 071207)
Linda
I was the engineer on this project and wanted to touch base with you on #2 and #5 on the attached inspection list
#2 indicates the pipe should be extended down below permanent pool. The approved plans called for the pipe
to stop between the weir and orifice. I think the turndown for the orifice would conflict with this extension as well.
Extension of the pipe below the permanent pool may help with the effectiveness of the trash rack, but as currently
constructed, trash would have to be in the exact area between the pipe and the riser as the water rose to
circumvent the trash rack. Given the above, I would respectfully request that additional consideration be given to
the requirement to extend the pipe below permanent pool.
#5 — An asbuilt survey was performed and provided to Freeland & Kauffman noting a 1.77' difference in the orifice
and weir elevations. I assume a copy of the asbuilt survey could be provided with the response letter to fulfill this
requirement. Please confirm.
Thank you for your time and consideration. Let me know if you have any questions.
Todd Simmons, PE, LEED®AP
Freeland & Kauffman
209 West Stone Avenue
Greenville, SC 29609
864-672-3426 phone
864-233-8915fax
n/1 C/I nnn
�r
NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Colleen H. Sullins
Governor Director
September 2, 2009
Jeffrey Flattery, member/Manager
Jemsite Development, LLC
1608 US Highway 221 North
Jefferson, NC 28640
Subject: NOTICE OF INSPECTION
Lowe's of Jacksonville
Stormwater Management Permit No. SW8 071207
Onslow County
Dear Mr. Flattery:
Dee Freeman
Secretary
On September 1, 2009, staff of the Wilmington Regional Office of the Division of Water Quality (DWQ)
inspected the subject project to determine the status of compliance with Stormwater Management Permit
Number SW8 071207 issued on January 28, 2008. DWQ file review and site inspection revealed that the site
is not compliant with the terms and conditions of this permit. Please find a copy of the completed form entitled
"Compliance Inspection Report" attached to this letter, which details the deficiencies and summarizes the
findings of the recent inspection.
As indicated in the attached inspection report, the following deficiencies must be resolved:
1. There is no grass on the side slopes of the pond.
2. The half -round pipe that serves as the trash rack for the overflow weir needs to be extended down
to the permanent pool elevation or lower in order to function effectively.
3. Provide an on -site contact name and phone number who can unlock the gate in the fence
surrounding the pond.
4. Consider adding another gate in the security fence adjacent the outlet structure since the majority
of the routine inspections involve only the outlet structure.
5. Confirm that the distance between the orifice invert and the overflow weir is 1.7 feet.
Please inform this Office in writing before October 2, 2009, of the specific actions that will be undertaken and
the time frame that will be required to correct the deficiencies. Failure to provide the requested information,
when required, may initiate enforcement action including the assessment of civil penalties of up to $25,000
per day. If a written plan of action is not submitted to this office by the due date, then DWQ staff will re-
inspect the site and issue a Notice of Violation if the listed deficiencies have not been addressed.
Please be reminded that if any ownership, name or mailing address changes have occurred it is the
permittee's responsibility to notify this office in writing at least 30 days prior to making such changes. If you
have any questions please contact me at the Wilmington Regional Office, telephone number (910) 796-7215.
Sincere
Linda Lewis
Environmental Engineer III
Enclosure: Compliance Inspection Report
GDS\arl: S:\WQS\STORMWATER\INSPECT\071207.sep09
cc: John Hennessy-NPS-ACOU
WiRO Stormwater File
DWQ Central Files
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
Phone: 910-796-7215 \ FAX: 910-350-2004 \ Customer Service: 1-877-623-6748
Internet:v .ncwaterquality.org
One
NorthCarolina
Naturally
An Equal Dppa unity 1 Affirmative Action Employer
Compliance Inspection Report
Permit: SW8071207 Effective: 01/28/08 Expiration: 01/28/18 Owner: Jemsite Development LLC
Project: Lowe's of Jacksonville
County: Onslow, Relocated Yopp Rd
Region: Wilmington
Jacksonville NC 28540
Contact Person: Jeffrey E Flattery Title: Manager Phone: 336-846-7197
Directions to Project:
Head east on US Hwy 258 toward US 17 Business. TUrn 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 Representative(s):
Related Permits:
Inspection Date: 09/0112009 Entry Time: 01:00 PM
Primary Inspector: Alida R Lewis
Secondary Inspector(s):
Reason for Inspection: Routine
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant E Not Compliant
Question Areas:
State Stormwater
(See attachment summary)
Exit Time: 01:30 PM
Phone: 910-796-7215
Inspection Type: Stormwater
Page:1
Permit: SW8071207 Owner - Project: Jemsite Development LLC
Inspection Date: 09/01/2009 Inspection Type: Stormwater Reason for Visit: Routine
Inspection Summary
Noted deficiencies:
1. No grass on the side slopes.
2. No contact inforamtion to gain access to the locked gate.
3. Overflow Weir Trash rack issue.
4. Question about the Orifice elevation relative to overflow elevation.
To bring this system into compliance you must:
1. Remove the woody vegetation, follow the seeding specifications on the plans and plant grass or sod the pond's side
slopes.
2. Provide a contact name and phone number of someone onsite who can unlock the gate.
3. Confirm that there is 1.7 feet of elevation difference between the orifice invert and the overflow weir elevation.
4. Extend the half -round pipe that acts as the weir overflow trash rack, down to the permanent pool elevation or lower.
Page:2
Permit: SW8071207 Owner - Project: Jemsite Development LLC
Inspection Date: 09/01/2009 Inspection Type: Stormwater
Reason for Visit: Routine
File Review
Yes
No
NA
NE
Is the permit active?
®❑
❑
❑
Signed copy of the Engineer's certification is in the file?
®❑
❑
❑
Signed copy of the Operation & Maintenance Agreement is in the file?
®
❑
❑
❑
Copy of the recorded deed restrictions is in the file?
fa
❑
❑
Comment:
Built Upon Area
Yes
No
NA
NE
Is the site BUA constructed as per the permit and approval plans?
m
0
❑
❑
Is the drainage area as per the permit and approved plans?
Is
❑
❑
❑
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?
a
❑
❑
❑
Are the outlet structures located per the approved plans?
®
❑
❑
❑
Comment:
Operation and Maintenance
Yes
No
NA
NE
Are the SW measures being maintained and operated as per the permit requirements?
❑
®❑
❑
Are the SW BMP inspection and maintenance records complete and available for review or provided to DWQ ❑ ❑ ❑
upon request?
Comment: 1. Slopes are not grassed. They are covered with scrub trees, shrubs, and
fern plants. Underneath the leaves and fronds, the slopes are bare soil. The approved
plans provide for a variety of permanent seeding options, none of which appear to have
been implemented.
2. There are no wetlands species plants on the vegetated shelf. The approved plans
require a mixture of Emergent Rush and Arrow Arum to be planted on the shelf.
Other WQ Issues
Is the site compliant with other water quality issues as noted during the inspection?
Yes No NA NE
❑Im00
Page:3
Permit: SW8071207 Owner - Project: Jemsite Development LLC
Inspection Date: 09/01/2009 Inspection Type: Stormwaler Reason for Visit: Routine
Comment: 1. Access to the outlet structure is via a locked gate located on the
diagonally opposite side of the pond. A gate should be provided adjacent the outlet
stucture, since the majority of the monthly maintenance requirements involve checking
and clearing the outlet structure.
2. A contact name and phone number must be provided in order to gain access to the
pond and outlet structure for inspection.
3. A half -round pipe has been utilized as a trash rack for the open face of the overflow
weir. However, in order to function effectively as a trash rack, it will need to be extended
down to the permanent pool elevation or lower.
4. Since access to the outlet structure was prohibited by the locked gated, visual
inspection of the outlet structure was only possible from about 15-20 feet away. The
distance between the overflow weir and the orifice invert appeared to be less than the
1.7 feet that was permitted.
Page:4
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: 336-846-7197
Directions to Project:
Head east on US Hwy 258 toward US 17 Business. TUrn 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)
OnSite Representative(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 Roac
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:
05/10/2016 Entry Time: 03:OOPM Exit Time: 04:OOPM
Primary Inspector: Kelly Johnson
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: 910-796-7331
Inspection Type: Transfer Renewal
page: 1
d
Permit: SW8071207 Owner - Project: Jemsite Development LLC
Inspection Date: 05/10/2016 Inspection Type Transfer Renewal
File Review
Is the permit active?
Signed copy of the Engineer's certification is in the file?
Signed copy of the Operation & Maintenance Agreement is in the file?
Copy of the recorded deed restrictions is in the (le?
Comment: File Review Only
-Transfer needed
Reason for Visit: Routine
Yes No NA NE
■ ❑❑❑
• ❑ ❑ ❑
• ❑ ❑ ❑
■❑❑❑
page: 2
LnWE1VDS*
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:
Y ✓Lowe's of Cape Carteret, NC— S60 3 06 U'//
• Lowe's of Morehead City, NC _. :ff,w / ! 80 z>i,�?
• ✓Lowe's of Shallotte, NC _. 5 4,1 cf �4 6
Lowe's of Jacksonville, NC (Yopp Road) -- 5 6 '1/ �,? 6 %
• /L.owe's of Southport, NC — S e6, 3
a ✓Lowe's of Wilmington. NC 5 i„ 6 f.%6 �v;:z I
• ✓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,
IPA
M. Devin Staley, PE
Lowe's Companies, Inc.
IiSG 4l,Jr rVC
j OCT 2 6 2015
it
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 4) 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�117:i��Y i � �:ltril Y �I:I7�7:1t11_\lL�lil
1. Stormwater Management Permit Number: SW8 071207
2. Project Name: Lowe's of Jacksonville, NC (Yopp Road)
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: ()
It. 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 1 below)
❑x Corporation Name -(Complete Item 2 below and provide the Name Change/
❑ Point of Contact (i.e., Signing Official, Property Owner, LLC Manager, HOA/PI
(Complete Items 3 & 4 below and provide a copy of supporting documentation
❑ Mailing Address / Phone Number/ Email Address - (Complete Item 5, 6, or 71
1. New Project Name: u M'
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:
6. New Phone:( New Fax: (_)
7. New Email Address: devin.d.staleyAlowes.com
III. CURRENT PERMITTEE'S CERTIFICATION
Apt./Suite#
Zip:
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 a6gwatEt�d corppleje to the best of my knowledge.
Signature:
M'pn .to /0 - �P. LD 15
I, (\A-k.0 N c [C(`L,ruk � a Notary Public for the State of fyo.-4r. C®ve v ..9_
County of W � \t4", , do hereby certify that Sk wcc � ) � 14
personally appeared before me this the % day of tD C _4n I. 201 �, and acknowledge the
due execution of the forgoing instrument. Witness my hand and official seal,
VA fz_�4�� My commission expires � ` 3 0 � a 0 1 2
Signature MELISSA RICHARDSON
Notary Public, North Carolina
Wilkes County
My Commission Expires
February 20, 2017
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Coleen H. Sullins
Governor
Director
January 20, 2010
Jeffrey Flattery, Member/Manager
Jemsite Development, LLC
1608 US Hwy 221 N
Jefferson, NC 28640
Subject: Stormwater Permit No. SW8 071207
Lowe's of Jacksonville
High Density Subdivision Project
Onlsow County
Dear Mr. Flattery:
Dee Freeman
Secretary
The Wilmington Regional Office received a complete Stormwater Management Permit Application for Lowe's
of Jacksonville on January 18, 2008, and issued a permit on January 28, 2008. Recent events led to a review
of the file and of the existing permit and certain errors and omissions were discovered. The Division is
correcting those errors and omissions with this revised permit. Corrections include:
1) The inclusion of an "Offsite Lot Table" to assist in tracking the outparcel development;
2) The addition of a requirement to submit a renewal application 180 days before the permit expires; and;
3) A correction to the permit adjudication period from 60 days to 30 days.
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.1000 and NPDES Phase II Post -Construction
Requirements set forth in Session Law 2006-246. We are forwarding the corrected Permit No. SW8 071207
dated January 20, 2010, for the construction of the subject project, Lowe's of Jacksonville.
This permit shall be effective from the date of issuance until January 28, 2018, 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 150E 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 Christine
Nelson, Linda Lewis or me at (910) 796-7215,
Sincerely,
eorgette cott
Stormwater Supervisor
Division of Water Quality
GDS/arl: S:\WQS\STORMWATER\PERMIT\071207reissue.jan10
cc: Todd Simmons, P.E., Freeland and Kauffman
Onslow County Building Inspections
Wilmington Regional Office Stormwater File, Central Files
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One
Phone: 910-796-72151 FAX: 910-350-20041 Customer Service: 1-877-623-6748 North Caro l t na
Internet: w .ncwaterqualily.org Naturally
An Equal Opportunity 1 Affirmative Action Employer
State Stormwater Management Systems
Permit No. SW8 071207
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
Jeffrey Flattery & Jemsite Development, LLC
Lowe's of Jacksonville
Yopp Road, Jacksonville, Onslow County
FOR THE
construction, operation and maintenance of a wet detention pond in compliance with
the provisions of 15A NCAC 2H .1000 and Session Law 2006-246 (hereafter referred to
as the "stormwater rules and the NPDES Phase 11 Post Construction Requirements')
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 January 28, 2018 and shall
be subject to the following specified conditions and limitations:
I. DESIGN STANDARDS
This permit is effective only with respect to the nature and volume of stormwater
described in the application and other supporting data.
2. This stormwater system has been approved for the management of stormwater
runoff as described in Section 1.5 on page 3 of this permit. The subdivision is
permitted for one lot and eight outparcel lots, each allowed built -upon area (BUA)
as follows:
Lot / Outparcel No.
Lot Area ac
Max BUA, s . ft.
Lot #1
14.8
532,000
Outparcel #13
0.84
31,102
Outparcel #14
0.80
29,621
Outparcel #15
0.88
32,583
Outparcel #16
1.07
39,618
Outparcel #17
1.27
47,023
Outparcel #18
1.38
51,096
Outparcel #19
1.72
63,685
Outparcel #20
0.86
31,842
Page 2 of 10
State Stormwater Management Systems
Permit No. SW8 071207
3. Approved plans and specifications for this project are incorporated by reference
and are enforceable parts of the permit.
4. All stormwater collection and treatment systems must be located in either
dedicated common areas or recorded easements. The final plats for the project
will be recorded showing all such required easements, in accordance with the
approved plans.
5. The following design elements have been permitted for this wet detention pond,
and must be provided in the system at all times.
a.
Drainage Area, acres:
23.7
Onsite:
1,031,916
b.
Offsite:
Total Impervious Surfaces, ft2:
none
858,113
Lot #1 (Lowe's)
532,000
Buildings, ft2:
181,650
Roads/Parking, ft2:
314,985
Other, ft2:
34,908
Outparcel #13, ft2:
31,102
Outparcel #14, ft2:
29,621
Outparcel #15, ft2:
32,583
Outparcel #16, ft2:
39,618
Outparcel #17, ft2:
47,023
Outparcel #18, ft2:
51,096
Outparcel #19, ft2:
63,685
Outparce� #20, ft2:
31,842
Offsite, ft :
none
C.
Pond Depth, feet:
9 (5.2 average)
d.
TSS removal efficiency:
90%
e.
Design Storm:
1.5
f.
Permanent Pool Elevation, FMS�:
15.00
g.
Permitted Surface Area @PP ft :
60,208
h.
Permitted Storage Volume, ft�:
114,735
i.
Storage Elevation, FMSL:
16.70
j.
Controlling Orifice:
4"0 pipe
k.
Permanent Pool Volume, ft3:
313,693
I.
Forebay Volume, ft3:
57,272
m.
Maximum Fountain Horsepower:
1/2
n.
Receiving Stream / River Basin:
Brinson Creek / White Oak
o.
Stream Index Number:
19-12
p.
Classification of Water Body:
"Sc, NSW"
It. SCHEDULE OF COMPLIANCE
No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage
feature (such as swales) shown on the approved plans as part of the stormwater
management system without submitting a revision to the permit and receiving
approval from the Division.
The permittee is responsible for verifying that the proposed built -upon area for
the entire lot, including driveways and sidewalks, does not exceed the allowable
built -upon area. Once the lot transfer is complete, the built -upon area may not be
revised without approval from the Division of Water Quality. Both the permittee
and the lot owner are subject to enforcement action for failing to maintain
compliance with the built -upon area limit.
Page 3 of 10
State Stormwater Management Systems
Permit No. SW8 071207
If an Architectural Review Board or Committee is required to review plans for
compliance with the BUA limit, the plans reviewed must include all proposed
built -upon area. Any approvals given by the Board do not relieve either the
permittee or the lot owner of the responsibility to maintain compliance with the
permitted BUA limit.
4. The permittee shall submit to the Director and shall have received approval for
revised plans, specifications, and calculations prior to construction, for any
modification to the approved plans, including, but not limited to, those listed
below:
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, acquisition, or sale of all or part of the project area.
The project area is defined as all property owned by the permittee, for
which Sedimentation and Erosion Control Plan approval or a CAMA Major
permit was sought.
f. Filling in, altering, or piping of any vegetative conveyance shown on the
approved plan.
5. The Director may determine that other revisions to the project should require a
modification to the permit.
6. 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.
7. The stormwater management system shall be constructed in its entirety,
vegetated and operational for its intended use, prior to the construction of any
built -upon surface.
8. During construction, erosion shall be kept to a minimum and any eroded areas of
the system will be repaired immediately.
9. 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.
10. If the stormwater system was used as an Erosion Control device, it must be
restored to design condition prior to operation as a stormwater treatment device,
and prior to occupancy of the facility.
11. Permanent seeding requirements for the stormwater control must follow the
guidelines established in the North Carolina Erosion and Sediment Control
Planning and Design Manual.
12. 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.
Page 4 of 10
State Stormwater Management Systems
Permit No. SW8 0712Q7
13. Built upon area includes, but is not limited to, structures, asphalt, concrete,
gravel, brick, stone, slate, coquina and parking areas, but does not include
raised, open wood decking, or the water surface of swimming pools.
14. Prior to the sale of any lot, the following deed restrictions must be recorded:
a. The following covenants are intended to ensure ongoing compliance with
State Stormwater Management Permit Number SW8 071207, as issued
by the Division of Water Quality under NCAC 2H.1000 and Session Law
2006-246.
b. The State of North Carolina is made a beneficiary of these covenants to
the extent necessary to maintain compliance with the Stormwater
Management Permit.
C. These covenants are to run with the land and be binding on all persons
and parties claiming under them.
d. The covenants pertaining to stormwater may not be altered or rescinded
without the express written consent of the State of North Carolina,
Division of Water Quality.
e. Alteration of the drainage as shown on the approved plans may not take
place without the concurrence of the Division of Water Quality.
f. The maximum built -upon area per lot is as follows:
Lot / Outparcel No.
Lot Area, ac
Max BUA, s . ft.
Lot #1
14.8
532,000
Outparcel #13
0.84
31,102
Outparcel #14
0.80
29,621
Outparcel #15
0.88
32,583
Outparcel #16
1.07
39,618
Outparcel #17
1.27
47,023
Outparcel #18
1.38
51,096
Out
163,685
Out arcel #20
0.86
131,842
This allotted amount includes any built -upon area constructed within the
lot property boundaries, and that portion of the right-of-way between the
front lot line and the edge of the pavement. Built upon area includes, but
is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate,
coquina and parking areas, but does not include raised, open wood
decking, or the water surface of swimming pools.
g. Lots within CAMA's Area of Environmental Concern may be subject to a
reduction in their allowable built -upon area due to CAMA regulations.
h. All runoff on the lot must drain into the permitted system. This may be
accomplished through providing roof drain gutters which drain to the
street, grading the lot to drain toward the street, or grading perimeter
swales and directing them into the pond or street. Lots that will naturally
drain into the system are not required to provide these measures.
i. Built -upon area in excess of the permitted amount will require a permit
modification.
j. Each lot within the subdivision whose ownership is not retained by the
permittee, must submit a separate Offsite Stormwater Management
Permit application package to the Division of Water Quality and receive a
permit prior to any construction on the lot.
15. A copy of the recorded deed restrictions must be submitted to the Division within
30 days of the date of recording the plat, and prior to selling lots. The recorded
copy must contain all of the statements above, bear the signature of the
Permittee, the deed book number and page, and stamp/signature of the Register
of Deeds.
Page 5 of 10
State Stormwater Management Systems
Permit No. SW8 071207
16. Decorative spray fountains will be allowed in the stormwater treatment system,
subject to the following criteria:
a. The fountain must draw its water from less than 2' below the permanent
pool surface.
b. Separated units, where the nozzle, pump and intake are connected by
tubing, may be used only if they draw water from the surface in the
deepest part of the pond.
c. The falling water from the fountain must be centered in the pond, away
from the shoreline.
d. The maximum horsepower for the fountain's pump is based on the
permanent pool volume. The maximum pump power for a fountain in this
pond is 1/2 horsepower.
17. Prior to transfer of the permit, the stormwater facilities will be inspected by DWQ
personnel. The facility must be in compliance with all permit conditions. Any
items not in compliance must be repaired or replaced to design condition prior to
the transfer. Records of maintenance activities performed to date will be
required.
18. The permittee shall at all times provide the operation and maintenance
necessary to assure that all components of the permitted stormwater system
function 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.
C. Mowing and revegetation of side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and
specifications.
f. Debris removal and unclogging of structures, orifice, catch basins and
piping.
g. Access to all components of the system must be available at all times.
19. 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.
III. GENERAL CONDITIONS
This permit is not transferable to any person or entity except after notice to and
approval by the Director. At least 30 days prior to a change of ownership, a
name change of the owner or of the project, or a mailing address change, the
Permittee shall submit a completed and signed "Name/Ownership Change Form"
to the Division of Water Quality accompanied by the appropriate documentation
as listed on page 2 of the form. The project must be in good standing with DWQ.
The approval of this request will be considered on its merits and may or may not
be approved.
2. The permittee is responsible for compliance with all of the terms and conditions
of this permit until such time as the Director approves the transfer request.
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.
Page 6 of 10
State Stormwater Management Systems
Permit No. SW8 0712Q7
4. 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 and
receiving the necessary permits prior to conducting any development activities.
5. 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.
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.
7. Permittee grants permission to staff of the DWQ to access the property for the
purposes of inspecting the stormwater facilities during normal business hours.
8. 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.
The permittee shall submit a permit renewal request application and fee to the
Division at least 180 days prior to the expiration date of this permit.
Permit corrected and reissued this the 20th day of January 2010.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW8 071207
Page 7 of 10
State Stormwater Management Systems
Permit No. SW8 071207
Lowe's of Jacksonville
Stormwater Permit No. SW8 071207
Onslow County
Designer's Certification
Page 1 of 2
I, , as a duly registered in the
State of North Carolina, having been authorized to observe (periodically/weekly/full
time) the construction of the project,
(Project)
for (Project Owner) hereby state that, to the
best of my abilities, due care and diligence was used in the observation of the project
construction such that the construction was observed to be built within substantial
compliance and intent of the approved plans and specifications.
The checklist of items on page 2 of this form are a part of this Certification.
Noted deviations from approved plans and specifications:
Signature
Registration Number
Date
SEAL
Page 8 of 10
State Stormwater Management Systems•
Permit No. SW8 0712Q7
Certification Requirements: Page 2 of 2
1. The drainage area to the system contains approximately the permitted
acreage.
2. The drainage area to the system contains no more than the permitted
amount of built -upon area.
3. All the built -upon area associated with the project is graded such that the
runoff drains to the system.
4. All roof drains are located such that the runoff is directed into the system.
5. The outlet/bypass structure elevations are per the approved plan.
6. The outlet structure is located per the approved plans.
7. Trash rack is provided on the outlet/bypass structure.
8. All slopes are grassed with permanent vegetation.
9. Vegetated slopes are no steeper than 3:1.
10. The inlets are located per the approved plans and do not cause short-
circuiting of the system.
11. The permitted amounts of surface area and/or volume have been
provided.
12. Required drawdown devices are correctly sized per the approved plans.
13. All required design depths are provided.
14. All required parts of the system are provided, such as a vegetated shelf, a
forebay, and the vegetated filter.
15. The required dimensions of the system are provided, per the approved
plan.
cc: NCDENR-DWQ Regional Office
Onslow County Building Inspections
Page 9 of 10
State Stormwater Management Systems
Permit No. SW8 071207
Master Permit No. SWS 071207
Lot # from
Master Permit
Drains to
Pond #
Offsite Permit No.
Date Issued
Offsite Project Name
Allocated
BUA
Proposed
BUA
13
1
31,102
14
1
29,621
15
1
32,583
16
1
39,618
17
1
47,023
18
1
51,096
19
1
63,685
20
1
N/A Pond lot
31,842
Page 10 of 10
®GoogIeCdlen - t. . y GIS Home Page
C map 2. rokre<h.ner .:
SW8 071207 — Lowe's of Jacksonville (Yopp Rd)
Onslow County GIS Printout 5/10/16
IF ❑ OnWw Cmi%W . 11 altemneaGIS Featum
-------------
SOSID: 0885004
Date Filed: 2/19/2016 11:59:00 PM
LIMITED LIABILITY COMPANY ANNUAL RE Elaine F. Marshall
dam' North Carolina Secretary of State
CA2016 050 02033
NAME OF LIMITED LIABILITY COMPANY: Jemsite Development, LLC
SECRETARY OF STATE ID NUMBER: 0885004 STATE OF FORMATION: NC
REPORT FOR THE YEAR:
SECTION A: REGISTERED AGENT'S INFORMATION
1. NAME OF REGISTERED AGENT: Jeffrey Flattery
2. SIGNATURE OF THE NEW REGISTERED AGENT:
3. REGISTERED OFFICE STREET ADDRESS & COUNTY
1608 US Highway 221 N
SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT
4. REGISTERED OFFICE MAILING ADDRESS
PO Box 635
Jefferson, NC28640 Ashe Jefferson, NC 28640 Ashe
SECTION B: PRINCIPAL OFFICE INFORMATION
1. DESCRIPTION OF NATURE OF BUSINESS: Real Estate Development
Changes
2. PRINCIPAL OFFICE PHONE NUMBER: (336) 846-7191 3. PRINCIPAL OFFICE EMAIL Privacy Redaction
4. PRINCIPAL OFFICE STREET ADDRESS & COUNTY 5. PRINCIPAL OFFICE MAILING ADDRESS
l7. �
1608 US Highway 221 N PO Box 1000.
Jefferson, NC 28640 Ashe Jefferson, NC 28640 Ashe
SECTION C: COMPANY OFFICIALS (Enter additional Company Officials in Section E.)
NAME: Jeffrey E Flattery NAME: JAMES M VANNOY NAME: William E Vannoy
TITLE: Manager TITLE: Manager TITLE: Manager
ADDRESS:
ADDRESS:
2874 Chestnut Grove Rd P. O. Box 635
ADDRESS:
PO Box 635
Sparta, NC 28675 Jefferson, NC 28640 Ashe Jefferson, NC 28640-0110 Ashe
SECTION D: CERTIFICATION OF ANNUAL REPORT Section D must be completed in its entirety by a person/business entity.
GNATUR
b ig Company Official listeE
Form must b un Section C of this form.
DATE
=SZ- C ey-FW44?ry mpmi1or
Pn t or Type Name of Comp y official Print or Type The Title of the Company Official
r�
SUBMIT THIS ANNUAL REPORT WITH THE REQUIRED FILING FEE OF $2110 Rl
MAIL TO: Secretary of State, Corporations Division, Post Office Box 29525, Raleigh, NC 27626-0525
n �
`mow � 0`7 ()-o�
12
LIMITED LIABILITY COMPANY ANNUAL REPORT
NAME OF LIMITED LIABILITY COMPANY: Lowe's Home Centers, LLC
SECRETARY OF STATE ID NUMBER: 0087619 STATE OF FORMATION: NC
REPORT FOR THE YEAR: 2016
SECTION A: REGISTERED AGENT'S INFORMATIIZ
1. NAME OF REGISTERED AGENT: Corporation Service Company
2. SIGNATURE OF THE NEW REGISTERED AGENT:
E-Filed Annual Report
0087619
CA201609504378
4/4/2016 04:29
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: (704) 758-2520 3. PRINCIPAL OFFICE EMAIL: Privacy Redaction
4. PRINCIPAL OFFICE STREET ADDRESS & COUNTY 5. PRINCIPAL OFFICE MAILING ADDRESS
1605 Curtis Bridge Rd 1000 Lowes Blvd NB4TA
Wilkesboro, NC 28697-2231 Mooresville, NC 28117-8520
SECTION C: COMPANY OFFICIALS (Enter additional Company Officials in Section E.)
NAME: Ricky D. Damron NAME: David R Green
TITLE: Manager TITLE: Vice President
ADDRESS:
ADDRESS:
NAME: Robert F. Hull, Jr.
TITLE: Manager
ADDRESS:
1000 Lowe's Blvd 1000 Lowe's Blvd 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.
4/4/2016
DATE
David R Green Vice President
Print or Type Name of Company Official Print or Type The Title of the Company Official
MAIL TO: Secretary of State, Corporations Division, Post Office Box 29525, Raleigh, NC 27626-0525
f
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, INC 28117
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:
NAME:
TITLE:
ADDRESS:
NAME:
TITLE:
ADDRESS:
Name:
TITLE:
ADDRESS:
NAME:
TITLE:
ADDRESS:
r t
State of North Carolina
Department of the Secretary of State
ARTICLES OF ORGANIZATION
INCLUDING ARTICLES OF CONVERSION
SOSID: 0087619
Date Filed: 10/30/2013 3:47:00 FM
Effective: 11/1/2013
Elaine F. Marshall
North Carolina Secretary of State
C2013 303 00267
Pursuant to §§ 57C-2-21, 57C-9A-01 and 57C-9A-03 of the General Statutes of North Carolina, the
undersigned converting business entity does hereby submit these Articles of Organization Including Articies.of
Conversion for the purpose of forming a limited liability company.
1. The name of the limited liability company is: LoyWs Home Cantors, LAC
The limited liability company is being formed pursuant to a conversion of another business entity.
2. The name of the converting business entity is Lowers KomoCeMM, 1%.
and the organization and internal affairs ofthe converting business entity are l;bvemed by the laws of
the state or country of North caror-m
A plan.of conversion has been approved by the converting business entity as required by law.
3. The converting business entity is a (check one): Qd domestic corporation; 0foreign corporation; ❑
foreign limited liability company; ❑ domestic limited partnership;
❑ foreign limited partnership; ❑ domestic registered limited liability partnership;
❑ foreign limited liability partnership; or ❑ other partnership as defined in G.S. 59-36, whether or not
formed under the laws of North Carolina.
4, if the limited liability company is to dissolve by a specific date, the latest date on which the limited
liability company is to dissolve: (lf no date for dissolution is specified, there shall be no limit on the
duration of the limited hability company.)
5. The name and address of each person executing these articles of organization is as follows: (State
whether each person is executing these articles of organization in the capacity of a member, organizer
or both).
Banner M Keener. Jr Organizer 1000 Lowe's Blvd Mooresville NC 28117 -
6.
7.
The street address and county of the initial registered office of the limited liability company is:
Number and Street 327 Hillsborough Street
Raleigh, NC, 27603
City, State, Zip Code _- g
The trailing address, if different from Ilse street address, of the initial registered office is:
8. The name of the initial registered agent is: Corporation Service Company
CORPORATIONS DIVISION P.O. BOX 29622 RALEIGH,NC 27626-0622
(Revised,lanumy2002) (Form L-01A)
9. Principal office information: (.Select either a or b.)
a. ❑� The limited liability company has a principal office.
o The street address and county of the principal office of the limited liability company is:
Number and Street 1605 Curtis Bridge Road
City. State. Zip CodewnhesboroJNC 28697 County vautes
The mailing address, t(different from thesneer address, of the principal office of the limited liability
company Is: 1000 Lowe's Blvd. Mooresville. NC 28117
b. ❑ The limited liability company does not have a principal office.
10. Check one of the following:
❑ (i) Member -managed LLC: all members by virtue of their status as members shall be managers of
this limited liability company.
❑✓ (ii) Manager -managed LLC: except as provided by N.C.G.S: Section 57C-3-20(a), the members
of this limited liability company shall not be managers by virtue of their status as members.
11. Any other provisions which the limited liability company elects to include are attached.
12. These, articles will be effective upon filing, unless a date and/or time is specified:
November 1, 2013 .. (
This is theZNoday of_0 C� 2013
Signature
canner M. Keerter. Jr. Organizer
or Print None and Title
NOTES'.
1. Filing, fee IsS125. This document must be filed with the 5eerotury of Slatc.
CORPORATIONS DIVISION P.O. BOX 29622 RALEIGH, NC 27626.0622
(Revised January 2002) (Form L-01A)
Compliance Inspection Report
Permit: SW8071207 Effective: 01/28108
Project: Lowe's of Jacksonville
Owner: Jemsite Development LLC
County: Onslow
Region: Wilmington
Expiration: - 12/31/21
Adress: Relocated Yopp Rd
CitylStatelZip: Jacksonville NC 28540
Contact Person: Jeffrey E Flattery Title: Manager Phone: 336-846-7197
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 Stonnwaler- HD- Detention Pond
Drain Areas: 1 - (Brinson Creek) (03-05-02) ( SC;NSW)
On -Site Representative(s):
Related Permits
SW8140320 Bailey and Associates Inc - Lot 17 Freedom Village Shopping Center
SW8140121 Bailey 8 Fuller Properties LLC - Biotest Pharmaceuticals Corp Lot 19 Yopp Roa(
SW8060718 Bailey and Associates Inc - Freedom Village Shopping Center
SW8140212 Rhgc Investments - DaVda 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 Slormwater
Facility Status: ❑ Compliant ® Not Compliant
Question Areas:
® State Slormwater
(See attachment summary)
Inspection Type: Compliance Evaluation
page: 1
r
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? ® ❑ ❑ ❑
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? ® ❑ ❑ ❑
Are the outlet structures located per the approved plans? ® ❑ ❑ ❑
Comment:
Operation and Maintenance Yes No NA NE
Are the SW measures being maintained and operated as per the permit requirements? ❑ ®❑ ❑
Are the SW BMP inspection and maintenance records complete and available for review or provided to ❑ ❑ ❑
DWQ upon request?
Comment: General maintenance according 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
Permit: W8970415
Project:
Lowes Home Center
Owner:
Crisman Corp
County:
Onslow,
Region:
Wilmington
Compliance Inspection Report
Effective: 09/03/97 Expiration: 09/03/07
Contact Person: David E Shelton
Directions to Project:
Western Blvd.
Type of Project: State Stormwater- 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:
Adress: Western Blvd
City/State/Zip: Jacksonville NC 28540
Title: Phone: 336-658-4463
Inspection Date: 05/24/2016 Entry Time: 12:OOPM
Primary Inspector: Brian P Lambe
Secondary Inspector(s):
Reason for Inspection: Routine
Permit Inspection Type: State Stormwater
Facility Status: ❑ Compliant ® Not Compliant
Question Areas:
® Slate Stormwater
(See attachment summary)
Exit Time: 01:OOPM
Phone:
Inspection Type: Compliance Evaluation
page: 1
Permit: SW8970415 Owner - Project: Crisman Corp
Inspection Date: 05/2412016 - 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? ® ❑ ❑ ❑
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? ❑ ®❑ ❑
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 forebav 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:
Depth of pond is not to design depth as the outlet is to be constructed at elevation 45 bottom of pond is
to be 41. There are no pools that retain water significantly.
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? ® ❑ ❑ ❑
Comment:
page: 2
Compliance Inspection Report
Permit: SW8980429 Effective: 07/09113
Project: at Morehead Crossing
Owner: Southstar Holdings Morehead City LLC
County: Carteret
Region: Wilmington
Expiration: 09102/21
Adress: 5219 Hwy 70
CitylState/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 Stormwaler- HD - Wetlands
Drain Areas:
On -Site Representative(s):
Related Permits:
Stale Stormwaler - HD - Detention Pond
Phone: 704-333-8484
SW8000528 Wal-Mart Stores Inc - Wal-Mart Super Center #1355 Morehead City
Inspection Date: 05/24/2016 EntryTime: 10:OOAM Exit Time: 11:OOAM
Primary Inspector: Brian P Lambe
Secondary Inspector(s):
Reason for Inspection: Routine
Permit Inspection Type: Slate Stormwater
Facility Status: ❑ Compliant ® Not Compliant
Question Areas:
® State Stormwaler
(See attachment summary)
Phone:
Inspection Type: Compliance Evaluation
page: 1
Permit: SW8980429 Owner- Project: Southstar Holdings Morehead City LLC
Inspection Date: 05/2412016 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? S ❑ ❑ ❑
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? ® ❑ ❑ ❑
Are the outlet structures located per the approved plans? - ® ❑ ❑ ❑
Comment:
Operation and Maintenance Yes No NA NE
Are the SW measures being maintained and operated as per the permit requirements? ❑ ®❑ ❑
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 Dond and shelf,
Maintain mowing and remove woody growth
Pond 2:
Emergency spillway appears to have eroded under the rip rap Repair.
Investigate 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 growth
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? ❑ ❑ ❑ O
Comment:
Other WO Issues - Yes No NA NE
Is the site compliant with other water quality issues as noted during the inspection? ❑ ❑ ❑ ■
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: 336-846-7197
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 INC Hwy 53 intersection.
Type of Project: State Stormwater - HD - Detention Pond.
Drain Areas: 1 - (Brinson Creek) (03-05-02) ( SC;NSW)
On -Site Representative(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 Roae
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: 09/07/2016 Entry Time: 09:30AM Exit Time: 10:30AM
Primary Inspector: Kelly Johnson
Secondary Inspector(s):
Brian P Lambe
Reason for Inspection: Follow-up
Permit Inspection Type: State Stormwater
Facility Status: Compliant ❑ Not Compliant
Question Areas:
as State Stormwater
(See attachment summary)
Phone: 910-796-7331
Inspection Type: Compliance Evaluation
I
page: 1
Permit: SW8071207 Owner -Project: Jemsite Development LLC
Inspection Dale: 09/07/2016 Inspection Type Compliance Evaluation Reason for Visit: Follow-up
File Review
Yes
No NA NE
Is the pennit active?
®
❑ ❑ ❑
Signed copy of the Engineers cenification is in the file?
®
❑ ❑ ❑
Signed copy of the Operation & Maintenance Agreement is in the file?
®
❑ ❑ ❑
Copy of the recorded deed restrictions is in the file?
®
❑ ❑ ❑
Comment:
Built Upon Area Yes No NA NE
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? IN ❑ ❑ ❑
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? ® ❑ ❑ ❑
Are the outlet structures located per the approved plans? ® ❑ ❑ ❑
Comment:
Operation and Maintenance Yes No NA NE
Are the SW measures being maintained and operated as per the permit requirements? ® ❑ ❑ ❑
Are the SW BMP inspection and maintenance records complete and available for review or provided to ❑ ❑ ❑
DWO upon request?
Comment: The previous inspection completed on May 24 2016 by Brian Lambe (DEMLR) indicated that routine
maintenance is needed. The report did not indicate that the site was in compliance However I spoke
with him this morning and he intended to say that the pond (as all ponds) need ongoing maintenance
over time, There is no specific area that needs to be maintained at this time
page: 2