SW8060429_HISTORICAL FILE_20060516

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW8 QED 0`A2G}
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
20 olD 0 51 h
YYYYMMDD

1
Y
May 16, 2006
Mr. Robert A. Capps, III, Member/Manager
Gate City Water Properties, LLC
PO Box 29089
Greensboro, NC 27429
Subject: Stormwater Permit No. SW8 060429
Vineyard at Pages Creek
Low Density Subdivision Permit
New Hanover County
Dear Mr. Capps:
Michael F. Easley, Govemor
William G. Ross Jr., Secretary
North Carolina Department of Em-ironmcnt and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
The Wilmington Regional Office received a complete Stormwater Management Permit
Application for Vineyard at Pages Creek on May 10, 2006. 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. We are forwarding Permit No. SW8 060429,
dated May 16, 2006, for the construction of the subject project.
This permit shall be effective from the date of issuance until rescinded and shall be subject to
the conditions and limitations as specified therein, and does not supercede any other agency
permit that may be required.
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 either Robert Gordon or me at [phone].
Sincerely,
Edward Beck
Regional Supervisor
Surface Water Protection Section
ENB/rdg: S:\WOS\STORMWAT\PERMIT\060429.may06
cc: Mark Hargrove, PE, Withers & Ravenel
Tony Roberts, New Hanover County Building Inspections
City of Wilmington Development Services
Beth E. Wetherill, New Hanover County Engineering
Division of Coastal Management
Robert Gordon
Wilmington Regional Office
Central Files
Nonhcarouna
Jl aturall jl
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Service 1-877-623-6748
Wilmington Regional Office Wilmington, NC 28405 Fax [phone] Intemet: www-.ncwaunqualitv.ore
An Equal OpportunitylAtfirmative Action Employer — 50% Recycled/10% Post Consumer Paper

State Stormwater Management Systems
Permit No.SW8 060429
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
LOW 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
Mr. Robert A Capps, 111 & Gate City Water Properties, LLC
Vineyard at Pages Creek
Canady Road, Wilmington - New Hanover County
FOR THE
construction, operation and maintenance of a 25% low density subdivision 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 shall be effective from the date of issuance until rescinded and shall be
subject to the following specific conditions and limitations:
I. DESIGN STANDARDS
1. Each of the 7 lots is limited to the following maximum square feet of built -upon
area, as indicated in the approved plans.
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2. The overall tract built -upon area percentage for the project must be maintained
at 25% per the requirements of Section .1005 of the stormwater rules.
3. Approved plans and specifications for projects covered by this permit are
incorporated by reference and are enforceable parts of the permit.
4. Prol'ects covered by this permit will maintain a minimum 30 foot wide vegetative
buffer between all impervious areas and surface waters.
5. The only runoff conveyance systems allowed will be vegetated conveyances
such as swales with minimum side slopes of 3:1 (H:V) as defined in the
stormwater rules and approved by the Division.
6. All roof drains must terminate at least 30' from the mean high water mark.
Page 2 of 5

State Stormwater Management Systems
Permit No.SW8 060429
II. SCHEDULE OF COMPLIANCE
1. Swales and other vegetated conveyances shall be constructed in their entirety,
vegetated, and be operational for their intended use prior to the construction of
any built -upon surface.
2. During construction, erosion shall be kept to a minimum and any eroded areas of
the swales or other vegetated conveyances will be repaired immediately.
3. The permittee shall at all times provide the operation and maintenance
necessary to operate the permitted stormwater management systems at
optimum efficiency to include:
a. Inspections.
b. Sediment removal.
C. Mowin.Q, and revegetating of the side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and
specifications.
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 any of the items shown on the approved plans, including
the stormwater management system, design concept, built -upon area,
details, etc.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area or to the
drainage area.
e. Further subdivision, acquisition, or selling of the project area.
f. Filling in, altering or piping 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 permittee shall submit all information requested by the Director or his
representative within the time frame specified in the written information request.
7. No piping shall be allowed except that minimum amount necessary to direct
runoff beneath an impervious surface such as a road and that minimum amount
needed under driveways to provide access to lots.
Unless specified elsewhere, permanent seeding requirements for the swales
must follow the guidelines established in the North Carolina Erosion and
Sediment Control Planning and Design Manual.
The permittee is responsible for verifying that the proposed built -upon area 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, and responsibility for meeting the built -upon area limit is transferred to
the individual property owner, provided that the permittee complies with the
requirements of Section 11.11 of this permit.
10. Within 30 days of completion of the project, the permittee must certify in writing
that the project's stormwater controls, and impervious surfaces have been
constructed within substantial intent of the approved plans and specifications.
Any deviation from the approved plans must be noted on the Certification.
Page 3 of 5

State Stormwater Management Systems
Permit No.SW8 060429
11. 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.
12. Deed restrictions are incorporated into this permit by reference and must be
recorded with the Office of the Register of Deeds prior to the sale of any lot.
Recorded deed restrictions must include, as a minimum, the following
statements related to stormwater management:
a. The following covenants are intended to ensure ongoing compliance with
State Stormwater Management Permit Number SW8 060429, as issued
by the Division of Water Quality under NCAC 2H.1000.
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 listed below. This allotted amount
includes any built -upon area constructed within the lot property
boundaries, including the roads. Built upon area includes, but is not
limited to, structures, asphalt, concrete, gravel, brick, stone, slate, and
coquina, but does not include raised, open wood decking, or the water
surface of swimminq pools.
'
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13
g. Filling in or piping of any vegetative conveyances (ditches, swales, etc.)
associated with the development except for average driveway crossings,
is strictly prohibited by any persons.
h. Each lot will maintain a 30' wide vegetated buffer between all impervious
areas and surface waters.
i. All roof drains shall terminate at least 30' from the mean high water mark.
The permittee shall submit a copy of the recorded deed restrictions within 30
days of the date of recording.
14. If the permittee sets up an Architectural Review Committee (ARC) to review
plans for compliance with the restrictions, the plans reviewed must include all
proposed built -upon area (BUA). Any approvals given by the ARC do not relieve
the lot owner of the responsibility to maintain compliance with the permitted BUA
limit.
15. Stormwater conveyances will be located in either dedicated right-of-way (public
or private , recorded common areas or recorded drainage easements. The final
plats fort e project will be recorded showing all such required easements, in
accordance with the approved plans.
Page 4 of 5

State Stormwater Management Systems
Permit No.SW8 060429
III. GENERAL CONDITIONS .
Failure to abide by the conditions and limitations contained in this permit may
subject the Permittee to an enforcement action by the Division of Water Quality,
in accordance with North Carolina General Statutes 143-215.6A to 143-215.6C.
2. The permit issued shall continue in force and effect until revoked or terminated.
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.
The issuance of this permit does not prohibit the Director from reopening and
modifying the permit, revoking and reissuing the permit, or terminating the permit
as allowed by the laws, rules, and regulations contained in Title 15A of the North
Carolina Administrative Code, Subchapter 21-1.1000; and North Carolina General
Statute 143-215.1 et. al.
5. The permit is not transferable to any person or entity except after notice to and
approval by the Director. The Director may require modification or revocation and
reissuance of the permit to change the name and incorporate such other
requirements as may be necessary. A formal permit request must be submitted
to the Division of Water Quality accompanied by the appropriate fee,
documentation from both 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.
6. The permittee is responsible for compliance with all permit conditions until such
time as the Division approves the permit transfer request. Transfers to third
parties by the permittee where the required documentation has not been
submitted to the Division does not relieve the permittee of responsibility for
transferring the permit.
7. 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. If
any of those permits result in revisions to the plans, a permit modification must
be submitted.
8. The permittee grants permission to DENR Staff to enter the property during
business hours for the purposes of inspecting the stormwater management
system and it's components.
9. The permittee shall notify the Division of Water Quality of any name, ownership
or mailing address changes within 30 days.
Permit issued t�hi the 16t" day of May, 2006.
N R'TH CAROLI A EN IRONMENTAL MANAGEMENT COMMISSION
�__,-- - -----------------------
for Alan W. Klimek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW8 060429
Page 5 of 5

OPFICG USE, ONLY
Date Received
Pee Paid
Permit Number
Li
12610co
© o1-�29l
rev' 5)1,14 oie
State of North Carolina
Department of Environmental and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
This form may he pholocopiedfior use as an original
1. GENERAL INFORMATION
Applicants name (specify the name of the corporation, individual, etc. who owns the project):
Gate City Waler Properties, LLC
2. Print Owner/Signing Official`s name and title (person legally responsible for I:acilily and compliance):
Robert A. Capps, III - McmberjrMa..d),-e j91
3. Mailing Addt'ess Im- person listed in Item 2 above:
P.O. Box 29089
City: •rccnc>>r
Telephone Number: ( 336 ) 272 9712
State: NC 'Lip: 27429
4. Project Name (subdivision, facility, or establishment name — should be consistent with project name on plans,
specifications, Idlers, operation and maintenance agreements, etc.):
Viucvard at Paecs Crcck
5. Location of Project (street address):
1647 R 1653 Canady Road, Wilmington, NC
City: Wilmington County: New Hanovcr
6. Directions to project (from nearest major intersection):
Turn on Middle Sound Loop Road from Markct Street. 'I urn on to Mason Landing Road then turn left
on Canady Road. Go about I mile and site is on the Iclt.
7. Latitude: 340 16` 24" N Longitude: 77' 46' 36" W of project.
8. Contact person who can answer questions about the project::
Name: _Maikllarrgrove PF
II. PERMIT INFORMATION:
Specify whether project is (check one): _X— New
Telephone Number: ( 910) 256 9277
Renewal Modification
1,01'111 SWU-101 Version 3.99 Page I of4

2. Willis application is being submitted as the result of a renewal or modification to an existing permit, list the
existing permit number and its issue date (if known) _
3. Spccily the type of project (check one):
X Low Density High Density Redevelop _ General Permit Other
4. Additional Project Requirements (check applicable blanks):
CAMA MaJor X Sedimentation/Erosion Control 404/401 Pcnnit NI'DES Stormmater
Intro malion on required state permits can be obtained by contacting the Customer Service Center at
1-877-623-6748
III. PROJECT INFORMATION
In the space provided below, summarize how slormwater will be treated. Also attach a detailed narrative
(one to two pages) describing slormwater management for the project.
Stormwatcr will be treated through grass swales and sheet Ilow to mcel requirements of NCDWQ.
2. Stornnvaler runofT from this project drains to the Cape Pear
3. Total Project Area: 3.48 acres.
4., Project Built Upon Area: 25 %.
5. How many drainage areas does the project have? I
River Basin.
6. Complete the following information fir each drainage area. If there are more than two drainage areas in the
project, attach and additional sheet with the information for each area provided in the same formal as below.
Basin Information
Drainage Area I
Drainage Area 2
Receiving Stream Name
Pages Creek
Receiving Stream Class
SA, I-IQW
Drainage Area
151,754 sf — 3.48 nc
Existing Impervious*Area
11
Proposed Impervious* Area
37,938 sf-0.87 ac
% Impervious* Arco Total
25%
Impervious* Surface Arca
Drainage Area I
Drainage Area 2
On -Site Buildings
37,404 sf
On -Site Streets
On -Site Parking
On -Site Sidewalks
Other On -Site cart path
534 sl'
Off -Site
Total: 37,938 sf
Total:
*Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas,
sidewalks, gravel areas, etc.
Form SWU-101 Version 3.99 Page 2 of

How Was the off=silc impervious area listed above derived?
IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS
The following italicized (iced restrictions and protective covenants are required to be recorded for all
subdivisions, out parcels, and future development prior to the sale of any lot. If lot sizes vary significantly, a
table listing each lot number, size, and the allowable built -upon area for each lot must be provided as an
attachment.
1. The following covenants are intendecl to ensure ongoing compliance with stale stornnvaler management
permit number cry i.vvueel by the Division of IVater• Quality. These covenants moy nol
be changed or cleletecl without the consent of the Slate.
2. No more than (See altached page) square feet of any lot shall be covered by structures or impervious
materials. Impervious materials include asphall, gravel, concrete, brick, stone, slate or similar malerial but
not inchrde wood decking or the water surface of swimming pools.
3. Sivales shall not be filled in, piped, or allered exc•epl as necessary to provide ch•ivevoy crossings.
d. Uuill-upon area in excess of the permillecl amount requires a stale stornnvater management permit
modification prior to consn•acliml.
5. All permitted runoff from the outparcels or fiture clevelopmet shall be directed into the permitted
slormawler cmrn•ol sIvvtem. These connections to the slor mwater control sysienh shall be per/brined in a
manner that maintains the integrity cud performance of the system as per•milled.
By your signature below, you certify that the recorded deed restrictions and protective covenants for this project
shall include all the applicable items required above, that the covenants will be binding on all parties and persons
claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted
without concurrence from the State, and that they will be recorded prior to the sale ofany lot.
V. SUPPLEMENT FORMS
The applicable stale stormwater management permit supplement form(s) listed below must be submitted for
each BMI' specified for this project. Contact the Stormwater and General Permits Unit at [phone] for
the status and availability of these forms.
I'orm SWU-102
Wet Detention Basin Supplement
Form SWU-103
Infiltration Basin Supplement
Form SWU-104
Low Density Supplement
Porn SWU-105
Curb Outlet System Supplement
Form SWU-106
Off Site System Supplement
Form SWU-107
Underground Infiltration Trrench Supplement
Form SWU-108
Neuse Itiver Basin Supplement
Form SWU-109
Innovative Best Management Practice Supplement
Form SWU-101 Version 3.99 Page 3 of

Vl. SUBMITTAL REQUIREMENTS
Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ). A
complete package includes all ofthe items listed below. The complete application package should be submitted to
the appropriate DWQ Regional Oflice.
Please indicate that you have provided the following required information by initialing in the space provided
next to each item.
Initials
• Original and one copy ol'the Stornnvaler Management Permit Application Form A04-
• One copy ol'Ihe applicable Supplement Form(s) for each BMP N
• Permit application processing fee of t=(payable to NCDENR) AU'0`60 M4
• Detailed narrative description of stormwater treatment/management /MN,i
• Two copies ol'plans and specifications, including: /NNFr
- Development/ Project uamc
- Engineer and f irm
- Legend
- North arrow
- Scale
- Revision number per dale
- Mean high water line
- Dimensioned properly/project boundary
- Location map with named streets or NCSR numbers
- Original contours, proposed contours, spot elevations, finished floor elevations
- Details of roads, drainage features, collection systems, and slormwatcr control measures
- Wetlands delineated, or a note on plans that none exist
- Existing drainage (including oft=site), drainage easements, pipe sizes, runoff calculations
- Drainage areas delineated
- Vegetated buffers (where required)
VIL AGENT AUTHORIZATION
If you wish to designate authority to another individual or firm so that they may provide information on your
behalf, please complete this section. ' / D -
Designated agent (individual or lirm): lA) FAfr S Cf /� r+y�I1 C �4 X/VC.
Mailing Address: -ioL-io 4✓r-.jkY-SJ;11e 4V-eAWe
City /N./M-NWiyes State:
Phone: (110) 2 S6- 9a»
Vill. APPLICANT'S CERTIFICATION
NL
An
zip: ereVo3
Fax: c9�e) ash—ascQy
I, (print or Ivpe name qj*pereon listed in General I frmalion, hem 2)
certify that the inlonnalion included on this permit application form is, to the best of my knowledge, correct and
that the project will be constructed in conformance with the approved plans, that the required deed restrictions and
protective coven , will be r o , and that the proposed project complies with the requirements of 15A
NCAC 21 LW60�Fi // /
Sigi1;ulre Date: o to
/ — by7z
Form SWU-101 Version 3.99 ( ')'Page4 of

VINEYARD AT PAGES CREEK
ALLOWABLE IMPERVIOUS AREA PER LOT
The maximum allowable built -upon area per lot is:
Lot 1 A - 4800
Lot 1 B — 4800
Lot 2A - 5100
Lot 2B — 5804
Lot 3A — 4800
Lot 3B — 4800
Lot 3C — 7300
Plus 534 sf is allocated for the cart path that is not on any of the lots. The
total amount of impervious area is 37,938 sf.
m

Permit No. � D(0 D419
(to he provided by DJVQ)
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
LOW DENSITY SUPPLEMENT
Thisfin-in may he pholocopierl /br use as an original
A low density project is one that meets the appropriate criteria for built upon area and transports stormwater
runoff primarily through vegetated conveyances. Low density projects should not have a discrete stormwater
collection system as defined by 15A NCAC 21-1 .1002(18). Low density requirements and density factors can
be found in 15A NCAC 21-1 .1005 through .1007.
L PROJECT INFORMATION
Project Name: Vineyard at Pares Creek
Contact Person: Marl: I largrove PF Phone Number: 910-256-9277
Number of Lots: 7 Allowable Built Upon Area Per Lot: see attached Gage
*If lot sizes are not uniform, attach a table indicating the number of lots, lot sizes and allowable built upon
area for each lot. The attachment must include the project name, phase, page numbers and provide area
subtotals and totals.
IL', BUILT UPON AREA
See the Stormwaler Management Permit Application for specific langnagc that must be recorded in the deed
restrictions for all subdivisions.
For uniform lot sizes, complete the following calculation in the space provided below where:
• SA Site Area - the total project area above Mean High Water. Wetlands may be excluded when the
development results in high density pockets.
• nF Density Factor - the appropriate percent built upon area divided by 100.
• RA Road Area - the total impervious surtirce occupied by roadways.
• OA Other Area - the total area of impervious surfaces such as clubhouses, tennis courts, sidewalks, etc.
• No. Lots - the total number of lots in the subdivision.
• BUA/Lot - the computed allowable built upon area for each lot including driveways and impervious surfaces
located between the front lot fine and the edge of pavement.
Form SWU-104 Rev 3.99 Page I of2

(SA x DP) - RA - OA = 13UA
No. Lots Lot
Calculation:
((151,754 sf x 0.25) — 534 sf) = 37,404 sf allowed for the seven lots.
See attached sheet
III. REQUIRED ITEMS CHECKLIST
Initial in the space provided to indicate that the following requirements have been met and supporting
documentation is provided as necessary. If the applicant has designated an agent on the Stormwater
Management Permit Application Form, the agent may initial below.
Applicants Initials
/S1Ni� a. A 30 foot vegetative buffer is provided adjacent to surface waters. projects in the
NCUSC River basin may require additional buffers.
/11N b. Deed restriction language as required on form SWU-101 shall be recorded as a
restrictive covenant. A copy of the recorded document shall be provided to
DWQ within 30 days of platting and prior to sale of any lots.
AI c. Built upon area calculations are provided for the overall project and all lots.
A'M d. Project conforms to low density requirements within the ORW AEC (if
applicable). 115A NCAC 21-1 .1007(2)(b)j
Form SWU-104 Rev 3.99 Page 2 of

VINEYARD AT PAGES CREEK
ALLOWABLE IMPERVIOUS AREA PER LOT
The maximum allowable built -upon area per lot is:
Lot 1 A - 4800
Lot 1 B — 4800
Lot 2A - 5100
Lot 2B — 5804
Lot 3A — 4800
Lot 3B — 4800
Lot 3C — 7300
Plus 534 sf is allocated for the cart path that is not on any of the lots. The
total amount of impervious area is 37,938 sf.

Vineyard at Pages Creek
Subject: Vineyard at Pages Creek
From: "Mark Hargrove" <[e-mail]>
Date: Tue, 16 May 2006 11:44:35 -0400
To: "Robert Gordon (E-mail)" <[e-mail]>
See attached file for revised deed restrictions.
MARK N. HARGROVE, P.E.
WITHERS & RAVENEL
7040VAlghtsWlle Avenue, Suite to, I Wilmingmn, N.(. 28403
W IL 9to.756 9277, (ea: 910 256.2584
Content -Description: stormwater4.doc j
stormwater4.doc Content -Type: application/msword
Content -Encoding: base64
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I of 1 5/16/2006 1:09 PM

UNITED STATE CLEAN WATER ACT REGULATIONAS AND
STORM WATER PERMIT/FACILITIES
SECTION 1.
1. The United States Clean Water Act imposes the following covenants and
restrictions on all lots and conservation areas of the Willows.
The areas shown on the recorded plat as conservation areas shall be
maintained in perpetuity in their natural or mitigated condition. No person or
entity shall perform any of the following activities on such conservation area:
1. Fill, grade, excavate or perform any other land disturbing activities
2. Cut, mow, burn, remove or harm any vegetation
3. Construct or place any roads, trails walkways, buildings, mobile
homes, signs utility poles or towers or any other permanent or
temporary structures.
4. Drain or otherwise disrupt or alter the hydrology or drainage ways
of the conservation area
5. Dump or store soil, trash or other waste
6. Graze or water animals or use for any agricultural or horticultural
purposes
This covenant is intended to ensure continued compliance with the
mitigation condition of a Clean Water Act authorization issued by the United
State of America, US Army Corps of Engineers, Wilmington District, Action ID
and therefore may be enforced by the United States of America. This covenant
is to run with the land and shall be binding on the Owner and all parties claiming
under it.
The covenant set forth above in Section A cannot be amended without the
express written consent of the United States Army Corps of Engineers,
Wilmington District.
In accordance with Title 15 MCAC2H.1000, the Coastal Stormwater
Management Regulations, deed restrictions and protective covenants are
required for certain developments where lots will be subdivided and sold. Deed
restrictions and protective covenants are necessary to ensure that the
development maintains and built -upon surface area consistent with the
applicable regulation limiting built -upon area. The following deed restrictions and
covenants must be recorded prior to issuing the Stormwater Management
Permit:
SECTION 2. Storm water Permit. The Association and each of its
Members agree that at anytime after (i) all work required under the Storm water
Permit has been completed (other than operation and maintenance activities),
1 1 MAY 16 2006

and (ii) the Developer is not prohibited under DENR regulations from transferring
the Storm water Permit for the Planned Community to the Association, the
Association=s officers without any vote or approval of Lot Owners, and within 10
days after being requested to do so, will sign all documents required by DENR
for the Storm water Permit to be transferred to the Association; provided,
however, that at the time the Developer requests that the Association accept
transfer of the Storm water Permit, the Developer has delivered to the
Association a certificate from an engineer licensed in the State of North Carolina,
dated no more than 45 days before the date of the request, that all storm water
retention ponds, swales and related facilities are constructed in accordance with
the plans and specifications therefore. If the Association fails to sign the
documents required by this paragraph, the Developer shall be entitled to specific
performance in the courts of North Carolina requiring that the appropriate
Association officers sign all documents necessary for the Storm water Permit to
be transferred to the Association. Failure of the officers to sign as provided
herein shall not relieve the Association of its obligations to operate and maintain
the storm water facilities covered by the Storm water Permit.
SECTION 3. Storm water Facilities O & M. N/A
SECTION 4. Damage to Storm Water Facilities. The Declarant shall at its
sole cost and expense be responsible for repairing any damage to storm water
facilities which Declarant determines is caused by the Developer=s development
activities. The Developer shall not be responsible for damages to storm water
retention ponds and related facilities caused by any other cause whatsoever,
including but not limited to construction of residences or other activities by
Owners, their agents and contractors, upon their Lots, acts of God, and the
negligence of others. Lot Owners shall be responsible for damages to such
storm water facilities caused by construction of buildings or other activities upon
the Owner=s Lot. Each Owner, shall within 30 days after receipt of notice of
damage to storm water facilities, repair the damage at the Owner=s sole cost and
expense to return them to the state required by the storm water plans and
specifications for the Planned Community. If the Lot Owner fails to do so within
said 30-day period, the Association shall perform the work and the cost of the
work shall be added to the Annual Assessment due from the Lot Owner.
SECTION 5. Enforcement Of Storm Water Runoff Regulations.
A. The following covenants are intended to ensure ongoing compliance
with State Storm water Management Permit Number SW8 060429
as issued by the Division of Water Quality under NCAC 21-1.1000.
B. The State of North Carolina is made a beneficiary of these covenants
to the extent necessary to maintain compliance with the storm water
management permit.
`a

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 storm water 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 plan may not
take place without the concurrence of the Division of Water Quality.
F. The maximum allowable built -upon area per lot is:
Lot 1 A - 4800
Lot 1 B — 4800
Lot 2A - 5100
Lot 2B — 5804
Lot 3A — 4800
Lot 3B — 4800
Lot 3C — 7300
G. This allotted amount includes any built -upon area constructed
within the lot property boundaries including the roadway. Built upon
area includes, but is not limited to, structures, asphalt, concrete,
gravel, brick, stone, slate, and coquina, but does not include raised,
open wood decking, or the water surface of swimming pools.
H. Built -upon area CANNOT BE IN excess of the permitted amount.
I. Each lot will maintain a 30' wide vegetated buffer between all
impervious areas and surface waters.
J. All roof drains shall terminate at least 30' from the mean high water
mark of surface waters.
3

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WOTHERS & RAVENEL
ENSINEERS I PLANNERS I SURVEYORS
May 10, 2006
Rob Gordon
NCDENR
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Re: Vineyard at Pages Creek
Stormwater Application #SW8 060429; Request for Additional Information
Mr. Gordon:
We have received your request for additional information, dated May 4, 2006. The
following notes outline our responses to your requests and address how the requests have
been addressed, and identify the changes to the plan:
Please clarify the appropriate applicant name. The most recent documents filed
with the NC Secretary of States office list the company name as Gate City Water
Properties, LLC but the registered name is GC Properties, LLC.
Response: The correct name is Gate City Water Properties, LLC. This
has been corrected on the first page of the application. Two copies are
enclosed.
2. The ladlong listed on the application appears to be incorrect..
Response: The latitude has been corrected.
3. Please /able MHW on the drawings. No portion of the stormwater project area
can be outside mean high water.
Response: The MHW is elevation 2.7. All work is for the subdivision
portion of the project is above this elevation.
4. Please clarify if there are any wetlands on the property.
Response: The wetlands are the marsh in Pages Creek. There are not
wetlands on the property.
7040 Wrightsville Avenue, Suite tot Wilmington, North Carolina 20403 tel: 9to-256-9277 fax:
www.wi thersraven el xom
MAY 10 Z006

WITHERS & RAVENED_
ENGINEERS IPLANNERS ISURVEYORS
5. Please address the following issues with the deed restrictions.
a. Section 5 (G) is listed twice
Response: This has been corrected.
b. Section 5 (K) is not applicable because this project is not a commercial
subdivision. Each lot is not required to obtain a separate SW permit.
Response: Section 5 (K) has been deleted.
c. The second paragraph of (the Is`) Section 5 (G) is a duplicate of the first
paragraph.
Response: The second paragraph of Section 5 (G) has been deleted.
d. This project is unconventional in that the lot allocation includes the roads.
The lot owner likely will not realize the roadway is included in his/her lot
allocation. Please modify the Section 5 (G) language to emphasize this. One
suggestion is to change the second half of the first sentence (after the comma)
to "including the roadway ".
Response: The wording has been revised to include the "roadway" in the
first sentence.
One copy of the revised deed restrictions is enclosed. Two copies of sheet 5.0 are
provided to you noting that there are no wetlands on site and that the mean high water
elevation is 2.7 ft.
If you have any questions or require additional information please feel free to give me a
call.
Sincerely,
WITHERS &RAVEN EL, INC.
Mark N. Hargrove, P.E.
cc: Al Capps
logo Wrightsville Avenue, Suite tol Wilmington, North Carolina 28403 tel: [phone] fax: gio-256-2584
v .withersravenel.com

P. 1
FILE MODE
---------------
464 MEMORY TX
* * * COMMUNICATION RESULT REPORT ( MAY. 4.2006
OPTION
FOR ERROR
E-1) HANG UP OR LINE FAIL
E-3) 110 ANSWER
ADDRESS (GROUP)
---------------
9-2562584
1:45PM ) * * *
TTI NCDENR WIRO
RESULT PAGE
--------------------------
OK P. 3/3
E-2) BUSY
E-4) NO FACSIMILE CONNECTION
FAX COVER SHEET
Date: May 4, 2006 No, of Pages: 3
To: Mark Hargrove, PE From; Robert Gordon !2i"
Express permitting section
Company: Withers & Ravenel FAX # [phone]
FAX #: [phone] Phone # [phone]
DWQ Stormwater Project Number: SW8 060429
Project Name: Vineyard at Pages Creek
MESSAGE:
Attached is the request for additional information for the Vineyard at Pages
Creek. The original will be mailed to the applicant and a copy will also be mailed
to you. Please call if you have any questions. Thanks!

FAX COVER SHEET
Date: May 4, 2006 No. of Pages: 3
To: Mark Hargrove, PE From: Robert Gordon /
Express permitting section
Company: Withers & Ravenel FAX # [phone]
FAX #: [phone] Phone # [phone]
DWQ Stormwater Project Number: SW8 060429
Project Name: Vineyard at Pages Creek
MESSAGE:
Attached is the request for additional information for the Vineyard at Pages
Creek. The original will be mailed to the applicant and a copy will also be mailed
to you. Please call if you have any questions. Thanks!

\o11 F w AT �'r
r
J�
May 4, 2006
Mr. Robert A. Capps, III, Member/Manager
GCW Properties, LLC
PO Box 29089
Greensboro, NC 27429
Subject: Request for Additional Information
Stormwater Project No. SWS 060429
Vineyard at Pages Creek
New Hanover County
Dear Mr. Capps:
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
The Wilmington Regional Office received a Stormwater Management Permit Application for
Vineyard at Pages Creek on April 26, 2006. 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 clarify the appropriate applicantname. The Most recent documents filed with
the NC Secretary of State's office list thee company name as Gate City Water Properties,
LLC, but the registered name is G W�Properties, LLC.
2. The lat/long listed on the applii it' h appears to be incorrect.
3. Please label MHW on the clar wings. No portion of the stormwater project area can be
outside mean high wate .
4. Please clarify if there area wetlands on the property.
5. Please address the following issues with the deed restrictions.
a. Section 5 ( is listed twice.
b. Section 5 (K) is not applicabl b ause this project is not a commercial subdivision.
Each lot is not required to ob In a separate SW permit.
C. The second paragraph of (the 1S ySection 5 (G) is a duplicate of the first paragraph.
d. This project is unconventional ifii that the lot allocation includes the roads. The lot
owner likely will not realize e oadway is included in his/her lot allocation. Please
modify the Section 5 (G) tang �qe to emphasize this. One suggestion is to change
the second half of the first sentence (after the comma) to "including the roadway".
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 15, 2006, 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 need additional time to submit the information, please mail or fax your request for a time
extension to the Division at the address and fax number at the bottom of this letter. The
request must indicate the date by which you expect to submit the required information. 0
NehCarolina
rl aturally
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Service 1-877-623-6748
Wilmington Regional Office Wilmington, NC 28405 Fax [phone] Internet: uww.nctvatciquality.org
An Equal OppodunitylAffrmative Action Employer — 50% Recycled110% Post Consumer Paper

Vineyard at Pages Creek
May 4, 2006
Stormwater Permit # SW8 060429
The construction of any impervious surfaces, other than a construction entrance under an
approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject
to enforcement action pursuant to NCGS 143-215.6A.
Please reference the State assigned project number on all correspondence. Any original
documents that need to be revised have been sent to the engineer or agent. All original
documents must be returned or new originals must be provided. Copies are not acceptable. If
you have any questions concerning this matter please feel free to call me at [phone].
Sincerely,
V2,0'1� �-----
Robert D. Gordon
Environmental Engineer II
ENB/RDG: S:\WQS\STORMWATER\ADDINFO\2006\060429.may06
cc: Mark Hargrove, PE, Withers & Ravenel
Robert D. Gordon

WOTHERS & RAVENEL
EN13INEERS 1 PLANNERS I SURVEYORS
7040 Wrightsville Avenue, Suite ioi
WILMINGTON, NORTH CAROLINA, 28403
[phone]
FAX [phone]
TO: Robert Gordon
NC Division of Water Quality
127 Cardinal Drive Ext.
Wilmington, NC 284o5
WE ARE SENDING YOU
❑ Shop Drawings
❑ Copy of Letter
® Attached
❑ Prints
❑ Change order
LFTER O TDAU V SM77AL
DATE O /2 /06
I08NO. O 0 0 10.00
1
ATIENnON Robert Gordon
PHONE#
RE Vineyard at Pages Creek
❑ under separate cover via
® Plans ❑ Samples
❑ Diskette ❑ _
the following items:
❑ Specifications
COPIES
DATE
NO.
DESCRIPTION
2
Sets of plans
2
One original and one copy of permit application, also includes
Low Density Supplement
2
Copies of stormwater narrative
1
Copy of draft deed restrictions
1
Copy of LLC incorporation papers
1
Check for $2,000 for Express Low Density Permit
THESE ARE TRANSMITTED as checked below:
® For approval ❑ Approved as submitted
❑ For your use ❑ Approved as noted
❑ As requested ❑ Returned for corrections
❑ For review and comment ❑
❑ FOR BIDS DUE ❑ PRINTS RETURNED AFTER LOAN
REMARKS:
copyro: Fle, AI Capps
��urd
® Resubmit
2 copies for approval
[-]Submit
_copies for distribution
❑ Return
corrected prints
APR 2 6 2006
/!enclosures am not as noted, kindly notify us at once.

Re: Express Permit for Vineyard at Pages Creek
Subject: Re: Express Permit for Vineyard at Pages Creek
From: Robert Gordon <[e-mail]>
Date: Mon, 24 Apr 2006 10:59:11 -0400
To: Mark Hargrove <[e-mail]>
I guess it's not good that everyone assumes we are behind!!! But, unfortunately,
yes we are still behind; and yes you may submit Wednesday. No problem.
l
Mark Hargrove wrote:
We are supposed to submit to you tomorrow morning..... are you on schedule with
your projects .... is there anyway we submit on Wednesday?
Let me know.
Thanks
Mark Hargrove, P.E. Withers & Ravenel Inc. 7040 Wrightsville Ave, Suite 101.
Wilmington, North Carolina 28403 tel: [phone] fax: [phone]
http://www.withersravenel.com <http://www.withersravenel.com/>
of 1 5/16/2006 1:08 PM

STORMWATER NARRATIVE
VINEAYARD AT PAGES CREEK
WILMINGTON, NC
SITE DESCRIPTION
The + 3.5 acre site is located off of Canady Road in the Middle Sound Loop Road Area at
Pages Creek. This project is a 7-lot low density subdivision with a private drive serving the
seven lots. The impervious area for the private drive is included in the allowable
impervious area for each of the lots. An existing boat basin will be modified to allow a
boat slip per lot.
SOILS
The soils at the Vineyard at Pages Creek are primarily Lakeland Sands with some Leon soils
located at the front of the site adjacent to the Canandy Road. Lakeland Sands are Class A
soils and Leon are Class B soils.
STORM DRAINAGE DESIGN
"File primary slorrnwater measures for meeting NCDWQ's requirements is sheet flow
through grassed areas. However, dry detention and infiltration systems are shown to meet
New Hanover County'S stormwater requirements. The Cunty'S requirements are that
post development flow for the 2 yr, 10 yr, and 25 yr events must be less than or equal to
the pre development flow rates.
rBY
EC4VFD
APR 2 22006: -

iLA
NCDENR�
North Carolina Department of Environment and Natural Resources
127 Cardinal Drive, Wilmington INC 28405 [phone] FAX [phone]
Request for Express Permit Review gG J tC
FILL-IN all information below and CHECK required Permit(s).
FAX or email to Cameron. Weaveno)ncmail.net along with a narrative and vicinity map of the project location.
Projects must be submitted by 9:00 A.M. of the review date, unless prior arrangements are made.
APPLICANT Name Al Capps
Company _
Address Greensboro, NC Zip 27429 County Guilford
Phone [phone] Fax [phone] Email
PROJECT Name Vineyard at Pages Creek
PROJECT SYSTEM(S) TRIBUTARY TO Pages Creek (STREAM NAME) Cape Fear _RIVER BASIN
ENGINEER/CONSULTANT
Company Withers & Ravenel Inc — Mark Hargrove
Address 7040 Wrightsville Avenue City/State Wilmington NC Zip 28403 County New Hanover
Phone [phone] Fax [phone] Email mhargrove(@withersravenel.com
State or National Environmental Policy Act (SEPA, NEPA) — EA or EIS Required ❑ Yes ❑ No
❑ STREAM ORIGIN Determination; _# of stream calls; Stream Name
® STORMWATER ® Low Density ❑ High Density -Detention Pond ❑ High Density -Other
Wetlands MUST be addressed below ❑ Low Density -Curb & Gutter ❑ High Density -Infiltration ❑ Off Site
❑ COASTAL
MANAGEMENT
❑ LAND QUALITY
❑ Excavation & Fill ❑ Bridges & Culverts
❑ Upland Development ❑ Marina Development
❑ Erosion and Sedimentation Control Plan with
❑ Structures Information
❑ Urban Waterfront
acres to be disturbed.
WETLANDS (401) Wetlands on Property ❑ Yes ❑ No Isolated Wetlands on Property ❑ yes ® No
Check all that apply Wetlands Will Be Impacted ❑ Yes ® No Wetland Impacts: _ Acre(s)
Wetlands Delineation has been completed ❑ Yes ® No ❑ Buffers Impacted: Acre(s)
USACOE Approval of Delineation completed E P Yes ❑ No
404 Application in process w/USACOE ❑Yes ❑No I Permit received from USACE ❑Yes ❑No
401 Application required ❑Yes ❑ No If Yes, ❑ Regular ❑ Express
Additional fees, not to exceed 50% of the original Express Review permit application fee, may be charged for
subsequent reviews due to the insufficiency of the permit applications.
For DENR use only
SUBMITTAL DATES: Fee Split for multiple permits:
SW _
CAMA
LOS
Total Fee Amount $

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VICINITY MAP
(N. T. S.)
NARRATIVE
THE 3.45 ACRE SITE IS LOCATED IN HARNETT TOWNSHIP, NEW HANOVER
COUNTY. THE OWNER WISHES TO DEVELOP THE SITE INTO 7 LOTS.
THE PRIMARY STORM WATER MEASURES WILL INCLUDE ROAD SIDE SWALES
THAT CONVEY INTO INFILTRATION BASINS THAT WILL BE REQUIRED TO MEET
NEW HANOVER'S STORMWATER REQUIREMENTS.
VINEYARD AT PAGES CREEK
REQUEST FOR PRE -APPLICATION
MEETING FOR EXPRESS PERMIT REVIEW
MARCH 22, 2006

LIMITED LIABILITY COMPANY
ANNUAL REPORT
NAME OF LIMITED LIABILITY COMPANY:
SOSID: 0638685
Date Filed: 6/2/2005 1:33:00 PM
Elaine F. Marshall
North Carolina Secretary of State
C200511700452
. Gate City Water Properties, LLC
STATE OF INCORPORATION: NC
SECRETARY OF STATE I.I.C. ID NUMBER: 0638685 FEDERAL EMPLOYER ID NUMBER: 562283291
NATURE OF BUSINESS:
Rental Real Estate
REGISTERED AGENT:
REGISTERED OFFICE MAILING ADDRESS:
REGISTERED OFFICE STREET ADDRESS:
SIGNATURE OF THE NEW REGISTERED AGENT:
SIGNATURE DDNSIITUTES CONSENT TO THE APPOINTMENT
PRINCIPAL OFFICE TELEPHONE NUMBER:
PRINCIPAL OFFICE MAILING ADDRESS: APR Zb
20
COMMTOM M%40N
PRINCIPAL OFFICE STREET ADDRESS IMSEUVAWOFSTAM
MANAGERSAAEMBERSIORGANIZERS:
ml /iG 1+4-Gppsa L AtamjoAn L. Loma-L Hama
TRIO: Arh�Tbm.PaV41-L` Tkw
5'j08 'fie.erAmgv%j tar AdmBsa•-Po Box 9510 AddMt:
a .. C1JJAMSbo010 C'm^Grun5bwn atr•
State. -we, zP: »455 States AFt, zP: a7455 State: za•
CFJ6M1 ON OF PORT MUST BE OOMRZTED BY ALL LIMMED LIABILTT
LL FORMIAISTRE TT
A MANAOERIMEMBER
Robert A Canes III
TYPE OR PRINT NAME
ANNUAL REPORT FEE: $20D.00 MAIL TO: SWGIUY at Sete a Cotgaretbns option a PaM Oft Box 29625 OR", NO 27628-0625
N 1
0141M
IIIIYiIII III IIIIIIIII I II I �I__.Ilillll�il ICI I��

SOSID: 638685
Date Filed: 711712002 7:58 AM
22 V9 6 5057 C Elaine F. Marshall
LIMITED LIABILITY COMPANY North Carolina Secretary of State
ARTICLES OF ORGANIZATION
Pursuant to §57C-2-20 of the General Statutes of North Carolina, the undersigned do hereby submit
these Articles of Organization for the purpose of forming a limited liability company.
The name of the limited liability company is GCW PROPERTIES, L.L.C.
2. The name and address of each organizer executing these articles of organization is as follows:
Robert Alton Capps, III
5908 Tamannary Drive
Greensboro, NC 27455
3. The street address and county of the initial registered office of the limited liability company is:
Number and Street: 5908'ramannary Drive
City, Slate, Zip Code: Greensboro, INC 27455
County: Guilford
4. The mailing address if different front the street address of the initial registered office is:
"Same."
5. The name of the initial registered agent is: Robert Alton Capps, III
6. Check one of the following:
_X_(i) Member -managed LLC: all of the 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.07C-3-20(a), the members of this
limited liability company shall not be managers by virtue of their status as members.
7.Any other provisions which the limited liability company elects to include are attached.
8.'I'hcse articles will be effective upon filing.
This the 1 Ith day of July, 2002.
XobertCapps, 111, gau'zer