SW8951210_HISTORICAL FILE_19980126

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW8 a S 12 10
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
WHISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
lggg OI 26
YYYYMMDD

`State of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Division of Water Quality
Mr. S. Keith Cooper
Landfall Associates
PO Box 5368 Hanover Center Station
Wilmington, NC 28403
Dear Mr. Cooper:
NCDENK
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
January 26, 1998
Subject: Permit No. SW8 951210
Landfall -Upper Pond @Horseshoe Lake
High Density Subdivision Stormwater Project
New Hanover County
The Wilmington Regional Office received the modification to the Stormwater Management Permit Application for Landfall -
Upper Pond @Horseshoe Lake on August 15, 1997, with final information on January 26, 1998. 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 PermitNo. SW8 951210, dated January 26, 1998, for the construction of the modification
to the project, Landfall -Upper Pond @Horseshoe Lake.
This permit shall be effective from the date of issuance until January 23, 2008, 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.
Ifany parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory
(tearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a
written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative
Hearings, P.O. Drawer 27447, Raleigh, NC 2761 I-7447. Unless such demands are made this permit shall be final and binding.
If you have any questions, or need additional information concerning this matter, please contact Linda Lewis, or me at (910)
395-3900.
Sincerely,
Rick Shiver, P.G.
Acting Regional Water Quality Supervisor
RSS/arl: S:\WQS\STORMWAT\PERMIT\951210.JAN
cc: Amos Clark
Tony Roberts, New Hanover County Inspections
Beth Easley, New Hanover County Engineering
Linda Lewis
Wilmington -Regional -Office
Central Files
127 North Cardinal Dr., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

State Stormwater Management Systems
Permit No SW8951210
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
Landfall Associates
Landfall -Upper Pond @Horseshoe Lake
New Hanover County
FOR THE
construction, operation and maintenance of a detention pond 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.
This permit shall be effective from the date of issuance until January 23, 2008 and shall be subject to the
following specified conditions and limitations:
I. DESIGN STANDARDS
1. This permit is effective only with respect to the nature and volume of stormwater described in the
application and other supporting data.
2. This stormwater system has been approved for the management of stormwater runoff as described on page
3 of this permit, the Project Data Sheet. The maximum built -upon area (BUA) for the subdivision is
permitted as follows: Blocks 29, 36 and 37 @35%, (60 lots); future residential at 50% (1,704,797 ft2);
Drayton Point-36 lots @5,000 ft2; Block 45-12 lots @50%; Tract B of the former multi -family tract
@85% (295,467 ft2); Horseshoe Island lots 1-7 (96,962 ft2); and Block 46, lots 8-11 @35% (65,000 ft2).
3. Approved plans and specifications for this project are incorporated by reference and are: enforceable parts
of the permit.

State Stormwater Management Systems
Permit No. SW8 951210
DIVISION OF WATER QUALITY
PROJECT DATA SHEET
Project Name:
Permit Number:
Location:
Applicant:
Mailing Address
Application Date:
Water Body Receiving Stormwater Runoff:
Classification of Water Body:
Pond Depth, feet:
Permanent Pool Elevation, FMSL:
Total Impervious Surfaces, ftz:
Blocks 29, 36 and 37 @35 %, (60 lots);
Future residential at 50%:
Drayton Point (36 lots @5,000 ftz):
Block 45 (12 lots @50%):
Tract B of the former MFtract @85 %:
Horseshoe Island, lots 1-7 @35 %
Block46, lots 8-11 @35%
Roads/Parking,
Required Surface Area, ft2:
Provided Surface Area, ftz:
Required Storage Volume, ft3:
Provided Storage Volume, ft3:
Temporary Storage Elevation, FMSL
Controlling Orifice:
Landfall -Upper Pond @Horseshoe Lake
951210
New Hanover County
Mr. S. Keith Cooper
Landfall Associates
PO Box 5368 Hanover Center Station
Wilmington, NC 28403
August 15, 1997
Horseshoe Lake
"C"
5
0
3,512,220
490,338
1,704,197
229,997
251,123
295,467
96,962
65,000
378,536
254,217
454,766
308,712
510,648
6
7-4 pipes pipe
(See SW8 970610)
(See SW8 970633)
i1

State Stormwater Management Systems
Permit No. S W 8 951210
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 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.
The following items will require a modification to the permit:
a. Any revision to the approved plans, regardless of size.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area.
e. Further subdivision of the project area.
f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan.
In addition, the Director may determine that other revisions to the project should require a modification
to the permit.
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.
8. The August 23, 1996 approved pond plans remain in effect. By this modification, specific plans for the
revised development of Block 45 are permitted.
II. SCHEDULE OF COMPLIANCE
The permittee will comply with the following schedule for construction and maintenance of the stormwater
management system:
a. The stormwater management system shall be constructed in it's entirety, vegetated and operational
for it's intended use prior to the construction of any built -upon surface except roads.
b. During construction, erosion shall be kept to a minimum and any eroded areas of the system will
be repaired immediately.
2. The permittee grants permission to DENR Staff to enter the property for the purposes of inspecting the
project for compliance with the conditions of this permit.

State Stormwater Management Systems
Permit No. SW8 951210
3. 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.
4. The permittee shall at all times provide the operation and maintenance necessary to assure the permitted
stormwater system functions at optimum efficiency. The approved Operation and Maintenance Plan must
be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited
to:
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
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 outlet structure, orifice device and catch basins and piping.
g. Access to the outlet structure must be available at all times.
5. Records of maintenance activities must be kept and made available upon request to authorized personnel
of DWQ. The records will indicate the date, activity, name of person performing the work and what
actions were taken.
6. Prior to the sale of any lot, deed restrictions must be recorded which limit the built -upon area per lot to
a maximum amount, per Section I, Part 2. The recorded statements must follow the form:
a. "The maximum built -upon area per lot is _*_ square feet, inclusive of that portion of the
right-of-way between the lot line and the edge of pavement, structures, pavement, walkways of
brick, stone, or slate, but not including open wood decking."
b. "The covenants pertaining to stormwater regulations may not be changed or deleted without
concurrence of the State."
C. "Alteration of the drainage as shown on the approved plan may not take place without the
concurrence of the State."
d. "Lots within CAMA's Area of Environmental Concern may be subject to a reduction in their
allowable built -upon area due to CAMA regulations."
e. "Roof drain gutters are required on all homes and must drain into the street."
f. "Two-thirds of the lot must be graded toward the street."
g. "Perimeter swales and ditches must pick up the runoff and direct it into the pond."
* Since the BUA limits vary depending on the lot area and section, Landfall Associates is responsible for
determining the required limit to be placed in this blank, according to the permit limitations.
5

State Stormwater Management Systems
Permit No. S W 8 9512) 0
7. 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.
8. A copy of the recorded deed restrictions must be submitted to the Division within 30 days of the date of
recording the plat. The recorded copy must be signed by the Permittee, dated, stamped with the deed book
number and page, and bear the stamp/signature of the Register of Deeds.
9. 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.
III. GENERAL CONDITIONS
1. This permit is not transferable. In the event there is a desire for the facilities to change ownership, or
there is a name change of the Permittee, a "Name/Ownership Change Form" must be submitted to the
Division of Water Quality accompanied by appropriate documentation from the parties involved, such as
a copy of the deed of trust. Other supporting materials, such as a signed Operation and Maintenance plan
in the case of engineered systems, will also be required. 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. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to
enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute
143-215.6A to 143-215.6C.
3. The issuance of this permit does not preclude the Permittee from complying with any and all statutes,
rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and
federal) which have jurisdiction.
4. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions,
the Permittee shall take immediate corrective action, including those as may be required by this Division,
such as the construction of additional or replacement stormwater management systems.
5. The 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.
6. Permittee grants permission to staff of the DWQ to access the property for the purposes of inspecting the
stormwater facilities during normal business hours.
Permit issued this the 26th day of January, 1998.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
l-), \' L Ll- S 1- t' c
=C; ti A. Preston Howard, Jr., P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW8 951210
51

State Stormwater Management Systems
Permit No. SW8 951210
Landfall -Upper Pond @Horseshoe Lake
Stormwater Permit No. SW8 951210
New Hanover County
Engineer's Certification
I, , as a duly registered Professional Engineer in the State of
North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the 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.
Noted deviations from approved plans and specifications:
SEAL
Signature
Registration Number
Date

Ile
l li n•-23-9H 05:03P Landfall Assoc iatos
910-256.-7660 P_01
'tal� faa
LANDFALL ASSOCIATES
FAX TRANSMITTAL
TELECOMMUU/NICATION IN
NFFORMATION IPAOE
DATE '71 %%-145
Please deliver the following page(s) to:
Name' L%L,6I - Lewd -
Company: ArINC�A 4 090
This material is from: 9 1• RAC
r
Comments:
jp/.Qr.
Total number of pages including this one: ?
IF YOU 00 NOT RECEIVE ALL THE MATERIAL. PLEASE CALL
[phone]-
ACCOUNTING OFFICE
[phone]
FAX NUMBER
[phone]
L1NWALL ASSOCIATES • P.O. WIT 5368. NANOVFR CFNTER STATION • WILMINL:ION, NORT II CAROLINA 7Bat0 • 919,156fi111

I
.imn,723-98 05e03P Landfall Associates PIO-296-7650 P.02
January 23, 1998
Ms. Linda Lewis
Environmental Engineer
Department of Environment and Natural RenourCe6
Wilmington Regional Office
127 North Cardinal Drive
Wilmington, NC 28405
Re: stormwater. Project No. SW8 951210
Modification
Upper Pond 0 Horseshoe Lake
Dear.. Ms_ Lewis:
This letter is in response to your request for additional
information dated today.
1. The four lots on the extension of Harborway Place were
approved as lots 41R, 42R, 70 and 71, block 4 under the
Upper Horseshoe Lake stormwater certification. The four
lots drain to Upper Lake and were allocated 35W impervious
surfaces. The lot numbers were changed to lots 8, 9, 10 and
11, block 46 so that the four lots would be part of the same
covenants and restrictions as lots 1-7 on Horseshoe Island.
There were no physical changes to the lots.
2. We are preparing an updated overall site plan and will
provide you a copy of that information. I apologize for and
understand the confusion this submittal has caused.
Pleaoe let me know if you have any other questions
concerning this matter.
Sincerely,
S. &eoC
$ . Keith Ceope
Director of Land Development
enclosure
IANVFALL AI.WC1ATE5 • P.O. BOX 5368, HANOVER CENTER STATION 0 VALMINGTON, NORTH CAROLINA 28403 • 919-2566111

State of North Carolina
Department of Environment and Natural Resources
Wilmington Regional Office
James B. Hunt, Governor
FAX COVER SHEET
Date: 1 -23-g8
To: Qt
CO: L
FAX #: 25(v — -7&(50
REMARKS: Perini+ fi)1"44)C0VhI
-?.*I SWere-& I'm iL
Wayne McDevitt, Secretary
No. Of Pages: 3
From:.L-lI2 P,t,Ui S
CO:
FAX#: [phone]
25 Scxvl 2S -th 1`5 t.
Mtn .
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 Telephone [phone] Fax [phone]
An Equal Opportunity Afflrmative Action Employer

, Jpn,_,23-96 OSe03P Landfall As aociatos 910-256-7650 P-03
(VISION OF WATER QUALITY
PROJECT DATA SHEET
Mailing Address:
Application Date;
Water Body Receiving Stormwater Runoff:
Classification of Water Body:
Pond Depth:
Permanent Pool Elevation:
Stala Stormwater Maaagemcat Syetettre
Permit No. Sw8 951210
Upper Pond at Horseshoe Lake
951210
New Hanover County
Mr. S. Keith Cooper, Agent
Landfall Associates
Post Office Box 5368
Wilmington, North Carolina 29403
December 8, 1995
Horseshoe Lake
11sc.
5 feet
5 MSL
Total Impervious Surfaces Allowed: 4,003,164 Square feet
Lots 40R and 43R @50%; Lots 41R, 42R, 70, and 71035
Multifamily Area 085 %
Future single family lots 035%
Roads 0353,707 square feet
Offsite Area entering Pond: N/A square feet
Green Area entering Pond: 6,692,559 square foot
Required Surface Area: 292,973 square feet
Provided Surface Area: 476,118 square feet
Required Storage Volume: 344,803 cubic fret(518,299 cf for 1.5")
Provided Storage Volume: 521,324 cubic feet
Temporary Storage Elevation: 6 MSL
Controlling Orifice: 7 x 4" pipe
3

James B. daunt,
State of North Carolina
Department of Environment and Natural Resources
Wilmington Regional Office
mnr: Wayne McDevitt, Secretary
FAX COVER SHEET
�
Date: G3—�S' 'No. Of Pages:
Date:
From: Lo 2 0 .t d
CO:. CO:
FA?C #:,5' --7C SC> FAX#: [phone]
REM RKs:
Per� � '�h
e r' Co lm i%1 25 S000/7 2S 4A i-s �S
i
127 Cardinal Drive EztenvionEqual .u n ton, N' 2840"vtive Action Employe 95.3900 FAX (910) �50.2004
n Op
ty Affir

State of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Division of Water Quality
January 23, 1998
Mr. Keith Cooper, P.E.
Landfall Associates
PO Box 5368 Hanover Center Station
Wilmington, NC 28403
Subject:
Dear Mr. Cooper:
NCDENR
NORTH CAROONA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
ACKNOWLEDGEMENT OF RECEIPT AND
REQUEST FOR ADDITIONAL INFORMATION
Stormwater Project No. SW8 951210 Modification
Upper Pond @Horseshoe Lake
New Hanover County
The Wilmington Regional Office received a modification to the Stormwater Management Permit
Application for the Upper Pond @Horseshoe Lake on November 24, 1997. A preliminary review of that
information has determined that the application is not complete. The following information is needed to
continue the stormwater review:
In getting the files together for permitting, I found one inconsistency which I hope you can
clear up. The information you provided at our November 24 meeting has a drawing for the
4 lots at the extension of Harborway Place, labelled as Block 46. Block 46 is already known
as Horseshoe Island Subdivision, with 7 lots. The deed restrictions provided for Horseshoe
Island have 11 lots listed, apparently including both the 4 lots and the 7 lots. The application
you submitted for Block 46 only accounts for 7 lots. Where are the remaining 4 lots accounted
for?
For future submittals involving large drainage areas, multiple subdivisions and blocks, please
have the entire drainage area drawn on one sheet with all lot numbers, block numbers,
subdivison names, sections, phases, etc., clearly labelled and boundaries delineated.Trying
to jump between five different pieces of paper and making the connection between them is too
time-consuming and confusing. Please keep in mind that the less confusing you make these
applications for me, the less time I spend in review, the quicker you get your permit. You
deal with Landfall stuff everyday, so it is naturally much less confusing to you. Please have
the design engineers spell it out clearly for me, and have everything matched up between
plans, application and calculations.
127 North Cardinal Dr., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

Mr. Cooper
January 23, 1998
Stormwater Project No. SW8 951210 Modification
Please note that this request for additional information is in response to a preliminary review. The
requested information should be received by this Office prior to February 23, 1998, or the application will
be returned as incomplete. The return of a project will necessitate resubmittal of all required items, including
the application fee.
If you have any questions concerning this matter please feel free to call me at [phone].
Sincerely,
Ms. Linda Lewis
Environmental Engineer
RSS/arl: S:\WQS\STORMWAT\ADDINFO\951210.JAN
cc: Linda Lewis
Central Files
127 North Cardinal Dr., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

Hand Delivered STORM1/11A TER
nECEIVE
November 24, 1997
Iona{ NOV2 41997 D
Paod n (�N21D
Ms. Linda Lewis
Environmental Engineer
NCDEHNR
127 North Cardinal Drive
Wilmington, NC 28405
RE: Stormwater Project No. SW8 951210 Modification
Upper Pond @ Horseshoe Lake
New Hanover County
Dear Ms. Lewis:
This letter is in response to yours dated November 18, 1997. The
following information is intended to assist you in completing the
review of Block 45 submitted by Landfall Associates.
1. Landfall Subdivision II, Block 45 and Drayton Point are two
different projects. Attached is a plat showing the former
multi -family site subdivided into three tracts. Tract "A11
(11.60 ac), on the southern end of the site, is Drayton Point.
Tract "B" (7.98 ac), the middle tract, is still owned by
Landfall Associates. A development plan revising Tract "B" has
not been submitted except as noted below. Tract "C" (11.72
ac), at the northern end of the site, is Block 45.
2. The design calculations for Upper Horseshoe Lake, dated
September 15, 1995 and revised June 7, 1996, show the
"Residential Townhomes @ 85% Impervious = 34.90 ac.11 The 41.73
ac figure is the 34.90 ac multi -family site plus a 6.83 ac
single-family tract referred to as Lots 41R, 42R, 70 and 71
Block 4 Pembroke Jones Park, which are limited to 35%
impervious surfaces.
LANDFALL ASSOCIATES • P.O. BOX 5368, HANOVER CENTER STATION • WILMINGTON, NORTH CAROLINA 28403 • 919-2566111

November 24, 1997
Page Two
The difference between the original 34.90 ac and the current
31.30 ac can be accounted for as follows:
Existing Pond -Conservation Easement Area #2 - 0.82 ac
Existing Pond -Conservation Easement Area #3 - 0.51 ac
Enlargement of Lot 11 Block 2 Pembroke Jones Park - 0.53 ac
Enlargement of Conservation Easement Area #1 - 1.74 ac
TOTAL 3.60 ac
The difference between the 12.05 ac figure used by Drayton
Point's engineers and the 11.60 ac discussed here as Tract "A",
is due to Landfall Associates giving Colony Coast Contractors
permission to encroach into Tract "B" with their development
plan. Colony Coast has an option to purchase Tract "B" at a
later date.
A copy of the "Ninth Amendment to Certificate of Assumed Name
of Landfall Associates" is enclosed. The certificate
authorizes the local management team to sign documents on
behalf of Landfall Associates.
Drayton Point is not owned or being developed by Landfall
Associates. Landfall Associates sold the tract to Colony Coast
Contractors for development by them.
Please note that. Landfall Associates request for a modification to
the permit is to advise DEHNR of the actual development plan for
Block 45. This plan involves a reduction in the proposed
impervious surfaces for Block 45 from 85% to 50%. Restrictive
covenants stating the impervious surface limitation have been
recorded and were forwarded to you with the October 16 responses.
Please let us know if you have additional questions concerning this
matter.
Sincerely,
S 4 Pil
S. Keith Cooper
Director of Land Development
SKC:ls
enclosures
cc: Ken Gebert

State of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Division of Water Quality
November 18, 1997
Mr. Keith Cooper, P.E.
Landfall Associates
PO Box 5368
Wilmington, NC 28405-5368
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: REQUEST FOR ADDITIONAL INFORMATION
Stormwater Project No. SW8 951210 Modification
Upper Pond @Horseshoe Lake
New Hanover County
Dear Mr. Cooper:
The Wilmington Regional Office received previously requested information for the Stormwater
Management Permit Application for Upper Pond @Horseshoe Lake on October 16, 1997. 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. I am more confused than ever. I was under the impression that Block 45 of Landfall II was
the same subdivision as Drayton Point, but a closer look at the two maps reveals that Block
45 is located in the north part of the previous multi -family tract and Drayton Point is in the
south part. Since both projects represent modifications to the original permit, I can do both
at the same time. Please verify the projects locations within the tract, and provide a small
map.
2. The previously approved calculations listed the multi -family tract as 41.73 acres, of which
85 % of it, was assumed to be impervious. Is the whole 41.73 acres to be limited to 50%
impervious? The modification submittal for Block 45 Landfall II only accounts for 11.53
acres, and Drayton Point accounts for 12.05 acres. A true modification must account for all
of the previously permitted 41.73 acres.
3. Please clarify your title within Landfall Associates. We can issue permits only to duly
authorized agents, presidents, vice-presidents, owners, partners, etc. Please submit
documentation of your agent status from the owner, president, vice president, or managing
partner in Landfall Associates. Ken Gebert signed the application for Drayton Point as
president of Colony Coast Contractors, the GP for Drayton Point LP. Is that tract not
owned/developed by Landfall Associates?
127 North Cardinal Dr., Wilmington, North Carolina 29405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

Mr. Cooper
November 18, 1997
Stormwater Project No. SW8 951210 Modification
Please note that this request for additional information is in response to a preliminary review. The
requested information should be received by this Office prior to December 18, 1997, or the application will
be returned as incomplete. The return of a project will necessitate resubmittal of all required items, including
the application fee.
If you have any questions concerning this matter please feel free to call me at [phone].
Sincerely`,
Ms. Linda Lewis
Environmental Engineer
RSS/arl: S:\WQS\STORMWAT\ADDINFO\951210.NOV
cc: Ken Gebert, Drayton Point LP
Linda Lewis
Central Files
127 North Cardinal Dr., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

/ OCT[B
r
r
1524
HAND DELIVERY 4did
October 16, 1997
Ms. Linda Lewis
Environmental Engineer
NCDEHNR - Division of Water Quality
127 Cardinal :give Extension
Wilmington, NC 28405-3845
RE: Stormwater Project No. SW8 951210 Modifications
Horseshoe Lake
New Hanover County
Dear Ms. Lewis:
This letter is in response to your "Request for Additional
Information" dated September 11, 1997. Our responses are as
follows:
1. A revised, completed permit application reflecting a reduction
in the impervious area for Block 45 is enclosed. The
impervious area limitation for Block 45 has been reduced from
85% to 50%.
A copy of the annexation documents recorded in New Hanover
County deed book 2233 paces 972-977 are enclosed for your
information. The impervious area limitations are addressed on
page 975.
2. Two copies of sheet 17 are enclosed as requested.
3. There are no delineated wetlands on the site.
4. The original road total has been revised. Calculations are
attached to the application.
Please advise us if you have additional questions regarding this
matter.
Sincerely,
S. Keith Coope
Director of Land Development
enclosures
cc: Mr. Sam rridgen (w/copies)
LANDFALL ASSOCIATES • P.O. BOX 5368, HANOVER CENTER STATION • WILMINGTON, NORTH CAROLINA 28403 • 919-2566111

BOOK PACE
l0/ 2233 0972
I V Prepared by: Murchison, Taylor, Kendrick & Gibson, L.L.P. ;7 SH ? AM 10 50
16 North Fifth Avenue
Wilmington, NC 28401 ?EOCnC�D AND VERIFIED
SOE DOTS
REGISTER OF DEEDS
RE',9 Hl,ACYER CO. NC
STATE OF NORTH CAROLINA DECLARATION OF ANNEXATION
ANNEXING ADDITIONAL LANDS INTO
COUNTY OF NEW HANOVER LANDFALL SUBDIVISION II AND TO
MASTER CROSS -ACCESS EASEMENT AND
MAINTENANCE AGREEMENT (LANDFALL
SUBDIVISION II, BLOCK 45,)
4z % THIS DECLARATION OF ANNEXATION is made as of the aday of
�, 1997 by LANDFALL ASSOCIATES, a North Carolina joint venture in the form
of a general partnership, hereinafter referred to as "Declarant".
WITNESSETH:
Declarant previously recorded a Declaration of Covenants, Conditions and
Restrictions for Landfall Subdivision II, which Declaration was recorded in Book 1871, Page
205 of the New Hanover County Registry (the "Declaration').
SECTION 2 of Article XI of the Declaration provides that Declarant may annex
additional land into Landfall Subdivision II and subject such land to the jurisdiction of Landfall
Subdivision II Owners Association, Inc.
Declarant now wishes to annex additional land into Landfall Subdivision If, and
hereby declares that the property described below shall be held, sold and conveyed subject to the
following easements, restrictions, covenants and conditions, which are for the purpose of
protecting the value and desirability of such property and adjacent properties now or formerly
owned by Declarant. These easements, restrictions, covenants and conditions shall run with the
property described herein and be binding on all parties now or hereafter having any right, title or
IRETURNID TO
Laws �l -AJ)0c;a4o
/� (,��xi, glogZ 6-?6566

BOOK PAGE
interest in such properly or any part hereof, their heirs, successors and assigns, and shall inure to
the benefit of each owner thereof.
I. Except as hereafter provided, all defined terms used in this Declaration of
Annexation shall have the meaning given such terms in the Declaration.
2. Declarant hereby subjects the following described property to the terms of
the Declaration (except as such terms are specifically vaned in this Declaration of Annexation),
the jurisdiction of the Association and the terms of the Master Easement:
All of that land shown on the plats entitled "Landfall Subdivision
II, Block 45", which are recorded in Map Book,, Page of
the New Hanover County Registry.
3. As provided in SECTION 8 of Article IX of the Declaration, Declarant
hereby imposes the following additional restrictions upon the Annexed Property:
a. As to the Annexed Property, Declarant hereby substitutes the
following language in the first sentence of SECTION 5 of Article VI in the Declaration:
At the time this Declaration of Annexation is recorded, a segment
assessment in the present amount of Two Hundred Fifty Dollars
(5250.00) per Lot per year is applicable to all Lots within the
Annexed Property. The initial purpose of this segment assessment
is for the maintenance of common area landscaping features within
the annexed property and for maintenance of the Landfall Lake
common areas.
All other provisions of SECTION 5 shall apply as to the Annexed Property.
b. As to the Annexed Property, Declarant hereby substitutes the
following language for SECTION I of Article IX of the Declaration:
SECTION 1. SQUARE FOOTAGE: GARAGES. Dwellings
constructed on all Lots within the Annexed Property shall contain a
minimum enclosed dwelling area of 2,200 square feet for a single
level dwelling and 2,500 square feet for a dwelling of two or more
levels, at least 2,000 square feet of which must be on the ground
floor level.
2740 2

buui< PAUC
2233 097`f
In addition to the minimum square footage required in the
preceding sentence, unless a variance is granted as provided in
Article VII of the Declaration, all dwellings shall have an enclosed
two -car garage attached to the main dwelling. The term "enclosed
dwelling area" as used in this Section I shall mean the total
enclosed area within a dwelling subject to heating and air
conditioning; provided, that the term specifically does not.include
garages, terraces, open porches, decks, stoops and like areas
regardless of heating or cooling. Unfinished attic space or
unfinished "bonus room" areas shall also be excluded from the
term "enclosed dwelling areas" even if heated and air conditioned.
C. As to the Annexed Property, Declarant hereby substitutes the
following language for SECTION 2 of Article IX of the Declaration
SECTION 2. SETBACK LINES. No dwelling (including garage)
located on a Lot within the Annexed Property shall be constructed
outside the setback lines for front lines, side lines and rear lines as
shown on the plat of Landfall Subdivision II, Block 45.
Notwithstanding the general setback requirements contained in this
SECTION 2, in the event Declarant records any subdivision map
of a Lot which shows a different setback requirement, the setback
requirement shown on the recorded plat shall control.
The setbacks shown on a recorded plat shall prevail over any lesser
governmental setback standard. Variances of these setback
requirements may be granted pursuant to Article VII hereof, but in
no case will the setback be less than that required by the
governmental agency having jurisdiction over the Property.
d. Within the area designated on the plats of the Annexed Property as
"40' Access and Utility Easement" over a portion of Lot 10 of the Annexed Property, Declarant
shall construct a paved drivewayjointly serving Lots 9 and 10. The Owners of Lots 9 and 10
shall have the perpetual, nonexclusive right and easement of ingress, egress and regress over and
upon said easement area, which shall be an easement appurtenant to and running with each of
Lots 9 and 10. Following initial construction of the driveway, the Owners of Lots 9 and 10 shall
share equally in all reasonable and necessary costs, as determined by said Owners, of
maintenance, repair and replacement of the driveway, regardless of on which Lot such
2740

zZ 3:i U y I b
maintenance, repair or replacement is necessary; provided that: (i) the Owner of any such Lot
shall not be required to share in or reimburse any maintenance, repair or replacement costs
expended prior to the commencement of construction of a dwelling on such Lot, and (ii) the
Owner of any such Lot shall be solely responsible for any maintenance, repair or replacement
necessary due to damage, other than ordinary wear and tear, caused by such Owner or such
Owner's family members, guests, invitees, agents or contractors. Neither Declarant nor the
Association shall have any obligation to perform or share in the cost of any maintenance, repair
or replacement of the driveway. Each Owner of Lots 9 and 10 shall have the right to enforce, by
any proceeding at law or in equity, the easement and covenants imposed in this paragraph. This
grant of easement shall not be exclusive, but shall be used consistently with the use of such
easement area as a utility easement and for other purposes as provided in the Declaration and in
this Declaration of Annexation.
C. Within the areas designated as sanitary sewer easements on the
plats of the annexed property or in areas wherein a sanitary sewer is located within the annexed
property, no buildings, structures, or obstructions shall be placed, constructed or situated
thereupon, nor shall any trees be planted thereon. Driveways are specifically exempted from this
prohibition.
f. LIMITATION OF BUILT -UPON AREA. Lots 1-12 of Block 45
shall be limited to the maximum built -upon area per lot of fifty percent (50%) of the total lot
area. Built -upon area shall include structures, pavements (including portions of driveways within
rights -of -way and common areas), walkways or patios of brick, stone or slate, not including
wood. This covenant is enforceable by the Declarant or the State of North Carolina and cannot
be changed without the written consent of the State.
SrOrnr�vA%, �2cfr o•-
2740 4

2233 0976
Except as otherwise specifically provided herein, all terms, conditions and
provisions of the Declaration shall apply as to the Annexed Property.
rN WITNESS WHEREOF, the undersigned, being the Declarant herein, has
caused this Declaration of Annexation to be executed by its duly authorized agents and its seal to
be hereunto affixed, as of the day and year first above written.
LANDFALL ASSOCIATES, a North Carolina
joint venture
By: %lt�
A orized Xgent
By: -:�;> ,
Authorized Agent
2740

DOOI( PAGE
NORTH CAROLINA
2233 097.7
NEW HANOVER COUNTY
I, '�)eTf c -i tv o S e�j f 1)n ,e.1 , a Notary Public in and for the State
and County aforesaid, do certify that C; h l 21 e 4 [i . r-Q v g i e i I _ and
S . K e ;'t-k Coo R le r , personally appeared before me this day and
acknowledged the due execution of the foregoing instrument on behalf of Landfall Associates, a
North Carolina Joint Venture (General Partnership), and that by authority duly given and as the act
of the joint venture, the foregoing instrument was signed by them in its name.
WITNESS my hand and official seal this day of ,P u, 1997.
u W- e�L
Notary PubliC6d
My Commission Expires:
►!y ComrLssYm Ewe 2-11.2001
NOTARY
^� PC/B L I C
S7 y.
+0VER copO.0
N1'r1uuiup"0
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
The foregoing certificate of bell- ,CiljdSQ4 MOr Z" Notary
Public, is certified to be correct.
This the day of 1997.
Ilia IV SL'2 OCC`PS REGISTER OF DEEDS OF NEW HANOVER COUNTY
By: a
Deputy
2740

State of North Carolina
Department of Environment, Health, and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr. Division of Water Quality Wayne McDevitt
Governor Water Quality Section Secretary
September 11, 1997
Mr. Keith Cooper, P.E.
Landfall Associates
PO Box 5368
Wilmington, NC 28406
Subject: ACKNOWLEDGEMENT OF RECEIPT AND
REQUEST FOR ADDITIONAL INFORMATION
Stormwater Project No. SW8 951210 Modification
Horsehoe Lake
New Hanover County
Dear Mr. Cooper:
The Wilmington Regional Office received a modification to the Stormwater Management Permit
Application for Horsehoe Lake on August 15, 1997. 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. Provide two copies of sheet 17, with the road section. The originals sent on June 19 were
used with the plans for Block 46, Horseshoe Island (SW8 970633).
2. A revised, completed permit application reflecting the reduction in impervious area to the
pond, due to the change from multi -family @85 % impervious, to single family c@35 %
impervious.
3. Delineate all wetlands on site, or note on the plans that none exist.
4. Revise the original road total to include the new part of South Moorings Drive.
5. . Future revisions will require essentially the same things: plans, details, revised application,
and modification fee.
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

Mr. Cooper
September 11, 1997
Stormwater Project No. SW8 951210 Modification
Please note that this request for additional information is in response to a preliminary review. The
requested information should be received by this Office prior to October 11, 1997, or the application will
be returned as incomplete. The return of a project will necessitate resubmittal of all required items, including
the application fee.
If you have any questions concerning this matter please feel free to call me at [phone].
Sincerely,
Ms. Linda Lewis
Environmental Engineer
RSS/arl:. S:\WQS\STORMWAT\ADDINFO\951210.SEP
cc: Linda Lewis
Central Files
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal opportunity AT mative Action Employer

R-EC;EI EYE
AUG 15 1997
BY:
August 13, 1997
Ms. Linda Lewis
Environmental Engineer
North Carolina Department of Environment,
Health and Natural Resources
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
RE: Stormwater Project No. SW895121O
Request for Modification
Landfall Subdivision II - Blocks 36, 37 and 45
Dear Ms. Lewis:
Per your August 5, 1997 letter, we are requesting a
modification to Stormwater Project No. SW895121O based on
documents submitted June 30, 1997. We have enclosed herewith a
check for $385 for the modification fee.
We have also enclosed a copy of the recorded covenants for
Blocks 36 and 37 and the draft covenants for Block 45. The
section limiting the built -upon area is noted on each copy.
Please contact me at 256-7646 if there are other questions or
comments regarding this application.
Sincerely,
S. Keith Cooper, P.E.
Director of Land Development
SKC:ls
enclosures
cc: Mr. Sam Pridgen
LANDFALL ASSOCIATES • P.O. BOX 5368, HANOVER CENTER STATION • WILMINGTON, NORTH CAROLINA 26403 • 919-2566111

BOOK PAGE
2223 0963
1 Prepared by: Murchison, Taylor, Kendrick &Gibson, L.L.P.
16 North Fifth Avenue
Wilmington, NC 28401
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
DECLARATION OF ANNEXATION
ANNEXING ADDITIONAL LANDS INTO
LANDFALL SUBDIVISION H AND TO
MASTER CROSS -ACCESS EASEMENT AND
MAINTENANCE AGREEMENT (LANDFALL
SUBDIVISION II, BLOCK 36, BLOCK 37)
THIS DECLARATION OF ANNEXATION is made as of the ja]�day of
`1997 by LANDFALL ASSOCIATES, a North Carolina joint venture in the form
�
of a general partnership, hereinafter referred to as "Declarant'.
000021 WITNESSETH:
Declarant previously recorded a Declaration of Covenants, Conditions and
Restrictions for Landfall Subdivision II, which Declaration was recorded in Book 1871, Page
205 of the New Hanover County Registry (the "Declaration").
SECTION 2 of Article XI of the Declaration provides that Declarant may annex
additional land into Landfall Subdivision II and subject such land to the jurisdiction of Landfall
Subdivision II Owners Association, Inc.
Declarant now wishes to annex additional land into Landfall Subdivision II, and
hereby declares that the property described below shall be held, sold and conveyed subject to the
following easements, restrictions, covenants and conditions, which are for the purpose of
protecting the value and desirability of such property and adjacent properties now or formerly
owned by Declarant. These easements, restrictions, covenants and conditions shall run with the
property described herein and be binding on all parties now or hereafter having any right, title or
interest in such property or any part hereof, their heirs, successors and assigns, and shall inure to
the benefit of each owner thereof.
f� i tE /Coorsy-
I%

BOOK PAGE
2223 0964
1. Except as hereafter provided, all defined terms used in this Declaration of
Annexation shall have the meaning given such terms in the Declaration.
2. Declarant hereby subjects the following described property to the terms of
the Declaration (except as such terms are specifically varied in this Declaration of Annexation),
the jurisdiction of the Association and the terms of the Master Easement:
All of that land shown on the plats entitled "Landfall Subdivision
II, Block 36 and 37", which is recorded in Map Book,, Page
/C of the New Hanover County Registry.
3. As provided in SECTION 8 of Article IX of the Declaration, Declarant
hereby imposes the following additional restrictions upon the Annexed Property:
a. As to the Annexed Property, Declarant hereby substitutes the
following language for SECTION 1 of Article LX of the Declaration:
SECTION 1. SQUARE FOOTAGE: GARAGES. Dwellings
constructed on all Lots within the Annexed Property shall contain a
minimum enclosed dwelling area of 2,200 square feet for a single
level dwelling and 2,500 square feet for a dwelling of two or more
levels, at least 2,000 square feet of which must be on the ground
floor level.
In addition to the minimum square footage required in the
preceding sentence, unless a variance is granted as provided in
Article VII of the Declaration, all dwellings shall have an enclosed
two -car garage attached to the main dwelling. The term "enclosed
dwelling area" as used in this Section 1 shall mean the total
enclosed area within a dwelling subject to heating and air
conditioning; provided, that the term specifically does not include
garages, terraces, open porches, decks, stoops and like areas
regardless of heating or cooling. Unfinished attic space or
unfinished "bonus room" areas shall also be excluded from the
term "enclosed dwelling areas" even if heated and air conditioned.
b. As to the Annexed Property, Declarant hereby substitutes the
following language for SECTION 2 of Article IX of the Declaration:
2741

DVVn
2223 0965
SECTION 2. SETBACK LINES. No dwelling (including garage)
located on a Lot within the Annexed Property shall be constructed
outside the set back lines for front lines, side lines and rear lines as
shown on the Plat of Landfall Subdivision II, Block 36 and Block
37.
Notwithstanding the general setback requirements contained in this
SECTION 2, in the event Declarant records any subdivision map
of a Lot which shows a different setback requirement, the setback
requirement shown on the recorded plat shall control.
The setbacks shown on a recorded plat shall prevail over any lesser
governmental setback standard. Variances of these setback
requirements may be granted pursuant to Article VII hereof, but in
no. case will the setback be less than that required by the
governmental agency having jurisdiction over the Property.
C. Within the area designated on the plat of Lots 3 and 4, Block 37 of
the Annexed Property as "Maintenance Easement for Wall and Irrigation Systems", Declarant
hereby reserves for itself and its successors in title to real property an easement for access to and
maintenance of the existing wooden wall located on the adjacent property and an existing
underground irrigation system on the Annexed Property.
d. Within the areas designated as sanitary sewer easements on the
plats of the annexed property or in areas wherein a sanitary sewer is located with the annexed
property, no buildings, structures, or obstructions shall be placed, constructed or situated
thereupon, nor shall any trees be planted thereon. Driveways are specifically exempted from this
prohibition.
e. LIMITATION OF BUILT -UPON AREA. Lots 1-5 of Block 36
and Lots 1-4 of Block 37 shall be limited to the maximum built -upon area per lot of thirty-five
percent (35%) of the total lot area. Built -upon area shall include structures, pavements
(including portions of driveways within rights -of -way and common areas), walkways or patios of
brick, stone or slate, not including wood. This covenant is enforceable by the Declarant or the
State of North Carolina and cannot be changed without the written consent of the State.
2741

dUUIK rAUC
2223 0966
Except as otherwise specifically provided herein, all terms, conditions and
provisions of the Declaration shall apply as to the Annexed Property.
IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has
caused this Declaration of Annexation to be executed by its duly authorized agents and its seal to
be hereunto affixed, as of the day and year first above written.
LANDFALL ASSOCIATES, a North Carolina joint
venture
By; -/l'
Autl orized Agent
By: � IZ6 f�
Authorized Agent
' 77 AUG 12 A�1 9 41
RECORDED AND VERIFIED
MARY SUE OOTS
REGISTER OF DEEDS
NEW HANOVER CO. NC
2741 4

BOOK PAGE
NORTH CAROLINA
2223 096.7.
NEW HANOVER COUNTY
I, &f7 r k.3 i r,3oc e4 (�1 oTl. ey , a Notary Public in and for the State
and County aforesaid, do certify that , ( rY1 �� 1 & and
�j e t th Cuo O e r , personally appeared before me this day and
acknowledged the due execution of the foregoing instrument on behalf of Landfall Associates, a
North Carolina Joint Venture (General Partnership), and that by authority duly given and as the act
of the joint venture, the foregoing instrument was signed by them in its name.
WITNESS my hand and official seal this _! day of Alamo u s-r 1997.
My Commission Expires:
My Corntis" EW'M 2.11-2001
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
v
otary Publ'
,j 601ARY
ftt
�. Pl7BLIC- i
The foregoing certificate of EAO— e t)ds fAal i __� Notary
Public, is certified to be correct.
This the iLday of 4ZAU��, 1997. NARY ELM COTS
REGISTER OF DEEDS OF NEW HANOVER COUNTY
By: V - �
Deputy
2741