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SW8951210_HISTORICAL FILE_19981028
STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW8 n s 12 10 DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE lqq$ 10 28' YYYYMMDD State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office James R. Hunt, Jr., Governor Wayne McDevitt, Secretary Division of Water Quality October 29, 1998 Mr. S. Keith Cooper, President Landfall Subdivision 11 Owner's Association, Inc. 1616 Dye Place Wihnington,NC 28405 Ai RCDENK NORTH CAROUNA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: Permit No. SW8 951210 Landfall Lake (Upper Pond @Horseshoe Lake) High Density Subdivision Stormwater Project New Hanover County Dear Mr. Cooper: The Wilmington Regional Office received a request to change the ownership of the Stormwater Management Permit for Landfall Lake (Upper Pond @Horseshoe Lake) on April 8, 1998, with final information on October 19, 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 Permit No. SW8 951210, dated October 29, 1998, for the construction of the project, Landfall Lake (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. The January 26, 1998 approved plans remain in effect. 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 hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 2761 1-7447. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact Linda Lewis, or me at (910) 395-3900. Sincerely, Rick Shiver Water Quality Regional Supervisor RSS/arl: S:\WQS\STORMWAT\PERMIT\951210.00T cc: Amos Clark Tony Roberts, New Hanover County Inspections Beth Easley, New Hanover County Engineering Linda Lewis Wilmington Regional Office Central Files 127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004 An Equal Opportunity Affirmative Action Employer 50% recycled/10°/ post -consumer paper - State Stormwater Management Systems Permit No SW8 951210 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 Subdivision II Owner's Association, Inc. Landfall Lake (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 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 subdivision is permitted for lots, each allowed square feet of built -upon area. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 4. The January 26, 1998, approved subdivision plans and the August 23, 1996, detention pond plans remain in effect. 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, ft2: *New Residential, fie: *Existing Residental @50%, ft2: *Future Residental @35%, fie: Drayton Point (970610), ft2: Tract B of former MF tract, ft2: Excess impervious from Drayton Point, ft2: *Inlcudes streets Offsite Area entering Pond, ft2: Required Surface Area, ft2: Provided Surface Area, ft2: Required Storage Volume, W: Provided Storage Volume, ft3: Temporary Storage Elevation, FMSL: Controlling Orifice: Landfall Lake (Upper Pond @Horseshoe Lake) 951210 New Hanover County Mr. S. Keith Cooper, President Landfall Subdivision II Owner's Association, Inc. 1616 Dye Place Wilmington, NC 28405 April 8, 1998 Horseshoe Lake "C', 5 5 3,774,475 385,942 (Blocks 36, 37 and 46 @35%, Block 45 @50%) 1,653,538 (Blocks 1,2,3,4,5, and 12) 892,109 (Landfall 11 Subdivision) 229,997 (36 lots @5,000 ftz plus roads) 295,337 (assumed at 85% until it develops) 317,552 (revised from MF@85% to SF @35%) none, per Engineer 269,952 454,766 328,381 510,648 6 7 pipes, each 4"4 pipe 3 State Stormwater Management Systems Permit No. SW8 951210 11. SCHEDULE OF COMPLIANCE No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature (such as swales) shown on the approved plans as part of the stormwater management system without submitting a revision to the permit and receiving approval from the Division. 2. The pennittee 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 perminee 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. 5. The stormwater management system shall be constructed in it's entirety, vegetated and operational for its intended use prior to the construction of any built -upon surface except roads. 6. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 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. 8. 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. 9. Decorative spray fountains will not be allowed in the pond. 10. If the stormwater system was used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility. State Stormwater Management Systems Permit No SW8 951210 11. 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. 12. 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. 13. Prior to the sale of any lot, deed restrictions must be recorded which limit the built -upon area per lot to the amount as shown on the Project Data Sheet, per Section 1, 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." *Lots In Blocks 36, 37 und.46 @35%; Block 45 @50%. 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. "All runoff from the built -upon areas on the lot must drain into the permitted system. This may be accomplished through providing roof drain gutters which drain to the street, grading the lot to drain toward the street, or grading perimeter swales and directing them into the pond or street. Lots that naturally drain into the system are not required to provide these measures." 14. 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. 15. 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. 5 State Stormwater Management Systems Permit No. SW8 951210 16. Prior to transfer of ownership, the pond must be inspected by DWQ personnel, and determined to be in compliance with all permit conditions. Records of maintenance activities will be required. 17. 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 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 Pennittee 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. 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. Pennittee 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 29th day of October, 1998. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION _12, d C 14 - A—Aa��ti�� t A. Preston Howard, Jr., P.E., Director �Z91 Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW8 951210 State Stormwater Management Systems Permit No. SW8 951210 Landfall Lake (Upper Pond a Horseshoe Lake) Stormwater Permit No. S W8 951210 New Hanover County Engineer's Certification 1, , 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: Signature Registration Number Date SEAL 7 State of North Carolina Department of Environment, Health and Natural Resources 4 919 Division of Environmental Management �I James B. Hunt, Jr., Governor A— M Jonathan B. Howes, Secretary p E H N A. Preston Howard, Jr., P.E., Director • WATER QUALITY SECTION PERMIT NAME/OWNERSHIP CHAN E FORM MMMflT'tTia©©1Fl0B 0 1. Permit holder's name: Landfall Associates 2. Permit's signing official's name and tide:_ S. Keith Cooper (Person legally responsible for permit) Authorized Agent (Title) 3. Mailing address: 1616 Dye Place City: Wilmington State, NC Zip Code: 28405 Phone: (910 )256-7646 II. NEW OWNER/NAME INFORMATION 1. This request for a name change is a result of: _a. Change in ownership of property/company _b. Name change only -2Lc. Other (please expWn): Transfer operation and maintenance responsibilities to homeowners association. Landfall Subdivision II Owners 2. New owner'sname(nametobeputonpermit): Association, Inc. 3. New owner's or signing official's name and title: S. Keith Cooper (Person legally responsible for permit) President (Title) 4. Mailing address, '1616 Dye Place City: Wilmington State, NC Zip Code: '28405 Phone: ( 910) 256-7646. !.' ► , -FEW .1-2-mv e' i THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION OF ENVIRONMENTAL MANAGEMENT UNLESS ALL OF THE APPLICABLE ITEMS LISTED BELOW ARE INCLUDED WITH THE SUBMITTAL. REQUII2ED ITEMS: 1. This completed application 2 (Checks to be made payable to DEHNR) rrJ-CYl et'nee, 3• If an ownership change, legal documentation of the transfer of ownership (such as a contract deed, articles of incorporation) CERTIFICATION MIT BE COMPLETED AND SIGNED BY BOTH THE CURRENT PERMIT HOLDER AND THE NEW APPLICANT IN THE CASE OF CHANGE OF OWNERSHIP. FOR NAME CHANGE ONLY COMPLETE AND SIGN THE APPLICANT'S CERTIFICATION. ' Current Permittee's Certification: I,_ s Keith Cooper attest that this application for name%wnership change has been reviewed and 1s accurate and complete to the hest of my knowledge. I understand that if all required parts of this application are not completed and that if all required included, this application psupporting information and attachments are not ar ge will be returned as incomplete.. r� Signature: Dace: � l7r, Applicant's Certification: I' reviewed anattest that this application for a name/ownership change has been d is accurate and complete to the best of my knowledge. I understand that if all required parts in this application are not completed and that if all required supporting information and attachments are not included, this application package will be returned as incomplete. Signature: Date THE COMPLETED APPLICATION PACKAGE, THINCLUDING ALL SUPPORTING INFORMATION AND MATERIALS, SHOULD BE SENT TO E FOLLOWING ADDRESS: r ,o North Carolina Department ;ement ° } of Environment, Health, and Natural Resources LINDA LEWIs Environmental Engineer I Division of Environmental Management Water Quality Section 127 cardinal Drive Extension, (919) 395-3900 Wilmington, N. C. 28405-3845 Fax: (gig) 350-2o04 J NORTH CAROLINA STOILNfWATER MAUNAGEN ENT PMNM APPLICATION L GEINMUL INFORMATION (plea/, pnwt clearly ar yp.) (Revision of Permit #951210) 1.Project Nam e Upper Pond at Horseshoe Lake 2. Location, directions to project (include County, Address; State Road) Attach reap. Corner of Arboretum Drive and Pembroke Jones Drive in 3. Owner's 4. Owner's Mailing Landfall Associates P. O. Box 5368, Phone (910) 256-7646 anover Center St City Wilmington _State NC Zip 28405-3845 5. Nearest Receiving Stream Horseshoe Lake 6. Project description Lake (Existing) Revision of land use in] II. PERMIT nFORMATION 1. Permit No.(ra be,dUed In by 2. Application Date uctooer 3. Permit Type: New Class SC ation for upper pond @ Horseshoe enclosedpreviously submitted 10 4. Project Type: _Low Density S Detntion Infiltration Redevelop_ General__,Alter_Offsim 5. Omer State/Federal P.-rmits/Approvals Required (Glertepprop {am blantiJ CANLk Mfajor. Sedimentation/Erosion C IItrol 404 Per mt : M. BLOT UPON AREA (P<a,. eta N(:tC 2H-loz dr.. •100�)Br,app"Ie d1wi+y "io) Classification Existing Built -upon Area Proposed But7t-upon Area Total Project Area Previous Permit New Permit BaSID ' Rivtn SC i SC 4,003,164 SF13,827,377 SF* I: 11,325,600 SF!11,325,600 SF New Permit Br-akdowm of Tmperyknis Area (plewe lndLe ze below Ae derign impervious arm) Str='t4 378,536 SF Parking/SW 448 MI O,,= 3,$"z,i, SF o Built -upon Area 35.3% 33.8% TctaLs 3,827377 SF j * See Attachment Iv. STORMWATER. TREATMENT (c smbe Ao. A. W be veased) i Normally wet detention pond designed to copture R/O from first 1.5" of rainfall for release in 2-5 days. Deigned per NCDEHNR standards. _ V. DUD RESTRICTIONS AND PROTECTIVE COVENANTS i Deed restrictions and protective covenants are required to be recorded for all low density projects and all subdivisions prior to. the sale of any lot.. Please see Arttchment A for the specific items that must be recorded for the type of project applied for. By your signature below, you certify that the recorded deed restrictions and protective covetunb fnr this project shall include all the items required by the permit, that the covenants will be binding on all parties and persons claiming under them, that they will tam with thelland, that the covenant cannot b, changed or deleted without concurrence frdi the State, and that they will be recorded prior to the sale of any lot. i �i. OWNER'S CERTIFICATION I S. Keith Cooper certify that the information included on this permit tP4ax p.:+.r cf-arfy or ryP<J application form is correct, that the project will be constructed in confoananc: with the approved plans, that the deed rest fictions will be recorded with all required permit conditions, and that to the best of my lcwwledge, the proposed project complies with the requirements of 15A NCAC 2H.1000. I authorize the below named person or firm to subI mit stormwater plans an my behalf. V,:: v Owner/Authcrized gems Signature and Title Date i tip. ,'AGENT ALITHORIZATION rp.a.e,u a thr �� of tie cny rrr/rYrvepr xaf rlud to submit pk= o fie 0n r'r b"df i cc: Person or firn narne Mailing Address Cinf Please subunit application,. fee, plans and Apolicamt(W'iRO//Central Files State Zip Ph= calculations to C:e apprcpriatr Regional Office. i I Of tcz use only n E C E I V E D ILlnu( OCT 16 1997 D PROJ N--MT5i'LIU Attachment Reduction in total impervious area for the pond is due to the conversion of some of the previously permitted multi -family area to single family lots. The reduction was calculated as follows: Block 45 = 11.53 ac (previously multi -family) * Previous permit = 11.53 ac @ 85% IMP = 426,910 SF IMP * New permit = 11.53 ac @ 50% IMP = 251,123 SF IMP Therefore: reduction = 175,787 SF Total previously permitted impervious area = 4,003,164 SF Minus reduction = - 175,787 SF Total new permitted impervious area = 3,827,377 SF Old street impervious area = 353,707 SF + street impervious @ Moreland Drive, Block 45 = 24,829 SF Total new street impervious = 378,536 SF E C E I V E D AUG 2 01996 D E PROJ# 5CNYSIZIU POND NLAENTENANCE REQUIREMENTS Project Name: LANDFALL UPPER POND AT HORSESHOE LAKE Project No. SW8 951210 Responsible Party: LANDFALL ASSOCIATES Phone No. 910-256-7646 Attn: Keith Cooper Address: P.O. BOX 5368, WILMINGTON, NC 28403 I. Inspect monthly, or after every runoff producing rainfall event, whichever comes first A. Remove debris from the trash rack. B. Check and clear the orifice of any obstructions. If a pump is used as the drawdown mechanism, check for pump operation_ C. Check the pond side slopes; remove trash, repair eroded areas before the next rainfall event. D. If the pond is operated with a vegetated filter, check the filter for sediment accumulation, erosion and proper operation of the flow spreader mechanism. Repair as.necessary. II. Quarterly A. Inspect the collection system (ie. catch basins, piping, grassed swales) for proper functioning. Clear accumulated trash from basin grates, and basin bottoms, and check piping for obstructions. B. Pond inlet pipes will be checked for undercutting, riprap will be replaced, and broken pipes will be repaired. C. Grassed swales, including the vegetated filter if applicable, will be reseeded twice a year as necessary. Eroded areas will be repaired immediately. III. Every 6 months A. Remove accumulated sediment from the bottom of the outlet structure. B. Check the pond depth at various points in the pond. If depth is reduced to 7507o of original design depth, sediment will be removed to at least original design depth. OPERATION AND MAINTENANCE REQUIREMENTS PAGE 2 IV, General A. Mowing of the side slopes, not including normally submerged vegetated shelf, will be accomplished according to the season. Maximum grass height will be 6". B. Cattails, and other indigenous wetland plants, are encouraged along the pond perimeter, however they must be removed when they cover the entire surface area of the pond. C. The orifice is designed to draw down the pond in 2-5 days. If drawdown is not accomplished in that time, the system may be clogged The source of the clogging must be found and eliminated. D. All components of the detention pond system wM be kept in good working order. Special Requirements an authorized Agent of Landfall Associates, a North Carolina general partnership, S. Keith Cooper hereby acknowledge that I amlyhe financially the maintenance as outlined -esponsible party for maintenance of this detention pond. kaWnPN�fo On rbove, as part of the Certification of Compliance with Stormwater esMironser`seceived for this project. Sarah H. Griffin Date: 15 August, 1996 a Notary Public for the State of North Carolina Co )f New Hanover do hereby certify that S. Keith Cooper person appeared before me this 15th day of August 19 96 and acknowledge the due execution of oregoing instrument. Witness my hand and official seal, . %da"1l01un_. SEAT, �ly commission expires JA4 L4, 1999 t t *** .0 s PUBOC ,,,_. v ;. _'\ . _ • 4. v f .'�. % Ms. Lewis: This is in response to the comments from you regarding the Landfall Horseshoe Lake project, and the drainage area breakup calculations submitted to you by this office on July 31, 1998. We had previously responded to these comments via telephone, but unfortunately the conversation was not followed up by a written response. This memo will address the comments in your August 12, 1998 letter on a point -by -point basis. The streets impervious area was not listed in the breakdown for roadways which were existing prior to this project. A telephone conversation with you affirmed that, since the roads are 27' B-B and all R/W's for roads are 50 or 60 feet wide (making impervious surfaces for road RAN areas approximately 50% of total R/W area), the entire existing residential area, including existing roadways, would be taken as 50% impervious. All new streets were listed in the impervious surface breakdown for the specific block or area in which they are to be located. We are not tracking the impervious surfaces for Drayton Point. Therefore, we used the permitted (assumed) limitation for 85% impervious area from the original pond design. Please note that this description of the pond drainage area is much more detailed and involved than that for the original pond design. We have much more up to date land use information than we had when the pond was originally designed and permitted. As I went through the process of re -defining the pond drainage area, I used the previous calculations as a guide only, to ensure that I did not miss any portion of the pond drainage area. I did not try to equal the permitted impervious surface of the original design. My goal was to truly describe what is draining to the pond, and give the best estimate of any future development within the pond drainage area boundaries. We both agree that the pond is of sufficient size to treat the entering stormwater runoff. Please do not hesitate to call me at (919) 361-5000 or by e-mail at "clark@johnrmcadams.com". I do hope to resolve this as soon as possible. Alida Lewis -- 1 -- Mon, 19 Oct 1998 16:01:44 Q001; PACE '�'✓ . 2233 0972 Prepared by: Murchison, Taylor, Kendrick & Gibson, L.L.P. 57 SEP 2 An 10 50 16 North Fifth Avenue Wilmington, NC 28401AND VEf.IriED J'T®R� {1WATER 61;`, f SU= DOTS ��I R "'' I Ep OF DEEDS r STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER D E C E I V E OCT 161997 D C D E M 7 N �•t" THIHISS DECLARATI OF ANNEXATION is made as of the &day 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 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 RETURNID TO �ertL �orl7g q(0 Zs6 r 6CF6 DOOi( PAGE interest rn such properly or any part hereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. 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 45", which are recorded in Map Book', Page&Yof 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 ($250.00) 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 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. 2740 E00K PAGP 2233 097`I 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. 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 H, 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 driveway jointly 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 2233 0975 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. e. 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. 2740 ly 2233 0976 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 h, Z By: • Authorized Agent By: YQ_r -(�l_� Authorized Agent 2740 BOOK PAGE NORTH CAROLINA 2233 NEW HANOVER COUNTY 0977 I, _'�)e- T r rJ o s e� 0)cTtk-e 4 a Notary Public in and for the State and Comity aforesaid, do certify that h 21 e u A . (h Q v C i e_ I and S . K e i- -\ Coo p er 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 instnunent was signed by them in its name. WITNESS my hand and official seal this 9 day of , 1997. My Commission Expires: W ConrnLmion Eg*es 2-11-2001 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER 0 Notary Publi NOTARY PUBLIC 1 •��y+0VER Co,N,..��,� The foregoing certificate of fW1Z Z1/705d5, Al D-Ile Notary Public, is certified to be correct. This the day of 1997. CIA -Y =3 COTS REGISTER OF DEEDS OF NEW HANOVER COUNTY By: aL a_ Deputy State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office i James 11. Hunt, Jr., Governor Wayne McDevitt, Secretary Division of Water Quality August 12, 1998 Mr. Amos Clark The John R. McAdams Company PO Box 14005 Research Triangle Park, NC 27709 Afflvcv^ � NCDENR NORTH CAROUNA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: ACKNOWLEDGEMENT OF RECEIPT AND REQUEST FOR ADDITIONAL INFORMATION Stormwater Project No. SW8 951210 Landfall Horseshoe Lake New Hanover County Dear Mr. Clark: 'rhe Wilmington Regional Office received the impervious area breakdown calculations for the Stormwaler Management Permit Application for Landfall Horseshoe Lake on August 5, 1998. A preliminary review of that information has determined that the application is not complete. The following information is needed to continue the stormwater review: The streets impervious area is not listed in the breakdown. If I use the previously permitted amount, 378,536 square feet, the total built -upon area exceeds the amount shown on the application, permitted in January, 1998, by 325,633 square feet.The application was for 3,827,377 square feet. The number you provide, plus the street, is 4,153,010. Deleting the overage from N2 below will get rid of all but a little over 8,000 square feet. 2. The BUA permitted for the tract identified as the Drayton Point Area is actually 12.06 acres, not 19.35. (5.28 acres for the 36 lots in Drayton Point, and 6.78 acres for Tract B, which is between Drayton Point and Block 45, and currently undeveloped. I accounted for Tract B @85% until the actual design is known.) 3. There is no question that the pond is of sufficient size to meet the requirements. We only need to hammer out the details of exactly what's covered and how much. 127 Cardinal Dr. Ex[., Wilmington, North Carolina 28405 'Telephone 910-395-3900 FAX 910-350-2004 An Equal opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper y Mr. Clark August 12, 1998 Stormwater Project No. SW8 951210 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 September 12, 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 (910) 395-3900. Sincerely, Ms. Linda Lewis Environmental Engineer RSS/arl: S:\WQS\STORMWAT\ADDINFO\951210.AUG cc: Linda Lewis Keith Cooper Central Files THE JOHN R. McADAMS COMPANY, INC. C ON S U L T ING E N G IN E E R S POST OFFICE BOX 14005 I RESEARCH TRIANGLE PARK, NORTH CAROLINA 27709 UG 3 �ggg (919) 361-5000 FAX (919) 361-2269 A LETTER OF TRANSMITTAL To: Ms. Linda Lewis Date: 7/31/98 NC DENR Division of Water Quality 127 Cardinal Drive Extension " FEDERAL EXPRESS " Wilmington NC 28405 Re: Landfall Lake Job No.: LFA-94020 Drainage Area Descriptions am sending you the following item(s): COPIES DATE NO. DESCRIPTION 1 7/31/98 2 Drainage area and Land Use Maps 1 7/31/98 Description of areas and pond verification calculations These are transmitted as checked below: ❑ As requested ❑ For approval ❑ For review and comment ® For your use n Remarks: Please feel free to call with any questions or comments. \ Copy to: Keith Cooper Sam Pridgen Signed: �' L'L' mos Clark, PE Project Engineer t ni irl 12 '98 16:15 1 0 K 1 19-2567650 Sfatc of North Carolina entandNatliraIRP-91111"Cel jrriirigtj6rj ]KegionaL Office It'..SecrCt Wayne McDevi Hjint,Go 7�' 127 CardiFkAl Drive Extension, NY1614196D- NIC' T00096' (910) 49S-"Qu V" (?Iu) A, Equal Oliporfisniq Atfirmdtlye Aalnn Einployer 4 It Clir h1= 8-9193612269 9 lie Oijg 12 State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office James B. Hunt, Governor Wayne McDevitt, Secretary FAX COVER SHEET Date:—IZ— Q8 To: i-ry)o5 C12rk CO: -�)hn 2 FAX#: QIG(3(pl 22(oq REMARKS: No. Of Pages: 4- From: (_r 2 LewrS CO: FAX#: 910-350-2004 127 Cardinal Drive Extension, Wilmington. N.C. 28405-3845 Telephone (910) 395-3900 Fax (910) 350-2004 An Equal Opportunity Affirmative Action Employer State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office James B. Hunt, Governor Wayne McDevitt, Secretary FAX COVER SHEET Date: ?-17-90 To: Kzi+h L(20 Pr - co: L2 55fz. FAX #: ZG(P 50 REMARKS: No. Of Pages: 4- From: ( i O ,:�L L 2wl5 CO: FAX#: 910-350-2004 127 Cardinal Drive Extension, Wilmington. N.C. 23405.384E Telephone (910) 395-3900 Fax (910) 350-200J An Equal opportunity AMrmativc Action Employer u i Y THE JOHN R. McADAMS COMPANY, INC. COt:SULTI NG F N 6 1 N E E R S POST OFFICE 130X 14005 RESEARCH TRIANGLE PARK, NORTH CAROLINA 27709 LANDFALL LAKE LANDFALL SUBDIVISION WILMINGTON, NC DRAINAGE AREA COMPUTATIONS FOR EXISTING LANDFALL LAKE PERMIT REVISION LFA-94020 JULY 31, 1998 TuRMWAT E C E I V E AUG 0 31998 D D E M PROJ N ? �FtiSS,• EAL 2�34 5—e--cl n� IJ Landfall Lake Drainage Area Description Summary &)6,-6C4¢ Land Use Or-7,� .k Existing residential area nvil Exisitng Conservation Area Future Residential Area l� 1G (not yet developed) LvLt(-Al.f eree.i Exisitng Golf Course Area Block 45 (new residential area) 2�W Drayton Point Area 9�v�10 t> (designed / permitted by others) ✓� Block 46 - Partial Lots 8-11 (new residential area) \.Y Blocks 36 & 37 (new residential area) 0 u-Q— Landfall Lake Zone Totals to Landfall Lake Total DA Impervious (acres) I Area (AC) 75.92 37.96 39.56 0.00 58.50 20.48 17.76 0.00 11.54 5.53 22.77 6.01 250.53 e:follb 2 S 7nc(�es 5lyeet , Yu ke I56111) 12 05 desFei KA S 19.35 Adu21144 F-- 0 3Co l01 s � scxx� 1.72 1.61 2 0.00 S 86.65 Note: See attached calculations for more detailed information about each of the areas described above. pond da summary.xls THE JOIIN R. McADAMS COMPANY, INC. ��1I11 P.O. Box 14005 Research Triangle Park, North Carolina 27709 (919) 361-5000 Fax (919) 361-2269 ��Q PAGE ��pp J R McA JOB NO. Ids —� �� DATE �'� I'� BY DAC� CHECKED Bv_ CLIENT SUBJECT �t�c'N�'ri �t -A 1.f�1-1TL%IGE c Tc AL, TcD Dg,A-) A -+-, kzeA = zso, 53 A-,, C h1571r.Y> ��1ret�tFtLL A? -EA OF (Date) Tf!✓ I�ScS!r�> �gtC�'ti%i� .�i'er� ��1r�S D��Ar`-r^-�� I-irr'�i ��t-:.'C; 1,21 3, � � S � /�-G IZ-. TFns ��}y.•i' k.� t�EA IS Cz►.x1c..�-�i-tom ih ., Aj:�-Q' = 70AL- 06I,�,=,-fe-1jA r-73 AAatA IS 39-q l Alf Tco- Tt)E� Q:r-o iSCi3) 7�e G-1, zG hc—A -1'ri• eJ Ar lM�lcc., (wlLk_ L Iu.Lc�L kxtop e PN -r TcTAt- e� I i,3 1 M-P, F (S�ItIc C .F GrtF~� keA DA - 1J6,1.o Ae-,- kt A = 20-+b AG IMMMF 6x(sTl C-cLr Calz tDA = 0%'li"A?, a THE .4N R. McADAMS COMPANY, INC. I P.O. Boxx 14005 iL;-••• Research Triangle Park, North Carolina 27709 AM (919) 361-5000 Fax (919) 361-2269 j-^u /1�q^ ��/ PAGE J R NeA JOB NO. LM -M'�..YO DATE /—•%�-�� _. 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L P.O, Box 14005 e ; Research Triangle Park, North Carolina 27709 tl "" (919) 361-5000 Fax (919) 361-2269 J A MaA JOB NO. — CLIENT SUBJECT - BL.� 31 DATE BY Lc�-(DVA' = I�I0go5F I, Cz) t A a 7-3, � SF LOTr d DA = 71,97o PAGE OF CHECKED BY _ (Date) @ 3r2% PLc- k, 5F IPiW iuvs = 44S-6SF ,I = Igo,IZssF- (d.soA,-) Tc ^4. IMFrrvt�_+5 �u(I 1G= ) el cz.!'a' '�43-7 = 10,ZI Z Sr- �I,(,l Ae,) L&x. --Au. t,Aer=E kz,�FA 13,cn k,(ono lNl zv 1s THE JOHN R. McADANIS COMPANY, INC. P.O. Box 14005 L-••p• Research Triangle Park, North Carolina 27709 ..... (919) 361-5000 Fax (919) 361-2269 �.(� PAGE J R McA JOB NO, ?� DATE -31 -16 BY CHECKED BY CLIENT PROJECT SUBJECT OF (Date) Tout, R 10 S. rCPA E� Tie v.aD: f-r_' l,s S,p-:r',t = 21, 2'!%L- clr W,UAALh Y2'L = S O 11 I II 1,G STc2a1 fC pt �.. ^ntrJ (1,>ttlE' �- Ivmz1 ei 4 t7 i%` r•1 Fn'o b, zy- 1,6 u V- D Sm?nt_-E� pfc ( tA= @. cA> 0.C5 + o,---v,I"_'! IF f VCLUvw� = �I,S�p�t,ti,1..�r�I2t�� - �S�1Z,�1`i`iGF pR,E60 = AG2,CP19 Cr o!C- [VGL(,tME �THE JOHN R. N1cADAMS COMPANY, INC. �L P.O. Box 14005 ��E Research Triangle Park, North Carolina 27709 (91.)361-5000 Fax (919) 361-2269 q,y PAGE J R McA JOB NO. �140LO DATE ���I — I V BY T-� CHECKED BY_ CLIENT PROJECT SUBJECT 7 OF (Date) �ra, 'Po�- AT EL, S,O) ; , 4�A = 6'Mla 116 SF � �I tt-?-, 1-�- j U A- - os'c' e- 3d . ('% I mp �� 90'�v TSS = Z1o,2v'v > S4 pc2� o o� j weaTl--�o s%p4cr-1 THE C.k;rnr rii. ! - ! INJeQo SIPHnb VI �J C wn1 �LfrLfF �Qcr�1 , �j( RAJ 4f1.,C I;► des. State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office .lames B. Hunt, Jr., Governor Wayne McDevitt, Secretary Division of Water Quality April 29, 1998 Mr. Keith Cooper, P.E. Landfall Associates PO Box 5368 Wilmington, NC 28403 ST I Adllllftm�ZRAJ a NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: Deed Restriction Language for Landfall Subdivision Stormwater Project No.SW8 951210 New Hanover County Dear Mr. Cooper: This letter will serve to clarify the Division's requirement for certain restrictions on lot drainage within sections of Landfall that are high density and served by a detention pond or other engineered system. The intent of the language is to make sure that all the impervious area on each lot is directed into the engineered system. The conditions required by the permit apply to lots that will not naturally drain into the permitted system. If the lot will naturally drain into the system in any way, it is not subject to the conditions concerning grading toward the street, guttering, or constructing perimeter swales. Recently, I have begun using new language in the permits in an attempt to clarify this point. The new language is "All runoff on the lot must drain into the permitted system. This may be accomplished through providing roof drain gutters which drain to the street, grading the lot to drain toward the sweet, or grading perimeter swales and directing them into the system or street. Lots that will naturally drain into the system are not required to provide these measures. " I hope this information will relieve any fears for potential homeowners concerning the grading on their lot. When the permit for Horseshoe Lake is revised later, I will incorporate this language. Sincerely, Gd� '4k-' Linda Lewis Environmental Engineer RSS/arl: S:\WQS\STORMWAT\LETTERS\951210.APR cc: Linda Lewis 127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper L� 1524 April 6, 1998 isTRIJI Ms. Linda Lewis Environmental Engineer I Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, NC 28405 RE: Stormwater Project No. SW8 951210 Landfall -Upper Pond @ Horseshoe Lake New Hanover County Dear Ms. Lewis: Landfall Associates requests the referenced stormwater certification be transferred to the homeowners association. The following documents are enclosed for your use in completing the transfer: (1) Completed Permit Name/Ownership Change Form (2) Articles of Incorporation (3) Minutes appointing officers (4) Engineers certification of current condition of stormwater facility Please let me know if you have any questions concerning this matter. Sincerely, S. 6yc� a� S. Keith Cooper, P.E. Director of Land Development SKC:ls enclosures LANDFALL ASSOCIATES • P.O. BOX 5368, HANOVER CENTER STATION • WILMINGTON, NORTH CAROLINA 28403 • 919-256-6111 April 6, 1998 4R&JI Ms. Linda Lewis Environmental Engineer I Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, NC 28405 RE: Stormwater Project No. SW8 951210 Landfall -Upper Pond @ Horseshoe Lake New Hanover County Dear Ms. Lewis: This letter is to certify that I have personally inspected the referenced stormwater project. The site is in compliance with the stormwater certification. Sincerely, S•%`�tN 111111111111„� CARp�%. S. Keith Cooper, P.E. tQ SEAS Director of Land Development _ 12564 ° Registration No. 12564 V ✓�,9�pFl:!!CINF,��"GQ``���' `a ifEITH o% ''��0111EOIiL46ltEt LANDFALL ASSOCIATES • P.O. BOX 5368, HANOVER CENTER STATION • WILMINGTON, NORTH CAROLINA 28403 • 919-256-6111 J�, . LCtEe t mm; i Feb 27 198 15:31 0 K 1 19-2567650 State of North Carolina �. ' Deparkiient of Envirozunent and Natural Resources 1 Wilmington Regional Offiee Wayne McDevitt, Secretary Jaules B. Hunt, Governor FAX COVER SHEET No. ages: Date" rom I-ind To: ie4h C CO CO: L I i AX#: -3 4. FAX #: S c �h� nurn{�eis � n'NMA'IiiCS: O r :. Y/., lnI-zn'I(� C4' h12lGF voile 2 '5vT? X`l °o Wllmiugton, N.C. 3849 JUS Trlephone (930) 395-3900 Fsi (910) 350.3004 Q I27 Cardinal DrWe Bi1en91Ann )r4u,l Opportuniky Affirmative ACtien C1npluYrr (S 4 32 DETENTION POND ANALYSIS PROJECT #: SW8 951210 FILE NAME: S:\WQS\POND\951210.WK1 REVIEWER: arl PROJECT NAME: Upper Pond @Horseshoe Lake DATE: 27-Feb-98 Drainage Basin: Horseshoe -Lake Class C Chlorides n/a Site Area square feet Drainage Area 10870834 square feet Area in Acres 249.560009 acres (260 - 10.44 pond area) IMPERVIOUS AREA Blocks 29, 36, 37 @35% square feet Streets / L 1 LLB square feet Future Residential @50% square feet Drayton Point (970610) l -f i/ / square feet Block 45 Z Z' Z' square feet Tract B former MF tract @85% / / / el Zsquare feet Block 46, Lots 8-11 / i i /1 square feet TOTAL OIf square feet % IMPERVIOUS 0.00% Pond Depth: SURFACE AREA CALCULATION 60 loot 2 Includes 40R, 43R 36 lots @5000, plus roads 12 lots @50% covered at 85% until revised (@35%) 5 TSS: SA/DA 5.000% Req. SA 543541.71 square feet Prov. SA 454766 Isquare feet [From plan Contours] VOLUME CALCULATION Bottom 0 MSL Perm. Pool MSL Design Pool 6 MSL Design SA 566530 square feet [From plan Contours] Req. Volume 45295.1417 cubic feet Rv= 0.05 Prov. Volume 5106481 cubic feet SA @ Elevation= ORIFICE CALCULATION .o] Avg. Head = 0.5 ft Flow Q2, cfs 2.95513889 Area, in' 124.986 Dia 2, inches 12.61495 Flow Q5, cfs 1.18205556 Area, in 49.99438 Dia 5, inches 7.978397 Engineer uses 7 x 4 Inches Area = 87.9646 in Q, cfs = 2.0798146 Drawdown 2.841:733 days COMMENTS Surface Area, Volume and Orifice are within Design Guidelines. + State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office James B. Hunt, Governor FAX COVER SHEET Date: 2 — 269 -qS To: K6kh Ca Pe* - CO: L-z-�I( Asscc. FAX #: 2SCv 17050 Wxzi) WI NAVAC Wayne McDevitt, Secretary No. Of Pages: C From: LiAd a L zwi 5 CO: FAX#: 910-350-2004 8 -the huivre- re5rden hat (2 5076, -1s %I'2 5vme G bos 2 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 Telephone (910) 395-3900 Fax (910) 350-2004 An Equal Opportunity Affirmative Action Employer V01'a z 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 February 25, 1998 Mr. Keith Cooper, Director of Land Development Landfall Associates, Inc. PO Box 5368 Wilmington, NC 28403-5368 Dear Mr. Cooper: AA 4#Vi r� v NCDENF1f-��n NORTH OLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: Permit Modifications for Upper Pond @Horseshoe Lake Stormwater Project No. SW8 951210 New Hanover County The Wilmington Regional Office is in receipt of your February 5, 1998 letter concerning some "excessive" permit requirements for the subject project. The statements in question have evolved over time in response to the common compliance problems the Region was seeing in high density subdivisions. A high density subdivision has always been required to provide some means of routing runoff from the impervious areas of the lot to the pond. We leave this means up to the developer, however, the deed restrictions must contain language as to the fact that the collection and routing of runoff to the pond is required and list the means with which to accomplish this. I will make the change concerning the double -permitting of SW8 970633, and delete it from SW8 951210's permit. Thank you for 1&ging this to my attention. As previously discussed, you can alleviate this problem in the future by listing the specific lot numbers that match up to delineated drainage area maps with specific boundaries, block number boundaries, section/phase lines, etc. clearly noted. We as developers, engineers, and regulators understand what it means to "modify" a permit and what is and isn't allowed as far as CAMA regulations are concerned, but the average consumer is completely unaware of these things. In order to be fair to these people, and maintain compliance with the intent of low density development, it was Raleigh's decision to place these requirements in the permit. I will not remove them from the permit, however, you have the right to adjudicate any permit condition by following the instructions on the transmittal letter of the permit. The thirty day period ends today, however, I believe if you enclose copies of your February 5, 1998 letter and this response, you should be heard. 127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper Mr. Cooper February 26, 1998 Stormwater Permit No. SW8 951210 If you have any questions, please do not hesitate to call me at (910) 395-3900. Sincerely, A�O ot��U XL- =- Linda Lewis Environmental Engineer RSS/arl: S:\WQS\STORMWAT\LETTERS\951210.FEB cc: Linda Lewis Bradley Bennett Central Files J'a"did February 5, 1998 Ms. Linda Lewis Wilmington Regional Office Department of Environment and Natural Resources 127 North Cardinal Drive Wilmington, NC 28405 RE: Permit No. SW8 951210 Landfall - Upper Pond @ High Density Subdivision New Hanover County Dear Ms. Lewis: Horseshoe Lake Stormwater Project FEB 0 6 1998 C6/2 Landfall Associates requests that your office reconsider some of the statements and conditions in the referenced stormwater permit. These items are as follows: "Design Standar s" Item 2 includes Horseshoe Island Lots 1-7 (96,962 ft. ). These 7 lots, also known as Lots 1-7 Block 46 Landfall Subdivision II, are permitted by Stormwater Permit No. SW8 970633. It is our contention that these 7 lots should not be included under permit number SW8 951210 since (1) the 7 lots do not drain into the Upper Lake (a.k.a. Landfall Lake) and (2) the 7 lots are permitted by a separate certification. Horseshoe Island Lots 1-7 are also included on the "Division of Water Quality Project Data Sheet." We believe this reference should also be deleted due to the reasons noted above. Some of the restrictive covenant requirements are, in our opinion, excessive. The recorded covenants address Items 6.a. and 6.b. A copy of the recorded covenants is included for your information. Item 6.c. is a restatement of Item 6.b. Item 6.d. is a restatement of coastal development regulations. We believe it is excessive to be required to include this statement in the covenants. LANDFALL ASSOCIATES • P.O. BOX 5368, HANOVER CENTER STATION • WILMINGTON, NORTH CAROLINA 28403 • 919-256-6111 February 5, 1998 Page Two Items 6.e., 6.f. and 6.g. all deal with routing flow to the lake. Either by natural slopes or the installation of the drainage system all lots addressed by this permit drain to the Upper Lake. We believe it is better to allow the Individual lot owner to decide whether or not roof drains are needed and whether or not the lot should be graded. Requiring roof drains and lot grading does not improve the drainage conditions for these sites. We request that Items 6.e., 6.f. and 6.g. be deleted from the permit. We invite you to visit the site to inspect these conditions, if necessary. Sincerely, S. Keith Cooper VVV Director of Land Development SKC:Is enclosure