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HomeMy WebLinkAboutSW8950506_Historical File_19980910State 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, President Landfall Subdivision II Owner's Association 1616 Dye Place Wilmington, NC 28405 Dear Mr. Cooper: 4 •ISM r • NCDENF1 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL REsOUROEs September 10, 1998 Subject: Permit No. SW8 950506 Landfall Clubhouse High Density Stormwater Project New Hanover County The Wilmington Regional Office received a request to transfer ownership of the Stormwater Management Permit for Landfall Clubhouse on April 8, 1998, with final information on August 28, 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 950506, dated September 10, 1998, for the construction ofthe project, Landfall Clubhouse. This permit shall be effective from the date of issuance until September 10, 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. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact Linda Lewis, or me at (910) 395-3900. Sincerely, RSS/arl: cc: Rick Shiver Water Quality Regional Supervisor S:\WQS\STORMWAT\PERMIT\950506. SEP Amos Clark, P.E. T ony 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 9.10-395-3900.-.--FAX 910-350-2004 - ---An-Equal Opportunity Affirmative Action Employer' . -- - :•--50% recycled/10% post -consumer paper State Stormwater Management Systems Permit No. SW8 950506 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 Landfall Clubhouse 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 September 10, 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 drainage area of the pond includes 10 lots off Sun Runner Court, each allowed 50% of the lot area as built -upon area, for a total lot impervious of 189,640 ft2. The clubhouse project, including buildings, cart paths, sidewalks, parking is limited to 201,617 ft2, and Sun Runner Court Extension is limited to 56,108 W. 3. Approved plans and specifications for this project are incorporated by reference and are enforceable parts ofthe permit 2 State Stormwater Management Systems Permit No. SW8 950506 DIVISION OF WATER QUALITY PROJECT DATA SHEET Project Name: j ` Landfall Clubhouse Permit Number: 950506 Location: New Hanover County Applicant: Mr. S. Keith Cooper, President Mailing Address: Landfall Subdivision II Owner's Association 1616 Dye Place Wilmington, NC 28405 Application Date: April 8, 1998 Water Body Receiving Stormwater Runoff. Graham Lake Classification of Water Body: "C" If Class SA, chloride sampling results.- n/a Pond Depth, feet: 5.5 Permanent Pool Elevation, FMSL: 10.65 Total Impervious Surfaces, ftz: 447,365 (10 lots at 50% 189,640 Sun Runner Court Extension, ft2 56,108 Clubhouse project, ftz 201,617 Offsite Area entering Pond, ftz: 208.4 acres @ .42 Required Surface Area, ftz: 28,120 Provided Surface Area, ftz: 62,500 Required Storage Volume, ft3: 25,080 per SCS Provided Storage Volume, ft3: 25,657 Temporary Storage Elevation, FMSL: 11 - Controlling Orifice: 3 pipes, each 2" - - 3 State Stormwater Management Systems Permit No. SW8 950506 4. 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. N 5. 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. 6. 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. 7. 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. II. SCHEDULE OF COMPLIANCE 1. 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 its 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. 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 anc� specifications,=d, other,supporting..documentation.._Any .deviations. -from the-up-pxczved plans and specifications must be noted on the Certification. 4. Decorative -spray fountains will not be allowed in the pond 4 State Stormwater Management Systems Permit No. SW8 95050 5. 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. 6. 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. 7. 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 I, Part 2. The recorded statements must follow the form: a. The maximum built -upon area per lot is 50% of the lot area. Built -upon area includes 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. "All runoff on the lot must drain into the permitted system. This may be accomplished through providing roof drain gutters which drain to the street, grading the lot to drain toward the street, or grading perimeter swales and directing them into the pond or street. Lots that naturally drain into the system are not required to provide these measures." 8. 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. 9. 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-P-ermittee,,.dated,.stamped=w;ith.the deed book number and page, and bear the stamp/signature- of the Register of Deeds. State Stormwater Management Systems Permit No. SW8 950506 10. 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. 11. A copy of the approved plans and specifications shall be maintained on file by the Penmittee 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 1 Oth day of September, 1998. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION A. Preston Howard, Jr., P.E., Director Division of Water Quality By Authority of the Environmental Management Commission --Permit Number SW8 950506 W. State Stormwater Management Systems Permit No. SW8 950506 Landfall Clubhouse Stormwater Permit No. SW8 950506 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, ect) 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 DRT --)N OF EN'"RONr.NIEN7AL MA:NA( fENT DENSITY ENGINEERED PROJECT DATA Project Name Landfall Clubhouse & Block 24 Landfall Subdivision II Location (County, Township/Municipality, Address. State Road) Sun Runner Place, New Hanover Count Owner's Name Landfall Associates MailingAddress Post Office Box 5368 Wilmington, North Carolina 28403 Phone Number (910) 256-7646 Submittal Date Brief Description (include map and appropriate drawings) 1.43 acre pond (normal pool) on southwest side of prOlDosed clubhouse Name of Water Body Receiving Stormwater Runoff Pembroke Jones Lake (a. k. a. Graham Lake) Classification of Water Body C If SA miles, attach report of chloride sampling results waters, engineered system. and distance is < 0. 5 mg/1 State/Federal Permits/Approvals Reauired (Check appropriate blanks) CAMA Major Sedimentation/Erosion Control GP #439 404 Permit NWP #7 DEM/DHS Sewage Disposal Other (Specify) NPDES Permit NCGO10000 CALCULATION OF BUILT L'PON AREA Built upon area means that portion of a development that is covered by impervious or partially pervious cover including buildings, pavement, recreation facilities, gravel, etc., but not including wood decking. If the project includes areas draining to different water classifications. please note them separately below- CIassification Built upon area Total Project Area o Built upon Area Allowable B/U Area Subwatershed C 8.96 Ac 19.56 Ac 45.8% 5.87-WE— Subwatershed Is the Project B/U Area <- the Allowable B/U Area? No (If no. o Built upon area = (built upon area / total project area Built upon area limits for projects to meet density: SA waters --- 25 0, STORMWATER COLLECTION SYSTEM re-submI%�e�i (n- Z 7- 9 S an engineered system is required.) Other --30% Describe how the runoff will be treated Wet detention pond with a storage ;cool for runoff from the 1- storm, inverted siphons to main -Lail, normal pool and draw down for the storagre pool, and a weir to pass the lar5Zer storms E C E I V E DD, MAY t 5 1995 DEM rp.0J 15W8gs0S0(o r-U FFER AREA Is the built upon area at least 30 feet from mean high water of all surface waters? Yes If no, piease provide a description (Note: Only boat ramps, public roads, public bridges, and walkways to water related facilities are allowed within 30 feet of the mean high water line if the project is intended to meet stormwater controi requirements through density limits.) DEED RESTRICTIONS AND PROTECTIVE COVENANTS By my signature below, I certify that the recorded deed restrictions and protective covenants for this pro iect shall limit the allowable built -upon area per lot to --W -0 x 4=Qinclusive of right-of-way, structures, pavement, walkways or patios of brick, stone, or slate, not including wood decking, state that the covenants will be binding on all parties and persons claiming under them, that they will run with the land, and that benefits may be enforced by the State of North Carolina, therefore. the covenant cannot be changed or deleted without consent of the State. fa eI f, CERTIFICATION 1, S - Keith Cooper , certify that the information included on this submittal form is correct, that the project will be constructed in conformance with this information, and that to the best of my knowledge, the proposed project complies with the requirements of 15 NCAC H.1003 (b). I authorize the below named person or firm to submit stormwater plans on my behalf. and agree to abide by the deed restriction staVaient above. oe s Signature l/ Provide authorized perso or firm name and address below - Date S . Keith Cooper Landfall Associates Post Office Box 5368 Wilmington, North Carolina 28403 I•- Sar0-1, P . , allotary Public for the State of �J County or ►tips,, ��..ra „� do hereby certify that S, 1(�, ,fin —' appeared before me this (S-fC day of j'Vi 19 0� C���" personaii} of ;.he foregoing instrument. Witness my hand an official seal, �' and acknAwiedges the due execution „du.u.•...:p '`� H• Gq� CIO Q.N0TaRys �' y :2 My commission expires 7XV y PUBLIC..: �J f DIVISION OF E.NVIRONMENTAI, MANAGF1iIE'N'T SIGRVM1� Regional Office Z5 -!!6- U(X CIS Date Date Evaivaung Plans Quality Supervisor cc: ApplicantVWiRO/Bradley BennettiCentral Files THE JOHN R. McADAMS COMPANY, INC. P.O. Box 14005 Research Triangle Park, North Carolina 27709 (919) 361-5000 Fax (919) 361-2269 PAGE OF ( J R McA JOB NO. LFp' 'O�SDW DATE I � � BY DAC,CHECKED BY CLIENT LAgDF&L AS;6944 ' M PROJECT iANDFA -i CtMERIA45 ( to % SUBJECT SUNIZUNNIM CCUI?►T Ldf "ZWO SuNWNkkV- ''VgX L 5r LOT M_AY, lr IMM�vious Azak (Q solo) r I 41453E sF 20-743 Sr- Z 3794� . sF MOO 3 Sr- 3 3010 SF 1 '74o5 sr 4 36515 5F 10438 5F S 3674 3 SF It&37Z sF 46-2-61 sr- 23134 sF 7 54050Sr- 2174Z5 sr_ S 30100 55: 15050 5F q 30100 5F I Soso sr- l0 301CZ7 gr- 15050 sr ST01"im WAFEIPI p ECEl � D JUL 2 1 1995 DEM moJ SWB . 9'505 STORMWATER POND MAINTENANCE REQUIREMENTS D E C E I V E AUG 8 D Pro ect Name: 2 1998 � Landfall �'lubhouse D PROJ # E A4 Permittee: T,anAfal T St�bflivision Tuners AQsnciaxion, Tnc. Address: 1616 Dye Place Wilmington, NC 28405 PhoneNO. (910) 256-7646 I. Monthly, or after every runoff producing rainfall event, whichever comes first: A. Inspect the trash rack; remove accumulated debris, repair/replace if it is not functioning. B. Inspect and clear the orifice of any obstructions. If a pump is used as the drawdown mechanism, pump operation will be checked. A log of test runs of the pump will be kept on site and made available to DWQ personnel upon request. C. Inspect the pond side slopes and grassed inlet swales; remove trash, and repair eroded areas before the next rainfall event. D. If the pond is operated with a vegetated filter, the filter will be checked for sediment accumulation, trash accumulation, erosion and proper operation of the flow spreader mechanism. Repairs/cleaning will be done as necessary. 11. Quarterly (Four times a year): A. Inspect the collection system (ie. catch basins, piping, grassed swales) for proper functioning. Accumulated trash will be cleared from basin grates, basin bottoms, and piping will be checked for obstructions and cleared as required. B. Pond inlet pipes will be checked for undercutting. Riprap or other energy dissipation structures will be replaced, and broken pipes will be repaired. III. Semi-annually (twice a year): A. Accumulated sediment from the bottom of the outlet structure will be removed. B. The forebay depth will be checked at various points. Sediment removal is required when the depth is reduced to 75 % of the original forebay design depth of 5.5 feet' C. Grassed swales, including the vegetated filter if applicable, will be reseeded twice a year as necessary. POND MAINTENANCE REQUIREMENTS PAGE 2 IV. Annually (Once a year): A. The pond depth will be checked at various points. Sediment removal is required when the depth is reduced to 75 % of the original design depth or 3' , whichever is greater. Design depth is 5.5 feeL measured vertically from the orifice down to the pond's bottom. Sediment must be removed to at least the original design depth. V. General: A. Mowing of the side slopes will be accomplished according to the season. Maximum grass height will be 6". B. Cattails are encouraged along the pond perimeter, however they will be removed when they cover more than 1/2 the surface area of the pond. The best time to cut them is at the end of the growing season, in November. Environmentally sensitive chemicals for use in killing cattails can also be used. Contact your nearest Agricultural Extension Agent. C. The orifice/pump is designed to draw down the pond in 2-5 days. If drawdown is not accomplished in that time, the orifice will be replaced with a larger or smaller orifice. Slow drawdown may be attributed to a clogged system. The source of the clogging will be found and eliminated. D. All components of the detention pond system will be kept in good working order. Repair or replacement components will meet the original design specifications as per the approved stormwater plan. If previously approved components are determined to be ineffective, the component must be redesigned and/or replaced. VI. Special Requirements: Kai tb ronpar president __. , hereby acknowledge that I am the financially (please print cr type name clearly) responsible party for maintenance of this detention pond. I will be responsible for the performance of the maintenance as outlined above, as part of the Stormwater Management Permit received for this project. Signature: J, Date: Pj President, Landfall ubdivision II Owners Association, Inc. Revised 2/25/97 �susL v: l mt, t as t astisc vsSe aCL Department of Environment, Health. and Natural Resources 4 • 0. Dlv[Glon of Environmental Management James B. Hunt, Jr., Governor y Jonathan B. Howes, Secretary E H N F=?L A. Preston Howard, Jr., P.E., Director • WAFER QUALITY SECTIM-IRUWATER rr 7VAXXV1nWVV1Dcury ruA]►r I. CURRENT PERMIT INFORMATION; ' D E C E I V E -D Permit Number: S W 8 9 5 0 AUGA�G 2 81998 D E M I. Permit holdees name-, Landfall Associates PROJ # 2. Permit's signing official's name and title:_ 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: ( 9 t o ) 256-7rz r, 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 X c. Other (please explain): Transfer operation and maintenance responsibilities to homeowners association. Landfall Subdivision II Owners Association, 2. New owner's name (name to be put on permit): 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 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. 111401011 • :i• 1. This completed application 2• PieeesskVee WE (Checks to be made payable to DEHNR) rref-CYI e* r e . 3. If an ownership change, legal documentation of the transfer of ownership (such as a contract, deed, articles of incorporation) CERTIFICATION MUST 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: 1, S . Keith Cooper ,attest that this application for namelownelship change has been reviewed and is accurate and complete to the brisk of my knowledge. I understand that if all required parts of 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. /y Signature•, Applicant's Certification: L , attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of 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, INCLUDING ALL SUPPORTING INFORMATION AND MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDRESS: e �o North Carolina Departm of Environment, Health, i Natural Resources UNDA LEWIs Environmental Engineer I Division of Environmental Managemer Water Quality Section 127 Cardinal Drive Extension (919) 395-3900 Wilmington, N. C. 2840"845 Fax: 919) 350-2004 LAUG 2 8 1998 $ BY: I August 24, 1998 il'-TRAid Ms. Linda Lewis Environmental Engineer I Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, NC 28405 Re: Stormwater Project No. SW8 950506 Landfall Clubhouse New Hanover County Dear Ms. Lewis: As requested by your August 13, 1998 letter we have executed and enclosed the Operation and Maintenance plan. Since this pond does not have a forebay, we inserted the pond design depth (5.5 feet) in that blank. Please let me know if you have any questions concerning this matter. Sincerely, S- &4 all � S. Keith Cooper, President Landfall Subdivision II Owners Association enclosure LANDFALL ASSOCIATES u P.O. BOX 5369, HANOVER CENTER STATION • WILMINGTON, NORTH CAROLINA 28403 0 919.25&.6111 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 August 13, 1998 Mr. Keith Cooper Landfall Associates PO Box 5368 Wilmington, NC 28403 r r AdWW0ddNWWd� ',M NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: Permit Transfer for Landfall Clubhouse Stormwater Project No. SW8 950506 New Hanover County Dear Mr. Cooper: The Wilmington Regional Office received your request to transfer the permit for Landfall Clubhouse to Landfall Subdivision II Owners Association on April 8, 1998. In order to continue with this transfer, please provide a new, signed Operation and Maintenance plan. The current O & M is signed in the name of Landfall Associates. I have enclosed a blank copy of an O & M to be signed and returned. pond. Additionally, please send in a copy of the recorded deed restrictions for the lots which drain into this Sincerely, et'yl� ee-� Linda Lewis Environmental Engineer RSS/arl: S:\WQS\STORMWAT\LETTERS\950506.AUG 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 April 6, 1998 Ms. Linda Lewis Environmental Engineer I Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, NC 28405 RE: Stormwater Project No. SW8 950506 Landfall Clubhouse 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, 0 �<����111 S1 i�;t S . Keith Cooper, P . E . •' Q%'r.9 Director of Land Development= SEAL i 125611 Registration No. 12564 9�•• •.•�4 '°°0+ttaea®saes*�° LANDFALL ASSOCIATES c P.O. BOX 5368, HANOVER CENTER. STATION a WILMINGTON, NORTH CAROLINA 28403 0 919-256-6111 RECEIVED � CpSP S�1 APR 4 81998 'BY: L April 6, 1998 Ms. Linda Lewis Environmental Engineer I Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, NC 28405 RE: Stormwater Project No. SW8 950506 Landfall Clubhouse 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, J. &-4 06�4� 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 0 919-256-6111 STATE OF ' NORTH CAROLINA Department o� The Secretarry of State To all Whom these presents shall come, Greetings: I, Rufus L. Edmisten, Secretary of State of the State of North Carolina, do hereby certify the following and hereto attached to be a true copy of ARTICLES OF INCORPORATION OF LANDFALL SUBDIVISION II OWNERS ASSOCIATION, INC. the original of which was filed in this office on the 11th day of April,1995. IN WnWESS WSEKQF, I have hereunto set my hand and affixed my official seal at the City of Raleigh, this IIth day of April, 1995. Secretary of State FILE.' ARTICLES OF INCORPORATION 9:00AM g; ! 02 o 0 4 3 OF APR 1 11995 LANDFALL SUBDIVISION. II OWNERS ASSOGIATION,FE t•JS L EDMISTEN SECRETARY OF STATE NORTH CAROLINA In compliance with the requirements of Chapter 55-A of the North Carolina General Statutes, the undersigned, a natural person of full age, has this day executed these Articles of Incorporation for the purpose of forming a non-profit corporation and hereby certifies: ARTICLE I The name of the corporation is Landfall Subdivision II Owners Association, Inc., hereinafter called the "Association." ARTICLE II The principal and registered office of the Association is located at 2011 Pembroke Jones Drive, Wilmington, New Hanover County, North Carolina 28405. ARTICLE III W. Scott Gilbert, whose' address is 2011 Pembroke Jones Drive, New Hanover County, Wilmington, North Carolina 28405 is hereby appointed the initial registered agent of this Association. ARTICLE IV PURPOSE AND POWERS OF THE ASSOCIATION The Association does not contemplate pecuniary gain or profit to the members thereof and no part of the Association's net income shall inure to the benefit of any of its officers, directors or members or any other private individual. The purposes and objects of the Association shall be to provide for administration, maintenance and preservation of the Common Area within that certain property described as follows: Lying and being in New Hanover County, North Carolina, and being more particularly described on Exhibit A attached hereto and incorporated herein by reference; and to promote the health, safety and welfare of the residents within the above described property and any additions thereto as may hereafter be brought within the jurisdiction.,,.of-_this Association, and for this purpose to: POD2179 (a) exercise all of the powers and privileges and to ;^ perform all of the duties and obligations of the Association as set forth in that certain Declaration of Covenants, Conditions and Restrictions, hereinafter called the "Declaration," applicable -to the.property and recorded or to be recorded in the Office of the Register of Deeds of New Hanover County, North Carolina, and as the same may be amended from time to time as therein provided, said Declaration being incorporated herein as if set forth at length; (b) fix,_levy, collect and enforce payment of, by any lawful means, charges or assessments pursuant to the terms of the Declaration; to pay all expenses in connection therewith and all office and other expenses incident to the conduct of the business of the Association, including all licenses, taxes or governmental charges levied or imposed against property which the Association is required to maintain; (c) acquire (by gift, purchase, lease or otherwise), own, hold, improve, build upon, operate, maintain, convey, sell, lease, transfer, dedicate for public use'or otherwise dispose of real or personal property in connection with the affairs of the Association; (d) borrow money and with the assent of two-thirds (2/3) of each class of Members, mortgage, pledge, deed in trust, or hypothecate any or all of the real or personal property which the Association is required to maintain as security for money borrowed or debts incurred; (e) dedicate, sell or transfer all or any part of the Common Area (other than Shared Common Area as defined in the Declaration) to any public agency, authority, or utility (including any entity authorized by an appropriate governmental body to supply cable television service) for such purposes and subject to such conditions as may be agreed to by the Board of Directors. No such dedication or'transfer shall be effective unless an instrument has been signed by a majority of the Board of Directors agreeing to such dedication, sale or transfer; (f) participate in mergers and consolidations with other non-profit corporations organized for the same purposes, - provided that any such merger or consolidation shall have the assent of two-thirds (2/3) of each class of Members; (g). annex additional residential property and Common Area pursuant to the provisions of Article X1, Section 1 of the Declaration; and (h) have and to exercise any and all powers, rights and privileges which a corporation organized under the -Non -Profit Corporation Law.of the State of North Carolina by law may now or hereafter have or exercise. - J - 2 - ARTICLE V MEMBERSHIP Every person or entity who..or which is a record owner of a fee or undivided fee interest in any Lot within the Property shall be a voting Member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. Such membership shall be appurtenant to and may not be separated from ownership of any Lot. ARTICLE VI VOTING RIGHTS The Association shall have two (2) classes of voting membership: Class A. Class A Members shall be all Owners other than Landfall Associates ("Declarant"). Class A- Members shall be entitled to one (1) vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be Members. The vote or votes for such Lot shall be exercised as they among themselves determine, but in no event shall more than one (1) vote be cast with respect to any Lot. Class B. The Class B Member shall be the Declarant, who shall be entitled to three (3) votes for each Lot owned by it. The Class B membership shall cease and be converted to Class A membership on December 31, 2005, or such earlier date as Declarant may elect, in writing, to convert its Class B membership to Class A membership. Notwithstanding anything to the contrary 'herein, until December-31, 2005, Declarant shall have the right to designate and select a majority of the Board of Directors of the Association. Whenever Declarant shall be entitled to designate and select any person to serve on -any Board of Directors of the Association, the manner in which such person shall be designated shall be as provided in these Articles of Incorporation and/or Bylaws of the Association. Declarant shall have the right to remove any person selected by it to act and serve on said Board of Directors and to replace such person with another person to act and serve in the place of any director so removed for the. remainder.of the unexpired term of the removed director. Any director designated and selected by Declarant need not be the Owner of a Lot. Any representative of Declarant serving on the Board of Directors of the Association shall not he required to disqualify himself from any vote upon any contract or matter ---between Declarant and the Association where Declarant may have a pecuniary or other interest. Similarly, Declarant, as a Member of the. Association, shall not be required to disqualify itself upon any contract or matter between Declarant and the Association where Declarant may have a pecuniary or other interest. - 3 - ARTICLE VII BOARD OF DIRECTORS The first Board of Directors.of._the Association shall consist of three (3) persons. Beginning with the second Annual Meeting.of the members of the Association, and at subsequent meetings unless changed by an amendment to the Bylaws, the Board of Directors shall consist of five (5) persons. Directors need not be members of the Association. The names and addresses of the persons who are to act in the capacity of directors until the selection of their successors are: Name S. Keith Cooper W. Scott Gilbert Shirley A. Mayfield Address 2011 Pembroke Jones Drive Wilmington, N.C. 28405 2011 Pembroke Jones Drive Wilmington, N.C. 28405 2011 Pembroke Jones Drive Wilmington, N.C. 28405 Subject to the right of Declarant to select and designate the Board of Directors, at the second Annual Meeting (in April, 1996) the Members shall select three (3) directors for a term of two (2) years and two (2) directors.for a term of one (1) year; and at each annual meeting thereafter the Members shall elect directors for a term of two (2) years. ARTICLE VIII DISSOLUTION The Association may be dissolved with the assent given in writing and signed by not less than two-thirds (2/3) of each class of voting Members. Upon dissolution of the Association, other than incident to a merger or•consolidation, the assets of the Association shall be transferred to one or more organizations devoted to purposes similar to those for which this Association was created, which organizations .are exempt organizations described in Section 501(c) of the Internal Revenue Code of 1986. ARTICLE IX DURATION The corporation shall exist perpetually. - 4 - ARTICLE X AMENDMENTS 1. Amendment of these Articles shall, -require the assent of Members entitled to cast sixty-seven percent (67%) of the total votes of the Association. ARTICLE XI INDEMNIFICATION The Corporation shall indemnify any director or former director and any officer or former officer of the Association against all expenses and liabilities, including attorneys' -fees, reasonably incurred by or -imposed upon him in connection with any action, suit or proceeding to which he is made a party or threatened to be made a party by reason of his being or having been a director or officer of the Association, except in relation to matters as to which he shall be adjudged in such action, suit or -proceeding to have acted in bad faith or to have been liable or guilty by reason of willful misconduct in the performance of duty. Expenses incurred by any person indemnified hereunder in defending an action may be paid by the Association in advance of the final disposition of such action if authorized by the Board of Directors in the specific case, upon receipt of an undertaking by or on behalf of the indemnified person to repay such amount if it shall be ultimately determined that he is not entitled to be indemnified by the Association pursuant to this Article or otherwise. Notwithstanding any other provision of this Article or the Bylaws, in the event of a claim for reimbursement or indemnification based upon a settlement by the director or officer seeking reimbursement or indemnification, the indemnification shall apply only if the Board of Directors approves in advance such settlement and reimbursement as being in the best interests of the Association. This indemnification shall be in addition to any other indemnification to which directors and officers are entitled, by law or under these Articles. The indemnifications provided herein may not be reduced retroactively, but any reduction or limitation shall have prospective effect only. ARTICLE XII' INCORPORATOR The name and address of the incorporator is as follows: Name Address Pamela D. Duncan 1500 Renaissance Plaza 230 North Elm Street Greensboro, N.C. 27401 - 5 - IN WITNESS WHEREOF, I, the undersigned incorporator, have hereunto.set my hand and seal this CoR day of & rLa 1995. a c• - (SEAL) P mela D. Duncan Incorporator NORTH CAROLINA COUNTY THIS IS TO CERTIFY, that on the day of before me, a Notary Public, personally appeared PAMEA D. DUNCAN, who I am satisfied is the person named -in and who executed the foregoing Articles of Incorporation, and I having first made known to her the contents thereof, she did acknowledge that she signed and delivered the same as her voluntary act and deed for the uses and purposes therein expressed. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this the Ali day of tZ3Aa• 1995. My Commission Expires: l-lz1�g9 (Notary Stamp/Seal) Cy" 1 Notary Public - 6 -- Exhibit A All of'that land shown on the plat entitled "Landfall Subdivision II, Block 19,"-which..appears of record in the Office of the Register of Deeds of New Hanover County, North Carolina, in Map Book 34, Page 341 ("Block 19");.and All of that land shown on the plats entitled "Landfall Subdivision II, Block 23," which appear of record in the Office of the Register of Deeds of New Hanover County, North Carolina, in Map Book 34, Pages 342, 343, 344, 345 and 346 ("Block 23"). ,j Yr• MINUTES OF ACTION OF BOARD OF DIRECTORS OF LANDFALL SUBDIVISION II OWNERS ASSOCIATION, INC. IN LIEU OF AN.ORGANIZATION MEETING The following action was taken by the Board of'Directors of Landfall Subdivision II Owners Association, Inc. in lieu of an organization meeting by this written consent thereto signed by all of the directors of the corporation: (1) RESOLVED, that the bylaws in the form made available for examination by each director of the corporation be and hereby are adopted as the bylaws of the corporation and shall be inserted in the minute book of the corporation immediately following the Articles of Incorporation and preceding these minutes. (2) RESOLVED, that the following seal be and hereby is approved -.and adopted as the seal of the corporation: C3`t o' `. N!1 SSA§ (3) RESOLVED, that the following persons be and hereby are elected to serve as officers of the corporation until the next annual meeting of the Board of Directors and until their respective successors are chosen and qualified: President Vice President Secretary and Treasurer Assistant Secretary S. Keith .Cooper W. Scott Gilbert Shirley A. Mayfield W. Scott Gilbert (4) RESOLVED, that NationsBank, N.A., Wilmington, North Carolina, be and hereby is designated as a depository of._.t.his corporation and that a checking account be opened and maintained in the name of the corporation with said bank. J FURTHER RESOLVED, that the banking resolutions set forth in the form made available for examination, by each director.,_ a copy of which is attached to and made a part of -these' minutes as Exhibit A, be and hereby are approved and adopted, and that the Secretary of this corporation be and hereby is authorized to certify to the passage of said -resolutions under the seal of the corporation. (5) RESOLVED, that the officers of this corporation be and hereby are authorized and directed, in the name and on the behalf of the corporation, to make or cause to be made, and.to execute and deliver, all such additional agreements, documents and instruments, and to do or cause to be done all such acts and things, and to take all such steps, as they may deem necessary and advisable to carry out fully the purposes of the foregoing resolutions. This action is effective as of the r4L day of , 1995. Z��. S ith Cooper W. Scott Gilbert /4Shrlejy,. Mayfield - 2 - 7 :1C.i;; .`apt 1 9 ri 6 $ 8 ;; VERIFIED .';E OOTS THE ATTORNEY PREPARING THIS INsTRONPHT �.-'':`;"R U DEEDS r HAS MADE NO RECORD SEARCH OR TITLE rlc:i !-:+HOVER CO. NC EXAMINATION AS TO THE PROPERTY HEREIN DESCRIBED. UNLESS THE SAME IS SHOW BY HIS Q ►uJ�n���� po mm 'y This DoCfi5a Egelpsltu 5 WRITTEN AND SIGNED CERTIFICATE. Douglas A. Fox, Attorney at Law P.O. H05110-010-001-000 Box 479, WilminCton, N.C. 28402 Revue Stamps $229.00 STATE OB NORTH CAROLINA, COUMM OF NEB HANOVER THIS DEED, made this the 7th day of November 1995, by LANDFALL ASSOCIATES, a North Carolina General Partnership in the form of a Joint Venture, composed of FHK Landfall Associates Limited Partnership, a North Carolina limited partnership with its principal place of business in orange.County, North Carolina, and Midway Properties, Inc., a North Carolina corporation with its principal place of business in Guilford County, North Carolina, GRANTOR; to JOW E. HONESTRAD and wife, SUSAN H. EDIMSTRAD, (mailing address being 55 Post Lane, Bernardsville, NJ 07924) GRANTEES; Oft%G 9PI111 88SETH: THAT the said GRANTOR in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations to it paid by the said GRANTEES, the receipt of which is hereby acknowledged, has bargained and sold, and by these presents does bargain, sell, and convey unto the said GRANTEES, their heirs and assigns, a tract or parcel of land in the County of New Hanover, and State of North Carolina, more particularly described as follows: Clark NrWloh.43 i4MCte®e.[I P: Q2� pl. ft,i p�n V �¢S moo).11 4ACI 3958" i9119 0659 BRINE} all of Lot 10, Block 29, LMMVALL SUBDIVISION II AT LANDFALL OUBDIVISION, according to the plat and survey thereof as recorded in Map Book 34, at Page 351, New Hanover County Registry, to which plat reference in hereby made for a more particular description of same. TOGETIM WITH the rights, responsibilities and easements contained in the Declaration of Covenants, Conditions, Easements and Restrictions for Landfall Subdivision II at Landfall Subdivision, recorded in Book 1871, at Page 205, New Hanover County Registry, and as amended by that Amendment recorded in Book 1887 at Page 1179, New Hanover County Registry and all Amendments thereto. M This property is conveyed and accepted subject to easements of record affecting said p property; the provisions of applicable zoning � o and land use ordinances, statutes and a regulations; and 1995 ad valorem taxes. This property is further conveyed and accepted4D subject to the Declaration of Covenants, 4* Conditions, Basements and Restrictions for 0 Landfall Subdivision II at Landfall Subdivision recorded in Book 1871, at Page W `D 205, New Hanover County Registry, and as o — a amended by that Amendment recorded in Book ffi m 1887 at Page 1179, New Hanover County Registry -WIN and all Amendments thereto. x a Grantor makes no warranty as to any portion of the property conveyed herein which is located below the mean high water mark of any adjoining or abutting waters. TO SAVE AND TO SOLD the aforesaid tract or parcel of land and all privileges and appurtenances thereunto belonging to the said GRANTEES and their heirs and assigns forever. AND the said GRANTOR does covenant that it is seized of the said premises in fee and has the right to convey the same in fee simple; that the same are free from encumbrances; and that it will vim.. i9t19 0660 WARRANT and DBFffiW the said title to the same against the claims of all persons whatsoever. IN TSSTDWXY WHEREOF, Shirley A. Mayfield and S. Keith Cooper , Authorized Agents of Landfall Associates, a North Carolina Joint Venture (General Partnership), have signed this instrument for and on behalf of The Joint Venture under authority granted by instrument recorded in Book/1832 at Page ^"27 tf the New Hancver Ccuznty neg__t_y the day and year first above written. LANDFALL ASSOCIATES, a North Carolina Joint Venture (General Partnership)(Seal) B (Seal) 4m* zed Agen A. Mayfield By: (Seal) : �horizd&-Agent /S. Keith Clooper STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER Y a NW u is n �an�Pbr the State of NorthCarolina and Count ofhereby certify that Shirl,ev A. Mav£and S. Keith Cooper personally appeared before me this day and acknowledged the due execution of this deed 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 notarial seal, this �_ day of WDU 1995. My Commission Expires: STATE OF NORTH CAROLINA New Hanover County ne 'B/ "vexed CntlBOtcW of 0 NcUry(Nourics) PubUc ts/ arecatlHcd IobecorrcR. Q This the day 19 "S ,aegt oldeeda � � Uepuey/Aaiadnr Notary Public , �o aR), s PUBLO NN04 ¢ rIT - a-