SW8951210_HISTORICAL FILE_19981028 (2)

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 [phone] FAX [phone]
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, [phone]
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 [phone]
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 [phone] or by e-mail at
"[e-mail]". 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 [phone] FAX [phone]
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 [phone].
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
[phone] FAX [phone] 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#: [phone]
127 Cardinal Drive Extension, Wilmington. N.C. 28405-3845 Telephone [phone] Fax [phone]
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#: [phone]
127 Cardinal Drive Extension, Wilmington. N.C. 23405.384E Telephone [phone] Fax [phone]J
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
[phone] Fax [phone]
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I P.O. Boxx 14005
iL;-••• Research Triangle Park, North Carolina 27709
AM [phone] Fax [phone]
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P.O. Box 14005
Research Triangle Park, North Carolina 27709
[phone] Fax [phone]
PAGE OF
J R MaA JO8 NO LFW _- Id o20 DATE - oy By 1/AT!�-' CHECKED BY
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L P.O, Box 14005
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P.O. Box 14005
L-••p• Research Triangle Park, North Carolina 27709
..... [phone] Fax [phone]
�.(� PAGE
J R McA JOB NO, ?� DATE -31 -16 BY CHECKED BY
CLIENT PROJECT
SUBJECT
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�THE JOHN R. N1cADAMS COMPANY, INC.
�L P.O. Box 14005
��E Research Triangle Park, North Carolina 27709
(91.)361-5000 Fax [phone]
q,y PAGE
J R McA JOB NO. �140LO DATE ���I — I V BY T-� CHECKED BY_
CLIENT PROJECT
SUBJECT
7
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(Date)
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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 [phone] FAX [phone]
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
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'5vT? X`l °o
Wllmiugton, N.C. 3849 JUS Trlephone [phone] Fsi [phone]
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
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FAX #: 2SCv 17050 Wxzi)
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Wayne McDevitt, Secretary
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127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer
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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:
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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 [phone] FAX [phone]
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 [phone].
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