SW8950506_Historical File_19980910 (2)

State of North Carolina
bepartment of Environment
and Natural Resources - ,
Wilmington Regional Office
James B. Hunt,Jr., Governor 1*41 C D EN R
McDevitt,Wayne McDevitt, Secretary NORTH CAROLINA DEPARTMENT OF
Division of Water Quality ENVIRONMENT AND NATURAL RESOURCES
September 10, 1998
Mr. S.Keith Cooper, President
Landfall Subdivision II Owner's Association
1616 Dye Place
Wilmington,NC 28405
Subject: Permit No. SW8 950506
Landfall Clubhouse
High Density Stormwater Project
New Hanover County
Dear Mr. Cooper:
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 of the 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,
Rick Shiver
Water Quality Regional Supervisor
RSS/arl: S:\WQS\STORMWAT\PERMIT\950506.SEP
cc: Amos Clark,P.E.
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_ s _ _Telephone [phone].__-_FAX [phone]
- -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 ft2.
3. Approved plans and specifications for this project are incorporated by reference and are enforceable parts
of-the 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, ft2: 447,365
(10 lots at 50% 189,640
Sun Runner Court Extension, ft2 56,108
Clubhouse project, ft2 201,617
Offsite Area entering Pond, ft2: 208.4 acres @ .42
Required Surface Area, ft2: 28,120
Provided Surface Area, ft2: 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.
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
and_specifications, and other supporting..documentation__Any_.deviations.from the approved plans and
specifications must be noted on the Certification.
_
--4. r Decorative-spray fountains will not be allowed in the pond.-
4

State Stormwater Management Systems
Permit No. SW8 950506
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 thelexmittee,,Wdated,stamped=with.the deed book
number and page,and bear the stamp/signature- of the Register of Deeds.
_ a 5

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 Permittee for a minimum
of ten years from the date of the completion of construction.
III. GENERAL CONDITIONS
1. This permit is not transferable. In the event there is a desire for the facilities to change ownership, or there
is a name change of the Permittee, a "Name/Ownership Change Form" must be submitted to the Division
of Water Quality accompanied by appropriate documentation from the parties involved, such as a copy of
the deed of trust. Other supporting materials, such as a signed Operation and Maintenance plan in the case
of engineered systems,will also be required. The project must be in good standing with DWQ. The approval
of this request will be considered on its merits and may or may not be approved.
2. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to
enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute
143-215.6A to 143-215.6C.
3. The issuance of this permit does not preclude the Permittee from complying with any and all statutes,rules,
regulations, or ordinances which may be imposed by other government agencies (local, state, and federal)
which have jurisdiction.
4. In the event that the facilities fail to perform satisfactorily, including the creatiodof 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 10th 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
_V .ermit Number SW8 950506
6

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,
(Project)
for (Project Owner)hereby state that,to the best of my abilities,due care
and diligence was used in the observation of the project construction such that the construction was observed to be
built within substantial compliance and intent of the approved plans and specifications.
Noted deviations from approved plans and specifications:
SEAL
Signature
Registration Number
Date
7

DINT -")N OF ENVIRONMENTAL NIANA( 1E1'41'
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 County
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 proposed clubhouse
Name of Water Body Receiving Stormwater Runoff Pembroke Jones Lake (a.k.a. Graham Lake)
Classification of Water Body C If SA waters, engineered system. and distance is <0.5
miles. attach report of chloride sampling results mg/1
State/Federal Permits/Approvals Required (Check appropriate blanks)
CAMA Major Sedimentation/Erosion Control GP #439
404 Permit NWP #7 DEM/DHS Sewage Disposal
Other (Specify) NPDES Permit NCG010000
CALCULATION OF BUILT UPON 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 protect
includes areas draining to different water classifications. please note them separately below-
Subwatershed Subwatershed re SO bill f -
Classification Ct
Built upon area 8.96 Ac CA_2-7_ C�S
Total Project Area 19.56 Ac
% Built upon Area 45.8%
Allowable B/U Area 5.87,•Ac
Is the Project B/U Area <_ the Allowable B/U Area? No (If no, an engineered system is required.)
% Built upon area = (built upon area / total project area) * 100
Built upon area limits for projects to meet density: SA waters --- 25 0, Other --30% STn
•
STORMWATER COLLECTION SYSTEMi,#
Describe how the runoff will be treated Wet detention pond with a RECEIVE I.,
storage pool for runoff from the 1" storm, inverted siphons
to main-Lan normal pool and draw down for the storage pool,
and a weir to pass the larger storms.
MAY I 5 1995
DEW!

.BUFFER AREA i
Is the built upon area at least 30 feet from mean high water of all surface waters? Yes If no, please
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 control
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 project
shall limit the allowable built-upon area per lot to ' ' -* x
itttarQinclusive of right-of-wav,
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. aft acA rent
CERTIFICATION
I, 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 stat ent above.
on
s Signarture Date
Provide authorized perso or firm name and address below'
S. Keith Cooper
Landfall Associates
Post Office Box 5368
Wilmington, North Carolina 28403
I. SAr6'1- I-I . 64r..R« ,allotary Public for theStat:eof ki oT f-1 aural L---County of ►tips,, Fi. .ra „� , do hereby certify that S. IC,r 11, Coo ev
appeared before me this I S-ft, day of V3"1 19 0/ pev ion
S� , and acknowledges the due execution
of the foregoinng instrument. Witness my hand an official seal. 00S' IA, ""bry
4.
p:e„,.....................
Sr/A.a
My commission expires ,.� •• , ;,.,,� ***
#44,9 •< kl
PUBLIC
Airr,Ll
ii DIVISION OF EN�ONMENTAL MANAGEMENT SI "'
oti
Regional Office
257 - aiL qS n.„4-id.,,,...,
Date Individual Evaluating Forms/Plans
Date Regional"Water Quality Supervisor
cc: ApplicantlWiRO/Bradley Bennett/Central Files

THE JOHN R. McADAMS COMPANY,INC.
P.O.Box 14005
Research Triangle Park,North Carolina 27709
[phone] Fax[phone]
qq���l� PAGE OF I
J R McA JOB NO. �A-61 DATE 7/Z 1e BY_ YAG CHECKED BY
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STORM /AT[R
RECEOVIED
JUL 211995
DEM
P&oj # SW3._9's9so6

STORMWATER
POND MAINTENANCE REQUIREMENTS pECEIVEni
AUG
Project Name: 2 8 1998
� 1•andfa11 Clubbouse
D E m
PROD#
Permittee: T,andfgll Subdivision TT champs AQgnriatian; TnC.
Address: 1616 Dye Place Wilmington, NC 28405 PhoneNo. (910) 256-7646
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.
II. 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 feet, 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:
I, S. Keith Cooper, President , hereby acknowledge that I am the financially
(please print or 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: a I Au 8
President, Landfall ubdivision II Owners Association, Inc.
Revised 2/25/97

l.:4uLL %.L !'G.:S 14L dLlLL Vt7E LCL
Department of Environment,
Health and Natural Resources 7A,
Division of Environmental ManagementJames B. Hunt,Jr., Governor
Jonathan B. Howes, Secretary 1E3E H N Ft
A. Preston Howard, Jr., P.E., Director
• WATER QUALITY PERMIT NAME OWNERSHIP CHAN QBMWATER
I. CURRENT PERMIT INFORMATION: ' �, E C E I V E
1 �
_ _ AUG 2 81998
Permit Number: S W 8 9 510 5 0 6
DEM
• PROD#
1. Permit holder's name: Landfall Associates
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:( 910 )756-7fLA
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(pleaseexplain); 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
1616 Dye (Title)
4. Mailing address: Place City Wilmington
State: NC Zip Code: 28405 Phone: (910 ) 256-7646

PERMIT NAME/OWNERSHIP CHANGE FORM
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.
REQUIRED ITEMS:
1. This completed application ^'- n
2. (Checks to be made payable to DEHNR) rCYI e*r i'.
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:
I, S. Keith Cooper ,attest that this application for 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:
Applicant's Certification:
I, ,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:
North Carolina Department ement
° '= `' of Environment,Health,and
m7 _ Natural Resources
•v,;;• LINDA LEWIS
___.. • Environmental Engineer i
Division of Environmental Management
Water Quality Section
•127 Cardinal Drive Extension [phone]
Wilmington,N.C. 28405-3845 Fax: [phone]

s- is`3 1--�i r-."'"1
AUG 281998
My 7 sue:
1524
August 24, 199811)9104i,
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. Keith Cooper, President
Landfall Subdivision II Owners Association
enclosure
LANDFALL ASSOCIATES e P.O.BOX S368,HANOVER CENTER STATION • WILMINGTON,NORTH CAROLINA 28403 • 919-256-6111

State of North Carolina
Department of Environment
and Natural Resources - r
Wilmington Regional Office
James B. Hunt, Jr., Governor I"#1 C D E R
N
Wayne McDevitt, Secretary NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Division of Water Quality
August 13, 1998
Mr. Keith Cooper
Landfall Associates
PO Box 5368
Wilmington, NC 28403
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 0 & M is signed in the name of
Landfall Associates. I have enclosed a blank copy of an 0 & M to be signed and returned.
Additionally, please send in a copy of the recorded deed restrictions for the lots which drain into this
pond.
Sincerely,
606;/deA-)
Linda Lewis
Environmental Engineer
RSS/arl: S:\WQS\STORMWAT\LETTERS\950506.AUG
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

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1524
April 6, 1998 4411acfaii ` q
feG 0 \-1
Ar
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, <,<itolingeit.,14
c,-0 C A Rol,,,I eildl (1°-r" ,,,
S. Keith Cooper, P.E. •'Q% 'r.9
Director of Land Development = i SEAL
$ 12564
Registration No. 12564 94•• F •'•�4
�
#•1�( kEI f H '
LANDFALL ASSOCIATES 0 P.O.BOX 5368,HANOVER CENTER.STATION a WILMINGTON,NORTH CAROLINA 28403 • 919-256-6111

RECEIVED �� C950
APR 0 8 1998
r �
_
I L
1524
April 6, 1998 .
sifOCJ11
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,
S. 1644 alp-,
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

a -4 -r•
ali ` , • r
STATE
of .
� J b -I
Department of The
. . . . --- Secretary of State
CAROLINA
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 WITNESS WHEREOF', I have hereunto set my
f" hand and affixed my official seal at the City of
Raleigh, this 11th day of April, 1995.
•
Secretary of State

e:- o36
s . .
2023.v-
'- vc FILED '
ARTICLES OF INCORPORATION 9:00AM
g; ! 0 2 9 0113 OF APR 1 1 1995
LANDFALL SUBDIVISION. II OWNERS ASSOCIATION,FE9FRAIS 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:
PDD2179

•
(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
,i) 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 XI, 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.
- 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 Address
S. Keith Cooper 2011 Pembroke Jones Drive
Wilmington, N.C. 28405
W. Scott Gilbert 2011 Pembroke Jones Drive
Wilmington, N.C. 28405
Shirley A. Mayfield 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
. 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 Con- day of
1995 .
a c• (SEAL)
P mela D. Duncan
Incorporator
NORTH CAROLINA
../A44P.A_ COUNTY
THIS IS TO CERTIFY, that on the le i day of L ,GL1, / '9S
before me, a Notary Public, personally appeared PAME A 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 6/A day of C-2/ AL. , 1995.
Notary Public
My Commission Expires :
99
(Notary Stamp/Seal) Jo S )
•
- 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") .

w
MINUTES OF ACTION OF BOARD OF DIRECTORS
flOF
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:
Air ,; p1;1i, h,,, a •
' y . 1: * `
• _ _ ,;ems�' •.;41'
.�r��s�� •c�V�,}-: :. _
L:
.Y- ' '=- '<''..• ' (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 S. Keith Cooper
Vice President W. Scott Gilbert
Secretary and Treasurer Shirley A. Mayfield
Assistant Secretary W. Scott Gilbert
(4) RESOLVED, that NationsBank, N.A. , Wilmington, North
_ _ Carolina, be and hereby is designated as a depository of this
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 4L, day of 111
1995.
S ith Cooper
Qi1211°1424"-'
W. Scott Gilbert
•
Sh rley . Mayfield
- 2 -

0
00 :; VERIFIED
J. 0 6 5 0 ,
THE ATTORNEY PREPARING THIS INSTRUMENT OF DEEDS r
rl c:i !:+HOVER OD.NC
HAs MADE NO RECORD SEARCH OR TITLE
EXAMINATION AS TO THE PROPERTY HEREIN ►uJ�n���� pp DESCRIBED, UNLESS THE SAWS IS SHOW This Docfi5elt 44 a 14:
HY HIS WRITTEN AND sIaNED Douglas A. Fox, Attorney at Law
CERTIFICATE. P.O. Box 479. Wilminatonc N.C. 2840Z
RO511O-010-001-000
Revenue Stamps $229.00
STATE OF NORTH CAROLINA
COUNTY OF NEN 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 JOHN E. HOMESTEAD and wife, SUSAN H. HOMESTEAD,
(mailing address being 55 Post Lane, Bernardsville, NJ 07924)
GRANTEES;
000086 9PITMESSETH:
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:
I:Et .0 Y0:
Clark,H avian.t3 i4Mcte®e• P:
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15)
moo)
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395865

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BRING all of Lot 10, Block 19, LANDFALL
SUBDIVISION II AT LANDFALL SUBDIVISION,
according to the plat and survey thereof as
recorded in Nap Book 34, at Fags 341, New
Hanover County Registry, to which plat
reference is hereby made for a more particular
description of same.
TOONT$SR 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 ligis
to easements of record affecting said
property; the provisions of applicable zoning 1
and land use ordinances, statutes and a regulations; and 1995 ad valorem taxes.
This property is further conveyed and accepted .,
subject to the Declaration of Covenants, 4*
Conditions, Easements and Restrictions for
Landfall Subdivision Ii at Landfall h1
Subdivision recorded in Book 1871, at Page `D
205, New Hanover County Registry, and as o a
CD
amended by that Amendment recorded in Book ffi . m n
1887 at Page 1179, New Hanover County Registry .p.
and all Amendments thereto. x so
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 HAVE AND TO HOLD 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

19LI9 0 6 G 0 •
WARRANT and DEFEND the said title to the same against the claims of
all persons whatsoever.
IN TESTIMONY WHEREOF, Shirley A. Mayfield and
1 S. Keith Cr1,1 r , 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 of the New v_ncver co nth Reg__t_y the day and year first
above written.
LANDFALL ASSOCIATES, a North Carolina
Joint Venture (General Partnership) (Seal)
B (Seal)
uth ized Agen A.Mayfield
By: (Seal)
oriz ent/S. Keith Cooper
STATE OF NORTH CAROLINA
COUNTY OF NEW H�AINOVER] t1 ,,`
I, 84 11'1'1 1 9 Q V,11 F ) , a N P is n an r the
State of Nort Carolina and County of� .) , do
hereby certify that Shirley A. Mayfield and
S. Keith Grow- 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 -1 dayof
N DV , 1995.
:` d,444... j k-
Notary Public
My Commission Expires:
MOOWNOSONEWMWS
***
_
yacf_PUBL.%
STATE OF NORTH CAROLINA yhANev�¢
New Hanover County nm
The Foregoing/Annexed C nutoods)d
Notary(Notaries)Public b/arecertfed
to be correct. Q
This the day 19
,Refit oldeeds
bY
Deputy/Aaisisre

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