Loading...
HomeMy WebLinkAboutSW8921115_CURRENT PERMIT_20220225STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW8 DOC TYPE] CURRENT PERMIT ❑ APPROVED PLANS ❑ HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE ro L/L 011-5 YYYYMMDD ROY COOPER Cwemor ELIZABETH S. BISER seorerary BRIAN WRENN Director February 25, 2022 Wedgefield at Crosswinds South HOA, Inc. Attn: Koreen LaRose, President P.O. Box 15436 Wilmington, NC 28460 NORTH CAROLINA Environmental QuaAty Subject: Permit Renewal Post -Construction Stormwater Management Permit No. SW8 921115 Wedgefield at Crosswinds South New Hanover County Dear Ms. LaRose: The Division of Energy, Mineral and Land Resources received a complete 8-year Permit Renewal Application for the subject permit on February 22, 2022. The Division is hereby notifying you that permit SW8921115 has been renewed, updated, and re -issued on February 25, 2022, as attached. Please be aware that the renewal and re - issuance of this stormwater permit does not imply that the site is currently in compliance. This permit shall be effective until May 22, 2030 and does not supersede any other agency permit that may be required. The project shall be subject to the conditions and limitations as specified therein. This permit does not impose new or increased stormwater control requirements; it clarifies the rules and requirements of this program to provide you with a better understanding of your obligations under this permit. Failure to comply with these requirements will result in future compliance problems. Please note that this permit is not transferable except after notice to and approval by the Division. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing by filing a written petition with the Office of Administrative Hearings (OAH). The written petition must conform to Chapter 150B of the North Carolina General Statutes and must be filed with the OAH within thirty (30) days of receipt of this permit. You should contact the OAH with all questions regarding the filing fee (if a filing fee is required) and/or the details of the filing process at 6714 Mail Service Center, Raleigh, NC 27699-6714, or via telephone at 919-431-3000, or visit their website at www.NCOAB.com. Unless such demands are made this permit shall be final and binding. If ou have any questions concerning this permit, please contact Ashley Smith in the Wilmington Regional Office, at (910) 796-7215 or ashleym.smith@ncdenr.gov. Sincerely, CJ r v awy,vt'a ,-a 96, Brian Wrenn, Director Division of Energy, Mineral and Land Resources Enclosures: Attachment C — Permitting History Renewal Application Documents Copy of the current designer certification DES/ams: \\\Stormwater\Permits & Projects\ 1992\9211 l5 HD\2022 02 permit 921115 cc: Wilmington Regional Office Stormwater File D_E QR- North Carolina Department of Environmental Quality I DMsion of Energy, Mineral and Land Resources Wilmington Regional Office I I27Cardmal Drive Extension I Wilmington. North Carolina 28405 '�r� / 910.796.7215 Post -Construction Stormwater Management Permit No. SW8 921115 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RESOURCES POST -CONSTRUCTION STORMWATER MANAGEMENT PERMIT HIGH DENSITY SUBDIVISION DEVELOPMENT WITH A WET DETENTION POND 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 Wedgefield at Crosswinds South HOA, Inc. Wedgefield at Crosswinds South Subdivision South College Road and Wedgefield Drive, Wilmington, New Hanover County FOR THE construction of built -upon areas with runoff to be treated in one (1) onsite wet detention pond (the "Front Pond') operated and maintained by Wedgefield at Crosswinds South HOA, Inc.(hereafter "Wedgefield" or "the permittee ); and for the construction of built -upon areas with runoff to be treated in an offsite wet detention pond (the "Rear Pond'), operated and maintained by Crosswinds HOA, Inc., under the terms and conditions set forth in the latest version of Permit No. SW8 930710; in compliance with the provisions of 15A NCAC 2H.1000 (hereafter referred to as the "stormwater rules'), and as outlined in the application, approved stormwater management plans, supplement, calculations, operation and maintenance agreement, recorded documents, specifications, and other supporting data (the "approved plans and specifications") as attached and/or on file with and approved by the Division of Energy, Mineral and Land Resources (the "Division" or "DEMLR"). The project shall be constructed, operated and maintained in accordance with these approved plans and specifications. The approved plans and specifications are incorporated by reference and are enforceable part of this permit. This permit shall be effective from the date of issuance until May 22, 2030 and shall be subject to the following specified conditions and limitations. The permit issued shall continue in force and effect until the permittee files a request with the Division for a permit modification, transfer, renewal, or rescission; however, these actions do not stay any condition. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit for cause as allowed by the laws, rules, and regulations contained in Title 15A NCAC 2H.1000 and NCGS 143-215.1 et.al. 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. The overall tract built -upon area percentage for the project must be maintained at or below 30% per the requirements of Section .1005 of the stormwater rules. The subdivision is permitted for 76 lots, each limited to a maximum amount of built -upon area (BUA). Lots 1-37 shown on the April 29, 1993 approved plans for SW8 921115 are limited to a maximum BUA of 4,500 square feet each. Lots 201-239 shown on the May 8, 1996 approved plans for SW8 960317 are limited to a maximum BUA of 4,300 square feet each. Page 1 of 6 Post -Construction Stormwater Management Permit No. SW8 921115 3. The built -upon area allocated for Wedgefield that will be treated by the offsite Crosswinds "Rear Pond" under Stormwater Management Permit No. SW8 930710, is 373,376 square feet. 4. This permit allows for the treatment of runoff from the built -upon areas of this subdivision in two (2) different permitted Stormwater Control Measures (SCM). Section 1.7 of this permit describes the design parameters of the permitted onsite wet detention pond. The design parameters of the offsite wet detention pond are described in permit number SW8 930710, issued to Crosswinds HOA, Inc. The approved plans contain a "drainage area map" which shows the specific drainage area of Wedgefield at Crosswinds South Subdivision to each pond. This permit covers the original 37 lots permitted as Crosswinds South under SW8 921115 and the 39-lot extension permitted as Wedgefield at Crosswinds South under SW8 960317. This permit combines and consolidates the referenced permits into one permit under SW8 921115, combines the approved plan sets into one approved plan set under SW8 921115, and rescinds SW8 960317. For purposes of this permit, all 76 lots are considered as part of the project called "Wedgefield at Crosswinds South". The runoff from 16 of the original 37 Crosswinds South lots and a portion of the road is treated in the onsite "Front Pond". The runoff from the remaining 21 Crosswinds South lots and road and all 39 Wedgefield at Crosswinds South lots is to be directed to and treated by the offsite Crosswinds Pond (the "Rear Pond"). The following design elements have been permitted for the onsite wet detention pond stormwater facility, a.k.a. the Front Pond, and must be provided in the system at all times. These design elements are consistent with the terms of the Consent Judgment. a. a Drainage Area, acres: Onsite, acres: Offsite, acres: Total Impervious Surfaces, ft2: Road, ft2: Offsite, ft2: Pond Design Depth, feet: TSS removal efficiency: Design Storm: Permanent Pool Elevation, FMSL: Permitted Surface Area @PP, ft2: Permitted Storage Volume, ft3: Storage Elevation, FMSL: Controlling Orifice: Permanent Pool Volume, ft3: Forebay Volume, ft3: Maximum Fountain Horsepower: Receiving Stream / River Basin: Stream Index Number: Classification of Water Body: 5.66 1.22 4.44 (Crosswinds Section II) 5.66 53,143 193.406 (Crosswinds Section II) 5.0 85% 1 inch 20.61 11,160 10,070 21.36 Meyers S-25 (28 gpm@2' TDH) n/a n/a n/a Mott Creek / CPF17 18-82 "C Sw" 7. The onsite stormwater system must be operated with a 30' vegetated filter. The road ditch in the NC 132 Highway right-of-way (South College Road) receives the pond's pumped volume and is considered as the required vegetated filter. Il. SCHEDULE OF COMPLIANCE All of the lots in the subdivision are built on. The permittee shall not be held responsible for existing built -upon area overages on the lots. However, the permittee shall make ongoing efforts as time and finances allow, to identify and document all such overages on the lots. The Division may or may not take action against the individual lot owners for those overages. Page 2 of 6 Post -Construction Stormwater Management Permit No. SW8 921115 2. From the issue date of this permit forward, the permittee shall monitor the project on a routine basis to ensure that all lots maintain compliance with the maximum permitted built -upon area limit for that lot. Due to construction which deviates from the April 29, 1993 approved plans, neither the Wedgefield Front Pond nor the Crosswinds Rear Pond has a sufficient amount of surface area or depth to justify any increases in the maximum allowed per lot built -upon area. 3. Decorative spray fountains will not be allowed in the stormwater treatment system, as the permanent pool volume is less than 30,000 cubic feet. 4. The permittee shall review all proposed modifications and additions to the existing lots within the Wedgefield at Crosswinds South Subdivision for compliance with the built -upon area limit. The permittee shall not approve any proposed lot plan additions or modifications if the lot is already over the maximum BUA limit, or if such additional construction will cause the lot to exceed the maximum BUA limit established by this permit. The permittee shall notify the Division and shall take such measures as are allowed by the Declaration of Covenants and Restrictions or by law to prevent the lot owner from constructing any such non -compliant improvements and modifications. Any approvals granted by the permittee for any lot addition or modification that results in an overage of the permitted maximum BUA for that lot, will require that the permittee submit a modification to this permit and propose the necessary improvements such that the permitted SCM meets the current stormwater rules. 5. The Division will take no action against the permittee for existing non -compliances, as identified in the Consent Judgment which is attached hereto and made an enforceable part of this permit, which are a part of or caused by the original construction, including the deficient permanent pool surface area in the pond. From May 22, 2014 forward, the Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the modified 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. 6. No person or entity, including the permittee, shall alter any component shown in the approved plans and specifications. Prior to the construction of any modification to the approved plans, the permittee shall submit to the Director, and shall have received approval for modified plans, specifications, and calculations including, but not limited to, those listed below. For changes to the project or SCM that impact the certifications, a new or updated certification(s), as applicable, will be required and a copy must be submitted to the appropriate DEQ regional office upon completion of the modification. a. Any modification to the approved plans and specifications, regardless of size including the SCM(s), BUA, details, etc. b. Redesign or addition to the approved amount of BUA or to the drainage area. C. Further development, subdivision, acquisition, lease or sale of any, all or part of the project and/or property area as reported in the approved plans and specifications. d. Altering, modifying, removing, relocating, redirecting, regrading, or resizing of any component of the approved SCM(s), the stormwater collection system and/or vegetative conveyance shown on the approved plan. e. The construction of any allocated future BUA. f. Adding the option to use permeable pavement or #57 stone within the lots as a permeable surface. The request may require a proposed amendment to the deed restrictions and protective covenants for the subdivision to be submitted and recorded. g. The construction of any permeable pavement, #57 stone area, public trails, or landscaping material to be considered a permeable surface that were not included in the approved plans and specifications. h. Other modifications as determined by the Director. The runoff from all built -upon area in Wedgefield that is within the permitted drainage area boundary of either the onsite Front Pond or the offsite Rear Pond must be collected and directed into the appropriate stormwater pond. Page 3 of 6 Post -Construction Stormwater Management Permit No. SW8 921115 8. All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements. The final plats for the project have been recorded showing all such required easements, in accordance with the approved plans. 9. The permittee shall at all times follow the approved Operation and Maintenance Agreement and provide the operation and maintenance necessary to assure that all components of the permitted stormwater system function at design condition. The approved Operation and Maintenance Agreement outlines the necessary maintenance items and required maintenance intervals. The on -site runoff collection system of catch basins, piping, ditches and swales must also be maintained such that the one (1) inch runoff volume is adequately conveyed to the approved BMP(s). 10. Records of maintenance activities must be kept and made available upon request to authorized personnel of DEMLR. The records will indicate the date, activity, name of person performing the work and what actions were taken. 11. The permittee shall assure that permanent access to the permitted SCM components, including the collection system, is provided via recorded easements, common areas or public rights -of -way. All such easements, common areas and rights -of -way currently appear on the recorded plats. 12. Deed restrictions limiting the amount of built -upon area on each lot have been recorded and currently provide that the maximum built -upon area per lot is as follows: Lots 1-37 @4,500 square feet and Lots 201-239 @4,300 square feet, This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. 13. The State of North Carolina is made a third -party beneficiary of the covenants to the extent necessary to maintain compliance with this Stormwater Management Permit. 14. The Declaration of Restrictions and Protective Covenants are to run with the land and be binding on all persons and parties claiming under them. 15. The recorded covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Energy, Mineral and Land Resources. 16. The project and the SCM shall be constructed, operated and maintained in accordance with the conditions of the Consent Judgment, the conditions of this permit, the approved plans and specifications, and other supporting data. III. GENERAL CONDITIONS CORRECTIVE ACTIONS REQUIRED. If the facilities fail to perform satisfactorily, the permittee shall take immediate corrective actions. This includes actions required by this Division and the stormwater rules such as the construction of additional or replacement on -site stormwater systems. These additional or replacement measures shall receive a permit from the Division prior to construction. 2. PERMIT RENEWAL. A permit renewal request must be submitted at least 180 days prior to the expiration date of this permit. The renewal request must include the appropriate application, documentation and the processing fee as outlined in Title 15A NCAC 02H.1045(3). Page 4 of 6 Post -Construction Stormwater Management Permit No. SW8 921115 3. CHANGES TO THE PROJECT NAME, PERMITTEE NAME OR CONTACT INFORMATION. The permittee shall submit a completed Permit Information Update Application Form to the Division within 30 days to making any one of these changes. 4: TRANSFER. This permit is not transferable to any person or entity except after notice to and approval by the Director. Neither the sale of the project and/or property, in whole or in part, nor the conveyance of common area to a third party constitutes an approved transfer of the permit. a. TRANSFER REQUEST. The transfer request must include the appropriate application, documentation and the processing fee as outlined in 15A NCAC 02H.1045(2). This request must be submitted within 90 days of the permit holder meeting one or more of the following: i. A natural person who is deceased; ii. A partnership, limited liability corporation, corporation, or any other business association that has been dissolved; iii. A person or entity who has been lawfully and finally divested of title to the property on which the permitted activity is occurring or will occur through foreclosure, bankruptcy, or other legal proceeding. iv. A person or entity who has sold the property, in whole or in part, on which the permitted activity is occurring or will occur, except in the case of an individual residential lot sale that is made subject to the recorded deed restrictions and protective covenants, V. The assignment of declarant rights to another individual or entity; vi. The sale or conveyance of the common areas to a Homeowner's or Property Owner's Association, subject to the requirements of NCGS 143-214.7(c2); b. TRANSFER INSPECTION. Prior to transfer of the permit, a file review and site inspection will be conducted by Division personnel to ensure the permit conditions have been met and that the project and the on -site stormwater system complies with the permit conditions. Records of maintenance activities performed to date may be requested. Projects not in compliance with the permit will not be transferred until all permit and/or general statute conditions are met. 5. COMPLIANCE. The permittee is responsible for compliance with the terms and conditions of this permit until the Division approves the transfer request. APPROVED PLANS AND SPECIFICATIONS. A copy of this permit, approved plans, application, supplement, operation and maintenance agreement, all applicable recorded documents, and specifications shall be maintained on file by the permittee at all times. DIVISION ACCESS. The permittee grants Division Staff permission to enter the property during normal business hours to inspect all components of the permitted project. C. ENFORCEMENT. Any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the requirements of the stormwater rules is subject to enforcement procedures as set forth in NCGS 143 Article 21. d. ANNUAL CERTIFICATION. The permittee shall electronically submit to the Division an annual certification completed by either the permittee or their designee confirming the projects conformance with permit conditions e. OBTAINING COMPLIANCE. 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 modified plans and certification in writing to the Director that the changes have been made. Page 5 of 6 Post -Construction Stormwater Management Permit No. SW8 921115 OTHER PERMITS. The issuance of this permit does not preclude the permittee from complying with and obtaining any other permits or approvals that are required for this development to take place, as required by any statutes, rules, regulations, or ordinances, which may be imposed by any other Local, State or Federal government agency having jurisdiction. Any activities undertaken at this site that cause a water quality violation or undertaken prior to receipt of the necessary permits or approvals to do so are considered violations of NCGS 143-215.1, and subject to enforcement procedures pursuant to NCGS 143-215.6. Permit renewed, updated and reissued this the 25th day of February 2022. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION L I/t U�Ih�.2 / 1 Y C �riian Wrenn, Director Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Permit Number SW8 921115 Page 6 of 6 Attachment C - Permitting History Crosswinds South & Wedgefield at Crosswinds South Permit No. SW8 921115 Approval permit Action BIMS Description of the Changes Date Version 3/31/1993 Original 1.0 Approval Transfer: From B & D Development to HOA Consolidation: The two permits, SW8 921115 and SW8 960317, have been combined into one 5/22/2014 Transfer 1.1 permit, and will use the existing permit number SW8 921115, which is hereby transferred effective May 22, 2014, to the Wedgefield at Crosswinds South HOA, Inc. the permanent pool elevation has been established as 20.61 fmsl (NAVD88); The temporary pool elevation has been established as 9/18/2019 Modification 1.2 21.36 fmsl (NAVD88); The permanent pool surface area has been established as 11,160 ft2; The temporary pool volume has been established as 10,070 ft3. 2/25/2022 Renewal 2.0 Expires May 22, 2030 SYDRHpAYER V I RECEIVED. MAR 3 1 1993 U MAR 31 " D t M Wilmington Regional WOO n7 921 5; DEM OPERATION AND MAINTENANCE PLAN STORMWATER DETENTION POND CROSSWINDS SOUTH DESCRIPTION A detention pond is provided to improve water quality of the stormwater to be discharged to the NCDOT ditch along NC Highway 132. The pond is designed to detain the first inch of rainfall of the area draining to the ditch between Crosswinds II and Crosswinds South long enough for pollutants and sediment to settle out. The pond is to have a normal water level elevation of 22.0', a top of storage elevation of 23.3', and 2.5:1 sideslopes below the NWL and 3:1 above. A pump station is provided to pump the stored water from the pond to the NCDOT ditch over a 2-5 day period. A substantial stand of weeping lovegrass mixed with sericea lespedeza is to be maintained within the detention pond. II. MAINTENANCE The developer and lot owners shall maintain original sideslope and vegetative cover during and following road construction and subsequent house construction. Sedimentation should be expected during construction activities. This sediment should be removed monthly and vegetation reestablished. For the long term, significant sedimentation is not expected within the basin. The basin should be inspected, cleaned, and vegetation reestablished twice a year. Debris should be removed from around and within the pump station monthly. The pump should be inspected after storms of 1" or more to ensure its capability to function properly. Grass should not be mowed. If erosion or die -off occurs, damaged areas should be regraded and reseeded immediately. The Homeowner's Association will be responsible to maintain the outflow pipe in the NCDOT ditch along South College Road. The lot owners or Homeowner's Association will maintain the drainage easements shown on the approved plan. The Homeowner's Association will not allow lot owners to fill ditches within the drainage easements nor alter the approved flow pattern without an approved revised stormwater certification from D.E.M. SITEWORKS DESIGN GROUP, P.A. March 31, 1993 North Carolina, New Hanover County Dic} Thomps I, Sharon H. Atwell, a Notary Public B & D Development County and State, do hereby certify PO Box 777 Dick Thompson did execute the above Carolina Beach, NC 28428 of arch, 1993. 1Gt/! m 1 44 aAt�C Notary My Commission Eayires November 2, 1997 for said that on,the 31s try DEMLR USE ONLY 14 Date IRliceivell Fee Paio r I Permit NEI a.. 100 ,5 Sal NC DEQ Division of Energy, Mineral and Land Resources STATE STORMWATER: PERMIT RENEWAL APPLICATION FORM In accordance with 15A NCAC 2H.1045(3), the current permit holder shall renew their high density permit 180 days prior to its expiration. Renewed permits are valid for a period of 8 years per Session Law 2011-398 (SB 781) Section 60.(c).This application form is for permit renewals only. A. PROJECT INFORMATION 1. State Stormwater Permit Number: SW8 921115 2. Project name: Wed efield at Crosswinds South 3. Project street address: Wedgefield Drive City: Wilmington County:New Hanover ZIP: 28409 4. What, if any, changes have been made to the project as permitted?None If the project has changed from the original approved plans, please complete SWU-101 for a Major Modification or Minor Modification Application form available at:htips://deg nc gov/about/divisionslenergv- mineral land resourceslenergv mineral-land-ruleslstormwater-programlpost-construction. B. PERMITTEE INFORMATION If changes to the permittee or project name have been made, please complete either the Permit Update form or the Permit Transfer form available av-mineral-land- --- _---- ,--- -_.. —:...,-.a i...,a State Stormwater Permits do not transfer with the sale of the property. 1. Current Permit Holder's Company Name/Organization:Wedgefield at Crosswinds South HOA, Inc 2. Signing Official's Name:Koreen LaRose 3. Signing Official's Title: President 4. Mailing Address: PO Box 15436 City: Wilmington State: NC ZIP: 28460 5. Street Address: 4604 Wedgefield Dr City: Wilmington State: NC ZIP: 28409 6. Phone: (910) 5994500 Email: hipmomanddad2@hotmail.com FF8 2 2 V22 Stormwaler Permit Renewal Form Page 1 of 3 May 11, 2018 C. SUBMITTAL REQUIREMENTS Submit the application package to the appropriate DEMLR Regional Office (Coastal, SA Waters) or DEMLR Central Oltice (Urbanizing Areas Ph 2, USMP, Non -Coastal HQW/ORW).Only applications packages that include all required items listed below will be accepted and reviewed. Initial each item below to indicate that the required information is provided in the application package: KL 1. A permit application processing fee of $505.00 payable to NCDEQ. KL 2. One original signed hard copy and one electronic copy of this completed form. The signing official named on this application to represent the current permittee must meet one of the following: a. Corporation — a principle executive officer of at least the level of vice-president; b. Limited Liability Company (LLC) — a manager or company official as those terms are defined in G.S. 57D "North Carolina Limited Liability Company Act;" c. Public Entity — a principal executive officer, ranking official, or other duly authorized employee; d. Partnership or limited partnership — the general partner; e. Sole proprietor; or f. Letter of authorization signed by one of the signatories noted in a — e above authorizing the signature of another entity. KL 3. One hard copy and one electronic copy of recorded documents required by the original permit that have not yet been receivedby DEMLR, including:deed restrictions, protective covenants, condominium/planned community declaration and easements. If the project has been built, include documentation that the maximum BUA per lot or maximum total BUA has not been exceeded. If the project has not been built, include a signed agreement that the final recorded deed restrictions and protective covenants will be submitted at a later date. KL 4. O&M Agreements, Please select one: ® I have a copy of the current recordedO&M Agreement for all SCMs, and I will continue to keep this on file with the permit; or ❑ I do not have a copy of the current recorded O&M Agreement for all SCMs and am requestinga copy be sent to me. I agree to keep this on file with the permit. KL 5. Designer Certifications, Please select one: p I eaS e s t —J ' 4m `1 ® A copy of the certification(s) confirming that the project was built in accordance with the approved planshave been previously provided to the Division; or ❑ A copy of the certification(s) confirming that the project was built in accordance with the approved plansare enclosed; or ❑ The project has not yet been built. N/A 6. [IF APPLICABLE] If the project has been built, one original hard copy and one electronic copy of a signed, sealed, and dated letter from a licensed professional stating that the SCMs have been inspected, and that they have been built and maintained in accordance with the permit. N/A 7. [IF APPLICABLE] When the permittee is a corporation or a limited liability corporation (LLC): Provide one hard copy and one electronic copy of documentation from the NC Secretary of State, or other official documentation, which supports the titles and positions held by the persons listed in Section C.2 per 15A NCAC 2H. 1043(3)(b).https7//www.sosne.gov/online services/search/by title/ Business Registration FEB 2 2 2022 Stormwater Permit Renewal Application Form Page 2 of 3 May 11, 2018 Loll PERMITTEE'S CERTIFICATION I, 'item ka)60S�P_ , the person legally responsible for the permit, certify that I have a copy of the Permit and O&M Agreement on site (or I will obtain a copy and it will be kept on site), that I am responsible for the performance of the maintenance procedures, and the site has been and will be maintained according to the O&M Agreement and approved plans. I agree to notify DEMLR of any problems with the SCMs or built -upon area and tosubmit the proper forms to modify or transfer the permit prior to any changes to the project, SCMs, or ownership. All information provided on this permit renewal application is, to the best of my knowledge, corr ct and comple Signature: T� Date: -q NOT �"J t1 1 " - t 2- - o a Notary Public for the State of N LT j W (nLAJ ] Vi RG� , County of N I.0 t f�9 hf/1r , do hereby certify that___k0f,M Lak6 t L personally appeared before me this the q day of 2ozz—, and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, ,,\CArA<<F--, (Notary Seal) `.�c�f ;� �•.• J AR), Z Z 6�) =zf� Notary Signatur • "�"'C� ( Z d}��g,,'G � My commission expire G "1111 iER1,``��� az�*�,� 2 2 2022 Stormwater Permit Renewal Application Form Page 3 of 3 May 11, 2018 Crosswinds South New Hanover CourO Storrawater Project No. SW8 921115 Engineer's Certiticlition f�rtryc< 5+��+�, J•- . as a duly registeral Professional Engineer in the State 1' — odlcall lweekl)!full-tini the COnstntetiou of the of North Carolina, hhviog been authorival to observe (peri Y pzoject, ' j ilk.(EI_ojcctj .�'. for * t7 , ,�(Project.0wner) hereby state that, to the best of i ny abilities, due taro and dillge4iee was used in die observation of the projr',t construction such that the! "tti'Aion Was' observed to be built within substantial cotnplience and intent of the approved plans and specifications. i Please note any deviations front the approved plans below: I II SlOyj�s r( 'M.-J �• �UT /li 1 �I(,eIV !6t A���pt d - Ce�/l� ho T• I+�- 753v�� �a�n/ I, T �Olr t•d hIT V'lri�/ epe/�'i�e yr s7//�uwP .•' ¢ %1.�.'f,:,.✓ o il.iP��< !ff 1 nL•.. J'Arar• %v./ SEAL ,`t�p1 % Signature � ���*�: � 2 Registration Number w / Pq 7r I - Date —4 c 419 V v���FNGf NEF� •� a I Post-n' Fax Note 7671 D°2 - n�ae� f I to • —J Fmm M1 I L+ CvloeW. E rt K Co. k Pl r %" r L Y wt FOY ]-oho 'SSO^ZOOM' , Book 5964 Page 1532 BK: 5964 15 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII PG: 1532-1638 RECORDED2016011770 NC FEF S26 CC 04-22-2016 NEW HANOVER COUNTY, NC 10:58:25 AM TAMMY THEDSCH BEASLEY BY ANDREA CRESM.LL REGISTER OF DEEDS A GSISTANT STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS OF WEDGEFIELD AT CROSSWINDS SOUTH, SECTION I AND EXTENSION OF WEDGEFIELD AT CROSSWINDS SOUTH THIS AMENDMENT TO DECLARATION OF WEDGEFIELD AT CROSSWINDS SOUTH, SECTION 1 AND EXTENSION OF WEDGFIELD AT CROSSWINDS SOUTH ("Amendment') is made and entered into this the 20th day of February, 2016 by the undersigned WEDGEFIELD AT CROSSWINDS SOUTH HOA, INC., a North Carolina non - Profit corporation operating in New Hanover County (the "Association'). WTfNESSETH: WHEREAS, Hollis Family Partnership, a North Carolina General Partnership, caused to be recorded a Declaration Covenants, Conditions, and Restrictions of Section I Wedgefield at Crosswinds South in Book 1726 at Page 958 in the Office of the Register of Deeds of New Hanover County (the "Registry"); and WHEREAS, B & D Development, Inc., as successor Declarant, recorded that Amendment to Restrictions Section 1 Wedgefield at Crosswinds South in Book 1744 at Page 93, and that Declaration of Covenants, Conditions and Restrictions Extension of Wedgefield at Crosswinds South in Book 2171 at Page 382 in the Registry; and WHEREAS, the Association, as the successor of Declarant Rights, recorded that Amended Declaration of Covenants, Conditions, and Restrictions for Wedgefield at Crosswinds South, Section I and Extension of Wedgefield at Crosswinds South in Book 5188 at Page 930 in the Registry (the "Declaration"); WHEREAS, the Association desires to amend the Declaration to clarify certain items and to state the requirements of State Stormwater Management Permit SW8-921115; and RETURN TO Cf 0.i 9 e E, FOX Book 5964 Page 1533 Wl IEREAS, pursuant to Article X, Section 4 of the Declaration, the Declaration may be amended by the affirmative vote of not less than two-thirds (2/3) of the Lot Owners; and WHEREAS, following proper notice to all Owners in Wedgefield at Crosswinds South and after obtaining the required quonim, the amendments to the Declaration set forth herein received the affirmative vote of at least two-thirds (2/3) of the Owners casting their vote at a meeting of the members on February 20, 2016. NOW, THEREFORE, the Association, acting pursuant to Article X, Section 4 of the Declaration, does hereby amend the Declaration as follows: 1. Article 11, Section 1(A) is hereby amended by deleting the phrase: "and for a period not to exceed sixty (60) days." 2. Article 111, Section 5 is hereby amended by inserting the following after the final sentence: therein: "Lot Owners shall not be permitted to build, maintain or plant anything on an easement without permission of the Board of Directors and anything placed on an easement must be removed at the Lot Owner's expense when so required by the Board of Directors or any local or state governing authority." 3. Article 111, Section 8 is hereby deleted in its entirety and the following is inserted `°rhe Berm constructed along South College Road is for the benefit, enjoyment and privacy of the lot owners of Wedgelield at Crosswinds South. The Association reserves for itself, its successors and assigns, an easement and right- of-way under, over and across those areas designated as "Landscape and Maintenance Easement" running along the rear property lines of the lots backing and parallel to South College Road as shown on the Section 1 plat described herein, for the installation and maintenance of the berm and retention pond area." 4. Article V1, Section 2 is hereby amended by inserting the phrase "including drainage infrastructure" between "Maintenance and improvements of the common areas" and "street, roads, drives, and rights of way;" 5. Article V1, Section 4 is hereby amended by inserting the phrase "including drainage infrastructure" between including fixtures and personal property related thereto" and "provided that any such assessment..." 6. "fhe fourth sentence of Article VI, Section 3 is deleted in its entirety and the following is inserted therein: Page 2 of 6 Book 5964 Page 1534 "The due date shall be established by the Board of Directors and the Board of Directors shall have the authority to require the assessments to be paid in pro rata monthly, quarterly, or annual installments." 7. Article VI, Section 8 is deleted in its entirety and the following is inserted in lieu therein: SECTION 8. Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all Lots and may be collected on a monthly, quarterly, or annual basis as determined by the Board of Directors. 8. The third sentence of Article VI, Section 10 is hereby deleted in its entirety and the following is inserted therein: "After notice and an opportunity to be heard, the Association may suspend the non-paying Owner's voting rights, membership privileges and services provided by the Association (except the Owner's right of access to the Owner's lot). 9. Article VII, Section 1 is hereby deleted in its entirety and the following is inserted in lieu therein: "Per the State Stormwater Management Permit SW8-921115, the built upon area (131IA) may not exceed 4500 square feet on the 4600 to 4700 blocks and may not exceed 4300 square feet on the 4800 and 4900 blocks. Said limitation applies to future construction only. No dwelling, fence, wall and/or hedgerow or other structure, including, but not limited to, sheds, detached outbuildings or garages, fencing, swing sets and other structures as required herein, shall be commenced, erected, or maintained upon any lot in the Properties, nor shall any exterior addition to or change in or alteration therein be made until the plans and specifications showing the nature, kind, shape, colors, heights, materials, and location of the same shall have been submitted to and approved in writing by the Architectural Control Committee (ACC) as to the harmony of external design and location in relation to surrounding structures and topography. The ACC shall be composed of three (3) or more persons appointed at the discretion of the Board of Directors. The ACC will provide prompt acknowledgment of receipt of the plans and before the thirtieth (30th) day following receipt of completed plans, will approve or reject the plans. In the event the ACC fails to approve or disapprove such design and location within thirty (30) days after said completed plans and specifications have been submitted to it, the proposal will be deemed to have been approved. Refusal or approval of any such plans, location or specifications may be based upon any ground, including purely aesthetic and environmental considerations that in the sole discretion of the ACC shall seem sufficient. The property owner shall have the right to appeal the rejection of the plans to the Board of Directors of the Association, whose decision shall be final. Neither the Board of Directors nor the ACC shall be responsible for any structural or other Page 3 of 6 Book 5964 Page 1535 defects in plans and specifications submitted to it or any structure erected according to such plans and specifications. Building permits are the sole responsibility of the home owner." 10. Article VI1, Section 2(L) is hereby amended by deleting the last two sentences and inserting in lieu thereof the following: "'trash receptacles shall be placed along the curb no earlier than the evening prior to the scheduled garbage pick-up and shall be removed no later than the evening after such pick-up." 11. Article VII, Section 2(11) is hereby deleted in its entirety. 12. Article Vlll, Section 2 is hereby amended by deleting the first sentence in its entirely and inserting in lieu thereof the following: "No noxious or offensive activity, including but not limited to, continuously barking dogs and noxious odors, shall be carried on upon any Lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood." 13. Article Vlll, Section 4 is hereby deleted in its entirety and the following is inserted in lieu therein: S cr[ON 4. Temporary Structures, Outbuildings, and Other Structures. No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any lot any time as a residence either temporarily or permanently without the written consent of the Association or its designee. Garden sheds shall not exceed 144 square feet in area, 12 feet by 12 Feet and 10 feet in height, shall use no fiberboard siding. Detached outbuildings/garages shall be a maximum of 540 square feet in area and a maximum height of 21 feet. Outbuildings shall match the dwelling on the lot architecturally, including matching the main house regarding pitch, overhang, details like fascia, frieze molding window grid, shingles, and siding. The building/use and placement of all garden sheds and other outbuildings is subject to the review and approval of the ACC for complete plans, including BUA, lot placement, materials and all dimensions. Fencing is to be man-made materials, weather treated wood or of cedar material. Fencing may be stained but not painted and must be a natural or stained wood tone. Fence rails are to face the interior of the Lots. Any changes to fencing must first be approved after final plans are submitted to the ACC. Swing sets, playhouses and other children's facilities and playthings, including, but not limited to, basketball backboards and other athletic equipment, shall be kept in good condition and not fall into disrepair. Ramps and goals of' any type are prohibited unless approved by the ACC. Children's or other bathing pools larger than 8 feet in diameter are subject Page 4 of 6 t '. Hook 5964 Page 1536 to approval by the ACC and are not to be kept between the rear wall of the principal structure on the lot and the road. 14. Article Vill, Section 5 of the Declaration entitled "Recreational Vehicles" is deleted in its entirety and the following is inserted in lieu thereof: SECTION 5. Recreational Vehicles. No boat, motor boat, camper, trailer; motor or mobile homes, or similar type vehicle, shall be permitted to remain visibly placed on any lot at any time unless by consent of the Board of Directors, as applicable, provided however, that recreational vehicles and boats may be allowed on the lot for maintenance, loading, unloading, or cleaning. In all cases, such boats and vehicles are not to remain on the property longer than seven (7) days with a mandatory absence of two (2) weeks between stays. 15. Article VIII, Section 7 of the Declaration entitled "Outside Antennas" is deleted in its entirety and the following is inserted in lieu thereof. SECTION 7. Outside Antennas and Solar Panels. No outside radio, television antenna, or solar panels shall be erected on any lot or dwelling unit within the Properties unless and until permission for the same has been granted by the board of Directors of the Association or its Architectural Control Committee, except those that arc exempt fiom regulation by law. 16. Article VIII, Section 11 of the Declaration entitled "Signs' is deleted in its entirety and the following is inserted in lieu thereof: SECTION 11. Signs. Professionally prepared "For Sale" or "Sold" signs containing no more than ten square feet of area, shall be permitted on any Lot. One political sign (maximum dimensions of 24 inches by 24 inches) is permitted on each Lot during the period beginning 45 days prior to the date of election and concluding seven days after the election. Lot owners shall not place political signage in Common Area, easements or rights -of way. Commercial signs may be erected on any lot for a short term while work is being performed if they meet the maximum dimensions of no more than 10 square feet. 17. Article VIII, Section 14 of the Declaration entitled "Built Upon Area" is deleted in its entirety and the following is inserted in lieu thereof: SECTION 14. Built Upon Area. No more than 4500 square feet on the 4600 to 4700 blocks and 4300 square feet on the 4800 and 4900 blocks of any lot shall be covered by structures and/or paved surfaces, including walkways or patios of brick, stone, slate or similar materials and other impervious surfaces. This covenant is intended to insure continued compliance with storm water runoff rules adopted by the State of North Carolina and applies to future construction. 18. The capitalized terms set forth in this Amendment shall have the same meaning as set forth in the Declaration unless otherwise defined or the context shall otherwise prohibit; Page 5 of 6 Book 5964 Page 1537 and 19. With the exception of those changes to the Declaration expressly made herein, the aforesaid Declaration shall remain in full force and effect. IN WFINESS WHEREOF, Wedgefield at Crosswinds South 110A, Inc, have executed this instrument the year and day first written above. This the1,4day of _7 V \�_, 2016. WEDGEPIELD AT CROSSWINDS SOUTH HOA, INC. I,IL L certify that the following person(s) personally appeared before me this day, and; cA acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Witness my hand and official seal, this the 14- day of 14f Vi 1 2016. My Commission Expires: 2ta ZA19 _ _ Notary 1'uhh Riw Page 6 of'6 Book 5964 Page 1538 TANIMYTHE SCH SEASLEY New Hanover County Register of Deeds " .z g Register of Deeds , 216 NOR'IJI SECOND STREET • WIE141NGT0N, NORT1I CAROUNA 28401 Telephone 910-798-4530 • I;ax 910-798-7757 �rr1. r- jjjjpp. {f{aaaf fif{f{{k.f 1f Y{fa{f{.faf Yf f:.f{ffffff{ffafta{a{a{ffaf ifaaf}af{af{f}af{Ya{aY a{f all f:af.fa. aaf.af i.}lafa State of North Carolina, County of NEW HANOVER Filed For Registration: 04/22/2016 10:58:25 AM Book: RB 5964 Page: 1532-1538 7 PGS $26.00 Real Property $26.00 Recorder: ANDREA CRESWELL Document No: 2016011770 DO NOT REMOVE! This certification sheet is a vital part of your recorded document. Please retain with original document and submit when re-recording. l �i 7�51a�554b �� �� n 6�QJ d 1IT.