HomeMy WebLinkAboutSW8930710_Historical File_19930827Stat- of North Carolina
Department of Environment, Health, and Natural
Wilmington Regional Office
James B. Hunt, Jr., Governor DIVISION OF ENVIRONMENTAL MANAGEMENT
Jonathan B. Howes, Secretary
August 27, 1993
Mr. Dick Thompson
B & D Development
Post Office Box 777
Carolina Beach, North Carolina 28428-0777
Dear Mr. Thompson:
Resources
Bob Jamieson
Regional Manager
Subject: CERTIFICATION OF COMPLIANCE
with Stormwater Regulations
Stormwater Project No. 930710
Crosswinds Pond
New Hanover County
This Certification is pursuant to the application for Crosswinds Pond received on July 19, 1993,
with additional information received on August 26, 1993. Based on our review of the project plans and
specifications, including deed restrictions (copy attached) which limit the built -upon area per lot to 3,500
square feet and for the entire project to 30 %, we have. determined that the Crosswinds Pond stormwater
control system complies with the Stormwater Regulations set forth in Title 15A NCAC 2H.1003(i). The
runoff will be treated in a detention pond sized to achieve 85 % reduction in Total Suspended Solids.
Any modification of the plans submitted to and approved by this Office or further development
of this site regardless of the fact that the modification may be less than 1 acre, will require an additional
Stormwater Submittal/Modification and approval prior to initiation of construction. Modifications include
but are not limited to; project name changes, transfer of ownership, redesign of built -upon surfaces,
addition of built -upon surfaces, redesign or further subdivision of the project area. Upon completion of
the design for the future areas of this project, they will be submitted for review and approval prior to
initiation of construction.
This Certification shall be effective from the date of issuance until rescinded. The project shall
be constructed and maintained in accordance with the plans and specifications approved by the
Wilmington Regional Office. This Certification does not supersede any other permit or approval. The
developer is responsible for obtaining any and all permits and approvals necessary for the development
of this project. This could include the Division of Coastal Management under CAMA requirements, the
Division of Environmental Management under Wetland 401 Water Quality Certification and/or a dredge
and Fill Permit and/or a Sewer Extension/Collection Permit, U. S. Army Corps of Engineers 404 Wetland
Permit, NPDES Stormwater Permit if disturbing five acres or more, local County or Town Agency
Permits under their local ordinances, or others that may be required.
127 Cardinal Drive Extension, Wilmington, N.C. 29405-3945 • Telephone 919-395-3900 • Fax 919-350-2004
An Equal Opportunity Affirmative Action Employer
Mr. Thompson
August 27, 1993
Stormwater Project No. 930710
A professional engineer must certify that the stormwater system has been installed in accordance
with the approved plans and specifications upon completion of construction. The attached certification
must be received by this Office within 30 days of completion of construction.
If you have any questions concerning this matter, please call Ms. Linda Lewis or me at (919) 395-
3900.
Sincerely,
Dave Adkins
Water Quality Supervisor
DA/arl: S:\WQS\STORMWAT\CERTIMC\930710.AUG
cc: Ms. Arnie Dnacker, Siteworks Design Group
Mr. Sky Conklin, New Hanover_ County Inspections
Bradley Bennett
Jim Craig, New Hanover County
Linda Lewis
Wilmington Regional Office
Central Files
DIVISION OF ENVIRONMENTAL MANAGEMENT
PROJECT DATA
Project Name:
Crosswinds Pond
Project Number:
930710
Location:
New Hanover County
Applicant:
Mr. Dick Thompson
Mailing Address:
B & D Development
Post Office Box 777
Carolina Beach, North Carolina 28428-0777
Submittal Date: July 19, 1993
Water Body Receiving Stormwater Runoff: UT Whiskey Creek
Classification of Water Body: "C"
If Class SA, chloride sampling results: 55 mg/1 (< 500 mg/1 at .5 miles from release)
Pond Depth: 4.0 feet
Permanent Pool Elevation: 15.7
Total Impervious Surfaces Allowed: 749,232 square feet tz' w O/11
Offsite Area entering Pond: N/A
Green Area entering Pond: 4,870,008 square feet
Required Surface Area at Permanent Pool: 50,948 square feet
Provided Surface Area at Permanent Pool: 82,764 square feet
Provided Storage Volume: 174,240 cubic feet
Temporary Storage Elevation: 17.7
Controlling Orifice Type/Diameter: 4" Pipe
WET DETENTION POND EVALUATION
1. Yes No The design storage is for the runoff from all impervious surfaces resulting from
1-inch of rainfall and is located above the permanent pool.
2. Yes No The permanent pool is designed for 85 % TSS removal.
3. Yes No The runoff completely draws down to the permanent pool in 5 days, but not less
than 2 days.
4. Yes No The mean depth of the permanent pool is a minimum of 3 feet.
5. Yes No The inlet structure is designed to minimize turbulence and short circuiting.
6. Yes No All overflow and discharge flows evenly over the length of a natural grass or
artificially planted wetland vegetated filter at least 30 feet in length, with a slope
of 5 % or less, and which provides a non -erosive flow velocity for the 10-year,
24-hour storm with a 10-year 1-hour intensity.
7. Yes No An appropriate operation and maintenance plan has been provided for the
system.
8. Yes No THIS PROTECT MEETS THE STORMWATER CONTROL REQUIREMENTS
OF 15A NCAC 2H.1003 (g), (i), 0), (k), and (1) (For Yes, 1 through 8 must
all be highlighted Yes.)
Brief Explanation: This detention pond is designed to remove 85 % total suspended solids and will
therefore be operated with a vegetative filter.
DIVISION OF ENVIRONMENTAL MANAGEMENT SIGN -OFF
Wilmington Regional Office
27 AUG 93 a10 �
Date Individual Evaluating Form/Plans
ZAtA `y�3
Date egional Water Quality Supervisor
cc: Applicant/Bradley Bennett/arl/WiRO/CF
FROM: , ITEWORKS
Design Group, P.A.
P.O. Box 3988
Wilmington, NC 28406-3988
(919) 799-6808
TO:
N G UENnI (Z
WE ARE SENDING YOU JRL Attached
❑ Shop drawings
❑ Copy of letter
ILIEUTEa oF
DATE
u -2&/9q?
JOB NO.
F ' 3o3/
ATTENTION
/-/.,UZ>A Law i
RE:
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❑ Under separate cover via 4r the following items:
❑ Prints X Plans ❑ Samples ❑ Specifications
❑ Change order
COPIES
DESCRIPTION
OSS W I NtXS IU 77, oN 'Po ND LAavr PLAN — ja5+ rrvr5j $ 2
I ritbt AHt I mArgbmi I I to as cnecKea Deiow:
g For approval ❑ Approved as submitted
❑ For your use ❑ Approved as noted
❑ As requested ❑ Review and sign
❑ For review and comment ❑ Returned for corrections
❑ FOR BIDS DUE
REMARKS
❑ Resubmit
❑ Submit
❑ Return
copies for approval
copies for distribution
corrected prints
19 _ ❑ PRINTS RETURNED AFTER LOAN TO US
AUG 2 6 1993
COPY TO. ,DE'V6L01904 01JT SIGNED: JJ
C`. rzsupr cxrra `icxcai����c�rrrtsls
ESTABLISHED 1903
Main Office
1711 Cestle Street 919-762-7082 919.762.8956
P.O. Box 629 FAX 919-762-8785
Wilmington, N.C. 28402 REPORT DATE: 8-09-93
SITEWORKS DESIGN GROUP DATE RECEIVED• 7-29-93
P.O. BOX 3988 DATE COLLECTED?: 7-29-93
WILMINGTON, N.C. 28406 COLLECTED BY: L SNEEDEN
ATTN: LARRY SNEEAEN LAB I.D. # EW 7345
SAMPLE DESCRIPTION: WATER - CROSSWINDS SEC. 4
TESTS/SAMPLES UNITS RESULTS
CHLORIDES
PPM
55
STORYNATER
AUG 1 2 1993
DEM
'oI3 G�.[�ii�
4
{rlV: L RA 'ORY DIRECTOR
,jjSITEWORKS
Design Group, P.A.
August 12, 1993
Ms. Linda Lewis
DEHNR
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: Crosswinds
Dear Ms. Lewis:
919/799-6808
AUG 12 1993
Enclosed please find the information you requested in our
telephone conversation on August 11, 1993 to approve the
detention ponds proposed to treat the runoff from existing
,portions of Crosswinds South, Crosswinds Section I, and
Crosswinds Section III, as well as, future sections of Crosswinds
and Crosswinds South.
I have enclosed an overall map of the two subdivisions with
the drainage areas delineated, and a listing of the areas of the
sub -drainage basins. Please also find a letter from B & D
Development Corporation stating that the future sections of
Crosswinds and Crosswinds South will meet the 30% density
requirement and will be submitted to your office once they are
designed. The results of a chloride test on a water sample taken
1/2 mile from the pond outlet is also enclosed. From these
results, a chloride reading of 55 ppm, it can be concluded that
the pond is not discharging into SA waters. Lastly, I have
enclosed revised drainage calculations. The pond depth on the
previously submitted calculations was incorrect. It was listed
as 5' and should be 4'.
If you have any questions or require additional information,
please call.
Sincerely,
SITEWORKS DESIGN GROUP, P.A.
Amie S. Drucker
STOR���'�ATER
AUG9 E C E � V k bu
t 2 1993
DEM
-pJ # 930'710
3807-21 Wrightsville Ave. 0 P.O. Box 3988 i Wilmington North Carolina 28406-3988
SITES"WORKS DESIGN GROUP, P.A.
P.O. Box 3988
WILMINGTON, NORTH CAROLINA 28406
(919) 799-6808
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Cell F
August 12, 1993
Ms. Linda Lewis
DEHNk
127 Cardinal Drive Extension
Wilmington, NC 28405
HE: Crosswinds
Dear Ms. Lewis:
H & U Development Corporation agrees to limit the impervious.;
cover of the future Sections of Crosswinds and Crosswinds Soutb
that will drain to the proposed detention ponds to 3U%.
As these Sections are
,your office for approval.
Sincerely,
D & D Development
Dick Thompson
developed, they will be submitted to
STARMWATER
E C E U U t DU
AUG 1 2 IM
DEM
oc: Siteworks Design Group, P.A.
North Carolina.
�ewU►�o� County
I, 5h rA 1?. A+A& 11, a Notary Public for said County and State,
do herebyP-ertify that G�C_T )5an did executes t,ho above
on the I ®?_ dry of �1 , 1993 .
Notary �• (�C��Z�r�� My Commission Expires: )I- a_q7
State of North Carolina
Department of Environment, Health, and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor DIVISION OF ENVIRONMENTAL MANAGEMENT Bob Jamieson
Jonathan B. Howes, Secretary Regional Manager
July 22, 1993
Ms. Amie Drucker
Siteworks Design Group
Post Office Box 3988
Wilmington, North Carolina 28406-3988
Subject: ADDITIONAL INFORMATION
Stormwater Project No. 930710
Crosswinds Section 4
New Hanover County
Dear Amie:
The Wilmington Regional Office received a Stormwater Submittal for the Crosswinds Section 4
on July 19, 1993. A preliminary review of that information has determined that the submittal for the
subject project is not complete. The following information is needed to continue the stormwater review:
1. In order to review Section 4, I must have a plan that shows the property boundary of
Section 4, the 36 lots, and the drainage structures to the ponds.
2. Notarized submittal authorization.
3. In accordance with a recent interpretation change, the deed restriction should state that "no
more than 3500 square feet of any lot shall be covered by structures and/or paved surfaces
inclusive of right-of-way..."
4. Please show how the drainage from previously approved Crosswinds South will enter the
pond by providing elevations of the ditch bottom from the first outlet pipe in Crosswinds
South that is approved to drain into this pond.
5. I cannot tell from the calculations if Crosswinds South has been accounted for. Is it
possible to break down the 129 acres of drainage area?
6. Please provide chloride sampling test results at a point 1/2 mile from the outlet of the
ponds to verify that a pond can be allowed.
127 Cardinal Drive Extension, Wilmington, N.C. 29405-3845 a Telephone 919-395-3900 a Fax 919-350-2004
An Equal Opportunity Affirmative Action Employer
Ms. Drucker
July 22, 1993
Stormwater Project No. 930710
7. For density submittals that use curb and gutter, use the 100 % SA/DA value, because the
right-of-way is assumed to be 100 % impervious for purposes of pond area calculation. The
required storage volume must include the right-of-way impervious, but does not need to
provide for all of the green areas within the drainage area, only those that drain directly
into the pond.
I have included a revised submittal form for you to begin using with your next submittal. It is not
necessary to revise the form already received for this project.
Please note that this request for additional information is in response to a preliminary review. The
requested information should be received by this Office prior to August 22, 1993, or the submittal will
be returned as incomplete.
If you have any questions concerning this matter please feel free to call me at (919) 395-3900.
Sincerely,
Ms. Linda Lewis
Environmental Engineer
DA/arl: S:\WQS\STORMWAT\ADDINFO\930710.JUL
cc: (2) Linda Lewis
Central Files
2
ll:LV7.:;a.Cit1 UI:' 1"INVIV014MI—Ir'7.'1•.1,
Submittal Form for Projects Using Density Limits for Stormwater
Control
PROJECT DATA
Name'of Project: Crosswinds Section 4
Location (County, Township/Municipality, Address):
South of Crosswinds Drive, Masonboro TWP, New Hanover—Cbu
Applicant Name: B & D Development
Mailing Address: P.O. Box 777
Carolina Beach, NC 28428
Phone•'No.: 919 458-7-730
Submittal Date:7-14-9-1
Brief Description (include map and appropriate drawings):
36.1ot residentia.l.subdivision
Water.Body Receiving Storniwater Runoff:
Name- of:.Vater`.Body: W.hi-r.k• y'-.Q.reek-
Classification- of -.Water.- Body:.: SA
Total Area: of : Proposed Project_----;(a.cres) 16.0
- State/Federal Permits -arid Approvals Required-:
(Check Appropriate Blanks)
CAMA Major Sedimendation.and-Erosion:Control x ;
404 Permit: DEM/DHS-Sewage-.Disposal- X
Other, ( specify)
CALCULATION OF BUILT-UPON.
AREA
(Built -upon area means that portion ofa.an �individual-development-
that _is covered by impervious or partially perv'
11, including :buildings, pavement' --recreation t facili W", Itnot including decking.) ::.ti
a) Built -upon area: - 4 5
b) Total - proj ect area:...--. 16 .-0
k JUL 4 1993
t built..upon built upon /:total project area * 100
s built=upon area - °2"8...�:_ ; }r.: DEW..
zoT �t3o')i0
If the. water body receiving;{ stormwater; :runoff.-. 1-s . classified ..as
SA, . is the"I built -upon urea:'Z'=.25%_? f yYes
' .;.-.e: is g.reatex .than. :.5 mile .froinh'NiskE
If - the •water body receiviriq stormwa.ter = runoff is classified : other Creek .
than SA, , is the % - built -upon ,area, < • 30%? Yes No
STORMk'ATER ,COLLECTION ' SYSTEM ;,;,4,!, Yr = •. ' .
Is the -only kind of stormwater collection system grass swales?.
Yes No X '
(Grassed -line swales should have a side slope of 3:1 (H:v) or
less.)
If IlU , please pl"O\ .t (:' _; dCi i:f: i 1. _'.C: Clcl;;i:)".l.l;i_�.i�l� .
Stormwater collection _system is comprised of curbs and
atch basins, pipes an3 a der 'and
BUFFER AREA
Is the built -upon area at least 30 feet from. mean high water of
all surface waters? Yes x No
If no, please provide a detailed description.
(Note: Only boat ramps, public roads; public bridges and
:walkways to water related facilities are allowed within 30 feet
of mean high water if the project is intended to meet stormwater
conttol.requirements through density limits.)
DEED RESTRICTIONS AND PROTECTIVE COVENANTS
Do the deed restrictions and protective`.,covenants ensure
subdivisions... maintain the development :consistent with'the
and.specifications approved by the division"and include the
as a -beneficiary of the restrictions? - .:Yes.. `' : x No
!,(Include. a copy of the restrictions: and -covenants with
form. )
CERTIFICATION :.
that
plans;
State.
this
I, Dick Thompson 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.
requriement of 15 NCAC 2H:1003 (b)...
7-15-93
Signature-O r or Agent.. Date
P.O. Box 777-,.Carolina Veachs I�C:..28428
Address
If agent, please list owner's name and address below:
DIVISION OF ENVIRONMENTAL
Regional -Office
Date
4'
J
MANAGEMENT:SIGN-OFF
individual Evaluating'•Forms/Plant.
Date Regional water -Quality Supervisor
cc: Applicant/Region/Mills/CF
FROM: , ITEWORKS
Design Group, P.A.
P.O. Box 3988
Wilmington, NC 28406-3988
(919) 799-6808
TO:
L IETTIEM OLI MWIJVSUVLJDUML
DATE
L
JOB NO.
o 31
ATTENTION
RE:
ossw i N En E`l N
WE ARE SENDING YOU )4 Attached ❑ Under separate cover via the following items:
❑ Shop drawings )9L Prints ❑ Plans ❑ Samples
R'STRMAUM,
❑ Specifications
❑ Copy of letter ❑ Change order ❑
COPIES
DESCRIPTION
Royw %N-tc, CT N To O ?ON pLAm U L
GALL
O?CA A o rA A ! Anl GC PLP. rQ D E M
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I N tocnr Ag g21 ol`3
"DEN ! Sv
veRAt,t. 'DAwAGE l>LAN
1 P7CAC AMC I rViIVJMI I 1 MU 75 GneCKeO DeIOW:
-For approval ❑ Approved as submitted
a
REMARKS
❑ For your use ❑ Approved as noted
❑ As requested ❑ Review and sign
❑ Resubmit copies for approval
❑ Submit copies for distribution
❑ Return corrected prints
❑ For review and comment ❑ Returned for corrections ❑
❑ FOR BIDS DUE
19 _ ❑ PRINTS RETURNED AFTER LOAN TO US
C) r 7-46 'two Pbig > S A,,yD Fu Tu E o L c-6 c.'Ti aN Sys7-L-m
ga. VuTJR6 "s975 LOMa Den inns LESS %!-lAN 30 % .
COPY TO B'� ,17J•�,reLoJ�w�awtil SIGNED:
'xc�rrzc
�0VL
`U
UV
JUL 1 9 1993 ju
DEM
of # g3a1 i0
OPERATION AND MAINTENANCE PLAN
STORMWATER DETENTION PLAN
CROSSWINDS SECTION 4
I. DESCRIPTION
A detention pond is provided to improve water quality
of the stormwtiter to be discharged to a drainage ditch
flowing under Mohican Trail and eventually to Whiskey Creek.
Thr_, pond is designed to detain the first inch of rainfall
from existing Crosswinds Sections 1 and 3, proposed Section
4, the eastern portion of Crosswinds South, as well as,
future phases long enough for pollutants and sediment to
settle out. All of the stormwtiter enters the detention
ponds via existing grass -lined ditches. This provides
additional opportunity for particulate matter to settle out.
Curbs and gutters have also been or will be provided in all
sections of Crosswinds to direct runoff from the roadways
into the collection systems. Crosswinds Section 1 was
designed prior to the State' s Density Limitations. SF:cti_uns
3 & 4, and Crosswinds South were designed under Low Density
Limitations. All future phases of Crosswinds will.. also be
designed in accordance; with Low Density Limitations-. The
total pond volume required for storage; is provided by two
detention ponds in series. The: ponds are to have a normal
water level elevation of 15.7, a top of storages elevation of
17.7, and 3:1 sideslopes.
II. MAINTENANCE
The developer and lot owners shall maintain original
sideslopes and vegetative cover during and following read
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 basins. The basins should be inspected,
cleaned, and vegetation reestablished twice a year.
Sediment should be removed when the pond depth is reduced to
less than 5 feet. If erosion or die -off occurs, damaged
areas should be regraded and reseeded immediately.
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 stormwtiter
certification from D.E.M.
Dick ompson
B & D Development
P.Q. BOX 777
Carolina Beach, NC 28428
North Carolina
New 140l0o u er County
I, Sharon H. AFwe-11 , a Notary
Public for said County and
State, do hereby certify that.
Vic k`1Tham-J 6r' did execute the
above on the 156' of7J\j, 1993.
My Commission Expires: 11- Z-q'1 Notary ,Ak0Aaw-- 0-
July 14, 1993
Ms. Linda Lewis
Wilmington Regional Office-DEHNR
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: Crosswinds Section 4
Dear Ms. Lewis:
�glUEOV, L III
JUL 1 9 1993
DEM
=--eoT � g3o'I i c7
B & D Development Corporation agrees to include the
following statements in the deed restrictions and protective
convenants for this project.
Restrictive Covenants:
No more than 3500 square feet of any lot shell be
covered by structures and/or paved surfaces, in,.:luding
walkways or patios of brick, stone, slate or similar
materials. This covenant is intended to insure continued
compliance with stormwater runoff rules adopted by the State
of North Carolina and therefore benefits may be enforced by
the State of North Carolina.
Deed Restrictions:
These covenants are to run with the land and shall be
binding on all parties and all persons claiming under then).
We further authorize Siteworks Design Group, PA to act as
our agent for submittals of applications and supporting
documentation as may be required for compliance with your
agency's stormwater regulations.
Sincerely,
B & D DEVELOPMENT CORPORATION
09��
Dick Thompson
cc: Siteworks Design Group, PA
North Carolina
New Hanover County
I, Sharon H. Atwell, a Notary Public for said County and State,
do hereby certify that 'Dick- ThovnnSon did execute thy:
above on of/he 1 is LI day of 1993.
Notary LkaADl fi. My Commission Expires:
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
June 3, 1993
Band D Development Corp.
Mr Dick Thompson
P.O. Box 77
Carolina Beach, N.C. 28428
Dear Mr Thompson:
Subject: Proposed fill in Wetlands or Waters
Residential development
New Hanover Coun
DEM Project 93345
WA
4
C )1= "IR
JUN U 7 1993
Upon review of your request for 401 Water Quality Certification to place fill material in
6.0 acres of wetlands or waters which are tributary to Whiskey Creek for residential
development located at NC 132 in New Hanover County, as described in your submittal dated
28 April 1993, we have determined that the proposed fill can be covered by General Water
Quality Certification No. 2671 issued January 21, 1992. A copy of the General Certification is
attached. This Certification may be used in qualifying for coverage under Corps of
Engineers' Nationwide Permit No. 26. Stormwater management plans and buffers must be
implemented as described in your 28 April letter.
If you have any questions, please contact John Dorney at 919-733-1786.
Sincerely,
ston Howard, Jr. P.; .
93345.Itr
Attachment �l
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DEM Regional Office
Mr. John Dorney
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496
An Faual Opportunity Affirmative Action Employer 50% recycled/ 10% port -consumer pcper
�.� i67i 08�18
lames or FACE Alu MM
coa�sr a9 or as! ayd t BNOMMUM or cownson,
5 7 _ QADD senor
! 36 caolw!
In MWt
s E a Derelopaamt CerOOzatieft, a North Carolina Corporation,
(herein. the Declarant), heretofore executed a Declaration of
Covenants, Conditions and Restrictions. Section 1, Crosswinds, and
caused the same to be recorded in Book 1309 at Page 2271 in the New
Hanover County Registry, with an amendment thereto recorded in Book
1435 at page 1363 in the New Hanover County Registry, (herein
collectively the `Declaration"); and
'�, the Declarant has subdivided and developed and now
desires. pursuant to Article Ix, Section 2 of the Declaration, to
annex to Sections 1 i 2, Crosswinds, additional lands adjoining
said Sections, to be known as Section 3. Crosswinds (herein
•section 30); and Declarant desires to make the changes to the
Declaration hereinafter set forth, affecting section 3.
RM, TEMMEss, the Declarant does hereby declare that all of
Section 3, Crosswinds, as shown on the plat thereof recorded in Nap
Book 33 at page 7/ of the Nov Hanover County Registry (the
'Section 3 plat■), shall be held, sold and conveyed subject to the
following covenants, conditions, easements and restrictions, which
covenants, conditions and restrictions are for the purpose of
protecting the value and desirability of and which shall run with
the real property and be binding -on all parties having any right,
title or'intersst in the above described and annexed properties, or
any Part thereof. their heirs, successors and assigns, and shall
inure to the benefit of each owner thereof; which said covenants,
restrictions, and conditions are as follows:
All of Bectiom 3, Crossvimdm, as above described, is
hereby made subject to the same covenants, conditions,
00160 easements and restrictions as are applicable to Sections
1 and. 2, Crosswinds, as more fully described in the
Declaration (as amended), all of which are hereby
incorporated herein by this reference and made a part
hereof as though fully set out verbatim herein, but
subject to the following changes and additions:
1. AWIMA 1, BZCTIoa 3, is hereby amended and revised to
.s
read as follows:
REWMAEDTO LAILIEy SVd.Cft v
IV- & ENS
i
shall meae and rater to all of Craesirinds,
Sections 1, 2 and 3 as sbows an the plats thereof duly
recorded in the Mier Baanover oaunty Registry, and any of
the additional Properties that say hereafter be brought
within the jurisdiction of the association as provided in ;
the Declaration.■
2. MUCM fil, IS bereft amended (by
adding only the word "Colors,*) to change the first sentence in
8MiClI1 2 to read as follows:
WSROMM 2. Mimiidias and site Imm>?e a, NO
dwelling, fence and/or bedgerow, wall or other structure
shall be ooameneed, erected, or maintained upon any lot
e� elm the Properties, nor shall any exterior addition to or
=Change or alteration therein be made until the plans and
gpecifications showing the nature, kind, Shape. Colors.
caeights, materials, and location of the same shall have
11 submitted to and approved in writing as to harmony
of external design and location in relation to
surrounding structures and topography by the Declarant.
•-er its designee, or, after the sale of all lots by
o -Declarant. by the Board of Directors of the association,
n cqr by an architectural control composed committee coosed of
.-three (3) or sore representatives appointed by the
Board.%
3. WnCM ollr MM21MM CONTUM, SUMN 3, Paragraph
3 is hereby amended to change the last sentence in the Paragraph to
read as follows:
"P.eorided, however, that no dwelling shall be constructed
closer than iQ feet to an adjoining property line, unless
a variance from such restrictions is granted by the
Declarant.■
4. iMnC&B oII, SOMME BXMQW 3, is hereby
amended and revised as follows:
a. Title of article is changed from owl of slams■
to wamRcoval of !lass mad Buildezw,
b. Paragraph 2 is hereby_ amended to change the last
sentence in the Paragraph to read as follows:
"Mailboxes shall be selected by Declarant and
furnished by it to lot owners at Declarant Ia
Cost."
c. paragraph A is added as follows:
"In addition to approval of plans, the
Declarant shall also approve the contractor or ,
builder. The builder's name should be
submitted to the Declarant or the
Architectural control Committee, as the case
may be, for approval and the property owner
shall have said approval in writing before
beginning construction of their residence."
S. 11ATICLri VXXX* .Don ASOMG'Y' M, is hereby revised and
;(mended by adding a new 83CTIOM i4, and by changing time other
sections designated below to read as follows:
"Snomm N. So boat, motor poet,
camper, trailer, motor or mobile bows, or similar type
vehicle, shall be permitted to remain an any lot at any
time unless bf consent of Declarant or the Architactural
Control Committee, as applicable.■
W*vcvtm IS&
inoperable vehicle or vehicle without current
r ation and insurance, and no tractor -trailer or
other truck or vehicle larger than a pickup truck shall
be p@%iOtt@d ca tha properties. %to Essociatlon shall
have he sght to have all such vehicles towed away at
the ows expense-W
"Y MIN 11. Am. No signs of any kind other than
professionally prepared "For Sale'" or "Sold- signs
containing no more than ten square feet, shall bs
permitted on any Lot or in the comma areas without
permission of the Board of Directors, except that a sign
conforming to New Ra mmer County Sign ordinance way be
displayed by Declarant on any Unsold Lot so long as
Declarant owns am Lot in the Properties.■
"SSL`Ploe id. wilt Macs sraa. No more than 3500 square
fast, inclusive of street right-of-way, of any lot shall
be covered by structures and/or paved surfaces, including
walkways or patios of brick, stone, slate or similar
materials. This covenant is intended to insure continued
cohpliaum with stormter runoff rules adopted by the
State of North Carolina, and therefore, benefits may be
enforced by the State of North Carolina.■
Except as amended herein, the Declaration and all the
provisions thereof shall be and remain in full force and effect,
and this Declaration shall be binding upon all owners of lots in
Crosswinds. Section 3.
IN 1IlRSBS =e , this Amended Declaration has been executed
by Declarant, as of this the � clay of , 1993.
u,%.% ?A32E
1011 0850
Ur a D DSY860� CoRNaMION
By
l ident
ADWM TO am=
�YOF 3
AL- .4'ef. i° M
MW sus oars �,
MM OF DM
NEW HAMM COUNTY
-;.
BOX PAvE
lg,� 4851
STATE or MOM M CAROLIM1►
OOti" r OF RM HU"M
Y. a Notary Public Of the County and State aforesaid certify
that 1-YAW A-rZ4MOWJW personally cane before ao this day and
acknowledged that .j he isA-Secrcrc w of S O ,pp
COMPOMpR, a Motth Carolina Corporation, and that by aatharity
duly given and as the act Of the corporation, the foregoing
instrument was signed in its name by its President, sealed with its
corporate seal and attested by hst. as its Secretary.
:RTMSSS BY hand and official stamp and seal, this the A&
day of - 1993.
MY Commission lVires:
/- ao.T-W
14U Rpg11S L C
SMTR OF NOW.-H CARO-M&
NM lAmammeg Sommy
�FO�6/ �+�adCaaear�at
�+ryQ�IWtiiW Y�6icps/ aa�4Red
bpiemmKf.
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40.
\JZ I"Jl\111 \.AL\VLJ 11,
PIPE MAINTENANCE CERTIFICATION
LOT 60 CROSSWINDS SUBDIVISION
Lc. CY OF NEW °HANOVER
)� Homes I.nc. and Mr. Raybourne Batchelor Jr., corporately
an individually, do hereby certify that they shall maintain
ZI1; !;eep clean and clear the pipe which runs across the southern
(1- :) boundary of Lot 60 Crosswinds Subdivision Section 1.
In _lie event.. that the pipe is not maintained and kept clean
ai. clear, B. & D Development or the Crosswinds Homeowners
A:= Nation may, upon ten days notice, enter "the property and
tE� the necessary steps to accomplish the above. The cost of
maintenance shall be born by the legal owner of the
rty.
i. certification sh 11 -,ass to any future owners and such
o�. shall be made aware of the certification by its present
0V/! s .
day of February, 1992
Omn es Inc. .a d a bou ne Batchelor Jr.
%� HOMES,
3y _ 1 dent . T q��
T : /S4X�P OR�Q��
SEAL
Sec ry
.L
°Iy co'J�
STD. L E OF NORTH CAROLINA
COU_ITY OF NEW HANOVER
I, a Notary Public in and for the State and Count aforesaid,
do h e y cgrtify that Raybourne Batchelor Jr. and
1('aC personally appeared before me this day and
acknowledged that they are President and Secretary of Omni Homes
Inc., a North "Carolina corporation, and that by authority duly
given and as the act of the corporation, the foregoing instrument
was signed in its name by its President, se led with its
corporate seal and attested by_&jf.+-�jf nK
as its Secretary.
WITNESS my hand and notarial seal, this the day of
February, 1 2'.
rr�etlr•�
NnTgRYV PUBLIC �. �+ My Expires: 8
NOTARY