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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 This Certification shall be effective from the date of issuance until rescinded.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: CRQS5w1,JC>S b ET• IJ ❑ 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 PRODUCT 204-1(Siigk Siwis) 205.1(Aatlaetl) ®®Me, uMon. Mw.01Q1.To uiderPiMfiETOLLFRiE i-800-225-b"iap JOB LK055 w , ti nc' c- 4 4e W c 31 SHEET NO. ! OF 3 CALCULATED BY ' S 12 DATE CHECKED BY_- GL f DATE 7ZZ/9.? SITEWORKS DESIGN GROUP, P.A. P.O. Box 3988 WILMINGTON, NORTH CAROLINA 28406 (919) 799-6808 P=ae M-1 ("w 9wt) 2ffi- i iPetl4¢di Q®h ., Oroton. s 01471. To Or4ef PNONETOLL FREE 140 M4= JOB cROssW iNDS 5EC. y 9 64i SHEET NO. ,` OF CALCULATED BY Q4r3 DATE 71 & / q _3 CHECKED BY C L,f DATE 7/7/9.7 SITEWO RKS DESIGN GROUP, P.A. P.O. Box 3988 WILMINGTON, NORTH CAROLINA 28406 (919) 799-6808 JOB C, sc-c Ll q3031 SHEET NO. OF CALCULATED BY DATE — —7 It CHECKED BY cz- -T DATE _7Z7 93 .qr.Al P 3 .......... ... ........ . ... ............ ............. ............. ............ ............. ............. .............. ............. ..... ....................................... ...... ...... .............. ............. .......... .. ............. ................ . ....... ..... ... .. ...... ----------- ... ............ V .............. ..... ....... ............. ........... ...... ............... ............ - ............ .............. ............. ........... . ......... . ............. ............ . ... . ..... . .......... .... . . ............. . . ............ .......... ............. ........... . ............. ............. ........... .............. ............. 4 ............ .............. ...... ........................ .............. .......... . .. . . . . . . . .......... .... ............ ------- — ----- PRODUCT2W, j5WgkSktisj 20M 01471. TO OKOPWREMLL FM i-iWW-M $ITEWORKS DESIGN GROUP, P.A. P.O. Box 3988 WrLMINGTON, NORTH CAROLINA 28406 (919) 799-6808 Pfi6WC M-1 ISiipk ShMI205.1(rameal®eInc..Wtan. Min. 047I.To QftM1E MUFFE I-Mo- 3E0 JOB t4 20<S L. 'Vn S E 4 SHEET NO. OF CALCULATED BY AS h DATE 7// �// 4 3 CHECKED BY DATE 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 �0� # U 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. Vjt1� _ mi 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