SW8921115_COMPLIANCE_20070607 (2)

Shiver, Rick
From: Laton, Don [[e-mail]]
Sent: Thursday, January 14, 2010 2:41 PM
To: Shiver, Rick
Subject: FW: B&D Development
Attachments: image001 Jpg, MotionShowCause011210pdf.pdf
In case the old address doesn't work. And, the attached is not much of a problem for us, if any. We
need to talk about it. 919-716-6963. I've leaving now for a meeting with John Dorney which will last
for the rest of the day.
Thanks for your time with this matter,
Don
From: Coats, Beverly
Sent: Thursday, January 14, 2010 2:37 PM
To: rick. shiverCchncmail.net
Cc: Laton, Don
Subject: B&D Development
Attached are documents for your review and comment. Please give Don a call,
his direct # is 919/716-6963.
Thanks
Beverly Coats
Legal Assistant
Attorney General's Office
Environmental Division
919/716-6961

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
STATE' OF NORTH CAROLINA, ex ref
William G. Ross,'.Jr,-Secretary, North
Carolina Department of Environmental
And Natural Resourses
Plaintiff,
V.
B&D DEVELOPMENT CORPORATION,
WEDGEFIELD AT CROSSWINDS
SOUTH HOA, INC. and CROSSWINDS
HOA, INC.,
Defendants.
IN THE. GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
FILE NO. 04 CVS 2896
PLEASE TAKE NOTICE that the
RECEIVED
JAPI 1 3 1010
N.C. ATTORNEY GENERAL
Environmental Division
A T31k�'
NOTIEli& (i/F K�B[GYCURT
NEW HANO'lEp CO(1N'Y
sly 'A'ntFennr 'ti'+npsrn
O wly Club of uptxwt Cuwt
Defendant, WEDGEFIELD AT
CROSSWINDS SOUTH HOA, INC, by Counsel, and requests that its Motion in the
Cause and Rule to Show Cause be scheduled for hearing on Monday, February I, 2010,
Session of the Superior Court of New Hanover County, North Carolina at 10 a.m. or as
soon thereafter as the Court my hear the Motion
Respectfully submitted this the 12"' day of January, 2010.
BRIAN A. GE.SCHICKTER, ATTORNEY -AT -LAW
BRIAN A. GESCHICK'FER
N.C. State Bar No.: 32247
Altorney for Plaintiff
700 Military Cutoff Road, Suite 227
Wilmington, NC 28405
Telephone: [phone]
Brian A. Geschickter, Attorney -at -Law
700 Military Cutoff Itmd, Sunc 227, Wilmington, NC 28405

CERTIFICATE OF SERVICE
This is to certify that the undersigned has this day served this document in the above -
entitled action upon all other parties to this cause by depositing a copy hereof, postage pre -paid
in the United States Mail, properly addressed to:
Donald W. Lcton
Assistant Attorney General
N.C. Department of Justice
Environmental Division
9001 Mail Service Center
Raleigh, NC 27699-90001
Attorney for PlaintOl
Clay Collier
Crossley, McIntosh, Prior & Collier
1413 Commonwealth Drive, Suite 202
Wilmington, North Carolina 28403
Attorney for Defendant Br&D Development
Charles Meier
Marshall, Williams & Gorham
14 South 5°i Street
Wilmington, North Carolina 28401
Attorney for Defendant Crosswinds
This the 12'h day of January, 2010.
BRIAN A. GESCNICKTER, ATTORNEY -at -LAW
Brian A. Geschickter
N.C. State Bar No. 32247
700 Military Cutoff Road, Suite 227
Wilmington, North Carolina 28405
Telephone: [phone]
Facsimile: 910-3 32-5946
BRIAN A. GESCNICKTER, Attorney -at -Law
71M) At""'Y (:utnn K04 Aurc 227 - \Vdtnugpv. Noah Ca,,&. 21")5

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
STATE. OF NORTH CAROLINA, ex rel. )
William G. Ross, Jr., Secretary, North Carolina
Department of Environment arid- Natural Resources, )
Plaintiff )
vs. )
B&D DEVELOPMENT CORPORATION, )
WEDGEFIELD AT CROSSWINDS SOUTH )
HOA, INC., and CROSSWINDS I IOA, INC., )
Defendants
IN THE. GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
FILE NO.: 04 CVS 2896
RECEIVED
jpl 13 W
W.C.
C gTTORNEY GENERAL
Envlronn'°ntal Division
MOTION IN THE CAUSE
and
RULE TO SHOW CAUSE
C.OpY
Ri(;R CO
ORT
;1.: wo.M'I;E•ri 01t;TY
r'"v.,rnoson
NOW COMES the Defendant, Wedgefield at Crosswinds South, IIOA, Inc.., by
and through counsel, and pursuant to N.C.G.S. §5A- 21 and §5A-23, brings the Motion in the
Cause and request for Rule to Show Cause against the Defendant Crosswinds HOA, Inc., and in
support thereof alleges and says as follows:
Defendant, Wedgefield at Crosswinds South, I IDA, Inc., ("Wedgefield') is a
non-profit corporation formed and existing under the laws of the State of North Carolina.
2. Defendant, Crosswinds HOA, Inc., ("Crosswinds") is a non-profit corporation
formed and existing under the laws of the State of North Carolina
3. The Defendants were parties to that certain action listed above which was
resolved by entry of a Consent Judgment Order entered by Judge Jay Hockenbury on June 5,
2007, and filed with the Court on June 7, 2007 (sec Attached.)
4. Upon information and belief, pursuant to N.C.G.S. §5A-23(a), Defendant
Wedgefield has standing to bring this Motion before the Court as a party with an interest in
enforcing the Order.
BRIAN A. GESCHICKTER, Attorney -at -Law
71t1 Mlinam (:uroff Itmad, Suim 2V . Wdm.npin, N,nih (:arnhn, 2x105

S. Pursuant to Paragraph 2 of the Consent Judgment Order, Defendants Wedgefield
and Crosswinds were required to "... evaluate the capacity of the ditch which connects the front
and rear pond to convey the surface runoff, as close to the original plan as practicable to their
respective wet detention ponds."
6- Upon completion of the evaluation of the ditch, it was then enctunbent on the
Defendant Crosswinds " ... to maintain the above -described ditch, piping and other
appurtenances and keep them clear of obstructions."
Pursuant to Paragraphs 6 and 7 of the Consent Judgment, this Court retained
jurisdiction for the purposes of enforcing the terms of the order and further delineated and
ordered that the proper method for bringing action to enforce the Consent Judgment was by
bringing an action pursuant to Chapter SA of the North Carolina General Statutes.
R There has been no Order entered since the entry of the Consent Judgment, and
therefore, pursuant to Paragraph 6, the Consent Judgment Order remains in full force and effect.
Despite the Consent Judgment Orders clear and unambiguous language, it was
Defendant Wedgefield which performed, or caused to he performed, the required initial
evaluation of the ditch in order to return the ditch as close to the original plan as practicable.
10. Upon information and belief, since the original evaluation of the ditch was done
by Wedgefield in compliance with the Consent Judgment Order, Defendant Crosswinds has
failed to maintain the ditch, piping and other appurtenances and has failed to keep the same clear
of obstructions.
H. Upon information and belief, Defendant Crosswinds failure to maintain the ditch,
piping and other appurtenances and keep the same clear of obstruction, has been willful and
without just cause.
BRIAN A. GLSCHICKTER, Attomey-at-Law
WXJ Mihtary Cutoff Rwd, Suiw 227 \Rhniry;mn, Nomh ('jndim 28405

12. Upon information and belief, Defendant Crosswinds has willfully failed to
comply with this Court's Consent Judgment Order in order to control the amount of storm water
required to be handled by the designated stormwater system as originally designed.
13, Upon information and belief, the actions being taken by Defendant Crosswinds is
in direct violation of North Carolina Statute regarding the rights and responsibilities of
downstream land owners.
14. The effects of Crosswinds willful neglect of its responsibilities regarding the
ditch, appurtenances, and piping were evident on December 25, 2009, when:
a. Crosswinds and Wedgefteld encountered a rain event which caused 1.8 inches
of rain to fall in approximately a one hour period;
b. The intersections of Windjammer, Downrigger and Rushing became flooded
and Windjammer became impassable because of the rainfall.
15. Upon information and belief, the flooding of Windjammer, Downrigger and
Rushing was directly attributed to Crosswinds failure to properly maintain the ditch, and more
specifically keep the pipes and culverts free of obstruction at these intersections.
16. Crosswinds had been put on notice of the problems being encountered at the
Windjammer and Rushing intersections after a similar rain event occurred on or about December
1.2009.
17. Despite being put on notice of these problems, Crosswinds took no actions before
the rain event on December 25, 2009, to address the drainage issues at these intersections.
18. Upon information and belief, the actions/inaction by Defendant Crosswinds has
been, and continues to be, willful. Defendant Wedgefteld alleges that the purposes of the
Consent Judgment Order may still be served by entry of an order finding Defendant Crosswinds
BRIAN A. GESCHICICFER, Attorney-m-Law
7(r)Whwy Woff R,*d, Smn• 227 WJminK(w. N,,nh (:arnhm 2")5

in contempt of the Consent Judgment and ordering that Crosswinds purge itself of contempt by
taking, and continuing to take, the actions mandated by the Consent Judgment.
WHEREFORE, the Plaintiff prays the Court as follows:
That the Court issue a Rule to Show Cause directed to Defendant Crosswinds to
appear and give an explanation, if any they can, why they should not be held in contempt for
failing to comply with the terms of the Consent Judgment Order entered in this matter;
2. For the entry of an Order finding Defendant Crosswinds in civil contempt of this
Court's Consent Judgment Order and directing that Crosswinds take the following actions to
purge themselves of the contempt;
a. Provide the Court and Defendant Wedgefield with a schedule for the
maintenance of the ditch, pipes, and appurtenances; and direct Defendant Crosswinds to excavate
and devegitate the ditch immediately and maintain a frequency of the same of not more than six
month intervals.
b. Provide the Court and Defendant Wedgefield with the name, address, and
telephone number of the person and/or entity who will be responsible for the maintenance of the
ditch, pipes, and appurtenances; and direct that person to communicate any and all information
regarding the care and maintenance of the floodway to the President of the Board of Directors for
Wedgefield; and
c. Pay Defendant Wedgefield the sum of TWO THOUSAND SIX HUNDRED
DOLLARS (S 2600.00) within 10 days of the entry of the Order to reimburse Wedgefield for the
expenses it has incurred to ensure that the ditch, pipes, and appurtenances have been properly
maintained and kept clear of instruction since the date of the joint "clean up" performed by
Wedgefield and Crosswinds up to and including the date that the Order for Contempt is entered;
BRIAN A. GESCHICKTER, Attomcyat-IAw
7W AWA, Cnmff and, San, 227 - Mimmgum, Nonh Candma 2W5

3. That Crosswinds be required to reimburse Wedgefield for the reasonable attorney's
fees it has incurred in the bringing of this motion and rule to show cause; and
5. That the Defendant Wedgefield have such other and further relief as the Court
may deem just and proper.
This the 1216 day of January, 2010.
BRRIIAN A. GGESCHICKTER, Attorney -at -Law
BRIAN A. GESC -11CKTER
N.C. Bar No. 32247
700 Military Cutoff Road, Suite 227
Wilmington, NC 28405
Tel.: [phone]
BRIAN A. GESCHICKTER, Attorney -at -Law
$XI Military Culoff K,W. Swlc 227 - Wihwngmn, Nunh Cnoh.n 21WS

STATE OF NORTH CAROLINA
VERIFICATION
COUNTY OF NEW HANOVER
VINCENT L. CALCAGNO, being first duly sworn, deposes and says that he is the Agent
for Wedgefield at Crosswinds South HOA, INC, a party to the foregoing action, that he knows
the contents of the foregoing document, that the same are true of his own knowledge, except for
those matters stated on information and belief, and as to those matters, he believes them to be
true.
3, Agent
South, HOA, Inc.
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
1, 11Ar xvPn 1 . I byyr N/NA , a Notary Public of the County and State aforesaid,
certify that VINCENT CALCAGN rsonally appeared before me this day, and acknowledged
the due execution of the foregoing instrument by him or her for the purposes stated therein, and
that:
(\� I have personal knowledge of the identity of the principal, or
I have seen satisfactory evidence of the principal's identity by a current state of federal
identification with the principal's photograph in the form of a driver's license.
This the�day of �r,loef 2009. IIN„IIIN/tµ
NMARY�C� lDY
U C (OFFICIAL SFA14 NOTARY /O g
PUBLIC
Ve/1 nln sf
Print Name —� �'%.f„z9/ypn/EfLCI'O�`°,,
My Commission expires: sl - nI �l
BRIAN A. GESCHICKTER, Attorney -at -law
7(K) \hLe)ry Cuwfl aoad, Swtn 227 - Wdm.gton, Narth lamlina 28a)5

STATE OF NORTH CAROLINA
V yRIFICATION
COUNTY OF NEW IIANOVER
CLIFFORD If. WILLMAN, JR., being first duly sworn, deposes and says that he is the
President of the Board of Wedgefield at Crosswinds South HOA, INC., foregoing action, that he
knows the contents of the foregoing document, that the same are true of his own knowledge,
except for those matters stated on information and belief, and as to those matters, he believes
them to be true.
O 11. W IL JR ,President
STATE OF NORTH CAROLINA
COUNTY OF NEW I IANOVER
1, Lou 7,y -,n L. V6Cn•!\9 , a Notary Public of the County and State aforesaid,
certify that CLIFFORD H. WILLMA , JR. personally appeared before me this day, and
acknowledged the due execution of the foregoing instrument by him or her for the purposes
stated therein, and that:
(• f� I have personal knowledge of the identity of the principal; or
( ] I have seen satisfactory evidence of the principal's identity by a current state of federal
identificationwiththe principal's photograph in the form of a driver's license.
This the V-��ay of _, [o m of _ . _ __, 2009. •„a• tt„uw,w
y.•`• 1. Ho �•.
F' �i� Rti tis
ARY P1J . . (OFFICIAL SEAL)15 NOTPR
PUBLIC
Print Name s•.� g)\JEp
My Commission expires:
SI2.0 2a
BRIAN A. GESCHICKTER, Attorneyat-Law
AN) Mduary Cwurf Mud. Suite 227 - \Vi6tungtmt, Nunh 1 ]mlina 29405

CERTIFICATE OF SERVICE
This is to certify that the undersigned has this day served this document in the above -
entitled action upon all other parties to this cause by depositing a copy hereof, postage pre -paid
in the United States Mail, properly addressed to:
Donald W. Laton
Assistant Attorney General
N.C. Department of Justice
Environmental Division
9001 Mail Service Center
Raleigh, NC 27699-90001
Attorney for Plaintiff
Clay Collier
Crossley, McIntosh, Prior & Collier
1413 Commonwealth Drive, Suite 202
Wilmington, North Carolina 28403
Attorney for Defendant B&D Development
Charles Meier
Marshall, Williams & Gorham
14 South 51h Street
Wilmington, North Carolina 28401
Attorneyfor Defndant Crosswinds
This the 12'h day of January, 2010.
BRIAN A. GESCHICKTER, ATTORNEY -at -LAW
CLa�_i _
Brian A. Geschickter
N.C. Stale Bar No. 32247
700 Military Cutoff Road, Suite 227
Wilmington, North Carolina 28405
Telephone:[phone]
Facsimile: 910-332-5946
BRIAN A. GESCHICKTER, Atto.ncy-at-Law
W Mthmry I:utaR Kind, Sutw 227 - W,hmnpm , No h Cuohns 28"

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA, ex reL )
William G Ross, Jr., Secretary, )
Secretary, North Carolina Department of )
Environment and Natural Resources, )
)
Plaintiff, )
vs )
B&D DEVELOPMENT CORPORATION, )
WEDGEFIELD AT CROSSWINDS )
SOUTH HOA, INC., and CROSSWINDS )
HOA, INC., )
Defendants. )
IN TIM GENERAL COURT OF JUSTICE
SUPERjOR COURT DIVISION
04-CvS-2896
A TRUE COPY
CLERK OF SUPERIOR COURT
NEW HANOVER COUNTY
BY. Katherine 4)ibala-WrBht
Deputy Clerk of Superior Court
C N 'EN'C JUD_GNFENT
Plaintiff, State of North Carolina ("State"), Defendant B&D Development
Corporation (hereinafter "B&D"), Defendant Wedgefield at Crosswinds South HOA, Inc.
(hereinafter "Wedgefield"), and Defendant Crosswinds HOA, Inc (hereinafter "Crosswinds"),
and William K. Trask (hereinafter "Trask"), hereby agree to the entry of this Consent Judgment
in order to resolve the matters in controversy between the parties Service of process of the
Complaint and the Amended Complaint filed herein is hereby accepted and the jurisdiction of
this Court hereby acknowledged by all Defendants The parties agree that this Consent
Judgment may be signed out of county, out of term or session, and out of district.
The State brought this civil action to compel B&D to take corre
ctive action to
restore stornwater control measures as required by Storrnwater Management Certification
No.921115 and Stormwater Management Certification No 930710 ("the Certifications"). The
stormwater control measures, which are required by the Certifications are located in the

Crosswinds and Wedgefield residential subdivisions in Wilmington, New Hanover County, The
State filed an Amended Complaint on or about March 14, 2006, to add Crosswinds and
Wedgefield as defendants in accordance with an order entered by The Honorable D. Jack Hooks,
Jr. on or about February 8, 2006, ruling that Crosswinds and Wedgefield are necessary parties to
any final decision in this litigation.
STIPU� LATIUNS - I+ACT
Plaintiff is the sovereign State of North Carolina- This action was brought on the
relation of William G. Ross, Jr., Secretary of the Department of Environment and
Natural Resources, the State agency established pursuant to N.C. Gen. Stat. §
143B-275, et egg., and vested with the statutory authority to enforce the State's
environmental laws, including laws enacted to protect the water quality of the
State
2 Defendant B&D Development Corporation is a North Carolina corporation doing
business in New Hanover County, North Carolina B&D's registered agent is
Dick 1 Thompson. B&D's principal mailing address and registered office address
is 11 I Merchant Lane, Carolina Beach, North Carolina 28248,
3 Defendant Wedgefield is an association of property owners served by the
stormwater control systems which are the subject matter of this civil action.
4 Defendant Crosswinds is an association of property owners served by the
stormwater control systems which are the subject matter of this civil action.
5. On or about April 28. 1993, B&D submitted a revised application for a
Certification of Compliance with Stormwater Regulations for Stormwater Project
2
/t/

No. 921115, Wedgefield, to DENR's Division of Water Quality Wilmington
Regional Office ("DWQ").
6. On or about July 19, t993, B&D submitted an application for a Certification of
Compliance with Stormwater Regulations for Stormwater Project No. 930710,
Crosswinds, to DWQ.
7. On or about October 12, 2000, B&D responded to DWQ and offered to take
corrective action on the rear pond, including provision of additional surface areas
and volume based upon the design criteria then in effect to the extent reasonably
possible.
8. On February 26, 2001, DWQ issued a Final Notice of Violation to B&D which set
forth violations of the Certification committed by B&D. The final Notice of
Violation was received by B&D on February 27, 2001.
9. On April 20, 2001, B&D submitted an application for modification, which
proposed corrective action to bring the rear pond into compliance with the
Certification.
10. On June 25, 2001, DWQ requested additional information about the rear pond
from B&D.
11. On December 3, 2001, DWQ informed B&D that its modification application
remained incomplete and that the Company's proposed time frame for the
completion of the modifications was unacceptable.
12. On December 27, 2001, B&D stated in a letter to DWQ that meeting a deadline of
January 3, 2002, for completion of any work which DWQ and B&D might agree
upon was not possible for B&D to achieve.
3
M

13. On November 6, 2002, DWQ issued a Notice of Violation to B&D for violations
of Stormwater permit No. 921115 (the front pond), which was received by B&D.
14. The State did not issue any Notices of Violation to Wedgefield or Crosswinds.
15. Wedgefield has limited financial means and needs a reasonable period of time to
maintain and make repairs to the Wedgefield pond.
16. Because of the front berm it is impracticable to restore the slope on the west bank
of the Wedgefield pond to a 3:1 ratio. Similarly there is limited space to access
the north bank of the pond due to swimming pool construction at that site.
17. There is limited access to the front pond because of the front berm between
College Road and the front pond and there are no other access easements to the
front pond,
CONCLUSIONS OF LAW
1. This Court has personal jurisdiction over the parties and subject matter
jurisdiction over the controversy. The Complaint states a claim upon which relief
can be granted.
2. This Consent Judgment entered into by the parties is fair and will terminate the
controversy between them in regards to this proceeding.
ORDER
IT IS THEREFORE, upon consent of the parties, and without the taking of any
testimony, ORDERED, ADJUDGED and DECREED:
Defendant B&D shall:
(a) Within ninety (90) days from the entry of this Consent Judgment perform
such excavation as is necessary to provide additional surface area at the
4
.1k

permanent pool elevation in the rear pond as permitted under 930710, on
the rear portions of Lots 304 and 305, Section 5, Crosswinds, as shown on
a map recorded in Map Book 35, Page 316, New Hanover County Register
of Deeds, owned by Trask as shown and highlighted on the attached
Exhibit A, to meet the requirements of 15A NCAC 2H.1003(i) (1988), to
the extent feasible. Crosswinds and Trask shall provide B&D access to
the pond to perform the work and release B&D from any claims of
Crosswinds or Trask associated with the work. At the conclusion of the
work, Trask and spouse shall deed to Crosswinds those portions of Lots
304 and 305 of Crosswinds as shown and highlighted on the attached
Exhibit A. The outlet structure shall remain "as is" with no increase in
elevation.
(b) Within thirty (30) days from the entry of this Consent Judgment, B&D
shall pay to Crosswinds the sum of $6,500.00 to increase the number or
size of the pipe(s) connecting the two rear ponds.
2. Wedgefield and Crosswinds shall evaluate the capacity of the ditch which
connects the front and rear pond to convey the surface runoff, as close to the
original plan as practicable to their respective wet detention ponds. Subject to the
results of that evaluation, Wedgefield and Crosswinds may install a plug in the
interior drainage ditch at the appropriate break point, contingent on the removal,
by any third party, of any hydraulic barriers downstream, in the Highway 132
ditch. Neither Wedgefield nor Crosswinds shall be required by this Consent
5
RAP

Judgment to remove any such hydraulic barriers downstream of the subdivisions.
Crosswinds shall be required to maintain the above -described ditch, piping and
other appurtenances and keep them clear of obstructions.
3. (a) Wedgefield shall remove silt from the front pond to restore its depth, as near to the
original plan as practicable. Wedgefield shall perform the work on the front pond
with a backhoe and shall only be required to remove the sediment from the
interior of the pond to restore the slopes on the south bank and north bank to as
close as a 3:1 ratio as practicable. Wedgefield shall not be required to restore the
slope on the west bank of the front pond to a 3:1 ratio. Wedgefield may utilize
the spoil material from the excavation to restore the south and north banks'
slopes. Any action by Wedgefield is contingent upon the North Carolina
Department of Transportation: granting a permanent access and maintenance
easement to the front pond. Any action by Wedgefield is further contingent upon
Wedgefield being able to construct permanent access from Highway 132 to the
front pond for no more than $2,500.00. DWQ and Wedgefield shall negotiate an
appropriate schedule for completion of the work.
(b) Within thirty (30) days from the entry of this Consent Judgment, B&D shall pay
to Wedgefield the sum of $6,500.00 to help defray the costs for the activities
referenced in paragraph 3(a) herein.
4. Upon completion of the pond excavation, Wedgefield shall clear, reseed and
establish a permanent groundcover on the banks surrounding the front pond
permitted under 921115 from the water line to the top of the slope of said banks.
R
IA

5. The Plaintiff shall, to the extent required by the North Carolina General Statutes
and any rules promulgated there under authorize, grant and provide any and all
permits, if necessary, required for B&D and/or Wedgefield, and /or Crosswinds,
at no cost to perform the activities which are referenced herein and agreed upon
by the parties. All activities undertaken pursuant to this Consent Judgment are
deemed by agreement of the parties to be maintenance which will not require the
application for, or issuance of, any permits by the plaintiff.
6. The Court shall retain necessary jurisdiction of this matter for purposes of
enforcing the terms of this Consent Judgment and, for determining upon any
motion by either party that the requirements of this Consent Judgment have been
met and that dissolution of it is appropriate.
7. That the orders issued by the Court shall be enforceable by and through the
contempt powers of this Court pursuant to Chapter SA of the North Carolina
General Statutes.
8. That each party shall bear its own costs and attorney fees.
9. Upon confirmation of compliance with the terms and conditions of this Consent
Judgment, the parties shall, to the extent allowed by the North Carolina General
Statutes and any rules promulgated thereunder take all reasonable and necessary
action to ensure that the stormwater permits referenced herein and the related
individual permits which cover the built -upon area maximums of the individual
lots within sections of Crosswinds and Wedgefield shall be transferred to and
accepted by the Crosswinds Homeowners Association, Inc. and the Wedgefield at
Crosswinds South Homeowners Association, Inc. (as applicable). Upon transfer,
7

the Plaintiff shall consider that each association is in compliance with these
permits, or if not in compliance, the State shall take no action against the
defendants for existing noncompliances that are a part of or caused by the original
construction. The respective Homeowners Associations shall be required to
maintain their systems in compliance with the Permits as modified by this
Agreement.
10. That the parties, with court approval, may jointly modify the provisions of this
Consent Judgment.
jh
This the day of
8

WE CONSENT:
B&D
By:
DEVEMENT, INC.
pThomson
Treasurer
By:
clay A. Collier
Attorney at Law
2451 S. College Road
Wilmington, NC 28412
WIT LIAM K. TRASK
/k

WEDGEFIELD AT CROSSWINDS
SOUTH HOA, INC. /
BY:
William G. Wright %—
Shipman & Wright, LLP
I l S. Fifth Avenue
Wilmin 1
B i nt sid t
10

CROSS A, INC.
By:
Charles D. Meier
Marshall, Williams & Gorham, L.L.P.
P. O. Drawer 2088
Wilmington, NC 28402-2088
By:
Al Barone, Vice President

NORTH CAROLINA DEPARTMENT
OF ENVIRONMENT AND NATURAL
RESOURCES, DIVISION OF
WATER QUALITY
By.
Alan Klimek, P.E. Director of the
Division of Water Quality
ROY COOPER
Attorney General
By:
D nal . Laton
Assistant Attorney General
N.C. Department of Justice
Environmental Division
9001 Mail Service Center
Raleigh, NC 27699-9001
Telephone: [phone]
Attorney for Plaintiff
12
'11

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IOHN F. CROSSLEY (1921-M)
DOUGLAS F. MCINTOSH
CLAY ALLEN COLLIER
SAMUEL H. MACRAE
ANDREW HANLEY
BRIAN E. EDES
CHRISTOPHER J. SKINNER
'THOMAS F. MOFFI7T
Of Counsel
Donald W. Laton, Esq.
CROSSLEY MCINTOSH & COLLIER
ATTORNEYSATLAW
2451 SOUTH COLLEGE ROAD
W I LM INGTON, NORTH CA ROLINA 28412
June 7, 2007
(REGULAR MAIL)
Assistant Attorney General
N.C. DEPARTMENT OF JUSTICE
Environmental Division
9001 Mail Service Center
Raleigh, NC 27699-9001
Charles D. Meier, Esq. (HAND DELIVERY VIA COURTHOUSE MAILBOX)
MARSHALL, WILLIAMS & GORHAM
Post Office Drawer 2088
Wilmington, NC 28402
William G. Wright, Esq. (HAND DELIVERY VIA COURTHOUSE MAILBOX)
SHIPMAN & WRIGHT, LLP
I 1 South Fifth Street
Wilmington, NC 28401
TELEPHONE 910n62.9711
FAx [phone]
TOLL FREE 800/499-9711
E-mail Clayc@CMP61aW,wM
e�ECEIVED
JUN 12 Z007
N.C. ATTORNEY GENERAL
Environmental Division
RE: State of North Carolina, ex rel., William G. Ross, Jr., Secretary, North Carolina
Department of Environment and Natural Resources v. B&D Development
Corporation, Wedgefield at Crosswinds South HOA, Inc., and Crosswinds
HOA, Inc. (04 CVS 2896 — New Hanover County)
Gentlemen:
1 am enclosing herewith a filed copy of the CONSENT JUDGMENT entered in the
above -referenced matter. My client has begun preparation to satisfy its obligations pursuant to
paragraph l(a) of the "Order" section of the Consent Judgment. My client will satisfy its
remaining obligations pursuant to the Consent Judgment in the near future.
With respect to the obligation of the parties contained in paragraph 9 of the "Order"
section to the Consent Judgment, please advise if it is mutually agreeable to utilize the permit
transfer forms which were previously prepared and presented to the respective Homeowners
Associations. I am wondering whether any of your clients would have copies of these
documents. If so, I would suggest that these documents be executed by the respective HOA rep-
resentatives and presented to the local NCDENR office for approval and acceptance.
1 again congratulate you all on your success in negotiating a mutually agreeable
resolution to the respective claims between the parties relative to the stormwater management

Donald W. Laton, Esq.
Charles D. Meier, Esq.
William G. Wright, Esq.
June 7, 2007
system in this development. I look forward to working with you toward final resolution and
invite you to contact me if you have any questions or concerns in the interim.
Yours very truly,
CROSSI.EY McINTOSH & COLLIER
Cla n-C
flier
CAC/pbw
encl.

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA, gxx rel
William G. Ross, Jr., Secretary,
Secretary, North Carolina Department of
Environment and Natural Resources,
Plaintiff,
vs.
B&D DEVELOPMENT CORPORATION,
WEDGEFiELD AT CROSSWINDS
SOUTH HOA, INC., and CROSSWINDS
HOA, INC.,
Defendants.
IN THE GEN1rRAL COURT OF JUSTICE
SC3Pl:i1IQR COURT DIVISION
04-68-2896
A TRUE COPY
CLERK OF SUPERIOR COURT
NEW HANOVER COUNTY
BY: Katherine Dfbala-Wright
Deputy Clerk of superior Court
CONS>'w>VT JUDGMENT
Plaintiff, State of North Carolina ("State"), Defendant B&D Development
Corporation (hereinafter "B&D"), Defendant Wedgefield at Crosswinds South HOA, Inc.
(hereinafter "Wedgefield"), and Defendant Crosswinds HOA, Inc. (hereinafter "Crosswinds"),
and William K. Trask (hereinafter "Trask"), hereby agree to the entry of this Consent Judgment
in order to resolve the matters in controversy between the parties. Service of process of the
Complaint and the Amended Complaint filed herein is hereby accepted and the jurisdiction of
this Court hereby acknowledged by all Defendants. The parties agree that this Consent
Judgment may be signed out of county, out of term or session, and out of district.
The State brought this civil action to compel B&D to take corrective action to
restore stormwater control measures as required by Stormwater Management Certification
No.921115 and Stormwater Management Certification No. 930710 ("the Certifications,,). The
Stormwater control measures, which are required by the Certifications are located in the

Crosswinds and Wedgefield residential subdivisions in Wilmington, New Hanover County. The
State filed an Amended Complaint on or about March 14, 2006, to add Crosswinds and
Wedgefield as defendants in accordance with an order entered by The Honorable D. Jack Hooks,
Jr. on or about February 8, 2006, ruling that Crosswinds and Wedgefield are necessary parties to
any final decision in this litigation.
1. Plaintiff is the sovereign State of North Carolina. This action was brought on the
relation of William G. Ross, Jr., Secretary of the Department of Environment and
Natural Resources, the State agency established pursuant to N.C. Gen. Stat. §
143B-275, g AM.., and vested with the statutory authority to enforce the State's
environmental laws, including laws enacted to protect the water quality of the
State.
2. Defendant B&D Development Corporation is a North Carolina corporation doing
business in New Hanover County, North Carolina. B&D's registered agent is
Dick J. Thompson. B&D's principal mailing address and registered office address
is 111 Merchant Lane, Carolina Beach, North Carolina 28248.
3. Defendant Wedgefield is an association of property owners served by the
stormwater control systems which are the subject matter of this civil action.
4. Defendant Crosswinds is an association of property owners served by the
stormwater control systems which are the subject matter of this civil action.
5. On or about April 28, 1993, B&D submitted a revised application for a
Certification of Compliance with Stormwater Regulations for Stormwater Project
2

No. 921115, Wedgefield, to DENR's Division of Water Quality Wilmington
Regional Office ("DWQ").
6. On or about July 19, 1993, B&D submitted an application for a Certification of
Compliance with Stormwater Regulations for Stormwater Project No. 930710,
Crosswinds, to DWQ.
7. On or about October 12, 2000, B&D responded to DWQ and offered to take
corrective action on the rear pond, including provision of additional surface areas
and volume based upon the design criteria then in effect to the extent reasonably
possible.
S. On February 26, 2001, DWQ issued a Final Notice of Violation to B&D which set
forth violations of the Certification committed by B&D. The final Notice of
Violation was received by B&D on February 27, 2001.
9. On April 20, 2001, B&D submitted an application for modification, which
Proposed corrective action to bring the rear pond into compliance with the
Certification.
10. On June 25, 2001, DWQ requested additional information about the rear pond
from B&D.
IL On December 3, 2001, DWQ informed B&D that its modification application
remained incomplete and that the Company's proposed time frame for the
completion of the modifications was unacceptable.
12. On December 27, 2001, B&D stated in a letter to DWQ that meeting a deadline of
January 3, 2002, for completion of any work which DWQ and B&D might agree
upon was not possible for B&D to achieve.
3

13. On November 6, 2002, DWQ issued a Notice of Violation to B&D for violations
of Stornwater Permit No. 921115 (the front pond), which was received by B&D.
14. The State did not issue any Notices of Violation to Wedgefield or Crosswinds.
15. Wedgefield has limited financial means and needs a reasonable period of time to
maintain and make repairs to the Wedgefield pond.
16. Because of the front berm it is impracticable to restore the slope on the west bank
of the Wedgefield pond to a 3:1 ratio. Similarly there is limited space to access
the north bank of the pond due to swimming pool construction at that site.
17. There is limited access to the front pond because of the front berm between
College Road and the front pond and there are no other access easements to the
front pond.
CONCLUSIONc QFE L&W
1. This Court has personal jurisdiction over the parties and subject matter
jurisdiction over the controversy. The Complaint states a claim upon which relief
can be granted.
2. This Consent Judgment entered into by the parties is fair and will terminate the
controversy between them in regards to this proceeding.
IT IS THEREFORE, upon consent of the parties, and without the taking of any
testimony, ORDERED, ADJUDGED and DECREED:
1. Defendant B&D shall:
(a) Within ninety (90) days from the entry of this Consent Judgment perform
such excavation as is necessary to provide additional surface area at the
4

permanent pool elevation in the rear pond as permitted under 930710, on
the rear portions of Lots 304 and 305, Section 5, Crosswinds, as shown on
a map recorded in Map Book 35, Page 316, New Hanover County Register
of Deeds, owned by Trask as shown and highlighted on the attached
Exhibit A, to meet the requirements of 15A NCAC 2H.1003(i) (1988), to
the extent feasible. Crosswinds and Trask shall provide B&D access to
the pond to perform the work and release B&D from any claims of
Crosswinds or Trask associated with the work. At the conclusion of the
work, Trask and spouse shall deed to Crosswinds those portions of Lots
304 and 305 of Crosswinds as shown and highlighted on the attached
Exhibit A. The outlet structure shall remain "as is" with no increase in
elevation.
(b) Within thirty (30) days from the entry of this Consent Judgment, B&D
shall pay to Crosswinds the sum of $6,500.00 to increase the number or
size of the pipc(s) connecting the two rear ponds.
2. Wedgefield and Crosswinds shall evaluate the capacity of the ditch which
connects the front and rear pond to convey the surface runoff, as close to the
original plan as practicable to their respective wet detention ponds. Subject to the
results of that evaluation, Wedgefield and Crosswinds may install a plug in the
interior drainage ditch at the appropriate break point, contingent on the removal,
by any third party, of any hydraulic barriers downstream in the Highway 132
ditch. Neither Wedgefield nor Crosswinds shall be required by this Consent
5
in

Judgment to remove any such hydraulic barriers downstream of the subdivisions.
Crosswinds shall be required to maintain the above -described ditch, piping and
other appurtenances and keep them clear of obstructions.
3. (a) Wedgefield shall remove silt from the front pond to restore its depth, as near to the
original plan as practicable. Wedgefield shall perform the work on the front pond
with a backhoe and shall only be required to remove the sediment from the
interior of the pond to restore the slopes on the south bank and north bank to as
close as a 3:1 ratio as practicable. Wedgefield shall not be required to restore the
slope on the west bank of the front pond to a 3:1 ratio. Wedgefield may utilize
the spoil material from the excavation to restore the south and north banks'
slopes. Any action by Wedgefield is contingent upon the North Carolina
Department of Transportation: granting a permanent access and maintenance
casement to the front pond. Any action by Wedgefield is further contingent upon
Wedgefield being able to construct permanent access from Highway 132 to the
front pond for no more than $2,500.00. DWQ and Wedgefield shall negotiate an
appropriate schedule for completion of the work.
(b) Within thirty (30) days from the entry of this Consent Judgment, B&D shall pay
to Wedgefield the sum of $6,500.00 to help defray the costs for the activities
referenced in paragraph 3(a) herein.
4. Upon completion of the pond excavation, Wedgefield shall clear, reseed and
establish a permanent groundcover on the banks surrounding the front pond
permitted under 921115 from the water line to the top of the slope of said banks.
v

5. The Plaintiff shall, to the extent required by the North Carolina General Statutes
and any rules promulgated there under authorize, grant and provide any and all
permits, if necessary, required for B&D and/or Wedgefield, and /or Crosswinds,
at no cost to perform the activities which are referenced herein and agreed upon
by the parties. All activities undertaken pursuant to this Consent Judgment are
deemed by agreement of the parties to be maintenance which will not require the
application for, or issuance of, any permits by the plaintiff.
6. The Court shall retain necessary jurisdiction of this matter for purposes of
enforcing the terms of this Consent Judgment and, for determining upon any
motion by either party that the requirements of this Consent Judgment have been
met and that dissolution of it is appropriate.
7. That the orders issued by the Court shall be enforceable by and through the
contempt powers of this Court pursuant to Chapter 5A of the North Carolina
General Statutes.
8. That each party shall bear its own costs and attorney fees.
9. Upon confirmation of compliance with the terms and conditions of this Consent
Judgment, the parties shall, to the extent allowed by the North Carolina General
Statutes and any rules promulgated thereunder take all reasonable and necessary
action to ensure that the stormwater permits referenced herein and the related
individual permits which cover the built -upon area maximums of the individual
lots within sections of Crosswinds and Wedgefield shall be transferred to and
accepted by the Crosswinds Homeowners Association, Inc. and the Wedgefield at
Crosswinds South Homeowners Association, Inc. (as applicable). Upon transfer,
is

the Plaintiff shall consider that each association is in compliance with these
permits, or if not in compliance, the State shall take no action against the
defendants for existing noncompliances that are a part of or caused by the original
construction. The respective Homeowners Associations shall be required to
maintain their systems in compliance with the Permits as modified by this
Agreement.
10. That the parties, with court approval, may jointly modify the provisions of this
Consent Judgment.
This the .S day of
8
M

WE CONSENT:
B&D DEVEL MENT, INC.
By:
Die J. Thompson
Treasurer
By:
Clay A. Collier
Attorney at Law
2451 S. College Road
Wilmington, NC 28412
WILLIAM K. TRASK
FM

WEDGEFIELD AT CROSSWINDS
SOUTH HOA, INC.
ay: �e ��—
William G. Wright
Shipman & Wright, LLP
11 S Fifth Avenue
Wilmin 1
B itnt sid t
10

CROSS A, INC.
By:
Charles D. Meier
Marshall, Williams & Gorham, L.L.P.
P. O. Drawer 2088
Wilmington, NC 28402-2088
By:<�c Q
Al Barone, Vice President
11

NORTH CAROLINA DEPARTMENT
OF ENVIRONMENT AND NATURAL
RESOURCES, DIVISION OF
WATER QUALITY
By: taA'<'.V A IA'A:j. Fes,
Alan Klimek, P.E. Director of the
1� 1 Division of Water Quality
ROY COOPER
Attorney General
By:
D nal . Laton
Assistant Attorney General
N.C. Department of Justice
Environmental Division
9001 Mail Service Center
Raleigh, NC 27699-9001
Telephone: [phone]
Attorney for Plaintiff
12

EXHIBIT A TO CONSENT JUDGMENT - 04 CVS 2896
2O.J' o � ' /5 C41pV
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21.71
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1
i 224
C\! DITCH
C� 14.8 /
INV,ia22 /
OUTLET STRUCTURE 223 /
\\>II1 TOP 5
j1�1�11,` WV. IA1d52 /Di TCH
222
221
1
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- -++• /N .17 7
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)873'� 1.VO ACRES 1

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LOTS 34-37, 1
WEDGEF/ELD
crosswrwns Bourn �
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MEMORANDUM
Date:— April 1, 2003
To: Mr. Bob Sledge
From: Linda Lewis'
Through: Rick Shiver
Subject: Request for Injunctive Relief
Project: SW8 930710 and SW8 921115 Crosswinds Subdivision
Location: New Hanover County
Dear Bob:
As of this date, repeated Notices of Violation, Enforcement Actions and meetings
with Dick Thompson of B & D Developers, his lawyer and his engineer have failed to
resolve the situation at Crosswinds. Mr. Thompson refuses to do anything.
The homeowners at Crosswinds have continued to experience flooding which
threatens their homes. The surface area of the pond permitted under 930710 is currently
only 1.4 acres when it should be 1.9 acres, and the pond permitted under 921115 has
fallen into a complete state of disrepair. Dye tests have confirmed that runoff which is
supposed to be draining to the 921115 pond is actually draining to the 930710 pond.
We are hereby requesting that you begin the process of seeking injunctive relief to
compel Mr. Thompson to provide the 1.9 acres of pond area in the 930710 pond and to
perform the necessary repairs and maintenance on the 921115 pond to comply with the
stormwater management permits.
Thank you.
S:\WQS\STORMWAT\MEMOS\930710.APRO3

;l A� —i
W Y
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
November 6, 2002
CERTIFIED MAIL #7001 1940 0000 4636 3903
RETURN RECEIPT REQUESTED
Mr. Dick Thompson
B&D Developers
PO Box 777
Carolina Beach, NC 28428
Dear Mr. Thompson:
Alan W. Klimek, P.E., Director
Division of Water Quality
Wilmington Regional Office
Subject: NOTICE OF VIOLATION -
Crosswinds South
Stormwater Permit No. SW8 921115
New Hanover County
On October 11, 2002, Wilmington Regional Office personnel performed a Compliance
Inspection of the project known as Crosswinds South, located at the comer of NC 132 (S.
College Road) and Wedgefield Drive in New Hanover County, North Carolina. The inspection
was performed to determine the status of compliance with Stormwater Permit Number SW8
921115, issued to you on April 29, 1993.
The project has been found in violation of Stormwater Permit Number SW8 921115,
issued pursuant to the requirements of 15A NCAC 2H.1000. As the permit holder of record, you
must comply with the conditions and terms of the permit until such time as the Division approves
a request to transfer the permit. The violations found are:
1. Failure to address the items listed in the past three inspection reports dated July
22, 1994, March 26, 1998, and October 26, 2000.
2. Failure to notify the Division and provide the necessary paperwork upon transfer
of ownership to the HOA.
3. Failure to provide the necessary inspection and maintenance for the permitted wet
detention pond, resulting in overgrown slopes, blocked access to the outlet
structure, questionable pump operation, slope erosion, and reduction of the
surface area by approximately 3,000 ft' due to silting in of the pond.
4. Modifying the outlet structure without first submitting a modification to the
Division for approval.
To correct these violations you must
1. Provide a written "Plan of Action" which outlines the actions you will take to
correct the violations and a time frame for completion of those actions, on or
before December 6, 2002.
N.C. Division of Water Quality 127 Cardinal Drive
dw4
NCDENR
28405 [phone] Fax [phone] Customer service
800-623-7748

Mr. Thompson
November 6, 2002
Stormwater Permit No. SW8 921115
2. Provide the necessary paperwork to transfer the permit to the HOA upon
completion of maintenance items.
Immediately provide the necessary maintenance to restore the pond to design
condition.
4. Submit a modification for the outlet structure to address the problems of draw
down and possible back -flow from the ditch along South College Road into the
pond.
Failure to provide the 'Plan of Action" by December 6, 2002, or to correct the violations
by the date designated in the "Plan of Action", are considered violations of 15A NCAC 2H.1000,
and may result in the initiation of enforcement action which may include recommendations for
the assessment of civil and criminal penalties, pursuant to NCGS 143-215.6A.
By copy of this letter to the New Hanover County Building Inspector, this Office is
requesting that the Building Inspector continue to withhold building permits for Lots 218, 304,
305, 337, 337A, and 338 in Section 4 of Crosswinds until this matter is satisfactorily resolved.
Those lots are potential areas for pond expansion, should that be the route chosen to address the
violations in the SW8 930710 pond.
If you have any questions concerning this matter, please call Ms. Linda Lewis at (910)
395-3900.
Sincerely,
ert&,
a �Cn (3
Rick Shiver
Water Quality Regional Supervisor
RSS:\arl S:\WQS\STORMWAT\NOTICE\921115.NOV
cc: Larry Sneeden, P.E.
Jill Hickey, Attorney General's Office
Clay Collier, Attorney
Tony Roberts, New Hanover County Building Inspections
Wade Harris, President, Crosswinds HOA
Linda Udwisl
Central Office

State of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
James B. hunt, Jr., Governor
Bill Holman, Secretary
Division of Water Quality
October 26, 2000
Mr. Dick Thompson
B & D Development
PO Box 777
Carolina Beach, NC 28428
1�
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RE50URCE5
Subject: COMPLIANCE INSPECTION
Crosswinds South
Stormwater Project No. S W 8 921115
New Hanover County
Dear Mr. Thompson:
]'lease find attached a copy of the completed form entitled "Stormwater Compliance Inspection Report"
The report summarizes the findings of a recent inspection of the project's stormwater controls conducted on
October 26, 2000 to determine compliance with Stormwater Permit Number SW8 921115 issued to you on
March 31, 1993.
A summary of the findings and comments are noted under Section 4 of the report. Please inform this
Office in writing before November 26, 2000, of the specific actions that will be undertaken and the time frame
required to correct the deficiencies. Failure to provide the requested information, when required, may initiate
enforcement action. If you have any questions please contact me at the Wilmington Regional Office, telephone
number [phone].
Sincerely,
Linda Lewis
Environmental Engineer
RSS/arl: S:\WQS\STORMWAT\INS13ECT\921115.00T
cc: Larry Sneeden, P.E.
Central Files
Wilmington Regional Office
127 Cardinal or. Ext., Wilmington, North Carolina 28405 Telephone [phone] rAX 910-350-2004
An Equal opportunity Affirmative Action Employer 50 % recycled/10 % post -consumer paper

STORMWATER COMPLIANCE INSPECTION REPORT
4.
Project Name: Crosswinds South
Project Number: SW8 921115 Control Measure: Wet Detention Pond with pump
Water Body: Mott Creek Classification: C Sw
Directions to site, address: Off South College Road at Wedgefield, neighboring Hidden Valley.
Inspection Date
Weather Conditions
Compliance Issues:
October 26, 2000
Partly cloudy, cool
a. Based on an as -built survey done by W.K. Dickson, dated March, 5, 1999, the pond's surface area
is deficient by about 3,000 ft2.
b. The side slopes are not stabilized with permanent vegetation.
C. The side slopes are not constructed at 3:1 in all parts of the pond.
d. Access to the outlet structure for maintenance and inspection is limited due to the overgrown
slopes. `
e. The outlet pipe from the pond is supposed to be right at the ditch4bottom, and the storage
elevation is supposed to be at least 0.3' above the ditch bottom. The notes provided on the as -
built survey from W.K. Dickson indicate that the storage elevation (overflow) is below the ditch
bottom. The current outlet structure may be causing runoff to back up in the system of piping and
ditches in Crosswinds which in turn may be causing a back up into the rear detention ponds,
contributing to the flooding problem at the rear ponds.
Required Actions:
Provide the required amount of surface area.
Provide permanent vegetation for the slopes.
Regrade the slopes to the required 3:1.
Remove the overgrown vegetation and provide access to the outlet structure.
Investigate the functioning of the outlet structure during a 1 " or more rain event to ensure that the
required water levels are maintained and drawdown is occurring as permitted.
Inspector: Linda Lewis
Water Quality/Wilmington Regional Of ice/[phone]
RSS/arl: S:AWQS\STORMWAT\INSPECT\921115.00T

UNITED STATES POSTAL SERVICE
First -Class mail
Postage $ Fees Paid
USPS
Permit No. G-10
• Sender: Please print your name, address, and ZIP+4 in this box
State of North Carolina
DENR
127 Cardinal Drive Ext,
Wilmington; NC 28405 (Attn: Bev)
�-�—

■ Con-Olete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
Mr, rick I hornp5vn
B Ek D (level mo? f
Po BOK -1 -1
Carolina (se-4, NC
A.
X ❑ Agent
❑ Addressee
B. ved by Name) C. Tt of D livery
D. Is delivery address diff ent from item 1? 11 Y s
If YES, enter delivery address below: ❑ No
3. Service Type
❑ Certified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
2. Article Number 7001 1940 0000 4636 3903 ]
(Transfer from service label) �
PS Form 3811, August 2001 Domestic Return Receipt 102595-02 M-083!

t
State of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Division of Water Quality
March 26, 1998
Mr. Dick Thompson
B & D Development
PO Box 777
Carolina Beach, NC 28428
AM ft
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RE50URCE5
Subject: COMPLIANCE INSPECTION
Crosswinds South
Stormwater Project No. SW8 921115
New Hanover County
Dear Mr. Thompson:
Please find attached a copy of the completed form entitled "Stormwater Compliance Inspection
Report". The report summarizes the findings of a recent inspection of the project's stormwater controls
conducted on March 24, 1997 to determine compliance with Stormwater Management Permit Number SW8
921115 issued on April 29, 1993.
A summary of the findings and comments are noted under Section 6 of the report. Please inform this
Office in writing before April 26, 1998 of the specific actions that will be undertaken and the time frame
required to correct the deficiencies. Failure to provide the requested information, when required, may initiate
enforcement action. If you have any questions please contact me at the Wilmington Regional Office,
telephone number [phone].
Sincerely,
Linda Lewis
Environmental Engineer
RSS/arl: S:\WQS\STORMWAT\INSPECT\921115.MAR
cc: Larry Sneeden, P.E.
Central Files
Linda Lewis
127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

t
1
2
Q
0
a
R1
STORMWATER COMPLIANCE INSPECTION REPORT
Project Name: Crosswinds South
Project Number: SW8 921115 Control Measure: Detention Pond
Water Body: Mott Creek Classification: C Sw
Directions to site, address: Off NC 132, about 1.5 miles north of Monkey Junction.
Inspection Date: March 24, 1997
Weather Conditions: Cool, partly cloudy
Comparison of Approved plans vs. As -Built: Compared well.
Compliance Problems:
a. The pond is obviously not being maintained in accordance with the approved O & M plan.
The slopes are not stabilized with vegetation, and severely eroded areas are plentiful.
PE Certification Received? NO
Required Action:
Deed Restrictions Received? NO
a. Please remove the accumulated sediment, repair the eroded areas, regrade the slopes, and
establish a dense vegetative cover on the slopes, and the surrounding empty lots: Sediment
from these unvegetated lots is entering the pond and filling it in.
b. Please submit the Engineer's Certification.
C. Please submit a copy of the recorded deed restrictions indicating the 4,500 square foot
maximum built -upon area per lot.
d. The HOA did not sign the ownership transfer. I don't have any choice but to send this to you.
Please make sure they understand that the pond needs regular maintenance, and the current
condition is not a reflection of a design flaw in any way, shape or form. It is from a lack of
maintenance.
Inspector: Linda Lewis
Water Quality/Wilmington Regional Office/[phone]
RSS/arl: S:\WQS\STORMWAT\INSPECT\921115.MAR

NEW HANOVER CO
ENGINEERING DEPARTMENT
414 CHESTNUT STREET
WILMINGTON, NORTH CAROLINA 28401
TELEPHONE [phone]
WYATT E. BLANCHARD, P.E.
County Engineer
March 25, 1998
Mr. B. A. Baker
4306 Cross Current Place
Wilmington, North Carolina 28409
RE: Drainage Complaint
Dear Mr. Baker:
MAR 2.7 ,1998
I am writing in response to. the meeting with Mr. Bill Caster, Chairman of the Board of
Commissioners, to discuss flooding and drainage concerns in the Crosswind Subdivision.
I investigated the detention pond at Wedgefield, which handles some of the runoff from
your subdivision and I found the following:
There is a possibility the pump which is located adjacent to the detention pond is not
working or it may be clogged.
Due to erosion which is occurring along the banks of the detention pond and from other
areas, it is very likely that the efficiency of the pond has decreased.
While the County recognizes the need for drainage, at this time we do not have a drainage
program in place for maintenance or construction for drainage; however, the responsibility to
maintain the drainage system is each property owner's duty or homeowner's association.
If you have any questions concerning this matter please contact this office.
Sincerely,
Adam Rahhal'
Civil Engineer
cc: Dave Weaver, Assistant County Manager
Wyatt E. Blanchard, County Engineer
Jim Craig, Chief Utility Engineer
Linda Lewis, DEM

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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, 1994
Mr. Dick Thompson
B & D Development
Post Office Box 777
Carolina Beach, North Carolina 28428
Subject: COMPLIANCE INSPECTION
Crosswinds South
Stormwater Project No. 921115
New Hanover County
Dear Mr. Thompson:
Please find attached a copy of the completed form entitled "Stormwater Compliance Inspection
Report". The report summarizes the findings of a recent inspection of the project's stormwater controls
conducted on July 14, 1994 to determine compliance with Stormwater Certification Number 921115
issued on April 29, 1993.
A summary of the findings and comments are noted under Section 6 of the report. Appropriate
action, if required, should be completed by August 22, 1994. Please inform this Office by letter when
required action is completed. If you have any questions please contact me at the Wilmington Regional
Office, telephone number [phone].
Sincerely,
Linda Lewis
Environmental Engineer
DA/arl: S:\WQS\STORMWAT\INSPECT\921115.JUL
cc: Larry Sneeden, P.S.
Central Files
Bradley Bennett
-(2)=1:inda-Lewis
127 Cardinal Drive Extension, wdmioglon, N.C. 29405-3945 0 Telephone [phone] Fax [phone]
An Equal opportunity Affirmative Action Employer

STORMWATER COMPLIANCE INSPECTION REPORT
1. Project Name: Crosswinds South
Project Number: 921115 Control Measure: 85% Detention Pond
Water Body: Mott Creek Classification: C Sw
Directions to site, address: South College Road south, turn left into Crosswinds just past
Tall Tree entrance.
2. Inspection Date: July 14, 1994
Weather Conditions: Hot, sunny
3. Comparison of Approved plans vs. As -Built: Compared well.
4. Maintenance Problems:
1. Some sloughing of the side slopes into the pond has occurred.
2. The side slopes appear to be steeper than 3: 1.
5. PE Certification Received? NO Deed Restrictions Received? NO
6. Comments:
1. Please repair the slopes and reseed/sod.
2. Please verify that slopes do not exceed 3:1.
2. Please complete and return the attached Engineer's Certification.
3. Please forward a copy of the recorded deed restrictions.
Inspector: Linda Lewis O�
Water Quality/Wilmington Regional Office/[phone]
DA/arl: S:\WQS\STORMWAT\INSPECT\921115.JUL

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