SW8930710_Historical File_20200806

Burd, Tina J
From: Burd, Tina J
Sent: Wednesday, May 13, 2020 8:53 AM
To: [e-mail]
Subject: SW8 930710 - Crosswinds Subdivision and Pond
The Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (Stormwater Section) accepted
the Stormwater Permit Renewal Application and $505.00 fee for the subject project on May 8, 2020. The project has
been assigned to Garrett Zorda and you will be notified if additional information is needed.
Best Regards,
Tina Burd
Administrative Associate II
Wilmington Regional Office
Division of Environmental Assistance & Customer Service
Phone [phone]
NCDEQ
Wilmington Regional Office
127 Cardinal Drive Ext.
Wilmington, NC 28405

Application Completeness Review Checklist (Non -Transfers) - Short Version
Project dame: CR�SS� ] J75 fit: �y t5tg f�_Aol'_� 9s-�ib
Project County/Location:
Rules): ❑2.017 Coastal
Phase Il
Permit Action: New
❑2008 Coastal El1995 Coastal
Universal k—I Coastal
Major Mad / Minor Mod Rpnewa
Type: HD / LID / :_D Overall / HD &LD Combo
PW General Perrnit / Offslte / Exempt / Rescission
Development Type,: Commercial jj:�esid�' Otner
_ram
Subdivided?: <;: Subdivision) or Single Lot
Permittee Type & Documents Needed:
r5�Prooertv Owner(s) Purchaser
Lessee
Eliab!e? EDViabic?Viable?
Deed DPurchaseAgrnt
®Lease
17Not
Subdivided: Deed
r75ubdivision: Common Area Deed
Paperwork
®Application
Date DeUvered to WIRO. 4 Q ZQ yQ
SIMS Received/accepted Date: 5 g mac;
I{IMS Acknowledged Date':
New Permit #2:
©Existing Permit #:
Z,.)4 93C-7 i(
Expnation Date;: (�� {� / 7=s;,zp
r-10ffsite to SW8: �
�r -
Lot is in Master Permit?
FTIE Cert on File?
MH04, Developer
ElViaole? MViaule?
Election Minutes
SS505 (within Smo) Check#(s). f 3 Q 9
Supplements (1 new form or for older forms: 1 original per SCM)
Fl0&M,
Soils Report (Infrl or PP)
Calculations (signed/sealed)
Deed Restrictions, if subdwided2
Project Narrative
L_JUSGS Map (or on file?) Subject to SA?' Y / N
Plans (2 Sets)
OPE Certification
F-Tectronic Copies
Easements, Recorded I.2017 Rules)
NCITES:
Subject to ORW?.
'Enter RIMS Acknowledged Date on this Sheet
2For New Protects -Enter New Permit # on Supplements & Deed Restiction Templates.
3lf w/in 6 months and they are requesting a mod. STOP Needs a renewal first.
EMAiLED ENGINEER DATE:
REVIEWER NAME: 6 A 2P_i~ T
Comments:
0SMQ1\1Reference LihrarylPr: ced ires\Checklisrs\Compieterness Review Checklist 2020 01 3I
No Fee
Y/N

Wade H Harris
From:
Sent:
To:
Subject:
Attachments:
Good morning Christine,
Wade H Harris <w.harris5901 @att.net>
Friday, May 08, 202011:22
'christine.hil [e-mail]'
Crosswinds HOA SW8930710 renewal application
SW8930710 renewal application.pdf
_CEIVE
MAY 0 8 2020
I hope this finds you well. A gentleman in your office gave me your contact information for a stormwater permit
renewal. Please find attached the requested electronic copy of the application. I will be dropping off the hard copy in
your drop box at the door later today. Please e-mail me confirmation of receipt once you have it. Let me know if there is
anything else you need once your office gets into the application.
Regards,
Wade H. Harris
President
Crosswinds Home Owners Association
www.crosswindshoa.com
[phone] cell
5901 Headsail Court
Wilmington, NC 28409

e201529600566
SOSID: 0211341
Date Filed: 10/27/2015 3:57:00 PM
Elaine F. Marshall
North Carolina Secretary of State
C2015 2% 00566
STATE OF NORTH CAROLINA
DEPARTMENT OF THE SECRETARY OF STATE
STATEMENT OF CHANGE OF REGISTERED
OFFICE AND/OR REGISTERED AGENT
Pursuant to §55IIA31 of the General Statutes of North Carolina, the undersigned entity submits the following for the purpose of
changing its registered office and/or registered agent in the State of North Carolina.
INFORMATION CURRENTLY ON FILE
The name of the entity is: Crosswinds HOA Inc.
Entity Type: ❑Corporation, []Foreign Corporation, ®Nonprofit Corporation, []Foreign Nonprofit Corporation,
[]Limited Liability Company, ❑Foreign Limited Liability Company []Limited Partnership, []Foreign Limited.Partnership,
❑Limited Liability Partnership, []Foreign Limited Liability Partnership
The street address and county of the entity's registered office currently on file is:
Number and Stred: 5901- Headsail Court
City, State, Zip Code: Wilmington, NC 28409 County: New Hanover
The mailing address if dI fferent from the street address of the registered office currently on file is:
The name of the current registered agent :s: Harris, Wade
NEW INFORMATION '
1. The street address and County of the.new registered office of the entity. is:
(complete this item anly'if fire address of the registered office is being changed)
Number and Street: -1628 Doctors Circle tr.
City, State, Zip Code: Wilmington, NC 28401 County: New Hanover
2. The mailing address if differeat from the street add* ess of the new registered office is: MAY 0 8 2020
(complete this item only if the address of tine registered office is being changed)
Same as above BY'
3. The name of the new registered agent and the new agent's consent -to appointment S below:
(complete this item only if the name of the registered agent is being changedZ
Michael W. Head ,Property Manager
Type or Print Name of New Agent * ignature & Title
4. The address of the entity's registered office and the address of the business office of its registered agent, as changed,
will be identical.
5. This statement will be effective upon filing, unless a date and/or time is specified:
This is the - • d' `f ', 20
Type or
-Notes: Filing he to S5.ft This document must he tiled with the Secretary of State.
• instead or signing here, the new registered agent may sign a separate written consent to the appointment, which most he attached to this statement.
CORPORATIONS DIVISION P. O. BOX 29622 RALEIGH, NC 27626-0622
Revised January 2002 Form BE-06

RAINSTORM
IILIIIINI
rainstormsolutionscom
PMB 119,1319-CC Military Cutoff Rd
Wilmington, NC 28405
910.805.2198
Monday May 04, 2020
To NC DEQ,
This letter is to acknowledge Rainstorm Solutions performed and completed an inspection, maintenance
and refurbishment of the ponds located within the Crosswinds Subdivision. We completed our process
included inspecting all inlet areas, dredging portions of sediment that had built up in inlet areas, and
draining the pond(s) for a complete view in March of 2020.
All inlet areas were cleared; Rip rap dissipater pads were refreshed or taken out and rebuilt. The
equalization pipe that runs between the two ponds and below the water surface was cleared during the
process. The overflow box was inspected and some minor repairs were made to it.
We found that the overall condition of the ponds to be in accordance of the storm water permit for the
neighborhood, Crosswinds HOA.
Bill Aldridge
Rainstorm Solutions
President
Certified in Storm Water BMP Inspection and Maintenance Certification ( # 1846 )
NC State Bio and Ag Extension Program
• MAY 0 8 2020
BY•

93j0710 FIGS
Lewis,Linda
From: Lewis,Linda
Sent: Tuesday, May 03, 2016 3:52 PM
To: '[e-mail]'
Subject: Crosswinds South aka Masonboro Village SW8 970843
Attachments: 2016 05 permit scan 970843.pdf
Contacts:
Triece, Phil
Permit scan attached. Masonboro Village is mentioned in Section 1.4 of the December
2010 Crosswinds permit (SW8 930710) as being part of the offsite drainage area covered by the
permit and that it will retain its own permit because it was issued to a different entity (i.e., Baker
Precythe Development Company). I may need to issue a correction to the Crosswinds permit to refer
to Masonboro Village by name and permit number.
The Crosswinds South name was apparently changed to Masonboro Village in 1998. We never
received a formal request from the permittee to change the name, so it's still called Crosswinds South
on the database..
I'm going to try to track down John Baker to get the ball rolling on transfer of the permit to an HOA. If
they are not part of the Crosswinds HOA, who is their HOA? The NCSOS only has the 1998 Articles
of Organization for Masonboro Village Property Owners Association with no subsequent filings to
change mailing address yr ihe registered agent. Right now, Mr. John C. Baker, Jr. is still the
registered agent with an address of 215 Lees Cut, Wrightsville Beach 28480, so I'll start there. If you
have any more recent contact information, I would appreciate having it.
The offsite permit needs to be updated — note that the Project Data Sheet is for the Crosswinds Pond
as it existed in 1998, and does not reflect the current condition. Also, the project name needs to be
changed to Masonboro Village.
Linda Lewis, E.I.
Environmental Engineer III -
Division of Energy, Mineral and Land Resources
Department of Environmental Quality
910-796-7215 Office
Iinda.lewis(a),ncdenr.gov
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28403
''Nothing Compares.—.,
Email co, estjonde-oce t1 anvd from this adfdi- !: •s is sutj ct to tqe-
Nod;-, Car Tina, reonjs Law and may !'li5-ci{' sev, `o third Patties,

STATE OF NORTH CAROLINA File No.
04-CvS-2896
In The General Court of Justice
New Hanover County ❑ District ® Superior Court Division
State of North Carolina
Additional File Numbers
VERSUS
SUBPOENA
B&D Development Corporation, at al.
G.S. 1A-1, Rule 45
Party Requesting Subpoena
NOTE TO PARTIES NOT REPRESENTED BY COUNSEL: Subpoenas maybe produced at your request but
❑ State/Plaintiff ® Defendant
must be signed and issued by the office of the Clerk of Superior Court, or by a magistrate orjudge.
Name And Address of Person Subpoenaed
Alternate Address
TO
Linda Lewis
DENR
127 North Cardinal Drive
Wilmington, NC 28405-3845
Telephone No.
Telephone No.
910 796-7215
YOU ARE COMMANDED TO: (check all that apply):
® appear and testify, in the above entitled action, before the court at the place, date and time indicated below.
❑ appear and testify, in the above entitled action, at a deposition at the place, date and time indicated below.
❑ produce and permit inspection and copying of the following items, at the place, date and time indicated below.
®See attached list. (List hen; if space sufficient.)
Stormwater Permit Files No. 930710 & 921115
Name And Location of CourbRace Of DeposidomPlace To Produce
Date To Appear/Produce
New Hanover County Courthouse Room 400
March 19 2012
316 Princess Street
Time To AppeadProduce
Wilmington, NC 28401
10:00 ® AM ❑ PM
Name And Address of Applicant or Appilcanfs Attorney
Date
Charles D. Meier
Februa 22, 2012
P.O. Drawer 2088
Signature
Wilmington, NC 28402-2088
Telephone No.
❑ Deputy CSC ❑ Assistant C91 Superior Court []Superior Court Judge
910 763-9891
❑ Magistrate ® Attorney /DA ❑ District Court Judge
RETURN OF SERVICE
I certify that this Subpoena was received and served on the person subpoenaed as follows:
By ❑ personal delivery.
® registered or certified mail, receipt requested and attached.
❑ telephone communication (For use only by the sheriffs office for witness subpoenaed to appear and testify.)
I was unable to serve this subpoena.
Service FCC u Paid
Date Served
Signature of Authorized Seri. &r
Trf/e
$ ❑ Due
NOTE TO PERSON REQUESTING SUBPOENA: A ropy of this subpoena must be delivered, mailed or faxed to the attorney for each party
in this case. Na party is not represented by an attorney, the copy must be mailed or delivered to the party. This does not apply in criminal cases.
AOC-G-100, Rev. 12109 (Please See Reverse Side)
0 2009 Administrative Office'of the Courts

NOTE: Rule 45, North Carolina Rules of Civil Procedure, Parts (c) and (d).
(c) Protection Of Persons Subject To Subpoena
(1) Avoid undue burden or expense. - A party or an attorney responsible
pr the issuance and service of a subpoena shall take reasonable steps to
void imposing an undue burden or expense on a person subject to the
subpoena. The court shall enforce this subdivision and impose upon the
iarty or attorney in violation of this requirement an appropriate sanction that
nay include compensating the person unduly burdened for lost earnings
ind for reasonable attorney's fees.
(2) For production of public records or hospital medical records. - Where
he subpoena commands any custodian of public records or any custodian
)f hospital medical records, as defined in G.S. 8-44.1, to appear for the sole
purpose of producing certain records in the custodian's custody, the
:ustodian subpoenaed may, in lieu of personal appearance, tender to the
:curt in which the action is pending by registered or certified mail or by
personal delivery, on or before the time specified in the subpoena, certified
copies of the records requested together with a copy of the subpoena and
an affidavit by the custodian testifying that the copies are true and correct
copies and that the records were made and kept in the regular course of
business, or if no such records are in the custodian's custody, an affidavit to
that effect. When the copies of records are personally delivered under this
subdivision, a receipt shall be obtained from the person receiving the
records. Any original or certified copy of records or an affidavit delivered
according to the provisions of this subdivision, unless otherwise
objectionable, shall be admissible in any action or proceeding without
further certification or authentication. Copies of hospital medical records
tendered under this subdivision shall not be open to inspection or copied by
any person, except to the parties to the case or proceedings and their
attorneys in depositions, until ordered published by the judge at the time of
the hearing or trial. Nothing contained herein shall be construed to waive
the physician -patient privilege or to require any privileged communication
under law to be disclosed.
(3) Written objection to subpoena. - Subject to subsection (d) of this rule,
a person commanded to appear at a deposition or to produce and permit
the inspection and copying of records may, within 10 days after service of
the subpoena or before the time specified for compliance if the time is less
than 10 days after service, serve upon the party or the attorney designated
in the subpoena written objection to the subpoena, setting forth the specific
grounds for the objection. The written objection shall comply with the
requirements of Rule 11. Each of the following grounds may be sufficient for
objecting to a subpoena:
a. The subpoena fails to allow reasonable time for compliance.
b. The subpoena requires disclosure of privileged or other
protected matter and no exception or waiver applies to the
privilege or protection.
c. The subpoena subjects a person to an undue burden.
d. The subpoena is otherwise unreasonable or oppressive.
e. The subpoena is procedurally defective.
(4) Order of court required to override objection. - If objection is made
under subdivision (3) of this subsection, the party serving the subpoena
shall not be entitled to compel the subpoenaed person's appearance at a
deposition or to inspect and copy materials to which
an objection has been made expect pursuant to an order of the court. If
objection is made, the party serving the subpoena may, upon notice to the
subpoenaed person, move at any time for an order to compel the
subpoenaed person's appearance at the deposition or the production of
the materials designated in the subpoena. The motion shall be filed in the
court in the county in which the deposition or production of materials is to
occur.
(5) Motion to quash or modify subpoena. - A person commanded to
appear at a trial, hearing, deposition, or to produce and permit the
inspection and copying of records, books, papers, documents, or other
tangible things, within 10 days after service of the subpoena or before the
time specified for compliance if the time is less than 10 days after service,
may file a motion to quash or modify the subpoena. The court shall quash
or modify the subpoena if the subpoenaed person demonstrates the
existence of any of the reasons set forth in subdivision (3) of this
subsection. The motion shall be filed in the court in the county in which the
trial, hearing, deposition, or production of materials is to occur.
(6) Order to compel: expenses to comply with subpoena. - When a court
enters an order compelling a deposition or the production of records,
books, papers, documents, or other tangible things, the order shall protect
any person who is not a party or an agent of a party from significant
expense resulting from complying with the subpoena. The court may order
that the person to whom the subpoena is addressed will be reasonably
compensated for the cost of producing the records, books, papers,
documents, or tangible things specified in the subpoena.
(7) Trade secrets, confidential information. - When a subpoena requires
disclosure of a trade secret or other confidential research, development, or
commercial information, a court may, to protect a person subject to or
affected by the subpoena, quash or modify the subpoena, or when the
party on whose behalf the subpoena is issued shows a substantial need
for the testimony or material that cannot otherwise be met without undue
hardship, the court may order a person to make an appearance or produce
the materials only on specified conditions stated in the order.
(8) Order to puash: expenses. - When a court enters an order quashing
or modifying the subpoena, the court may order the party on whose behalf
the subpoena is issued to pay all or part of the subpoenaed person's
reasonable expenses including attorney's fees.
(d) Duties In Responding To Subpoena
(1) Form of response. -A person responding to a subpoena to produce
documents shall produce them as they are kept in the usual course of
business or shall organize and label the documents to correspond with the
categories in the request.
(2) Specificity of objection. - When information subject to a subpoena is
withheld on the objection that it is subject to protection as trial preparation
materials, or that it is otherwise privileged, the objection shall be made with
specificity and shall be supported by a description of the nature of the
communications, records, books, papers, documents, or other tangible
things not produced, sufficient for the requesting party to contest the
objection.
INFORMATION FOR WITNESS
NOTE: If you have any questions about being subpoenaed as a witness, you should contact the person named on the other side of this Subpoena in
the box labeled "Name And Address Of Applicant Or Applicant's Attorney.
DUTIES OF A WITNESS
• Unless otherwise directed by the presiding judge, you must answer all
questions asked when you are on the stand giving testimony.
• In answering questions, speak clearly and loudly enough to be heard.
• Your answers to questions must be truthful.
• If you are commanded to produce any items, you must bring them with
you to court or to the deposition.
• You must continue to attend court until released by the court. You
must continue to attend a deposition until the deposition is completed.
AOC-G-100, Side Two, Rev. 12/09
0 2009 Administrative Office of the Courts
BRIBING OR THREATENING A WITNESS
It is a violation of State law for anyone to attempt to bribe, threaten, harass,
or intimidate a witness. If anyone attempts to do any of these things
concerning your involvement as a witness in a case, you should promptly
report that to the district attorney or the presiding judge.
WITNESS FEE
A witness under subpoena and that appears in court to testify, is entitled to
a small daily fee, and to travel expense reimbursement, if It is necessary to
travel outside the county in order to testify. (The fee for an "expert witness"
will be set by the presiding judge.) After you have been discharged as a
witness, if you desire to collect the statutory fee, you should immediately
contact the Clerk's office and certify to your attendance as a witness so
that you will be paid any amount due you.

ChAes D. Meier RETURN RECEIPT REQUESTED ELECTRONICALLY
Marshall, Williams & Gorham,
LLC
PO Box 2088
Wilmington NC 28402
7118 9042 9651 1105 6827
111111111111111"111111111111111111111111111111111111111111111111
DENR
LINDA LEWIS
127 N CARDINAL DR
WILMINGTON NC 28405-3845
SEQ# 0000001

COUNTY OF NEW HrhiNOVER
S'1`A.'1'F OF NORTI i C'Ait912,1NA., ex rel.
y#illiH G. 11kiW jr„ Mary.
Stx;rctary, North Carolinn Dcoarament of
J-41 •imament and Natum') R1*M CQV.
Plainlill,
ors.
B & ID DEVELOPMENIT CO PC)iiATION,
DO1 FlELD at CROSSWINDS S01171 I
ft(. A, INC.'. and (MOSSWINDS I10A, TNC.,
De5cndant.
i.N' T111: C;rI� ORAL COURT OF J1.1S'1'1('I
SUPERIOR COURT D1 V ISKIN
04-C.� S-2896
S
0R01FF # -
PRELMOMW DRAFT — NCr FOR -CXEVVrtM_
NOA7 COMES IheState ofNortb Carolina, ct rel. William Ci. Rrms, IT., Sc;MC(41 ,
Sccretarg North Carolina Department +Tr En ironmeatt and Xniural RmLswccs (�Statc"�,
Vi► edgelirlrl at f'rca,ti ►ins Smith Hi7A, Inc. (" Wodge eld") and Crosswinds 11 1.A. Inc.
"Crossy.indsl zmd hereby stipulate to the follo'%ing undisputed facts.
1. In aceordmce with the Consent .Iud`rnent dwecl .lunc 7, 2MT as it rclaws
tip Crmwswinax, the 13elimdant B & H Dc clop== C.orperation was required to Mli)rm
excavation as was necessary to pmvide additional %ijAkm area at Lhc permanent goal cicv. on in
the rear C._rosswin,&; pond ws permiiicd Un-&- PCrmiR NO. 930710, i3 & I_? in tact perliarmed that
u rlc.,
2. '631e f'orl%ent Judigrncnt 9earthrr pmwidod at %c cenchasion of wort -I'r;..sl€
xnd s mse shall dcod to Crosswinds those pa�rtions of Lom 304 and 305 car C`.russwinds as were
hi Wli Ived on Exlubiti A.

. Said proPe-rfy was deeded by William K. Traik and wife Frr ie t:.. Trek
tau (,'m.g,,;winda by� Dcod reconlc i June 1S, 20I� is BDOk 54'S�2. page 1767, New Hanover C'�+unt�:
of RcIdstered of I 3.
4. In accoMmea walla, the Consr:it Orda, B & r) was also mquirL-d to pay W
CMTOs the quM or Six Thousard Five T Tundred a0d n(W 100 Dollars ($6,500.00) to inrres_c
the number Or sip: of the pi jW.%) connecting tine two, r=r Cmsswinds IN-crcis. B & 13 did in fact
RaY the %um of Six TImusand Five Hundred and m/100 Dollars ($6,500;001 to mMuds to
iner.rcm the numher [IT SiM of t Pi.Pef'20 cult ec:ted to the t" rrw ponds_
_ Crosswinds. after having abtaincd aE1 necessary psrmits from the State
increased tite raiimbcrr or size of the pipc(s) connecting the two rear ponds and spent
ilppnuximately Forty Thousand and no/] 00 !]Marti ($40,0 .(X)) doing, so,
6- At the corrtpletiOn of the work, Cr v►inds rcclucsn: rl an inspection by the
SUIc:md the State appm-ve 1 AcTk.
7, Can AugwRE 20, 2010 Crosswinds madc application icy IN: Statc for a
iransfcr of Storm Water Munagcmcnt 11'ennit No. 930710. C'Permit°')
S. &= staff` review of the Mans and spmificatioaas 4-etrrnairrcd ty the
Project (as defined in the emit) coMpllcd with Vic storm water regulattions set fr)rth in Title;
15A. NCACr 21E.1000.and as modified by the Junc 5. 2007 C 'nnwnt. Judgment.
9. On Deccmbcr 6, 2010 sorm 1W utcr Permit No- 9307I 0 was appmved sin
trnnsfcr L ,�- t le s e try Crosswind£ anti wa.% in 14d transferred to C,r�s. -vinds on that ", c,
10. '1 hat.Ainc c the; issuanec of the peu id to CIDSswindi, C msm minds haq. been.
in compliance vith the P=nit.,
2

t 1. The Stage had no jurisdiction yr authority in this action to enrorce any
1=1 storm walcr rr147E4gernwt (fr flood control regal- -bons or ordinans. 'Me junction and
outhonly of the Strife in this action way liar hed ter enforcement nif the 4tate°s envjronmtmtaI
pollution laws„ including lau% to pmtezt the water quality of tile State.
This , of �. 2012.
CROSS'' TCDS HOA, INC_
By and tbrough its atl;arncys,
`wiAR.SHALL,1►IV ILLIAPS & GORHAK L.L.P.
Ch rks D. Meier
N— C. H=c Bar No. 13039
14 %D uth Fifth Avenue
Fcrft 011ke Di-awer 20-38
Wilmington, North Camlina 28402-2PRR
Telephone: [phone]
Facsimile_ (910) 343-86D4
1 Mail: cdmf,0mwglaw coo
V6TDGI;FELD AT CROISSWI'NDIS
SOUTH HOA, INC.
By and through its attorneys,
AI- LAW:
Rriun A.. Crtpicbickaer
215 Racimc Drivc, Suite 2CA
Wiltnit4wri, NC 2$40-4
7 e3ephone (91 G� 202-6966

ROY CO PE
Att c y 0--ncral
ml
Amsiquit Attorney f inetal
E vdrammc nlal Di%isian,
N.C_ Dcptutmcnt of Tusdcc
III)- Hax 629
Raleigh: NC 276%2
Tclepbvnc: (9101716-6963

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA, ex rel.,
William G. Ross, SECRETARY, NORTH
CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL
RESOURCES, DIVISION OF WATER
QUALITY,
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
04 CVS 2896
PLAINTIFF'S RESPONSE
TO DEFENDANT CROSSWINDS
HOA, INC. MOTION
TO PARTIALLY
DISSOLVE CONSENT ORDER
Now comes the Plaintiff, State of North Carolina ("State"), by and through counsel,
pursuant to N.C. Rule of Civ. Pro. 7(b) and 60, and N.C. Gen. Stat. § 5A-21 and §5A-23 , to
respond to the First Amended Motion Of Crosswinds HOA, Inc. To Partially Dissolve Consent
Order (hereinafter, "Motion", and "Crosswinds") . In support therefore, the Plaintiff shows the
Court that:
1. Defendant Wedgefield at Crosswinds South, HOA, Inc. ("Wedgefield") is a non-
profit corporation formed and existing under the laws of the State of North Carolina.
2. Defendant Crosswinds is a non-profit corporation formed and existing under the
laws of the State of North Carolina.

3. Defendant B & D Development Corporation (B & D) is a North Carolina
corporation administratively dissolved by the North Carolina Secretary of State on August 13,
2010. B & D has fully discharged its responsibilities under the Consent Judgment entered and
filed herein on June 5, 2007 ("Consent Judgment").
4. Crosswinds was party to that certain action captioned above which was resolved
by entry of the Consent Judgment referenced above.
As part of the Consent Judgment, Crosswinds agreed to the following:
a. Along with Wedgefield , 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
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. (Consent Judgment, Para. 2)
b. Upon confirmation of compliance with the terms and conditions of this
Consent Judgment, and 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 shall be transferred to and accepted by the Crosswinds
Homeowners Association, Inc. Upon transfer, 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. (Consent Judgment, Para. 9).
6. Crosswinds was required to accept, and did accept, the transfer of its storm water
permit (No. 930710) from B & D Development after the completion by B & D Development of
work required of it by the Consent Judgment. Crosswinds was required to maintain its

stormwater system in compliance with the Permit as modified by the Consent Order.
Crosswinds has complied with the Permit as modified by the Consent Judgment and has
received no Notices of Violation from NC DENR.
7. Crosswinds has, pursuant to Paragraph 2 of the Consent Judgment and along with
Wedgefield, evaluated the capacity of the ditch which connects the front and rear pond to
convey surface runoff' as close as to the original plan as practicable to their respective wet
detention ponds.
8. Because Crosswinds is subject to and in compliance with is Stormwater Permit
prospective application of the Consent Judgment to Crosswinds is no longer equitable, and is not
necessary. The Consent Judgment was never intended to continue in perpetuity. That the
Consent Judgment has an end date is expressly apparent by the plain language of therein
requiring acceptance of the Permit and compliance with the Permit.
WHEREFORE, the Plaintiff, State of North Carolina, respectfully moves this Court
pursuant to N.C. Gen. Stat. § 5A-23 to enter an order partially dissolving the Consent Order as it
relates to Crosswinds; enter an order partially dissolving the Consent Order as it relates to B &
D Development Corporation, and for such other relief as the Court deems just and proper.
Respectfully submitted this the day of March 2012.
LN
ROY COOPER
Attorney General
Donald W. Laton, Esq.
Assistant Attorney General
State Bar No. 13303

Environmental Division
N.C. Department of Justice
P.O. Box 629
Raleigh, NC 27602
[phone] (Division)
[phone] (Direct)
dlaton(ae ncdoi.og_v
ATTORNEY FOR PLAINTIFF

CERTIFICATE OF SERVICE
The undersigned hereby certifies that he has this day served a copy of the foregoing
RESPONSE TO FIRST AMENDED MOTION OF CROSSWINDS HOA, INC. TO
PARTTALLY DISSOLVE CONSENT ORDER on the following persons by depositing a copy in
the United States Mail, first-class postage prepaid, addressed as follows:
Brian A. Geschickter, Esq.
215 Racine Drive, Suite 204
Wilmington, NC 28403
Attorney for Defendant Wedgefield at Crosswinds South HOA, Inc.
Charles D. Meier, Esq.
Marshall, Williams & Gorham, L.L.P.
P.O. Drawer 2088
Wilmington NC 28402-2088
Attorney for Defendant Crosswinds HOA, Inc.
Clay A. Collier, Esq.
Crossley, McIntosh, Collier, Hanley, & Edes, PLLC
1430 Commonwealth Drive, Suite 202
Wilmington NC 28403
This the day of March 2012.
Lo
ROY COOPER
Attorney General
Donald W. Laton
Assistant Attorney General
State Bar No. 13303
Environmental Division
N.C. Department of Justice
P.O. Box 629
Raleigh, NC 27602
[phone] (Division)
[phone] (Facsimile)
[phone] (Direct)
[e-mail]

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA, ex rel.,
William G. Ross, SECRETARY, NORTH
CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL
RESOURCES, DIVISION OF WATER
QUALITY,
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
04 CVS 2896
MOTION FOR ENTRY OF
ORDER TO SHOW CAUSE FOR
CIVIL CONTEMPT
Now comes the Plaintiff, State of North Carolina ("State"), by and through counsel,
pursuant to N.C. Rule of Civ. Pro. 7(b) and N.C. Gen. Stat. § 5A-21 and §5A-23 , to bring the
Motion to Show Cause for Civil Contempt against the Defendant Wedgefield at Crosswinds
South HOA, Inc. ("Wedgefield"). In support therefore, the Plaintiff shows the Court that:
1. Defendant Wedgefield at Crosswinds South, HOA, 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. Defendant B & D Development Corporation (B & D) was a North Carolina
corporation administratively dissolved by the North Carolina Secretary of State on August 13,
2010.

4. Wedgefield was parry 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 5, 2007 ("Consent Judgment")
5. As part of the Consent Judgment, Wedgefield agreed to the. following:
a. Along with Crosswinds, 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
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. (Consent Judgment, Para.. 2)
b. 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: [sic] 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. (Consent Judgment,
Para. 3(a))
c. Upon completion of the pond excavation, 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. (Consent Judgment, Para. 4)
d. Upon confirmation of compliance with the terms and conditions of this
Consent Judgment, and 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, the Plaintiff shall consider that eacb 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.
(Consent Judgment, Para. 9).
6. The Consent Judgment provides that it is enforceable through the contempt
powers of this Court pursuant to Chapter 5A of the North Carolina General Statutes.
7. As part of the Consent Judgment, Defendant B&D Development was required to
pay $6,500.00 to Wedgefield to help defray the costs of the activities in Para. 3(a) of the Consent
Judgment.
8. Upon information and belief, B&D Development did pay and Wedgefield did
receive $6,500.00 from B&D Development to help defray the costs of the activities in Paragraph
3(a) of the Consent Judgment.
9. As of January 10, 2012 and continuing through the date of the filing of this
motion Wedgefield has not removed silt from the front pond pursuant to Paragraph 3(a) of the
Consent Judgment.
10. As of January 10, 2012, and continuing through the date of the filing of this
motion Wedgefield has not cleared, reseeded, and established permanent groundcover on the
banks surrounding the front pond pursuant to Paragraph 4 of the Consent Judgment.
11. Wedgefield has violated Paragraphs 3(a), 4, and 9 of this Court's Order requiring
that Wedgefield (1) remove silt from the front pond to restore its depth, as near to the original
plan as practicable; (2) clear, reseed and establish permanent ground cover on the banks

surrounding the front pond; and (3) accept stormwater permits and related individual permits
which cover the built -upon areas of the individual lots within Wedgefield.
WHEREFORE, the Plaintiff, State of North Carolina, respectfully moves this Court
pursuant to N.C. Gen. Stat. § 5A-23 to enter an order. that Wedgefield is in contempt of court for
its failure to comply with the terms of this Court's aforementioned- Consent Judgment; that in
order to purge its contempt, Wedgefield must use the $6,500.00 it received from B&D
Development to (1) remove silt from the front pond pursuant to Item 3(a) of the Consent
Judgment, (2) clear, reseed and establish permanent ground cover on the banks surrounding the
front pond pursuant to Item 4 of the Consent Judgment, and (3) accept stormwater and related
individual permits for lots within Wedgefield within three months of the contempt hearing; and
for such other relief as the Court deems just and proper.
Respectfully submitted this the day of March 2012.
IC
ROY COOPER
Attorney General
Donald W. Laton, Esq.
Assistant Attorney General
State Bar No. 13303
Environmental Division
N.C. Department of Justice
P.O. Box 629
Raleigh, NC 27602
[phone] (Division)
[phone] (Direct)
[e-mail]
ATTORNEY FOR PLAIN i IFF

CERTIFICATE OF SERVICE
The undersigned hereby certifies that he has this day served a copy of the foregoing
MOTION FOR ENTRY OF ORDER TO SHOW CAUSE and proposed Order on the following
persons by depositing a copy in the United States Mail, first-class postage prepaid, addressed as
follows:
Brian A. Geschickter, Esq.
215 Racine Drive, Suite 204
Wilmington, NC 28403
Attorney for Defendant Wedgefield at Crosswinds South HOA, Inc.
Charles D. Meier, Esq.
Marshall, Williams & Gorham, L.L.P.
P.O. Drawer 2088
Wilmington NC 28402-2088
Attorney for Defendant Crosswinds .HOA, Inc.
Clay A. Collier, Esq.
Crossley, McIntosh, Collier, Hanley, & Edes, PLLC
1430 Commonwealth Drive, Suite 202
Wilmington NC 28403
This the day of March 2012.
ROY COOPER
Attorney General
Donald W. Laton
Assistant Attorney General
State Bar No.13303
Environmental Division
N.C. Department of Justice
P.O. Box 629
Raleigh, NC 27602
[phone] (Division)
[phone] (Direct)
[e-mail]

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
04 CVS 2896
STATE OF NORTH CAROLINA, ex rel., )
DEE FREEMAN, SECRETARY, NORTH )
CAROLINA DEPARTMENT OF )
ENVIRONMENT AND NATURAL )
RESOURCES, DIVISION OF WATER )
QUALITY, )
Plaintiff, )
V. )
WEDGEFIELD AT CROSSWINDS )
SOUTH HOA, INC., and CROSSWINDS )
HOA, INC., )
ORDER FOR
CIVIL CONTEMPT
Defendants. )
The Court has considered the Motion for Entry of Order for Civil Contempt and attached
affidavits filed by the Plaintiff, and the Court has determined that Defendant Wedgefield at
Crosswinds South HOA, Inc., ("Wedgefield") is in contempt of court. Therefore, an Order for
Civil Contempt is warranted on the matters and things set forth in the Motion pursuant to N.C.
Gen. Stat. § 5A-23(a).
NOW THEREFORE, IT IS ORDERED that Defendant Wedgefield is contempt of court
and in order to purge such contempt, the Defendant Wedgefield must:
(1) Remove silt from the front pond pursuant to Item 3(a) of the Consent Judgment,
(2) Clear, reseed and establish permanent ground cover on the banks surrounding the front
pond pursuant to Item 4 of the Consent Judgment, and
(3) Accept stormwater and related individual permits for lots within Wedgefield within three
months of the contempt hearing

IT IS FURTHER ORDERED that Plaintiff's counsel serve a copy of this Order upon
Defendants of record in accord with Rule 5 of the North Carolina Rules of Civil Procedure.
This the day of 2012.
Superior Court Judge

STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE
COUNTY OF NEW HANOVER SUPERIOR COURT DIVISION
04-CvS-2896
STATE OF NORTH CAROLINA, ex )
rel. William G. Ross, Jr., Secretary )
Secretary, North Carolina Department of )
Environment and Natural Resources )
Plaintiff, )
V. )
B&D DEVELOPMENT )
CORPORATION, WEDGEFIELD at )
CROSSWINDS SOUTH HOA, INC., )
and CROSSWINDS HOA, INC. )
Defendants.
FIRST AMENDED MOTION OF
CROSSWINDS HOA, INC. TO
PARTIALLY DISSOLVE CONSENT
ORDER
RULE 60 N.C.R.C.P.
Now comes the Defendant Crosswinds HOA, Inc. ("Crosswinds") and moves the
Court to partially dissolve the Consent Order entered in this action on June 5, 2007. In
support of the Motion, Crosswinds shows unto the Court as follows:
I. That on June 5, 2007, the Court entered a Consent Order.
2. In accordance with Paragraph 6 of the Consent Order, the Court retained
necessary jurisdiction of the matter for purposes of enforcing the terms of the Consent Order
and, "for determining upon any motion by either party that the requirements of this Consent
Order had been met and the dissolution of it is appropriate."
3. As it relates to Crosswinds, the. Defendant B&D was required to perform
excavation as was necessary to provide additional surface area at the permanent pool
elevation in the rear pond as permitted under Permit No. 930710. B&D performed that
work. The Order further provided that at the conclusion work, that Trask and spouse shall
Deed to Crosswinds those portions of Lots 304 and 305 of Crosswinds as were highlighted

E
on Exhibit A. The property was deeded by William K. Trask and Frankie C. Trask to
Crosswinds, by Deed recorded June 18, 2010 in Book 5492, Page 1767, New Hanover
County Register of Deeds. B&D was also required to pay to Crosswinds the sum of Six
Thousand Five Hundred ($6,500) to increase the number or the size of the pipe(s)
connecting the two rear ponds. B&D did in fact pay the sum of Six Thousand Five Hundred
($6,500) and Crosswinds in fact increased the number or size of the pipe(s) connecting the
two rear ponds. In addition, B&D was required to transfer, and Crosswinds was required to
accept, storm water permit for Permit No. 930710. Crosswinds submitted the State Storm
Water Permit name/ownership change form to NCDENR on or about August 9, 2010. The
Permit was transferred to Crosswinds on or about December 6, 2010. Crosswinds was also
required to maintain their system in compliance with the Permits as modified by the Consent
Order which they have done and there have been no notices of violations issued by
NCDENR against Crosswinds. Upon information and belief, the State agrees that
Crosswinds is in compliance with the Consent Order and the Permit.
4. Upon information and belief, B&D did pay to Wedgefield at Crosswinds
South HOA, Inc. ("Wedgefield") the sum of Six Thousand Five Hundred ($6,500) to help
defray the cost for the activities referenced in Paragraph 3(a), but Wedgefield has not taken
any of the activities referenced in Paragraph 3(a). Upon information and belief, Wedgefield
has not complied with any portion of the Consent Order, as it contends that it is impossible
to do so. Upon information and belief, the State is filing a Show Cause Motion to hold
Wedgefield in contempt of the Consent Order.

5. The Consent Order was never intended to continue in perpetuity. Crosswinds
has complied with the Consent Order and it is no longer equitable that the Consent Order
should have prospective application. The State can now enforce its storm water regulations
against Crosswinds in accordance with the Permit now held by Crosswinds, which was the
original purpose of the lawsuit.
6. It is completely inequitable that Wedgefield could require the Consent Order
apply in perpetuity as to Crosswinds. Crosswinds has complied with the Consent Order and
further spent approximately Forty Thousand Dollars ($40,000) to improve their ponds in
accordance with the Consent Order. Wedgefield simply kept the Six Thousand Five
Hundred Dollars ($6,500) paid to it, did not perform the work on its ponds as contemplated
by the Consent Order and claims and continues to claim it is not required to perform any
work on its pond as its compliance is excused by the Consent Order. The storm water
permit for the Wedgefield pond has never been transferred to Wedgefield.
7. New real estate disclosure requirements went into effect January 1, 2012.
G.S. § 47E-4 now requires all owners of property that is part of a homeowners association to
disclose to prospective purchasers whether the association is party to a lawsuit. A copy of
the new disclosure form is attached hereto. If the Consent Order is allowed to continue in
perpetuity, the Consent Order will have an adverse impact on the ability of owners of
Crosswinds to sell their property. This was never the intent of the Consent Order.
For the foregoing reasons, Crosswinds respectfully prays the Court to partially
dissolve the Consent Order as it relates to Crosswinds.

This the day of February 2012.
CROSSWINDS HOA, INC.
By and through its attorneys,
MARSHALL WILLIAMS & GORHAM, LLP
By:
Charles D. Meier
N.C. State Bar no. 13039
Post Office Box 2088
Wilmington, N.C. 28402

CERTIFICATE OF SERVICE
The undersigned does hereby certify that a copy of the foregoing Motion of
Crosswinds HOA Inc. to Dissolve Consent Judgment was served upon the following
persons by depositing a copy of same in the United States Mail in an envelope, postage paid,
addressed to each, as follows:
Brian A. Geschickter
215 Racine Drive, Suite 204
Wilmington, NC 28403
Attorney for Defendant Wedgefield at Crosswinds
South HOA, Inc.
Donald W. Layton
Assistant Attorney General
N.C. Department of Justice
Environmental Division
9001 Mail Service Center
Raleigh, NC 27699-90001
Attorney for Plaintiff
Clay A. Collier
Crossley, McIntosh, Collier, Hanley, & Edes, PLLC
1430 Commonwealth Drive, Suite 202
Wilmington, NC 28403
This day of February 2012.
Charles D. Meier
N. C. State Bar No. 13039
MARSHALL, WILLIAMS & GORHAM, L.L.P.
14 South Fifth Avenue
P.O. Drawer 2088
Wilmington, NC 28402-2088
Telephone: [phone]
Facsimile: [phone]

STATE OF NORTH CAROLINA
VERIFICATION
COUNTY OF NEW HANOVER
Linda Lewis, being first duly sworn, deposes and says that she is an Environmental
Engineer III in the Wilmington Regional Office, Department of Environment and Natural
Resources; that she has read the foregoing MOTION FOR ENTRY OF ORDER TO SHOW
CAUSE FOR CIVIL CONTEMPT and is familiar with the facts and circumstances stated
therein; That the same are true of her own knowledge except as to those matters and things stated
and alleged upon information and belief, and as to those matters and things she believes them to
be true.
Linda Lewis
Subscribed and sworn to be me
this the I � day of 52012
Notary Public
My Commission Expires: 1011-9, �1�3
�'ec M. yAM,�`'y
g� TA,���y
N
3 Z
,iyti V8L1C'

STATE OF NORTH CAROLINA
VERIFICATION
COUNTY OF NEW HANOVER
Linda Lewis, being first duly sworn, deposes and says that she is an Environmental
Engineer III in the Wilmington Regional Office, Department of Environment and Natural
Resources; that she has read the foregoing MOTION FOR ENTRY OF ORDER TO SHOW
CAUSE FOR CIVIL CONTEMPT and is familiar with the facts and circumstances stated
therein; that the same are true of her own knowledge except as to those matters and things stated
and alleged upon information and belief, and as to those matters and things she believes them to
be true.
Linda Lewis
Subscribed and sworn to be me
this the f ls� day of Ml rc, h , 2012
Iry
Notary Public
My Commission Expires: /0/1�2 ��/J
yJSP p T,q'0
N
� Z
U

Lewis,Unda
From:
Lewis, Linda
Sent:
Thursday, January 12, 2012 3:54 PM
To:
'Brian Geschickter; Meier, Charles; 'Laton, Don'
subject:
Crosswinds
This email is in response to the questions posed in Brian's email of 1/11/12 at 11:33 pm.
I have confirmed that runoff from a portion of the Crosswinds streets and lots is directed via piping and/or a lot
line swale to the Tanglewood/Crosswinds ditch. Previous inspections have confirmed that this ditch exists and
that it ultimately drains into the rear Crosswinds pond.
Both Mr. Geschickter and Mr. Meier have requested that I provide a lot count, but each one used a different
basis. Mr. Geschickter originally wanted to know how many lots in each subdivision (Crosswinds and
Wedgefield) drained to each pond. Mr. Meier wanted to know how many lots in each subdivision drained only
to the "shared ditch". In order to pin down these lots counts for everyone, I will need to establish some
baseline information on how I arrived at these numbers.
I will also need to get some clarification from Mr. Geschickter as to what the term "planned drainage system"
means. Based on his previous request, I take this to mean any pipe or ditch that will deliver stormwater runoff
from Crosswinds or Wedgefield into one of the ponds.
If any portion of a lot met the criteria, it was counted as one lot. For example, if 1/4 of a lot drains to the shared
ditch, I counted it as 1 lot. Instead of trying to count the number of lots that don't drain somewhere, it was less
confusing and easier to understand if only those lots that do drain somewhere are counted.
The "shared ditch" is the ditch between Crosswinds and Wedgefield. For purposes of providing the number of
lots that drained to that ditch, I started counting at the drainage area dividing line, i.e., the imaginary
"breakpoint" in the ditch, and stopped counting at the point where the ditch entered the rear pond.
Apparently, the recorded maps for Wedgefield show fewer lots than were permitted, and fewer lots than are
shown on the drainage area map that I've been using. I only have access to one half of the recorded map and
it shows a total of 23 lots, whereas the drainage area map shows 24 lots. I need to get a copy of the other half.
At the most, I expect the difference to be less than 5 lots. Keep this in mind for the following lot counts.
Possible scenarios:
1. Crosswinds/Wedgefield lots that drain to the shared ditch only;
68 Wedgefield lots and 74 Crosswinds lots.
2. Crosswinds/Wedgefield lots that drain into the front pond;
18 Wedgefield lots and 31 Crosswinds lots.
3. Crosswinds/Wedgefield lots that drain into the rear pond;
73 Wedgefield lots and ALL but 38 Crosswinds lots
Hope this answers all concerns.
Linda Lewis
NC Division of Water Quality
127 Cardinal Drive Ext.
Wilmington, NC 28405
910-796-7215

E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may
be disclosed to third parties.

Lewis,Linda
From: Brian Geschickter [[e-mail]]
Sent: Wednesday, January 11, 2012 11:33 PM
To: 'Charles Meier';'Laton, Don'; Lewis, Linda
Subject: FW: -Re: Crosswinds
Importance: High
Linda, Don, and Charles:
I thought it best to send this e-mail to all. I received Charles' e-mail after hours today and would like
some clarification. When Don, Linda, David Ager, Lincoln Hill and I met in December, we were advised that
Linda would walk the "Tanglewood Ditch" and determine how many lots utilized the system as shown in the
map referred to during that meeting and subsequently copied and provided to Charles and Crosswinds. I sent a
follow up e-mail to Linda after the New Year and copied both Don and Charles (January 4, 2012 e-mail). If
there were a -mails between Charles and Linda in this period, I have not received copies of these. Possible that
it is a problem with my e-mail system as I only received the e-mail from Charles below on my cell phone. If an
oversight, I would appreciate receiving a copy of those a -mails at this time to ensure that all have the same
understanding regarding what assistance is being requested from DENR.
I would appreciate some clarification to ensure that I understand Linda's e-mail correctly. As I
understand Linda's e-mail, only 6 of the lots in the front portion of Crosswinds does not utilize the system as
depicted on the Map provided by DENR. Am I correct? Also, by shared ditch, am I correct that this means the
open portion of the ditch that runs between the two neighborhoods? If so, I was wondering if Linda had
reached a conclusion as to how many of the lots within both neighborhoods utilize the planned drainage system
and not just those lots which border/use the ditch which runs between the two neighborhoods, as well as which
lots within Wedgefield do not utilize the system.
I hope that this e-mail does not come across in the wrong way as I am just trying to make sure that there
is no confusion.
Thanks,
Brian nn (�
@aian, lT. gedj, c.Pct"
Brian A. Geschickter, Attorney -at -Law
215 Racine Drive, Suite 204
Wilmington, North Carolina 28403
910-202-6966
910-399-4690 (Facsimile)
[e-mail]
Please be advised that this e-mail and any files transmitted with it are confidential attorney -client communications or
may otherwise be privileged or confidential and are intended solely for the individual or entity to whom they are
addressed. If you are not the intended recipient, please do not read, copy or retransmit this communication but destroy
it immediately. Any unauthorized dissemination, distribution or copying of this communication is strictly prohibited.
From: [e-mail] [mailto:[e-mail]]
Sent: Wednesday, January 11, 2012 6:08 PM

Lewis Linda
From:
Lewis,Linda
Sent:
Wednesday, January 04, 2012 1:52 PM
To:
'Brian Geschickter'
Cc:
'Laton, Don; 'Charles Meier
Subject:
RE: Wedgefieid & Crosswinds
Hey Brian:
I'm waiting for a slightly warmer day to do that walk through of the Crosswinds drainage system — probably one
day next week (9th-131h). Please remember that I do not have the use of surveying equipment, and will not be
able to confirm elevations. As we discussed, this is a flat area, and sometimes it's obvious which way drainage
is flowing, sometimes it's not. The County's previous inspection and report of the drainage ditch has provided
the State with a level of comfort that with certain repairs, sufficient drainage will be provided. You also need to
remember that because the density level in Crosswinds meets the 30% limit, it's OK if the lots aren't graded to
drain into the pond.
As to the DA map — DWQ requires the submission of 2 copies of all plans. It's pretty common for us to get an
application package that has only one set of plans in it. The first set is stamped with the actual received date,
and then when the second set is submitted, it gets stamped with that received date. it's the same plan, only
received on different days.
I don't recall the exact specifics, but to my knowledge, I think that the consultant initially submitted only one
copy of the drainage area map. I do remember meeting with the consultant to discuss my concern over the
lack of sufficient contour to determine flow directions on the plan. At my request, he added the flow arrows to
the DA map by hand during that meeting, and I added some notes. After this meeting; the consultant submitted
the required second copy. This explains the difference between the received dates. One plan does not
supercede the other — it is the same plan, only with a different received date, one having hand -drawn flow
arrows and one not.
Linda Lewis
NC Division of Water Quality
127 Cardinal Drive Ext.
Wilmington, NC 28405
910-796-7215
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may
be disclosed to third parties.
From: Brian Geschickter [mailto:[e-mail]]
Sent: Wednesday, January 04, 2012 12:55 PM
To: Lewis,Linda
Cc: 'Caton, Don'; 'Charles Meier'
Subject: RE: Wedgefield & Crosswinds
Importance: High
Linda:
Just a quick follow up after our meeting. We provided your comments as to work that would not be required
by DENR and Retention Pond Services has provided us with a new estimate of $21,700.00. We are presently seeking
estimates from other companies and would like to discuss these with you once this research is completed.

Since our meeting, we have met with Crosswinds for an "update" meeting on December 29, 2011. During that
meeting, we provided them with a copy of the map you referred to during our meeting and I did my best to describe
your interpretation of the "flow" of this entire system as depicted on the map. I also advised that you would first have
to "walk the property" before being able to confirm that the system as depicted on the map and the system as installed
are the same, and that you would not be able to get to this until after the New Year. Could you please provide me with
an estimated timeline for completion of this.
I believe that there is still some confusion over the map you referred to in our meeting and the, I believe,
August 1993 map which does not contain the arrows. I would like to confirm that you believe that this confusion has
been caused because when the first map was provided (ie. the map you stated that DENR was using) the duplicate map
was not provided. However, the duplicate was provided at a later date and that is why it has the "RECEIVED" with a
later date. If I am incorrect, I would appreciate your clarifying this matter for us.
Thanks and Happy New Year to all,
Brian
@,a a n. d. seadl,;,c"
Brian A. Geschickter, Attorney -at -Law
215 Racine Drive, Suite 204
Wilmington, North Carolina 28403
910-202-6966
910-399-4690 (Facsimile)
[e-mail]
Please be advised that this e-mail and any files transmitted with it are confidential attorney -client communications or
may otherwise be privileged or confidential and are intended solely for the individual or entity to whom they are
addressed. If you are not the intended recipient, please do not read, copy or retransmit this communication but destroy
it immediately. Any unauthorized dissemination, distribution or copying of this communication is strictly prohibited.
From: Lewis,Linda [mailto:[e-mail]]
Sent: Friday, December 02, 2011 4:32 PM
To: Brian Geschickter
Subject: RE: Wedgefield & Crosswinds
Thanks Brian. I'll pencil it in too and wait to hear back from you.
Linda Lewis
NC Division of Water Quality
127 Cardinal Drive Ext.
Wilmington, NC 28405
910-796-7215
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may
be disclosed to third parties.
From: Brian Geschickter [mailto:[e-mail]]
Sent: Friday, December 02, 2011 2:58 PM
To: Lewis,Linda
Subject: RE: Wedgefield & Crosswinds
Linda;

This date is available on my calendar and I have penciled it in. I am forwarding this to the appropriate
Representatives of the HOA and will get back to you ASAP.
Thanks
Brian
603'a� (T. g ,�
Brian A. Geschickter, Attorney -at -Law
215 Racine Drive, Suite 204
Wilmington, North Carolina 28403
910-202-6966
910-399-4690 (Facsimile)
[e-mail]
Please be advised that this e-mail and any files transmitted with it are confidential attorney -client communications or
may otherwise be privileged or confidential and are intended solely for the individual or entity to whom they are
addressed. If you are not the intended recipient, please do not read, copy or retransmit this communication but destroy
it immediately. Any unauthorized dissemination, distribution or copying of this communication is strictly prohibited.
From: Lewis,Linda [mailto:[e-mail]]
Sent: Friday, December 02, 2011 1:03 PM
To: Brian Geschickter
Subject: RE: Wedgefield & Crosswinds
What about Thursday, Dec. 15 at 10am here in my office?
Linda Lewis
NC Division of Water Quality
127 Cardinal Drive Ext.
Wilmington, NC 28405
910-796-7215
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may
be disclosed to third parties.
From: Brian Geschickter [mailto:[e-mail]]
Sent: Friday, December 02, 2011 12:14 PM
To: Lewis,Linda
Subject: RE: Wedgefield & Crosswinds
Importance: High
Linda:
Just checking in/following up to see when you might be able to meet with me, and perhaps the appropriate
Wedgefield Representative(s), to go over the maps and see how many lots of Crosswinds utilize the drainage system as
well as to discuss the front pond in lights of the estimate received from Pond Retention services.
Thanks
Brian

@1 i,an, (T. JeeduAtez
Brian A. Geschickter, Attorney -at -Law
215 Racine Drive, Suite 204
Wilmington, North Carolina 28403
910-202-6966
910-399-4690 (Facsimile)
[e-mail]
Please be advised that this e-mail and any files transmitted with it are confidential attorney -client communications or
may otherwise be privileged or confidential and are intended solely for the individual or entity to whom they are
addressed. If you are not the intended recipient, please do not read, copy or retransmit this communication but destroy
it immediately. Any unauthorized dissemination, distribution or copying of this communication is strictly prohibited.
From: Lewis,Linda [mailto:[e-mail]]
Sent: Friday, November 18, 2011 3:10 PM
To: Brian Geschickter
Subject: RE: Wedgefield & Crosswinds
urYi�
I don't have the recorded plats in front of me for an exact lot count. I'm going off of the lot lines shown on the
August 1993 drainage area map. For exact lot counts, I'd have to pull all the recorded plats. I can do that when
I get back. Perhaps Crosswinds HOA knows how many total lots are in Crosswinds? 1 know there are 155 total
in Sections 2, 3, 4 and 5. I'd have to do some more research for the remaining sections.
Excluding the 31 lots in Crosswinds that drain to the Wedgefield pond, all of the remaining Crosswinds lots (?)
are supposed to drain to the Crosswinds pond. There are 73 lots in Wedgefield that are supposed to drain to
the Crosswinds pond, too. The rest of the Wedgefield Lots (18?) are supposed to drain to the Wedgefield
pond.
The Wedgefield pond actually receives more runoff from Crosswinds lots, but the Crosswinds pond receives
most if it's runoff from Crosswinds lots.
Linda Lewis
NC Division of Water Quality
127 Cardinal Drive Ext.
Wilmington, NC 28405
910-796-7215
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may
be disclosed to third parties.
From: Brian Geschickter [mailto:[e-mail]]
Sent: Friday, November 18, 2011 2:52 PM
To: Lewis,Linda
Cc: 'Laton, Don'
Subject: RE: Wedgefield & Crosswinds
Importance: High
Linda

Thank you for forward this information to me as it is extremely helpful. Not sure if a miscommunication on my
part (and probably was) but we also need to know the same information for Crosswinds lots that utilize the Ponds, front
or back, and the "drainage system" as a whole as these numbers are important in the HOAs discussions on how to
"Share the cost" of upkeep and maintenance. Not sure if this is what you are referring to Paragraph 5 of your e-mail,
and would appreciate clarification on this issue. Have a safe trip and I will talk to you upon your return. If at all possible
if you have those numbers handy before your departure, they would be appreciated. Best format for our discussions is
that --- number of the houses/lots within Wedgefield utilize the system in one form or another, and ------ number of
houses/lots within Crosswinds utilize the system in one form or another.
Thanks,
Brian
@Iacm a. gea&zuen
Brian A. Geschickter, Attorney -at -Law
215 Racine Drive, Suite 204
Wilmington, North Carolina 28403
910-202-6966
910-399-4690 (Facsimile)
[e-mail]
Please be advised that this e-mail and any files transmitted with it are confidential attorney -client communications or
may otherwise be privileged or confidential and are intended solely for the individual or entity to whom they are
addressed. If you are not the intended recipient, please do not read, copy or retransmit this communication but destroy
it immediately. Any unauthorized dissemination, distribution or copying of this communication is strictly prohibited.
From: Lewis,Linda [mailto:[e-mail]]
Sent: Friday, November 18, 2011 10:02 AM
To: [e-mail]
Subject: Wedgefield & Crosswinds
Brian:
I've talked it over with Don and here are the results of my research into the questions you asked about what
lots are draining into the "system".
I have used the August 1993 drainage area map to provide my best estimate. I thought a reduced size copy of
this map had been entered as an Exhibit to the case, but I could not find an Exhibit number on any of my
copes. I've attached a marked up scanned copy of a portion of the August 1993 drainage area map showing
the affected lots that drain into the Wedgefield pond.
There appear to be 18 lots in Wedgefield, 10 lots in Crosswinds Section I, and 21 lots in Crosswinds Section II,
full or 1/ - portions thereof, whose runoff appears to be collected by the "drainage system" to the Wedgefield
pond.
There appear to be 73 lots in Wedgefield, full or %-portions, whose runoff appears to be collected by the
"drainage system" to the Crosswinds pond.
There are 15 lots, full or % portions thereof, in Sections I and II that do NOT drain into either pond. However,
these lots will still utilize a portion of the "drainage system" of catch basins, piping and ditches in Crosswinds to
collect that runoff and send it into the College Road DOT ditch. These are comprised of one (1) full lot and one
(1) half -lot in Section I; and six (6) full lots and seven (7) half -lots in Section II. Please note that Section I is not

covered by a permit, but the respective lots and build -upon area in Section I that drains to either the
Wedgefield pond or the Crosswinds pond were included in the drainage area to those ponds.
I hope this information helps. I've also spoken to Don about the RPS estimate. Because the pond has gone
such a long time without maintenance we envision that at a minimum, the sediment should be removed to
design depth, and all or a portion of the removed sediment dewatered, stockpiled, and then used to repair and
regrade the side slopes to 3:1 or flatter, and then stabilize the graded slopes with grass and mulch or sod.
We think that doing this all at one time will be cheapest in the long term because there won't be a need to
transport all that sediment offsite, and then buy more soil to repair the slopes later. Also, if you just remove
sediment without repairing or stabilizing the slopes, more sediment will just slough off into the pond, requiring
the Association to remove sediment again.
I'll be out of the country through Monday, November 28, 2011. Call me on Tuesday the 29th if you want to
discuss further.
Linda Lewis
NC Division of Water Quality
127 Cardinal Drive Ext.
Wilmington, NC 28405
910-796-7215
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may
be disclosed to third parties.

Lewis,Linda
From: Lewis,Linda
Sent: Tuesday, November 15, 2011 3:52 PM
To: 'Laton, Don'
Subject: RE: Brian Geschickter/Crosswinds
Attachments: 2011 11 damap 930710.pdf
Good news. I was able to speak to Brian today. Here is what we discussed:
1. Wedgefield is concerned about the amount of -money that Retention Pond Services estimates will be
needed to fix the front pond. They want to discuss what we will accept as the absolute minimum
amount of maintenance and then possibly phasing" in the rest of the improvements later, as money is
available. The current RPS estimate is approximately $28,000.
2. Brian is trying to get an idea of how many lots drain into the "drainage system" in both Crosswinds and
Wedgefield. I have used the August 1993 drainage area map to provide my best estimate. I thought a
reduced size copy of this map had been entered as an Exhibit to our case, but I could not find an
Exhibit number on any of my copes. I've attached a marked up scanned copy of a portion of the August
1993 drainage area map showing the affected lots.
3. There appear to be 18 lots in Wedgefield, 10 lots in Crosswinds Section 1, and 21 lots in Crosswinds
Section 11, full or % - portions thereof, whose runoff appears to be collected by the "drainage system" to
the Wedgefield pond.
4. There appear to be 73 lots in Wedgefield, full or'/ -portions, whose runoff appears to be collected by
the "drainage system" to the Crosswinds pond.
5. There are 15 lots, full or V - portions thereof, that do NOT drain into either pond. However, these lots
will still utilize a portion of the "drainage system" of catch basins, piping and ditches in Crosswinds to
collect that runoff and send it into the College Road DOT ditch. These are comprised of one (1) full lot
and one (1) half -lot in Section 1; and six (6) full lots and seven (7) half -lots in Section U.
If you are OK with this information, i will forward to Brian.
Linda Lewis
NC Division of Water Quality
127 Cardinal Drive Ext.
Wilmington, NC 28405
910-796-7215
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may
be disclosed to third parties.
From: Laton, Don [mal1to:dlabon(ancdo aov]
Sent: Tuesday, November 15, 2011 10:16 AM
To: Lewis,Linda
Subject: RE: Brian Geschickter/Crosswinds
Thanks. That sounds reasonable. I appreciate your work on this long running case very much.
From: Lewis,Linda [mailto:Iinda.lewis6nodenr.govJ
Sent: Tuesday, November 15, 2011 10:11 AM
To: Laton, Don
Subject: Brian Geschickter/Crosswinds

Retention p mid services, Inc.
�pc's��tlFri�°cf in :;il �.`:.�+::��> •f r` ��:: ii:r•; rand 41.1c:�1,�e?d �S.'aintFn�n�c
This Agreement is entered into by and betw den Retention Pond Services, Inc ("RPS") and
Wedgef:aeld HOA ("Customer") for the below described services to be performed no less than
monthly beginning August 2011 and ending 30 days after written notice of either party to
terminate the Agreement. Any additional chz nges to the Agreement must be made in writing and
signed by the parties.
l . RPS will inspect no less than monthly the
Drive in Wilmington, NC 28409 (1 pond) i
regulations and ordinances as well as for an3
RPS feels is necessary for the stormwater po
provided by RPS for maintenance or repair v
previously agreed to by customer.
2. RPS is responsible for mowing all pond
agencies, pond areas will be mowed at a h,
pond basin, pond slopes, spillways, and ou
1r 1 3. RPS will treat aquatic vegetation and
Tasis. This may include the use of EPA
notify RPS if any area treated with herb
'tormwater pond which is located at Wedgefield
)r compliance with all local, state, and federal
additional recommended maintenance or repair that
ids to perform as designed. A separate Bid will be
ark outside the scope of this Agreement, as
Unless specified by applicable regulatory
Of no less than 5 inches. Pond areas include the
in pond basins and stone spillways on an as needed
ved herbicides, algaecides, and dye. Customer is to
and/or algaecides is used for irrigation purposes.
�0 4. RPS will pick up and dispose of all trash ar�d small debris in the exposed stormwater system,
1( including the pond basin(s), outfall structureO, emergency spillway(s), and drain grate(s). This
does not include flushing pipes or removal of any debris in a closed area such as a catch basin.
55 ountain(s) will be cleaned of debris and tr' h during each month] visit.
testing and/or repairs necessary are not includd in this contract y Any diagnostic
6. RPS will prepare and post monthly reports Ilocumenting the inspection findings as well as
describing the maintenance performed along v4ith pictures on the RPS website. The inspection
report will identify noncompliant aspects of th� stormwater system as well as any additional
recommended maintenance or repair that RPS feels is necessary for the stormwater system to
perform as designed.
6. RPS will provide an annual report of the condition of the stormwater system including depth measurements of all ponds. The as -built of the �ond(s) following construction is to be provided
by the customer before a depth plot can be conipleted.
P.O. SOK 1.5630 - Wt. VKLw.gtow, Na 2'E402 3i3.6830 - �88. 2.3F,po - �QX�10 3I3.68�p
www. rete wti..o wpo wG{s . covi t

7. RPS will provide consultation regarding applicable regulations, permit responsibility,
stormwater system performance and comol ante_
8. Customer will be billed monthly (net 30)I in the amount of $160.00 per month with the
invoice directed to Wedgefield HOA.
9. Customer will provide access to all areas to be inspected and maintained as well as provide
RPS with any necessary gate/lock keys orspecial instructions to access the property.
10. Should it become necessary for either R 3S or customer to seek legal action to enforce the
terms of this Agreement, the prevailing part shall be entitled to reimbursement of their
reasonable attorney fees and expenses.
Entered into on this, the day of 2011.
Retention Pond Services, Inc.
By:
Printed Name:
Title:
Wedgefield HOA
By:
Printed Name:
Title:
The Storinwat r Leader Since 1996
RPS is a comprehensive stormwater company based in Wilmington, North Carolina with
additional offices in Charles City, Virginia a d Spartanburg, South Carolina. With very few
exceptions, all maintenance and repair work s performed by RPS employees using equipment
owned by RPS. RPS has the ability to address the stormwater needs of all of our customers.
Additional stormwater services provided by I TS include jet/vac truck service, dredging, wetland
clearing, permitting assistance, aquatic plantings, hard structure repair and replacement, heavy
vegetation removal, total pond rehabilitation d expert consultation. Please visit our website at
ww w.retentionnonds com for additional infor ation.
P.D. Sox I5630 - wamtv"Otow, Ne• 2e+00 - 0.3i3.6$30 $S$ 2.3 - AX�i0.323.68�0
WWW. reteKktOwPOvt.GIS.GOK&

NM 1
So far, I have ascertained from Alan Pope that Wedgefield has not applied for a
driveway permit or access easement with the NCDOT. There was some preliminary
discussion between Vince and Anthony Law that covered the necessary basics for a
driveway application to be filed, including:
1. The pipe size should accommodate the ditch flow.
2. Access through the berm is needed (additional excavation).
3. That the access be wide enough to accommodate the necessary equipment.
4. That the access be located as far south as possible.
5. That no parking or loading or unloading of equipment would occur on the right-
of-way.
The access would be used so seldom, that Vince didn't think he needed a permanent
pipe in the NC 132 ditch. I think that Wedgefield has not applied for a driveway permit
with DOT because of the costs associated with that permanent pipe in the right-of-way.
I'm going to talk with Anthony Law on Wednesday to see if DOT will allow a "temporary"
bridge structure which was the basis for the original $2500 estimate listed in the
settlement papers.
There appear to be many companies that manufacture temporary bridges capable of
supporting heavy loads. From the websites I went to, most temporary bridges are to
accommodate construction traffic. I did not call the reps to get price quotes. The DOT
needs to see an example of what the HOA wants to do before DOT can approve it.
Retention Pond Services indicated that the pipes in the drainage easements have a four
foot cover depth, so unless the pipes were installed at a substantially higher elevation,
or the finished grade of the yards is lower than depicted on the plans, it is possible for
heavy equipment to enter the easement and span the pipe without breaking it. There
might be some minor lawn disturbances, some permanent utilitv relocation, and fences
that are in the way would need to be removed in order to open up the easement and run
the dragline. The cost of sediment removal could be as high as $25,000 based on an
estimated 370 cubic yards of sediment to be removed, but RPS is willing to go out there
and look at the pond and revise its estimate if warranted. The settlement money of
$6500 will probably not be enough to cover the sediment removal.
S:1wgslstormwaterlpermits & projects119921921115 HD12011 03 mtg_notes 921115

Lewis,Linda
From:
Lewis,Linda
Sent:
Friday, March 11, 2011 10:31 AM
To:
Laton, Don
Cc:
Shiver, Rick
Subject:
FW: Wedgefield Original RPS Bid
Attachments:
Wedgefield Bid 2.18.2008.pdf
Don- I just received a copy of this 2008 bid (attached) from Hamp Stephens (note spelling of his last name is
different than what we discussed yesterday). It details the list of work that Retention Pond Services (RPS) was
to provide to Wedgefield H+OA c/o Vince Calcagno. The preparer of the bid was Edward Coleman, a local
attorney who now works for RPS in their legal and sales. department. According.to Mr. Stephens, the terms of
the proposed contract were very generous and even included payment terms in exchange for Wedgefield
signing a 2 year monthly maintenance contract.
Linda Lewis
NC Division of Water Quality
127 Cardinal Drive Ext.
Wilmington, NC 28405
910-796-7215
Education is the progressive discovery of our own ignorance,
-Will Durant
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may
be disclosed to third parties.
From: Hamp Imailto:hampC�retentionponds.comI
Sent: Friday, March 11, 2011 9:57 AM
To: Lewis,Linda
Cc: Edward Coleman
Subject: Wedgefield Original RPS Bid
Linda,
It was nice speaking with you this morning. Please see attached and let me know if you have questions. Thank you and
have a great weekend.
Best Regards,
Hamp Stephens
Retention Pond Services, Inc.

Detention Pond 5ervice5, Inc.
Specializing in all phases of Aquatic and Wetland faintenance
NAME/ADDRESS © DATE I BID #
Wedgefield HOA 2/18/2008 1738
Vincent Calcagno
4721 Wedgefield Drive TERMS PROJECT
Wilmington, NC 28409
See Below Front Retention Pond Rehabilitation
DESCRIPTION
RPS does not provide professional engineering opinions. However, RPS believes the proposed scope of work
best increases the capacity of the pond and keeps the pond consistent with the original design intent of the
engineer.
RPS anticipates that despite careful attention, the grass yard of the home at the access point will require
grading and the placement of sod in some or all of the access point. RPS will repair any damage caused in
accessing the pond.
RPS strongly encourages customer to "cap" or remove all drain lines currently allowing water to flow into the
pond. These drains promote erosion and will compromise the shape of the slope work performed by RPS.
RPS will provide a 1 year warranty if customer signs a Monthly Maintenance Agreement for at least 1 year. The
proposed Monthly Maintenance Agreement is $175 per month and is more particularly described in the actual
agreement. RPS will not warrant slope erosion caused by drain lines other than the engineered 2 in -fall areas.
RPS will extend payment terms contingent on the customer signing a two year Monthly Maintenance
Agreement. Payment terms are as follows:
Prior to mobilization 7,775
30 days after completion 5,150
60 days after completion 5,150
90 days after completion 5,150
Any late payment subjects customer to interest at 12% APR and renders the outstanding balance to be due in
full within 10 days. Customer waives notice of late payment.
RPS will provide a 1 year warranty on their work contingent on customer signing a Monthly Maintenance
Agreement.
Accepted: Wedgefield HOA
Authorized Signatory
Dated
PO Number (if necessary)
TOTAL
I I TOTAL $22,775.00 1
is eirective ror su aays rrom care at top or page.
P.O. Box 15630 - Wilmington, NC 28408 - 910.313.6830 - 888.791.3600 - Fax [phone]
www.retentionponds.com
age 2

Retention fond 5ervice5, Inc.
Specializing in all phaee5 of Aquatic and Wetland Maintenance
NAME/ADDRESS BID I DATE BID #
Wedgefield HOA 2/18/2008 1738
Vincent Calcagno
4721 Wedgefield Drive TERMS PROJECT
Wilmington, NC 28409
See Below Front Retention Pond Rehabilitation
I DESCRIPTION I TOTAL
RPS proposes to complete the following scope of work:
Cut and remove approximately 16 mature pine trees from pond slope. Remove 1-2 feet of accumulated
sediment from pond basin. Reshape pond slopes to 3:1 using material removed from pond basin and
approximately 30 tons topsoil. The slope at the back of the pond (around the in -fall area furthest from the
access point) will be built up so that the height of the slope in that area is taller. The area around the in -fall
area furthest from the access point will be extended as practable with removed soil to be used in increasing
the height of the pond bank. RPS has bid this job based on the estimate that it will take our heavy equipment
crew 2 days to complete the scope of work. Therefore, the amount that the pond is extended around the in -fall
area furthest from the access point is contingent upon how much time RPS has to devote to that area. The
existing in -fall areas will remain in their current locations. The two in -fall areas will be cleaned and 10 tons of
class B rip rap will be placed over 1198 filter fabric at the toe of both in -fall areas. Reshaped slopes will be
stabilized by applying hydroseed with the appropriate amendments. Access to the pond will be between the
berm and the first house to the right of the entrance to the subdivision.
TOTAL
is errecuve ror su Clays rrom aate at top or page.
P.O. Box 16630 -Wilmington, NC 28408 - 910.313.6830 - 888.791.3600 - Fax [phone]
www.retentionponds.com
age 1
22, 775,00

MEMORY TRANSMISSION REPORT
FILE NO.
246
DATE
03.04 14:40
TO
: 1193136870
DOCUMENT PAGES
3
START TIME
03.04 14:41
END TIME
03.04 14:42
PAGES SENT
3
STATUS
OK
*** SUCCESSFUL TX NOTICE
TIME :03-04-'ll 14:42
FAX NO.1 :910-350-2004
NAME :DENR Wilmington
***
State of North Carolina
Departrnaxxt of Envircnraaent and Natural Resources
Wilmington Regional Office
$everiv Eaves pexdut. Caovemor pee itreeman. Secretary
Pr'AX i--cs vyna sxmmx
Date: 3 —4 -2-
Tor . L.P s .2 Si S - Fro:aa : I.�tilcl�. QeilJ i S
FAX #: [phone] r
'RE1�ATti�S
127 Cnrillnnl Drlvn ¢itnntton. Wflmina[ n. M-C. 1a409-3645 Welophonn pL0) 7pb7115 Fan [phone]
An Equal-Oppart9 nity AMt�nttly' Acton Qmp7oynr
opt- a-� er- ��--r �yy • ... ,. Q.� -•.

State of North Carolina
Department of Environment and Natural Resources
Wilmington Regional Office
Beverly Eaves Perdue, Governor Dee Freeman, Secretary
FAX COVER SHEET
Date: 3 -4 -�Zall
To: .L_5d-
co: �efQ�►7�bj S"-w
FAX #: c(IU-313-6097D
REMARKS
No. Of Pages: (excluding cover,)
From: Ulid.2 LQ,uvr'5
...CO: NC DENR _ . _ -
FAX#: [phone]
127 Cardinal Drive Extension, Wilmington, K.C. 28405-3845 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Aition Employer
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